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

                     DRAFT ENVIRONMENTAL IMPACT STATEMENT

    1.1  d,,  Mullica River

                     Estuarine Sanctuary

     'tEs Ot V
                    Proposed Estuarine Sanctuary Grant Award
                    for Mullica River, Atlantic, Burlington,
                     and Ocean Counties, New Jersey

                     U.S. DEPARTMENT OF COMMERCE
       QH              National Oceanic and Atmospheric Administration
       541.5           Office of Coastal Zone Management
       .E8                     and
       P76
       1981            State of New Jersey
                     Department of Environmental Protection
                    Division of Coastal Resources

                 3T~i ~~!1?";4~8~"MEOW, I 711110110

    UNITED STATES DEPARTMENT OF COMMERCE

    DRAFT ENVIRONMENTAL IMPACT STATEMENT

                  P ROPO SED

    GRANT AWARD TO THE STATE OF NEW JERSEY

                  FOR THE

      MULL ICA RIVER ESTUARINE SANCTUARY

                  MAY 1981

                             Prepared by:
                             U.S. Department of Commerce
                             National Oceanic and Atmospheric
                               Admi ni strat ion
                             Office of Coastal Zone Management
                             3300 Whitehaven Street, N.W.
                             Washington, D.C. 20235

                                       and

                             State of New Jersey
                             Department of Environmental
                                Protection
                             Division of Coastal Resources
                              CN 401
                             Trenton, New Jersey 08625

    DESIGNATION:   Draft Environmental Impact Statement

    TITLE:         Proposed Estuarine Sanctuary Grant Award to the State
                   of New Jersey for a Mullica River Estuarine Sanctuary

    ABSTRACT:      The New Jersey Department of Environmental Protection
                   has applied for a grant from the Office of Coastal Zone
                   Management to establish an estuarine sanctuary in the
                   Mullica River system in Atlantic, Burlington, and Ocean
                   Counties.

                   The proposed sanctuary, which will be established
                   through a two-phase land acquisition program, will preserve,
                   protect and place under State management approximately
                   17,748 acres of the Mullica River drainage basin including
                   saline freshwater and brackish wetlands, and forested
                   uplands, all of which are currently privately owned.
                   These areas, which include a broad diversity of salinity
                   and physical systems, will be used for research, education
                   and recreation purposes.

                   Approval of the grant application will permit the establish-
                   ment of an estuarine sanctuary representing the Virginian
                   biogeographic region. The proposed sanctuary will be used
                   primarily for research and educational purposes, especially
                   to provide information useful for coastal zone management
                   decisionmaking. Multiple use of the sanctuary will be
                   encouraged to the extent that the uses are compatible with
                   the primary sanctuary purpose of long-term protection of
                   the area for scientific research and educational use.

                   Research within the proposed sanctuary will provide baseline
                   data useful for assessing the impacts of human activities
                   within the Mullica River area and the Virginian biogeographic
                   region.

    APPLICANT:      New Jersey Department of Environmental Protection

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

    CONTACT:       Mr. Milton Martin
                   Estuarine Sanctuary Project Officer
                   Office of Coastal Zone Management
                   3300 Whitehaven Street, N.W.
                   Washington, D.C. 20235
                   (202) 653-7301

         Individuals receiving copies of the Draft Environmental Impact Statement
    (DEIS) will NOT automatically receive copies of the Final Environmental
    Impact Statement unless specifically requested, or unless they submit
    oral or written comments on the DEIS.

                               TABLE OF CONTENTS

    SECTION                                                            PAGE

    SUMMARY                                                              i

    PART I:    PURPOSE OF AND NEED FOR ACTION                            1

    PART II:    ALTERNATIVES                                             5

               A.  Preferred Alternative                                5

                  1. Site Boundaries. . . . . . . . . . . . . . . . . . 5

                  2.  Proposed Management of Estuarine Sanctuary. . . . 8
                      a.  General Management Principles. . . . . . . . 11
                      b.  Research and Education Program. . . . . . . .14

               B.  Alternatives Considered                             16

                   1.  Site Selection. . . . . . . . . . . . . . . . . 16
                   2.    Boundaries.   .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 22
                   3. Acquisition and Funding. . . . . . . . . . . . 28
                   4. Alternative Management Plans ..........35
                   5.  No Action Alternative. . . . . . . . . . . . . .35

    PART III:   ENVIRONMENTAL CONSEQUENCES                              37

               A.  Environmental Impacts of the Proposed Action        37

                   1.  Local Impacts on Burlington, Ocean and
                       Atlantic Counties. . . . . . . . . . . .   . . ..37
                   2.  Regional Impacts on the Mullica River
                       Drainage Basin. . . . . . . . . . . . . . . . . 38
                   3.  State and Federal Impacts. . . . . . .     . . ...39
                   4.  Natural Environment. . . . . . . . . . .   . . ..39
                         a. Fish, Wildlife, and Vegetative Habitat. . 39
                         b.  Air Quality. . . . . . . . . . . .   . . ..39
                         c. Water Quality ...............39
                         d. Mineral Reserves and Archaeological
                             Sites.                 .                 .40
                         e.  Agricultural Lands  ............40
                   5. Human Environment... . . . . .........40
                         a.  Residential/Industrial/Commercial.  . . ..40
                         b. Public Use ................40
                         c. Scientific and Educational Use/Economic
                             Factors   .   .  .  . ...... .... ..      41
                         d.  Municipal Property Tax Loss .......41
                         e. Mitigation of Municipal Property Tax
                             Losses... . . . . . . . . . . . ....43

    SECTION                                                                    PAGE

                   B.  Unavoidable Adverse Environmental or Socio-               43
                        economic Effects

                   C.  Relationship Between Local Short Term Uses of the         43
                        Environment and the Maintenance and Enhancement of
                        Long Term Productivity

                   D.  Irreversible or Irretrievable Commitments of              45
                        Resources

                   E.  Possible Conflicts Between the Proposed Action           45
                        and the Objectives of Federal Regulations, State,
                        and Local Land Use Plans, Policies, and Control
                        for the Area Concerned

                        1. State Programs and Enabling Legislation.               ......46

                           a. New Jersey Wetlands Act of 1970.                    ........46
                           b. Coastal Area Facility Review Act 1973 . . . .   . . .46
                           C. Waterfront Development Law ..                     .......... 46
                           d. Tidelands Management.                 .... . . .   . . .....46
                           e. New Jersey Pinelands Protection Act of 1979 .   . . .47
                           f. DEP Division of Fish, Game and Wildlife.   ..   ...49
                           g. DEP Division of Parks and Forestry .. . . . . .   . 49
                           h. Green Acres and Recreation Program .. . . . . .   . 50
                           i. DEP Division of Water Resources ..    .      .       ......50
                           j. Department of Community Affairs . .  . . . . . . . 51

      PART  IV:  AFFECTED ENVIRONMENT                                           53

                   A. General Physiography.                                      .................53

                   B.  Geology . .                       ........... . . . . . . . . . . . 53

                   C. Hydrology . .                                ............... . . . . . . 56

                   D.  Biological Resources ..... . . .            .... . . . . . . 58

                        1.    Vegetation .   .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  58

                        3. Endangered Species.                        ........... . . . . . 61

                   E. Human Activities.                               ............. . . . . . 65

      PART V:    LIST OF PREPARERS                                              67

      PART VI:   LIST OF AGENCIES, ORGANIZATIONS, AND PERSONS RECEIVING         71
                  COPIES
                                                                                      77
      PART VII:  APPENDICES

                                         i

                                      SUMMARY

       BACKGROUND

            In response to the intense pressures upon and conflicts within the
       coastal zone of the United States, Congress enacted the Coastal Zone
    10 Management Act (CZMA) of 1972 (PL 92-583), with amendments enacted by
       the U.S. Congress in 1976 and 1980. The Act authorized a new Federal
       program--administered by the National Oceanic and Atmospheric Administration
       (NOAA) within the Department of Commerce--to assist and encourage States
       to develop and implement comprehensive management programs for the resources
       of the coastal zone. The CZMA affirms a national interest in the coastal
       zone's effective management, beneficial use, and development, and it
       permits the awarding of grants for the purpose of meeting these ends.

            Section 315 of the CZMA established the Estuarine Sanctuary Program,
       which, on a matching basis, provides grants to States to acquire, develop,
       and operate estuarine areas to be set aside as natural field laboratories.
       These areas will be used primarily for long term scientific and educational
       purposes, which, in addition to other multiple-use benefits, will provide
       information essential to coastal management decisionmaking. Examples of
       estuarine sanctuary purposes are:
            o To gain a thorough understanding of ecological relationships
               within the estuarine environment;

            o To make baseline ecological measurements;

            o To serve as a natural control in order to monitor changes
               and assess the impacts of human stresses on the ecosystem;
            o To provide a vehicle for increasing public knowledge and
               awareness of the complex nature of estuarine systems, their
               values and benefits to humans and nature, and the problems that
               confront them; and

            o To encourage multiple use of the estuarine sanctuaries to
               the extent that such usage is compatible with the primary
               sanctuary purposes of research and education.

            In order to ensure that the sanctuary program adequately represents
       regional and ecological differences, the programmatic guidelines establish
       a biogeographical classification scheme that reflects geographic, hydrographic,
       and biological characteristics.

            The estuarine sanctuary guidelines, which were published in 1974,
       were amended in 1977 to specifically authorize the granting of 50 percent
      matching grants in three stages: (1) an initial planning grant for such
       preliminary purposes as surveying and assessing the lands to be acquired,
       and for developing management procedures and research programs; (2) a
       second grant for the actual acquisition of the land,; and (3) subsequent
       grants for administration and operation of the established sanctuary.

                                     i i

         In January 1981, the State of New Jersey, through the Department of
    Environmental Protection (DEP), submitted to the Office of Coastal Zone
    Management (OCZM) a preliminary acquisition grant application for funding
    assistance to establish an estuarine sanctuary in the Mullica River area
    of Burlington, Atlantic, and Ocean Counties. Subsequently, NOAA awarded a
    preliminary acquisition grant for $50,000 (matched by the State), which is
    being used for preliminary boundary determnination, estimation of real
    estate costs and municipal property tax loss impact, development of a
    management plan, and research and education programs.

    PROPOSED ACTION

         The State of New Jersey proposes to request a $1,149,440 grant from
    OCZM to be matched by $1,149,440 in State funds, for State acquisition
    (OCZM has no acquisition or condemnation authority) of approximately 6,884
    acres of wetlands and uplands along the Mullica and Wading Rivers, New Jersey.
    This request represents the first phase of a two-phase program of land
    acquisition for which the State will request funding assistance from NOAA/OCZM.
    Phasing of the project will require that the State comply with established
    NOAA/OCZM regulations for submission of grant applications and National
    Environmental Policy Act requirements for environmental impact statements
    for each phase of the estuarine sanctuary project. The land will be acquired
    and managed by the New Jersey DEP with assistance from its Divisions of
    Fish, Game and Wildlife; and Parks, Forestry, and Green Acres, and a Sanctuary
    Advisory Committee. A background study, Estuarine Sanctuaries for New Jersey's
    Coastal Zone: A Report and Preliminary Recommendations* (May 1980), of
    the proposed sanctuary area has been prepared by DEP's Division of Coastal
    Resources is available from the Coastal Information Center, CN 401, Trenton,
    N.J., 08625.

         Multiple use of the sanctuary is encouraged as long as it is compatible
    with National Estuarine Sanctuary Program objectives. Multiple sanctuary
    uses mean the simultaneous utilization of an area or resource for a variety
    of compatible purposes or to provide-more than one benefit. Sanctuary uses
    may include low-intensity recreation, hunting, fishing, and wildlife
    observation.

         Examples of non-compatible uses of the sanctuary include, but are not
    limited to: diking, dredging or manipulative research with long-term negative
    impacts. Uses that will be allowed, but monitored for potential impact
    are consumptive uses of the environment, such as the collection of flora
    and fauna for public use and benefit.

         Adjacent land and water usage will have impacts upon the proposed
    sanctuary.  However, these activities are currently monitored by existing
    Federal, State, and local authorities, which will continue to do so. The
    estuarine sanctuary will not affect land or water use planning within
    Burlington, Atlantic or Ocean Counties outside the boundaries of the proposed
    sanctuary. In addition, there will be no 'Resource Protection Zone (RPZ)
    established around the proposed estuarine sanctuary  sneach proposed
    acquisition area is fringed by forested uplands which serve as buffers.

     *by Richard A. Kantor
         New Jersey DEP

                                     ii i

    Since existing State statutes and regulations appear fully adequate to
    address any potential problems resulting from uses within the sanctuary
    and in adjacent waters and lands, designation of the sanctuary will not
    result in the need for new or additional environmental regulations or
    creation of a new State agency, or a new division within existing agencies.

         The sanctuary is to be used for research and education, which implies
    a multidisciplinary approach to management.  It will be managed by DEP with
    the advice of an Estuarine Sanctuary Advisory Committee and Research
    and Education Subcommittees.  The Advisory Committee membership, which
    will be appointed by the Commissioner of the New Jersey DEP, will include,
    but not be limited to, the following: representatives of the State of New
    Jersey, colleges and universities, government agencies with responsibilities
    in or near the Sanctuary area, and environmental or civic groups or individuals
    with relevant expertise.

         NOAA/OCZM will participate actively with DEP and the Advisory Committee,
    in its role as an ex officio member of the Committee.  The Assistant Commis-
    sioner for Natural Resources of DEP, or a representative of the Assistant
    Commissioner, will be Chairman of the Advisory Committee.

    ALTERNATIVES

         Alternative management structures were considered.  Management by a
    single State agency would make administration less complex and would be
    appropriate for the diverse types of wetlands and forested lands to be
    administered.  Complex management committee schemes or the creation of
    new agencies were rejected in favor of management by DEP, which includes
    two Divisions with long histories of experience in management of public
    wetlands and forested lands, and a Sanctuary Advisory Committee.

    ENVIRONMENTAL CONSEQUENCES

         The most direct environmental consequence of the proposed action will
    be the long term preservation of the area and its resources in their natural
    state for scientific and educational uses.  The sanctuary will enable increased
    research and education to take place which will enhance the knowledge and
    understanding of estuarine systems in New Jersey and, therefore, will provide
    information for improved coastal zone resource decisionmaking.

         Positive environmental impacts will include:

         o preservation of essential wetland habitats that have national
            significance and are in limited supply;

         o fish and wildlife habitat preservation, including the maintenance
            and enhancement of fish breeding species that are important
            economically to commercial fishing;
         o improved air quality from the limiting of urbanization
            within the sanctuary boundaries;

                                     iv
         o water quality improvement from the limiting of urbanization;
          oincreased public usage through the conversion of private land
            increased but controlled access; and,
          Oadditional scientific, research, and educational opportunities
            for students, educators, and scientists, which will also bring
            economic benefits to the region.
         In the first phase of this proposal , negative impacts would include
    removal of approximately $1,959,500 from the local tax bases and an annual
    loss of approximately $61,656 in municipal property taxes. In total,
    approximately $5,097,000 could be removed from the municipal tax bases and
    approximately $163,000 could be lost from municipal property taxes when
    the second phase of this proposal is completed.

         This will be mitigated by compensatory payments by the State, gradually
    decreasing over a thirteen year period, as mandated by the New Jersey
    Green Acres and Recreation Opportunities Bond Act of 1974 (N.J.S.A. 13:8A-1
    et seq.).

                    PART I: PURPOSE OF AND NEED FOR ACTION

        In response to the intense pressures to preserve, protect, develop,
    and where possible, to restore or enhance coastal resources in the vitally
    important coastal zone of the United States, Congress passed the Coastal
    Zone Management Act (CZMA), which was signed into law on October 27, 1972
    (P.L. 92-583), and amended in 1976 and 1980. The CZMA authorized a
    Federal grant-in-aid and assistance program to be administered by the
    Secretary of Commerce, who in turn delegated this responsibility to the
    Office of Coastal Zone Management (OCZM) of the National Oceanic and
    Atmospheric Administration (NOAA).

        The CZMA affirms a national interest in the effective protection and
    development of the Nation's coastal zone, and provides assistance and
    encouragement to coastal States (including those bordering the Atlantic
    and Pacific Oceans, the Gulf of Mexico, the Great Lakes, and U.S. territories)
    to develop and implement State programs for managing their coastal zones.
    The Act established a variety of grant-in-aid programs to such States
    and Territories for the purposes of:

        o developing coastal zone management programs (Sec. 305);

        o implementing and administering management programs that
           receive Federal approval (Sec. 306);

        o  avoiding or minimizing adverse environmental, social, and
           economic impacts resulting from coastal energy activities
           (Sec. 308);

        o coordinating, studying, planning, and implementing interstate
           coastal management activities and programs (Sec. 309);

        o conducting research, study, and training programs to
           scientifically and technically support State coastal manage-
           ment programs (Sec. 310); and,

        o acquiring estuarine sanctuaries and island preservation (Sec.315).

        The estuarine sanctuary program authorized by Section 315 of the
    CZMA establishes a program to provide grants to States, on a matching
    basis, for the acquisition, development, and operation/management of
    natural estuarine areas as sanctuaries so that scientists and students
    may be provided the opportunity to examine, over a period of time, the
    ecological relationships within the area. Section 315 provides a maximum
    of $3,000,000 in Federal funds, to be matched by an equivalent amount by
    the State, to acquire and manage lands for each sanctuary. Guidelines
    for implementation of the estuarine sanctuary program were published in
    final form on June 4, 1974, (15 CFR Part 921, Federal Register 39 [105]:
    19922-19927) and amended on September 9, 1977 (15 CFR Part 921, Federal
    Register 42 [175]: 45522-45523).

                                       2

        Sanctuaries established under this program have the dual purpose
    of (1) preserving relatively undisturbed areas so that a representative
    series of natural coastal estuarine systems will always remain available
    for ecological research and education, and (2) ensuring the availability
    of natural areas for use as a control against which impacts of human
    activities in other areas can be assessed.  These sanctuaries are to be
    used primarily for long term scientific and educational purposes, especially
    to provide information essential to coastal zone management decisionmaking.

         Such purposes may include:

        o gaining a thorough understanding of the natural ecological
           relationships within the variety of estuarine environments
           of the United States;
        o making baseline ecological measurements;

        o serving as a natural control against which changes in other
           similar estuaries can be measured, and facilitating evalua-
           tion of the impacts of human activities on estuarine ecosystems;
        O providing a vehicle for increasing public knowledge and
           awareness of the complex nature of estuarine systems, and
           their values and benefits to man and nature; and,
        o encouraging multiple use of the estuarine sanctuaries to
           the extent that such usage is compatible with the primary
           sanctuary purposes of research and education.

        While the primary purpose of estuarine sanctuaries is scientific and
    educational, multiple use of estuarine sanctuaries will be encouraged to
    the extent it is compatible with the primary sanctuary purpose.  These
    uses may generally include such activities as low intensity recreation,
    fishing, hunting, and wildlife observation.

         The CZMA and the sanctuary guidelines express the intent that ulti-
    mately the estuarine sanctuary program will fully represent the variety
    of regional and ecological differences among estuaries.  The regulations
    indicate that "the purpose of the estuarine program...  shall be accomplished
    by establishing a series of estuarine sanctuaries nationwide which will
    be designated so that at least one representative of each estuarine
    ecosystem will endure into the future for scientific and educational
    purposes" (15 CFR 921.3[a]).  As administered by OCZM, the estuarine
    sanctuary program defines 11 different biogeographic provinces or classi-
    fications, based on geographic, hydrographic, and biologic characteristics.
    Subcategories of this basic system will be used as appropriate to distinguish
    major subclasses of each biogeographic province.  The total number of
    sanctuaries that will be needed to provide minimal representation for
    the nation's estuarine ecosystems is currently under study.

                                       3

        Between 1974 and the present, OCZM has awarded grants to establish
    nine estuarine sanctuaries. These are:

         Sanctuary                              Biogeographic Classification

        South Slough
        Coos Bay, Oregon                                Columbian

        Duplin River
        Sapelo Island, Georgia                         Carol inian

        Waimanu Valley
        Island of Hawaii, Hawaii                        Insular

        Rookery Bay
        Collier Co., Florida                           West Indian

        Old Woman Creek
        Erie Co., Ohio                                 Great Lakes

        Apalachicola River and Bay
        Franklin Co., Florida                          Louisianian

        Elkhorn Slough
        Monterey County, California                     Californian

        Padilla Bay
        Skagit Co., Washington                         Col umbi an

        Narragansett Bay
        Newport Co., Rhode Island                      Virginian

        Mullica River has long been a focal point of research and educa-
    tional interests and in recent years its future has been the object of
    considerable research attention. Responding to these interests, the New
    Jersey DEP nominated Mullica River as an estuarine sanctuary site and
    applied to OCZM for pre-~acquisition funding, which was granted in March
    1981.

         The proposed Mullica River Sanctuary will be representative of a
    major estuarine sanctuary within the Virginian Biogeographic Classification,
    subcategory and the second estuarine sanctuary within this region. This
    addition further completing the National Estuarine Sanctuary System as provided
    for in Section 315 of the CZMA.

                            PART II: ALTERNATIVES

    A. Preferred Alternative

        OCZM has implemented a process whereby a land acquisition grant can
    be made in two steps. The first is a preliminary acquisition grant for such
    purposes as real estate appraisals, the development of management procedures,
    and research/educational programs. OCZM awarded such a grant for Mullica
    River in March 1981. The second step is the grant request for Federal funding
    for the actual acquisition of land, the proposed action for which this DEIS
    is prepared.

        The State of New Jersey is proposing to submit a land acquisition
    grant application for $2,298,800, $1,149,400 from OCZM, to be matched by
    $1,149,400 in State funds and/or resources, to establish an estuarine
    sanctuary on the Mullica River Basin in Burlington, Atlantic and Ocean
    Counties. The grant will enable New Jersey to acquire approximately 6,88-4
    acres, all of which is now privately owned, as a first phase of a two
    phase land acquisition program to establish the proposed estuarine sanctuary.

         The second phase of the acquisition of 10,864 acres in Atlantic and
    Burlington Counties, will be proposed in the following Federal fiscal
    year, FY 1982. The land will be acquired and managed by DEP.

          The approval of future funding requests is conditioned upon the
    successful completion of the Estuarine Sanctuary Procedural Guideline
    requirements by the State, the National Environmental Policy Act
    requirements, and the availability of NOAA/OCZM funds.

         Upon award of the acquisition grant, the State has the option of
    applying for matching operational funds ($50,000 per year for up to five
    years).

    1. Site Boundaries

        Figure I indicates the general location of the proposed project and
    Figure 2 delineates the proposed sanctuary boundaries. The sites included
    in the proposal are described below.

         a.   Swan Bay

         The Swan Bay area is the State's top priority acquisition site, and
    is estimated to cost $500,000. This 2,065 acre area is being purchased by
    the State, with funds provided by the U.S. Department of-the Interior through
    Land and Water Conservation Funds (LWCF) and by DEP's Division of Parks,
    Forestry, and Green Acres through State Green Acre Funds. This action
    will add to the existing 1,078 acres of the Swan Bay State Fish and Wildlife
    Management Area which is presently administered by the DEP's Division of
    Fish, Game, and Wildlife, forming a contiguous area of 3,143 acres. In
    the unlikely event that Federal LWCF funds are not available, OCZM funds
    will-be requested to implement the proposed purchase (see Figure 5).

             -  1  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ND&MIs                        -24HarisSI

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             Ni,,;>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~rve
          4,,~~~~~~~~~~~~~~~~~~~~~~~~ P4ce
                     I Iw~~~~~~~~~~~~~~~~~~Stafodj

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                              ~~~~~~~~~~~Peliinr    Acqisiio

                                    GalloceantyGatSuyAe

            F. stelivill  4.       ~         ~       ~        ~       ~       Norh

                  7"I,

          SWAN    S         A ARE

    U ~ ~WD        N RIE       AREA-~

        MULC IE ARA--

                      BASS RIVER AREA~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

                        *1  ~~~~~~~~~~~_Isert)

                        /~~~~~~~~~~~~~~~iue

                                     8

         The authority to administer State Fish and Wildlife Management Areas
    is found in N.J.S.A. 23:1-1 et seq.; implementing regulations are found
    in N.J.A.C. 7:25-2.1 et seq. Appendix 3 is a copy of the adopted Rules
    and Regulations of general uses of State Fish and Wildlife Management
    areas under N.J.A.C. 7:25- 2.1 et seq.

         b.   Wading River

         The proposed land acquisition through the National Estuarine Sanctuary
    Program *of the east side of the Wading River in Bass River Township is
    proposed for administration by DEP through the Sanctuary Advisory Committee
    and the Divisions of Parks, Forestry and Green Acres, State Park Service.  Figure
    2 identifies the Wading River site location and its physical relationship to
    Swan Bay, the other Phase I acquisition area to be acquired.  Figure 6 identifies
    the Wading River area proposed boundaries.

        c. The Mullica River Area

        This proposed land acquisition through the National Estuarine Sanctuary
    Program, on the south side of the Mullica River in Galloway and Mullica
    Township and Port Republic and Egg Harbor City, is proposed for administra-
    tion by DEP through the Sanctuary Advisory Committee and the Divisions of Fish,
    Game and Wildlife, and Parks Forestry and Green Acres. See Figure 2 for the
    location of the Mullica River area and Figure 7 for the specific boundary of
    this Phase 11 acquisition area.

        d. Bass River Area

         This proposed land acquisition through the National Estuarine
    Sanctuary Program is for lands adjacent to the Bass River in Bass River
    Township and Little Egg Township in Ocean County. This site's location
    within the proposed sanctuary area is given in Figure 2. The specific
    Bass River Area boundary is given in Figure 8. This is a phase II area
    acqui sit ion.

      2. Proposed Management of the Estuarine Sanctuary

        A study regarding the proposed estuarine sanctuary:  Estuarine Sanctuaries
    For New Jersey's Coastal Zone: A Report and Preliminary Recommendation, May 1980,
    was prepared by the State of New Jersey during the first and second year of
    State implementation of their coastal zone management program.  Information
    from this document has been incorporated extensively into the DEIS and within
    this document shall be referred to as "Kantor (1980)."

        Multiple use of an estuarine sanctuary may be permitted as long as
    it does not interfere with the primary purposes of providing long term
    protection for natural areas so they may be used for scientific and
    educational purposes. While it is anticipated that compatible uses may
    generally include activities such as low intensity recreation, fishing,
    hunting etc., it is recognized that the exclusive use of an area for scientific
    or educational purposes may provide the optimum benefit to coastal zone
    management and resource use and on occasion be necessary.

                                    9

        Some of the popular recreational activities in the river include, but
    are not limited to: shellfishing, hunting, trapping, boating, birdwatching,
    photography, etc. At the present time, these activities are limited
    because of poor and unreliable access, most of which is through private
    lands. These uses would be encouraged by increasing the number of access
    areas available to the general public.

       The advantages and disadvantages associated with the provision of
    public access will be considered, particularly the potential impacts
    upon the fish, vegetative and wildlife resources and private property
    owners. Legal constraints will need to be explored, and associated
    problems such as vehicle parking, access control methods and enforcement,
    and other administrative factors will be evaluated. The provision of
    access shall not interfere with adjacent property owners' rights, or
    affect usage of their property.

                                         I10

                                        FIGURE 3

               OBJECTIVES OF THE MULLICA RIVER ESTUARINE SANCTUARY PROGRAM

                  Goal: To Provide A Natural Laboratory For The Study
                         Of Estuarine Ecological Relationships

                                           A

                         Protect, Maintain, Enhance And Restore
                         The Overall Quality Of The Estuarine
                         Ecosystem In Perpetuity

                 B                                                          C

    Preserve And Maintain Sanctuary                          Preserve The Integrity Of The
    For Ecological And Cultural/                             Existing Estuarine Habitat
    Historical Research That Will                            Through Enhancement and
    Provide Educational Knowledge                            Restoration, Maintain Optimum
    To The General Public, And                                Populations of Migratory Birds
    Assist Local Decision Makers                             And Indigenous Flora And Fauna,
    In Dealing With Coastal                                  With Special Protection Provided
    Devel opment.                                             For Rare And Endangered Plant
                                                            And Animal Species.

                                     I1I

         Examples of incompatible uses in the estuarine sanctuary are residential
    or commercial development; mineral extraction; timber harvesting; off-road
    vehicle use; diking, dredging, drainage, or otherwise altering the natural
    system, or causing disturbances within it (e.g. loud noise or littering).
    Manipulative research involving the long term degradation or alteration
    of the natural resource will also be prohibited.  Short term manipulative
    research consistent with the research/education intent of the sanctuary
    may be allowed, but only under strict controls and with written approval
    of the Sanctuary Advisory Committee and DEP.

         Examples of activities that will be monitored and controlled include,
    but are not limited to, consumptive uses of the environment, such as the
    collection of flora and fauna, and access as described above.

        The potential exists through the goals of research and education in
    the Estuarine Sanctuary Guidelines for restoring natural ecosystem functions
    to certain parts of the sanctuary that may have been altered by past activities.
    Restoration may require positive actions in some cases; in other situations,
    removal of existing threats or conflicts may accomplish the same end.  Any
    change in the existing system, including areas previously modified, will
    only be done after scientific evaluation of the consequences to the system
    over the long term.

            a) General Management Principles

         The Estuarine Sanctuary Program is not a new State or Federal regula-
    tory program. The principal objective will be to protect and utilize the
    proposed estuarine sanctuary as a natural field laboratory for long term
    scientific and educational purposes, which, in addition to other multiple use
    benefits, will provide information and data essential to coastal management
    decision-making. The proposed management system for the estuarine sanctuary
    will be administrated by the New Jersey DEP consistent with existing Federal
    and State statutes and Estuarine Sanctuary Program purposes.

         The management responsibility, which is vested in DEP for the proposed
    sanctuary, similar to all other public lands managed by DEP, will be assigned
    to the NJDEP Assistant Commissioner for Natural Resources, who will consider
    management recommendations by the Estuarine Sanctuary Advisory Committee.
    Members will be appointed by the Commissioner of DEP. The committee will
    meet on a quarterly basis or as determined by the committee staff.

         The role of the Advisory Committee will be to:

         1. Review and act upon recommendations made by the Research and Education
             Subcommittee in the development, and implementation of a sanctuary
             management plan and the research and education programs.

         2. Assist and work with the DEP and the on-site sanctuary manager
             in the day-to-day management of the sanctuary.

         3. Develop and implement a program of sanctuary public relations with
             the general public.

                                     1 2

        4. Review and advise the Assistant Commissioner of DEP on proposed
            future revisions of the management plan and research and education
             programs.

         5. Foster scientific research and education programs within the
             sanctuary.

        6. Foster ecological understanding and appreciation of the Mullica
            River Drainage Basin resources and their proper management.

         Sanctuary management objectives will be:

          o   To gain a thorough understanding of ecological relationships within
             the estuarine environment;
          o   To make baseline ecological measurements;

          o   To serve as a natural control area in order to monitor changes and
              assess the impacts of human stresses on the ecosystem;
          o   To provide a vehicle for increasing public knowledge and awareness
              of the complex nature of estuarine systems and of their values and
              benefits to humans and nature, and the problems that confront
             them; and
          o   To encourage multiple use of the estuarine sanctuaries to the
              extent that such usage is compatible with the primary sanctuary
              purposes of research and education.
         A full-time on-site manager will be employed by, and responsible to DEP,
    and will be housed in the appropriate existing DEP field office adjacent
    to the acquisition area, or in a new on-site facility.
        The duties of the Sanctuary Manager who will have the qualifications
    of a resource manager will include, but not be limited to:
         o Serving as staff to the Sanctuary Advisory Committee;

         � Administering the sanctuary, assisting in the preparation required to
           develop State and Federal grant applications, proposals, budgets,
            and reports and maintaining necessary records;
         o Representing the Sanctuary Advisory Committee in public meetings;

         o Upon request, advising and coordinating units of government on
            particular issues, questions, or projects, and their impacts on or
            relationship to the sanctuary;
         O Coordinating all special studies and research activities within or
            related to the sanctuary, and interpreting and applying research results
            to produce benefits of a general nature;

                                    1 3
         o Implementing the research and educational programs for the sanctuary;

         o Reviewing all proposed activities within the
            sanctuary for consistency with the management objectives;
           and,
          oCoordinating all projects and taking appropriate
            action on activities that might affect the sanctuary.

         Uses that are compatible with the intent of establishing the estuarine
    sanctuary will be allowed and regulated under existing local, State and
    Federal statutes. Uses that would alter or destroy the value of the
    ecosystem will not be allowed within the sanctuary.

        Acceptable and Prohibited Uses Within The Sanctuary:

        Acceptable Uses:
         o Sport and commercial fin fish and shellfish harvesting

         o Hunting and trapping

        o Boating and navigation (motor, sail or hand powered)
         o Swimming and skin diving

          oNature study, wildlife observation and photography

          oMaintenance dredging in existing navigation channels

        Prohibited Uses:
        O Wetlands filling to create uplands

        o Wetlands or uplands dredging to create new navigation channels

        o Dumping or disposal of dredging spoils

        O Alteration of water circulation patterns

        o Any activity that could lead to significant degradation of water

           quality or biological productivity

        o Solid, liquid, or hazardous substance waste disposal of any type

        o Upland, wetland, or subaqueous sand or gravel extraction

        o Surface water outfalls or intakes

          �Timber harvesting and vegetation clearing

                                     14

           b) Research and Education Program

        The principal objective of the research program for the Estuarine
    Sanctuary will be to provide scientific information to State and Federal
    decisionmakers on estuarine ecology and physical environment necessary
    for the proper management of coastal marine and estuarine resources.  The
    second objective will be to direct research toward the estuary as an
    ecological whole. Coordination of research projects is most desirable
    and is proposed to be implemented by DEP with the assistance of a
    Research sub-committee and the Sanctuary Advisory Committee.

         Procedures for conducting research within the proposed sanctuary
    will be based upon a modification of the procedural policies adopted
    under the Natural Areas System Act (N.J.S.A. 13:1B-15.1) as N.J.A.C.
    7:2-11.6. These adopted procedures, revised to be appropriate for the
    estuarine sanctuary, follow:

         Sanctuary Management Procedures for Conducting Research

    (A) Persons permitted to enter into or upon [a natural area] the Mullica
    River Estuarine Sanctuary* for the purpose of conducting research shall be
    limited to individuals who in the opinion of the Department of Environmental
    Protection, and the Estuarine Sanctuary Advisory Committee, are qualified to
    carry through such scientific purposes and/or whose research will not cause
    detrimental effects to the biotic types found in the area.

    (B) A written proposal for research within the estuarine sanctuary (a natural area)
    shall be submitted to the Department for approval.  The proposal shall contain the
    following:

        1.  topic of project and species concerned,
        2.  methods and procedures for carrying out the project,
        3.  location of research site(s),
        4.  duration of project,
        5.  frequency of visitation, and
        6.  number of persons involved.

    (C) The permittee shall coordinate his/her project with the Sanctuary Advisory
    Committee and Manager, and no less than once a year shall report in writing on the
    status of the research to the Department.
                                                                                             4
    (D) Upon completion of a project a copy of the research results shall be submitted
    to the Advisory Committee and Department and made available to the general public.

    * Brackets note deletions from and underlines note additions to the rules
    adopted for Natural Areas at N.J.A.C. 7:2-11.6

                                     1 5

         Coordinated and Projected Topics of Research

         In order to promote coordination of scientific research within the
    proposed sanctuary and to foster better communication and coordination of
    estuarine research in other sites within the State, and in other
    coastal States, an Estuarine Sanctuary Research Subcommittee is proposed.
    The role of the Research Subcommittee will be to advise the Sanctuary
    Advisory Committee and DEP as to the desirability and potential environmental
    effects of proposed research projects. The Subcommittee is expected to
    meet at least quarterly each year, to review current projects, proposed
    research projects, and discuss environmental management informational
    needs.

        The Estuarine Sanctuary Research Subcommittee will assist the Advisory
    Committee and DEP to insure that the sanctuary is not only protected
    through it's acquisition program and policies, but that it also creates a
    natural field laboratory which will be used to gather data and make
    studies of the natural and human processes occurring within estuaries of the
    coastal zone.

        The subcommittee will be an advocate for research in the sanctuary.
    In addition, since the Estuarine Sanctuary Program does not provide
    direct funding for specific research projects, it is anticipated that
    support by the Research Subcommittee and Sanctuary Advisory Committee will
    lead to support from the public and the-private sectors.

         Creating an understanding of the coastal estuarine system of the Mullica
    River as an intergrated whole will be the prime objective of the proposed research
    program. Of particular significance to research within the proposed sanctuary
    are the following topics:

         a) oyster seed bed ecology, production and conservation

        b) migratory waterfowl ecology

        c) water quality - maintenance of high quality Pine
                             Barrens Cedar upland surface water

                          - groundwater/surface water quality and quantity
                             and its effects on the salinity regime of

                             the estuary

                           - maintenance of hard clam transplant (relay)
                             planting areas

        d) fin and shellfish nursery habitat with particular emphasis on
            white perch and blue claw crab

                                     1 6

         e) vegetative productivity

                           - estuari-ne/coastal marine detrital based food chains

                           - comparative ecology of saline, brackish
                              and freshwater tidal coastal wetlands
                             communities

         f) Estuarine nutrient cycling in low (pristine) nutrient system

                           - Natural estuarine planktonic cycles
                              in an unpolluted system
         The principal objective of the education program will be to offer
    environmental learning experience to students and instructors at grammar,
    secondary, undergraduate and graduate levels in a public area having
    resources that will be protected for this specific use.  To ass ist the
    development of a sanctuary education program, an Education Subcommittee
    will be established. The Subcommittee will assist the development of an
    education program and implementation through coordination with the
    Sanctuary Advisory Committee and DEP.

        A low keyed approach with limited activities-is proposed and appropriate
    within the sensitive vegetative resources of the wetlands. It is proposed
    that priority use of the sanctuary by educators, and student groups be
    reserved for those interested in resources found in lower salinity
    estuarine communities. More specifically, educational use should be partic-
    ularly concentrated in brackish wetlands communities, tidal freshwater
    wetlands communities, nontidal freshwater bog and forested wetlands
    communities, and the wetlands/lowland forest fringe ecotones.

        The rationale for limiting uses to these specific habitat rests on
    the trampling effects quickly apparent on marsh surfaces where pedestrian
    traffic occurs. Foot paths compact underlying unconsolidated soils,
    frequently forming standing water depressions while killing standing stems.

         However, this does not preclude the development of environmental
    learning, "hands on" etc. educational programs which will involve the natural
    resources of the sanctuary.

         Development of lower estuarine ecology education programs which could
    include the development of raised wooden walkways over the marsh surface,
    guided tours etc. are possible schemes to also enhance the sanctuary"s educa-
    tional opportunities.

         B. Alternatives Considered

             1. Site Selection

         New Jersey has approximately 260,000 acres of tidal marshes, including
    coastal saline, brackish, and freshwater tidal marshes, and in addition,
    395,000 acres of estuarine waters within the State. This is a total of
    655,000 acres of estuarine habitat throughout the State.

                                     1 7

         Unfortunately, many estuaries and their watersheds (drainage basins)
    have been adversely affected by human activities such as: wetlands filling
    and dredging for international maritime ports, waterfront housing, and
    marinas; bottom sediments contaminated from heavy metals and pesticides;
    deforestation of watersheds for urban, suburban, and agricultural land
    uses.  The Federal Estuarine Sanctuary Guidelines (1974) states, "...areas
    selected as sanctuaries will be relatively undisturbed by human activities
    at the time of acquisition.  Therefore, most of the areas selected will
    be areas with a minimum of development, industry, or habitation."  (Section
    921.3(5)(d)) Figures 3 and 4 depict distribution of developed lands and
    municipal population densities in New Jersey.

         There are a number of alternative estuarine areas in New Jersey which
    meet this criterion.  NOAA/OCZM and DEP have concluded that the Mullica
    River estuary is the most desirable choice for National Estuarine Sanctuary
    designation, because it has the following characteristics:

         1. Extensive upland watershed protection in the form of public
             open space land holdings in three state forests (Wharton,
             Bass River, Green Banks) and multi-layered state regulatory
             programs in private lands.

         2. Watershed constitutes the heart of the New Jersey Pinelands,
             an ecosystem recognized by the State and Federal governments
             as an environmental treasure.

         3. Comparatively pristine nature of upland watershed.

         4. Comparatively pristine nature of wetlands, with the singular
             exception of one very large but concentrated lagoon residential
             devel opment.

         5. Occurrence of nationally or state listed endangered wildlife
             species and plants proposed for official listings.

         6. High productivity of the system supporting a rich diversity
             and high population of fish, shellfish, and wildlife.

         7. Extensive adjacent wetlands protection in the form of national
             wildlife refuge (Brigantine) and three state fish and wildlife
             management areas (Great Bay, Swan Bay, Port Republic).

         Futhermore, the Federal Guidelines also states, "The area chosen as
    an estuarine sanctuary shall to the extent possible, include water and
    land masses constituting a natural ecological unit."  The Mullica River
    drainage basin (569 square miles) is entirely within one state and is of
    moderate size and clearly represents the heart of the New Jersey Pinelands
    ecosystem (ecological unit).

                          18

    DEVELOPED                              z-... N

    LANDS 1972

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                                                 Figure 3
           [I        K/-                       STATE OF NEW JERSEY

                                  AS
                              ,4( \eYC%
                                                     'S

                                     1 9

          N.'J. MUNICIPAL POPULATON DENSITIES 1976

                                        ..

                                .S.

             0~~~~~~~   TO 50..

            50~~ TO 20

    20 0 TO0500

       1,000 TO 5,000

       5,OOO AND OVER

                                           Calculations Made From 1976 Provisional
                                           POPUlation Estimates New Jersey Dept. of
                                           Labor and Industry, bffice of Demography
                                           and Economic Analysis.

                                     20

         In 1978 Governor Brendan Byrne of New Jersey declared the New Jersey
    Pinelands an irreplaceable environmental resource and by Executive Order
    71 implemented a building moratorium. This was followed by enactment
    of the New Jersey Pinelands Protection Law (NJSA 13.28A-1 et seq. as
    amended).  The adopted New Jersey Pinelands Comprehensive MatrPlan,
    November 1980, speaks repeatedly of the many biological, ecological, and
    physical environmental treasures of the New Jersey ecosystem, with the
    Mullica River its very heart.

         The 1978 Rutgers University study A Plan for a Pinelands National
    Preserve states, "the Pinelands of New Jersey represents a truly unique and
    relatively undeveloped land resource within the most populous section of
    the U.S." The authors also note that the low degree of development con-
    tributes to the high water quality. The study identified the following
    Habitat Specific and Ecologically Critical Areas in the proposed sanctuary
    site:
         o Wading River, upstream to the vicinity of Chips Folly campground,
            which contains the only tidal population of southern wild rice
            in New Jersey (perhaps in all of northeastern North America).
         O The west bank of the Mullica River in and around Weekstown, which
            supports an excellent swamp forest vegetation.
         o Hog Island in the upper Mullica River, which represents a unique
            transitional zone between salt water and freshwater tidal marsh
            vegetation.
        A 1976 independent study by a Rutgers University student* used the 11
    Federal criteria for estuarine sanctuaries to rank 12 distinct New Jersey
    estuarine systems meeting the broad "relatively undisturbed" criterion.
    The study concluded that the Mullica River estuary is the most suitable area
    in the state for national estuarine sanctuary designation. The finding
    was based upon comparative rankings of each potential site.

         Name and location of all estuarine areas analyzed:

          Estuarine Areas                           Location

         Mullica River/Great Bay               - Burlington, Atlantic
                                                and Ocean Counties
         Backs/Cedar Creeks                    - Cumberland County
         Nantuxent Creek                       - Cumberland County
         Hope Creek                            - Salem County
         Mad Horse/Stowe Creeks                - Salem and Cumberland Counties
         Dennis/West Creeks                    - Cape May and Cumberland Counties
         Maurice River                         - Cumberland County
         Diving Creek                          - Cumberland County
         Orandaken/Fishing Creeks              - Cumberland County
         Cohansey River and Cove               - Cumberland County
         Great Egg Harbor/Tuckahoe River       - Cape May and Atlantic Counties

     *Thomas P. Smith, Ph.D., Rutgers University, New Brunswick, New Jersey

                                    21

    Smith lists the following advantages of the Mullica River system:

        I a. comparatively little alteration

          b. upland watershed protected and wetlands protection in
              substantial public open space lands
        2 a. excellent water quality

          b. suitable for potential estuarine sanctuary designation

        3 a. highest vegetative diversity of all areas studied

          b. transitional habitats present

       4 a. greatest migratory waterfowl populations in the state

          b. occurrence of endangered species

          c. numerous colonial nesting waterbirds

        5.    abundant fin and shellfish resources

        6.    adjacent to existing research laboratories

        7.    previously researched

       8.    previous public investments in lands

       9.    due to little development, designation would not conflict
             with (low) existing uses

       10.    little socioeconomic impact predicted

         State and National programs which have previously identified all or portions
    of this drainage basin as environmentally or ecologically valuable include the
    following:

         1. The New Jersey Coastal Management Program has designated the
             portion of the watershed as a Limited Growth Area.

        2. National Parks and Recreation Act of 1978 identified the New Jersey
             Pine Barrens as being environmentally and ecologically of national
             significance and authorized federal funding of master planning for
             New Jersey Pinelands Conservation and public acquisition of additional
            l and s.

                                   22

        3. The Smithsonian Institute of Washington, D.C. Center for Natural Areas,
            Survey of Natural Areas of the Atlantic Coastal Plain (1974) (prepared
            for the U.S. Department of the Interior, National Park Service) listed
            11 specific sites and areas within the Mullica River drainage basin
            as potential national "Natural Landmarks." They are:

        Area/Site/Name                                     Priority Rating
                                                  (I   highest, 4 =lowest)

        Great Bay                                                 2
        North Brigantine Island                                   3
        The Pine Barrens I
        Atlantic Goose Pond Bogs I
        Batsto Natural Area and Forge Pond                        4
        Hampton Furnace                                          -4
        Martha Furnace                                            2
        Quaker Bridge                                             2
        Pine Plains (Dwarf or Pigmy Forests) I
        Wading River I
        Brigantine National Wildlife Refuge                       1

        4. New Jersey Green Acres and Recreation Program has (a) designated four
            areas as Natural Areas under the State National Areas System Act
            of 1976, and (b) proposed for designation the Lower Atsion branch
            of the Mullica River as a Wild and Scenic River under the State
            statute.

        5. The New Jersey Realty Improvement Sewerage and Facilities Act of 1978
            designated the entire Mullica watershed as a Critical Area, due to the
            vast pure groundwater resources within the Cohansey Aquifer.

        2. Boundaries

       Boundaries and Proposed Acquisition Areas, as defined by the Estuarine
    Sanctuary Guidelines, "may include any part or all of an estuary, adjoining
    transitional areas, and adjacent upland, constituting to the extent
    feasible a natural unit."

       Two areas, Swan Bay and the Wading River, are proposed for acquisition
    in Phase I and the remaining two areas, Mullica River and Bass River, in
    Phase II of the acquisition process. These are listed in order of priority
    bel ow.

        Under optimum conditions, the entire Mullica River drainage basin
    (watershed) would be acquired as the natural unit under the National
    Estuarine Sanctuary Program. (Due to the cost of acquisition this approach
    is not feasible). The Mullica River drainage basin, though, can be
    managed as a natural unit, and it is ecologically representative of the

                                        23

       unique New Jersey Pinelands. It can also realistically be purchased and
       maintained using available Federal and State matching funds.

            Of the three major intrastate river systems with over 500 square
       miles of drainage basin, the Mullica has the most (120,000 acres, or
       33 percent of the total land area) land already protected within public
       ownership. This provides significant upstream protection from potentially
       damaging future land developments, and therefore identifies it as a
       desirable area for a National Estuarine Sanctuary.

            The following criteria were used in the selection of sanctuary boundaries
       for the Mullica River system:

            1)  Research area should include as much diversity as possible in
                habitat type (flora and fauna communities) which interact with
                the estuarine zone. The inclusion of many habitat types allows
                for research and education activities totally within the sanctuary
                without the necessity to travel elsewhere, or obtain permission
                of landowners to conduct research and educational activities on
                their land. Also, diversity provides for contact with all
                representative trophic levels within the integrated estuarine
                ecosystem.

            2)  Research area should be a contiguous area of virtually undisturbed
                lands and waters, and boundaries should be contiguous to existing
                State forests and fish and wildlife management areas where possible
                for administrative (cooperative management) and enforcement purposes.

            3)  Research area should include an upland forested buffer adjacent
                to wetlands. Edge habitat, or "ecotone", frequently has greater
                species diversity and use by wildlife. There is also an important
                protective function realized by including a forested buffer adjacent
                to sensitive wetlands. Forested buffers widths from wetlands should
                be at least 500 feet.

            4)  Research area should include as much surface and groundwater
                drainage sources, and/or source type areas as economically feasible.
                These type areas include non-estuarine types such as freshwater
                marshes, bogs, and swamp type forest, e.g., Atlantic white-cedar,
                pitch pine lowlands, and mixed hardwoods. Water sources of the
    *           ~~~estuarine zone should be represented in order to afford protection
                of a representatively complete natural aquatic ecosystem.

            5)  Area should be accessible by land and water.

            6)  Home sites, farmlands (cranberry production bogs), and other
                developed (improved) lands should be excluded from acquisition area.

                                                                                                               24

                                                                                                                                                          z~~~~~~~~~~~~~~~~~~~~

                                                                                              Figure 5
                                                                                   Phase I Acquisition

                                                                                         Swan Bay Area

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                                                                                   SWAN BAY - HOG ISLAND ACQUISTESON

                                                                                                                         25

                           Figure6

                 Phase I Acquisition                                                                 f/%I

                Wading River Area

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                                                                                                         Figure 7

                                                                                                 Phase II Acquisition

                                                                                              Mullica River Area

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                              eCCCCC.CC~~~~~~~~~aC~~aCCCCCECCCCCCIIUO CE.CCCCCC.CCCUC C*iNLPriu~rr IINDP1
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    CCCinr 1 Arrlo CUED,  CCCIACCC, CCCr ,CCCn e CC,l   CaC aalCC  CCCCEC                        'CCd CECCEC  CCC. CeCnr  0CC.u snapl rs   orunr trnrlrn

                                                                                                 FECCiOea Diver -DreaD Day ECEDACiDD SaDDOUary FrepesaD

                                                                                            -    COADYRIC APSE BOUNDARY

                                                                                                 PINLEAIND  PRESERDVAYON AREA
                                                                                       - - -   PROPDSED ACQUISITIOR AREAS UNDER ESTUARINE SANCRTARY PROGRAM

                                                                                       sum SWAN BAY - BOO ISLAND ACQUISITON

                                                                                              27

                                                              Figure
                                                     Z11
                                                                                Phase II Acquisitio

                                                       Bas  River ?e

     CO~~~~~~nS B~~~~~~~~~~OCAST ZONE0 SCB 0,5 0dB O U    N                                                                                                                               i~yDol                 .ARY

     R~~~~~~~~~~~~~~~~~~~SAN BAY OG In nnnlhSLIB    SAND~S                                        ACUSISO
    E,~nEACSICIOOEOOIUCBSBFCO28  2)  o
               BASn~A~O I  d~ S~C AFnS 40,  I.O0-IAIWO  605 A

                                                                                    OsoE~ica  E~er-Eret  Ray ESo~arino  aRBBAAAA  Proposa
                                                                                             ~rOY;  t

                                                         Phs RORNY   O ILN A                   CQEEsitEON

                                     28

         3. Acquisition and Funding

             a. Acquisition

         An alternative to the fee simple purchase of lands for the sanctuary
    is purchase in less than fee simple. Estuarine Sanctuary Program objectives
    may be achieved by obtaining "conservation," "restriction," or "development
    rights" easements, including provisions for research access, educational
    access, and public recreational access. The New Jersey Conservation Restric-
    tion and Historic Preservation Restriction Act of 1980 empowers the New
    Jersey Department of Environmental Protection to purchase an interest in
    lands less than fee simple absolute, in order to retain "land or water
    areas predominantly in their natural, scenic, or open wooded condition,
    or for conservation of soil or wildlife, or for outdoor recreation or
    park use, or as a suitable habitat for fish or wildlife... ". Less than
    fee simple acquisition, such as easements, are preferred if they are
    cost effective and provide appropriate protection of the resource.

         Easements are a one-time purchase; with no subsequent annual payments.
    If the property were sold, the easement would encumber the land,
    unless the grantee (purchaser of the easement) unilaterally chose to
    sell the easement back to the property owner. Purchase of conservation
    easements would relieve the State of 100 percent of the municipal tax
    burden, but the State will still be required to pay taxes, on the 13
    year declining scale required for those rights purchased.

         A property appraisal , title search, and property survey would
    be necessary for either an easement or fee simple purchase prior to
    closing.

    A sample easement document appears in Appendix 6.

    Preferred Acquisition Areas - In Priority Order:

         1) Swan Bay and Hog Island - Shown in Figure 5 is the proposed
    boundary of the Swan Bay and Hog Island Phase I Acquisition Area. The
    acquisition of 2,065 acres is intended to join the existing 1,078 acres
    of Swan Bay State Fish and Wildlife Management Area into one contiguous
    land holding. The acquisition procedure requires using U.S. Department
    of Interior, Land and Water Conservation Funding in support of New Jersey
    Pinelands Acquisition and has federal Grant approval (34-00329). A full
    list of forest and wetlands communities are listed in Table 1.

      Municipality Number of Lots                Ownership of Record

                                                                        Sporting
                                  Individuals   Corporate   Municipal    Clubs

      Washington
        Township       51                33*--

      *Multiple-.lot ownership

                                     29

         2) Wading River Area - Shown in Figure 6 is the proposed boundary
    .of the Phase I Acquisition Area. The proposed area is 4,819 acres, including
    367 acres called Merrygold Estates; 3,705 acres are forested lands and
    1,114 acres are coastal wetlands. These totals exclude the two active,
    farmed cranberry bogs of 88 acres, and other outlined private dwellings
    in holdings. Within this site fifteen wetlands communities and five
    pine barrens type forests are represented. The full list of forest and
    wetlands communities are listed in Table 1.

         The municipal tax maps and ownership records of Bass River Township
    were reviewed in order to obtain the approximate number of lots and
    individual , corporate, municipal , or sporting club owners of record
    within the proposed acquisition boundary (see below). The entire proposed
    acquisition area is within Bass River Township.

      Municipality   Number of lots          Ownership of Record

                                   Individuals Corporate Municipal Sporting
                                                                        Clubs

      Bass River Twp.    214          167           33          10           4

         3) Mullica River Area - Figure 7 shows the proposed boundary of
    the Mullica River Phase II Acquisition Area. The proposed area is 5,392
    acres in total. Of this approximately 3,821 acres are forested and
    1,571 acres are coastal wetlands.

         Within this site eighteen coastal wetlands species communities, with
    many mixed species stands, are found, and the five characteristic Pinelands
    forest types are also represented. The full list of forest and wetlands
    species for the site are listed in Table 1.

         The municipal tax maps and ownership records of Galloway and Mullica
    Townships and the Cities of Egg Harbor and Port Republic were reviewed in
    order to obtain the approximate number of lots in individual, corporate,
    municipal, or sporting club ownership of record within the proposed
    acquisition boundary:

                          Vegetative Diversity of Estuarine Sanctuary Acquisition Areas
                                             East Side        West Side          So. Shoreline      East Side
                                             Wading River    (Swan Bay)          Mullica River      Bass River

    Forest types

    Pine/Oak                                        M                                  VS                M

    Oak/Pine                                        VS                                  S                VS

    Hardwood                                        L                 -L                                 M

    White Cedar                                     S                 -L                                 VS

    Pitch Pine
    lowlands                                        L                 L                 M

    Wetlands Communities

    A - Spartina alternifora (high vigor)
        (Salt marsh cord grass)                     X                 S                 VS               L

    B - Spartina alterniflora (low vigor)
        (Salt marsh cord grass)                     S                 S                VS                X

    C - Spartina patens
        (Salt meadow grass)                        L                  X                 M                X

    D - Distichlis spicata
        (Spike grass)                               S                 L                 S                X

    E - Iva frutescens
        (Hightide bush)                                                                 VS               M

    F - Juncus gerardi
        (Black grass)                                                                   VS               VS

    Fresh/Brackish Wetlands

    1   Typha angustifolia
        (Cattail)                                   S                 X                 X                VS

                                                                                                    TABLE 1

     2   Zizania aquatica
         (Wild rice)                                 VS                VS                VS

     3   Nuphar advena
         (Yellow water lily)

     4   Peltandra virginica
         (Arrow arum)                                S                 S                 M

     5   Phragmites communis
         (Common reed)                               S                 L                 M                VS

     6   Leersia oryzoides
         (Cut grass)

     7   Pontedaria cordata
         (Pickerel weed)                             VS                VS                VS

     8   Polygonum punctatum
         (Water smartweed)                                             S

     9   Hibiscus palustris
         (Marsh mallow)                              VS                VS                VS

    10   Bare ground                                                   -        -                 -

    11   Echinochloa walteri
         (Water miller)

    12   Spartina cynosuroides
         (Salt reed grass)                           M                 X                 X                S

    13   Scirpus americanus
         (American three square)                     S                 VS                VS

    14   Panicum virgatum
         (Switch grass)                              VS                S

    15   Scirpus olneyi
         (Olney's bulrush)                           L                 X                 X                L

    16   Bidens laevis
         (Bur marigold)

    17   Carex spp.
         (S-edge) F                                                    S                 VS

    18   Acorus dalamus
         (Sweetflag)                                 VS                VS                VS

    19   Impatiens biflora
         (Jewelweed, Touch-me-not)                   -

    20   Polygonum arifolium
         (Tearthumb)                                 -

    21   Eleocharis spp
         (Spike-rush)                                -                 VS

    22   Juncus spp.
         (Rush)  S

    23   Rosa spp.
         (Rose)                                                                          VS

    VS = Very small
            vs~ =  Very small           The listing of species and wetland types comes from N.J.
            ~~~S = SmallDepartment of Environmental Protection Wetlands Maps (1971).
            ~S  =  Small  ~Wetlands species occurrence were estimated from totals derived
            ~L   =~Large  ~by counting the number of times each specie appeared listed
                                  within the alternative acquisition sites.  From these totals a
                                  scale (based on area size comparisions visually estimated) was
            X  =  Extensive        devised in order to rank the vegetative diversity within, and
                                  in relation to, each of the acquisition areas.
    M = Moderate
                                       Forest type occurrences were estimated in a similar manner
                                  with the size classification being a comparison of forest sizes,
                                  between each proposed acquisition area, in relation to each of
                                  the other acquisition areas. The information on forest types is
                                  based on McCormick and Jones (1973). The Pine Barrens Vegetation
                                  Geography and New Jersey Pinelands Commission Vegetation Maps
                                  (1980).

                                     33

                                                                          Sporting
      Muni ci pal ity    No. of lots   Individuals    Corporate    Municipal    Clubs

      City of Port         21              17              4              --

      Galloway Twp.       207             148             33              26-

      City of Egg        1700****
     Harbor

      Mullica Twp.         28              27              1               --
     *  There are 1,700 separate tax items (lots) listed for lands of City of
     Egg Harbor within the proposed Acquisition Area. Due to the large number
     these were not categorized by ownership.

        Also, the City of Egg Harbor has assigned tax sale certificates for many
    properties within the municipality to the State of New Jersey, at no cost,
    due to nonpayment of property taxes by owners. This was done on a large
    scale, and covers virtually all properties within the proposed acquisition
    area. The State of New Jersey presently has a partial interest in those
    properti es.

        4) Bass River Area - Shown in Figure 8 is the proposed boundary of
    the 5,472 acre Phase II Acquisition Area. Approximately 1,782 acres are
    forested uplands and 3,690 acres are coastal wetlands. Within this area are
    found ten coastal wetlands species communities, with many mixed-species associations,
    and four forest types characteristic of New Jersey Pinelands. The full list of
    forest and wetlands species for the area is in Table 1.

        The municipal tax maps and ownership records of Bass River and Little
    Egg Harbor Townships were reviewed in order to obtain the approximate number
    of lots in individual, corporate, municipal, or sporting club ownership of
    record within the proposed acquisition boundary:

      Municipality    No. of lots  Individual_ Corporate  Municipal  Sporting Clubs

      Bass River Twp.      194           161        27           6

      Little Egg
     Harbor Twp.           11             2         8           1

                                     34

         Estimated costs for fee simple acquisition of the four areas proposed:

                                            Estimated
                Area           Size/Acres       Cost        Acquisition

              Swan Bay           2,065     $  490,000         Phase I
              Wading River       4,819       1,808,879         Phase I
              Mullica River      5,392      2,327,020          Phase II
              Bass River         5,472      1,082,948          Phase II

                    Totals     17,748      $5,708,847

         b. Funding Resources

         The following alternative acquisition funding sources have been considered.
    At the present time, none of these sources could provide the necessary funding for
    acquisition of the proposed sanctuary areas except in the Swan Bay area
    as noted below.

         - The National Parks and Recreation Act of 1978 authorized $23 million
    for acquisition of critical lands within the New Jersey Pinelands National
    Ecological Reserve. Of that total, $11.2 million has been appropriated and
    $8.9 allocated by the U.S. Department of the Interior for acquisitions.
    $8.9 million has been obligated to other acquisition projects. This
    funding program is on a 75 percent Federal and 25 percent State matching
    basis and is not limited to estuarine lands.

         - The National Land and Water Conservation Act of 1965 (P.L. 88-578)
    is currently being utilized in the purchase of the Swan Bay Area. The
    50 percent Federal matching funds have been authorized, but not yet awarded;
    however, no other funds are scheduled in the near term as an alternate
    acquisition funding source for the proposed estuarine sanctuary.

         - The Pittman-Robertson Act (P.L. 75-415) provides dedicated Federal
    funds derived through excise tax on hunting equipment sales and based on
    the number of hunting licenses purchased in each state. This 50 percent
    Federal wildlife lands acquisition program has been used in the purchase
    of the State Great Bay Fish and Wildlife Management Area. The present
    New Jersey allocation is obligated and is not of sufficient magnitude
    to implement the proposed estuarine sanctuary program.

         - The Dingell-Johnson Act (P.L. 81-681) provides dedicated Federal
    funding derived from excise tax on fishing tackle and is based on the
    sale of fishing licenses. This funding program is used for the acquisition
    of habitats important to fishery resources, and has been used in the
    purchase of the Great Bay Fish and Wildlife Management Area. This is
    an ongoing program which could be used to assist in the purchase of
    estuarine lands, but the present limited New Jersey allocation is
    obligated to fishery management programs.

                                     35

         - The National Endangered Species Act (P.L. 93-205) has been used
    in New Jersey for the purchase of the Highbee Beach-Pond Creek area
    in Cape May County. At present, no Federal funding is scheduled for
    areas within the proposed sanctuary boundaries.

         - A non-public agency alternative acquisition funding source would
    be the direct purchasing of lands followed by donation, by environmental
    organizations, charitable organizations, or the property owners. If
    these lands were donated to the State, they could serve as part of the
    necessary 50 percent State matching share. Although interest has been
    expressed by some environmental conservation organizations, no purchase
    actions to date have solidified.

         4. Alternative Management Plans

         A management alternative considered, but rejected, was for the State
    to acquire the proposed estuarine sanctuary area through National Estuarine
    Sanctuary Program funding and then separate out forested areas and wetlands for
    administration under existing State programs without the appointment of a
    Sanctuary Advisory Committee or Sanctuary manager. Forest lands would be added
    to existing State forests managed by DEP's Division of Parks, Forestry
    and Green Acres under the provisions of N.J.S.A 13:8-20 et seq., acquisition
    of forested areas. Wetlands would be managed as a State-Ti--F-and Wildlife
    Management Area by DEP's Division of Fish, Game and Wildlife under authority
    of N.J.S.A. 23:1-1 et seq., which identifies administration of State Fish and
    Wildlife Management Tr-6as.

         This proposed management structure would offer protection to the
    affected areas similar to that intended by the National Estuarine Sanctuary
    Program; however, the Congressional intent for research and education in
    estuarine sanctuaries would not be explicit. Baseline measurement of
    the estuarine ecology by scientists and students over a period of time
    is not a specific goal of this management option. In addition, this
    option does not provide for a Sanctuary Advisory Committee and the resulting
    public involvement, would not include provisions for a Sanctuary Manager,
    and in general does not recognize the estuarine sanctuary as an estuarine
    system to be used for research and education purposes--a requirement of
    the National Estuarine Sanctuaries Program regulations.

         5.   No Action Alternative

         Under this alternative, lands adjacent to the Mullica River would not be
    acquired as an estuarine sanctaury. This alternative would leave the future
    of the Mullica River Area to be determined by private land owners, municipal
    planning programs and zoning ordinances,. DEP and the New Jersey Pinelands
    Commission acting within existing legislation.

         DEP administers the following laws which will directly affect land use
     in the proposed sanctuary area:

                                     36

         The Wetlands Act of 1970 (N.J.S.A. 13:9A et seq.)
         Coastal Area Facility Review Act (CAFRA) of 1973 (N.J.S.A. 13:19-1 et seq.)
        Waterfront Development Law of 1914 (N.J.S.A. 12:5-3)

         The substantive guidelines for the above laws are articulated in the
    Coastal Resource and Development Policies  (N.J.A.C. 7:7E as amended).
    Under the laws and the Coastal Policies for these laws, DEP will allow
    virtually no development in delineated wetlands, and no major development
    elsewhere in the sanctuary area.  Housing developments of 2 units or less,
    and County Mosquito Commission activities,are not regulated under CAFRA, and
    timber harvesting and wetland agriculture are not regulated under The Wetlands
    Act, however, and therefore are not regulated by DEP.

         The New Jersey Pinelands Protection Act of 1979 (N.J.S.A. 13:18A-1 et
    seq.) delineates a Pinelands Protection Area in which the Wading River, Swan
    Bay and Mullica River lie.  The adopted Pinelands Comprehensive Management Plan
    would generally prohibit development within 300 feet of coastal and
    freshwater wetlands. The Bass River area is not covered by this act.
    While Mosquito Commission activities are regulated under this law, timber
    harvesting is not.

        Although, the present State and Federal regulatory structure
    on wetlands is quite comprehensive and oriented toward ecological conservation.
    The State regulatory laws could change.  Even if the enabling Coastal and
    Pinelands legislation were never repealed or amended, development upland of
    the wetlands not regulated by the State could adversely impact the sanctuary area.

         Also, State regulatory programs cannot mandate public access to the area
    for educational, research, and/or recreational purposes since the lands
    are privately owned. While researchers have noted very good cooperation
    with current landowners for research uses, certain owners have quite
    explicitly been opposed to public recreational uses on their properties.
    Long-term research projects could be stopped by a change in property
    ownership or attitude of the same owner.

         The only fail-safe mechanism to assure the permanent protection of
    this area, and its use for public research and education program is through
    direct public ownership and management.

                                     37

                    PART III: ENVIRONMENTAL CONSEQUENCES

    A.   ENVIRONMENTAL IMPACTS OF THE PROPOSED ACTION

         Approval of this proposal by NOAA/OCZM would enable the State of
    New Jersey to purchase estuarine lands and wetlands and a sufficient upland
    buffer area in perpetuity to establish a National Estuarine Sanctuary
    representative of the Virginian Biogeographic Region. Combined with the
    other protected lands owned by the State, this proposed designation
    would have a variety of environmental and economic impacts.

         Creation of the estuarine sanctuary will support a long-term learning
    process for research and education regarding estuarine systems and dynamics,
    which could he applied to other Virginian type estuaries as well. The
    sanctuary would permanently protect natural resources and assure public
    access for long-term public usage.

         This will be a positive environmental impact. Such use will have
    little, if any, detrimental effects upon the environment, and will be of
    vital importance to the progressive development and implementation of
    rational coastal zone management to the local, regional and State levels.

         Establishment of the sanctuary will also help to assure permanent
    protection and public access to a very productive, relatively undisturbed
    estuarine area. Land acquisition will enhance preservation of water
    quality as well as marshes, wetlands, and a portion of the adjacent
    upl ands.

         The proposed sanctuary will permanently prevent irreversible damage
    to the environment that could cause the loss of wildlife, vegetation,
    fish, and other marine life.

         Sanctuary designation does not preclude all human activities within
    the sanctuary boundaries, but it would prevent those uses that cause
    significant degradation of the system, either through incremental or
    large scale destruction. The scientific research and educational
    benefits realized through use of the sanctuary will assist in this
    control and will provide for the enhancement of the economic and environ-
    mental resources of this and other State estuaries.

         1. Local Impacts on Atlantic, Burlington, and Ocean Counties

         The proposed sanctuary will be located in a sparsely developed area.
    The sanctuary will realize the long term non-quantitative benefit by
    protecting and enhancing a desired objective; retention of the natural
    environment. Land acquisition for the proposed sanctuary will have
    several identifiable long-range effects, the net public impact which is
    assumed to be positive.

                                     38

         There will, however, be a loss of property tax revenues each year
    due to removal of taxable land from the municipalities' tax rolls.
    This loss is estimated to be low because of the high percentage of undeveloped
    lands, and the loss will be partially compensated by revenues which may be
    attributable partially to the operation of the sanctuary.

         In addition, new money will be injected into each county's economy as
    a result of land purchases from present owners residing in the county where
    purchases are made. No permanent residents will be displaced by the
    purchase of sanctuary land. In the long run the overall negative impact
    of purchasing sanctuary land will be minimal, since a majority of the
    lands are generally unsuitable for residential development or commercial
    use.

         Municipal Property Tax Loss (Part III A.2.d.) estimates the impact of
    the proposed action on each municipality.

         The net impact of the proposed sanctuary on renewable and non-renewable
    resources, is expected to be positive and beneficial to county residents
    and the general public. The economic benefits associated with the enhancement
    and maintenance of valuable fish, shellfish and wildlife resources are
    expected to far outweigh the negative impacts resulting from the loss of
    diversion of water rights, and prohibition on future timber harvesting
    and sand and gravel extraction within the sanctuary boundary.

        The sanctuary will provide a very small, though long term, stimulus to
    local employment. The existence of the sanctuary is expected to provide
    continued employment through its management and maintenance personnel
    requirements. In addition, the local service industry is projected to
    increase slightly once the sanctuary is established, operating, and
    publicized locally, regionally, and Statewide.

         Activities associated with the sanctuary will have a positive impact
    on the local economy. The research and education facilities already
    within the region include DEP's Nacote Creek Research Station, Brigantine
    National Wildlife Refuge, Rutgers University Marine Field Station, Little Egg
    Harbor, Stockton State College, and numerous public primary and secondary
    schools. These will continue to provide educational opportunities and
    benefits to professionals, students, the interested public, and future
    generations. Research and educational projects will provide a small but
    long term stimulus to the local economy. Additional State, Federal, and
    private sector funding for research activities could be available'once
    this area is permanently set aside for its stated purposes.

         2. Regional Impacts on the Mullica River Drainage Basin

         The proposed sanctuary will place additional estuarine lands within
    the public domain, thus protecting downstream coastal marine resources
    which require these types of lands and waters as critical breeding,
    nursery feeding, and wintering areas. Protection of primary vegetative
    productivity areas which are the basis of estuarine and marine food
    chains will preserve the natural resource base of fin and shell fisheries.

                                     39

         3. State and Federal Impacts

         Acquisition and management of the sanctuary will have a relatively
    minor short-term impact on the Federal government. The State of Mew
    Jersey., however, will need to allocate Green Acres funds, which are
    authorized and available for acquisition of real property for public
    use purposes.  In addition, the State will be responsible for funding
    the long-term operation of the sanctuary alone when 50 percent Federal
    operation/management grants expire after the first 5 years. These
    expenditures are expected to be offset by two nonquantifiable benefits:
    (1) improved scientific and technical knowledge to be applied toward
    producing workable management practices concerning the protection and
    utilization of estuarine resources here and in other estuarine and coastal
    zone areas throughout the State; and (2) coordination with the Pinelands
    National Reserve, under Federal Legislation, and New Jersey Pinelands
    Area, under State legislation, to establish a unique estuarine sanctuary.

         4. Natural Environment

             a. Fish, Wildlife, and Vegetative Habitat

         Fin fish, shellfish, wildlife, and vegetation depend upon a
    biological system that provides feeding, nesting, and nursery areas for
    many species, both migratory and resident.

         The sanctuary will have a positive impact by preserving the highest
    quality ecosystems remaining in the New Jersey coastal zone.  Potential
    and negative impacts on the sanctuary natural resources, caused by
    increased visitor use, will be controlled by careful management.

             b. Air Quality

         The proposed sanctuary area currently has relatively good air quality.
    The establishment of an estuarine sanctuary will have a positive impact
    by excluding development in the proposed sanctuary, although the area
    proposed for the sanctuary contains little land that could be developed,
    even under present regulations.  There would not be a negative impact
    from the proposed sanctuary upon air quality standards outside the proposed
    boundaries.

             c. Water Quality

         The estuarine sanctuary will have a positive impact upon water
    quality since pollution will not occur on lands acquired for the proposed
    sanctuary.  The sanctuary will also assist local and State agencies with
    developing water quality data collecting programs needed for effective
    deci sionmaki ng.

                                     40

             d. Mineral Reserves/Archaeological Sites

         Protection of the area will mean that mineral reserves in the area
    will not be fully utilized. Currently, however, the known resources of
    commercial quantity sand and gravel within the proposed sanctuary are not
    actively mined. Historic Indian "middens" and other historical sites
    will not be subject to development pressures and will be protected for
    future study.

             e. Agricultural Lands

         Establishment of an estuarine sanctuary will not result in the loss
    of any agricultural lands. Small agricultural lands adjacent to the
    sanctuary will provide a functional buffer from human activities and
    disturbances. However, the proposed sanctuary will not impose any land
    use or water quality requirements upon agricultural uses outside the
    proposed sanctuary boundaries.

         5. Human Environment

             a. Residential/Industrial /Commercial

         The owners of land within the proposed boundaries will be affected
    by the acquisition of their property. All acquisition will be performed
    in accordance with the Uniform Relocation Assistance and Real Property
    Acquisition Policies Act of 1970 (P.L. 91-646), which guarantees fair
    negotiations with property owners, including compensation for relocation
    expenses if residences or businesses are acquired. NOAA and the State
    are cognizant of the fact that certain property owners may have "roots"
    and be in accord with the environment of their land. All reasonable
    attempts will be made by the State to ensure that acquisition is as
    nondisruptive as possible to the property owner. Wherever possible,
    easement purchase, lease back program, life estate, etc. will be used to
    control sanctuary land and water areas for sanctuary purposes.

             b. Public Use

         Currently, public use of the system consists of fin and shellfishing,
    photography, boating, biological studies, nature study/birdwatching,
    clamming, and waterfowl hunting. These uses are compatible with the
    estuarine sanctuary and, with the exception of hunting, can be expected
    to increase in the future, thus providing positive public benefits.
    Hunting is not precluded by estuarine sanctuary designation, though it
    could be controlled in certain areas, such as those that contain nesting
    or loafing areas for rare or endangered species, or in ongoing research
    sites.

         The sanctuary would also have a positive impact upon public use
    activities by providing needed public lands and managed access sites for
    usage, thereby reducing trespassing on private property.

                                     41

             c. Scientific and Educational Use/Economic Factors

         The additional access sites and public lands will also have positive
    impacts upon the educational and scientific uses of the area. At the
    present time, the State University and one State marine laboratory use
    the area for educational and research work. Usage will modestly increase
    as a result of the publicly owned and managed estuarine sanctuary.

         An unquantified economic factor attributable to the area is the
    value of research and education to the local economy. For example, the
    additional students who would attend the colleges and universities, should
    an estuarine sanctuary be designated, will require lodging and general
    support facilities from regional merchants. If a multiplier effect of
    3.0 is estimated (O'Connor and Sharna, 1976) for the value of educational
    services, the impact is substantial. For example, if 20 additional students
    attend Rutgers Marine Field Station and spend $5,000/year each, this
    would mean an additional $300,000 spent within the regional economy.

         The same type of analysis would also apply to the operation and
    management of the estuarine sanctuary. The State has the option of
    applying for $50,000 per year for a five-year period from OCZM/NOAA,
    matched by $50,000 each year from the State, to be used for operation and
    management of the estuarine sanctuary. This yearly management budget of
    $100,000, through the multiplier effect, can be estimated to provide up
    to $300,000 in additional income into the local economy.

             d. Municipal Property Tax Loss

         Establishment of the sanctuary will create a negative impact on
    municipal property tax base because of State acquisition of lands. An
    estimated or actual municipal tax impact appears, as noted, for each
    municipality in this section (See Table 2).

         The boundaries of the proposed acquisition areas boundaries appearing
    in Figures 5, 6, 7, and 8 were planimetered on USGS 7.5' Topographic
    Quandrangle Sheets, at a scale of 1:24,000, twice, and the average was
    taken. These means were multiplied by the standard conversion factor of
    91.83 to yield acreage. Each municipality land area was divided into
    wetlands and forested land following USGS colored boundaries. Indentations
    of tidal creeks, intramarsh "potholes," mosquito ditches, and other
    intramarsh surface water features were not planimetered.

         It has been the experience of DEP that the saline coastal wetlands
    contain approximately 20 percent salt marsh cordgrass Spartina alterniflora
    (Type A) tall form (or high vigor) which is generally a characteristic
    indication of twice daily tidal flooding. Lands now or formerly flowed
    by the mean high tide are tidelands (riparian) and are owned by the State
    of New Jersey and held in the public trust. Therefore, all planimeter
    acreages of all wetlands types were multiplied by a factor of .20 and
    that fraction subtracted from the total planimetered wetlands acreage
    measurement. This was done to provide a reasonable estimate of privately
    owned wetlands in the absence of adopted claims maps delineating the
    extent of State-owned tidelands. NJ DEP is in the process of delineating
    the State-owned riparian lands.

                                                          42

                                                        TABLE 2
                                                 MUNICIPAL TAX LOSS

                                          Wading
                              Swan Bay      River                              Mullica River                                   Bass River
                                                         City of
                             Washington    Bass River         Port        Galloway    City of           Muilica          Bass River    Little Egg
                              Township      Township          Republic  Township    Egg Harbor   Township                Township        Harbor Twp.

    Acres of Proposed               2,065           4,819                            3,821 Total                                      5,472 Total
    Acquisition Area
    Total Municipal                68,480          50,560          5,210       59,072          7,168        34,560             50,560          31,065
    Land Area in Acres
    Acres of Proposed               2,065           4,819            389        2,266          1,924            813             3,671           1,801
    Acquisition Area
    Within Municipality
    %-age of Proposed               3.2%            9.5%             7.5%         3.8%         26.8%            2.4%           7.3%             5.8%
    Acquisition Area to
    Total Municipal Area
    Area Includes:
      Wetlands (AC)                1,900           1,114             185          841            545           --               2,095           1,595
      Assessed Value                  *          $55,655              *      $90,920       $270,363                         $104,622         $55,391
      Forested Lands (AC)           165            3,705             204        1,425         1,379            813              1,576             206
      Assessed Value                  *      $1,651,022               *     $868,053       $840,031            *            $702,297        $110,232
    Total Assessed Value    $252,807    $1,706,677                $59,600  $958,973   $1,110,395           $92,600           $806,963        $165,624
    of Lands in Proposed
    Acquisition Areas
    1980 Municipal  Tax            $35.90        $32.00           $43.30       $31.70       $29.30         $37.70               $32.00        $41.00
    Rate per $1,000
    Assessed Value
    Potential  Property Tax    $7,042            $54,612           $2,555    $30,399         $32,534        $3,491            $25,822          $6,790
    Loss to Municipality

      * Due to limited number of lots within the proposed boundaries, Total
      Assessed Value of lands within the proposed acquisition area in the
      municipality was not calculated. Rather, listed assessed values appearing
      in the Real Estate Atlas of Atlantic County, Thirteenth Edition (1980) by
      Real Estate Data, Inc. were totaled directly. Since improved lands are
      located outside the proposed sanctuary boundaries, all improved lands
      listed were omitted from this total.

                                     43

         e. Mitigation of Municipal Property Tax Losses

         The New Jersey Green Acres and Recreation Opportunities Bond Act of
    1974 (N.J.S.A. 13:8A-1 et seq.) provides the State of New Jersey shall
    pay annually to each municipality property taxes for a period of 13 years
    following such acquisition on a declining scale as listed below:

                                       Percentage of Taxes
                      Year                Paid By State

                       1                        100
                       2                         92
                       3                         84
                       4                         76
                       5                         68
                       6                         60
                       7                         52
                       8                         44
                       9                         36
                      10                         28
                      11                         20
                      12                         12
                      13                          4
                      14                          0

         In conclusion, the proposed action will result in the loss of local
    property tax income to the affected municipality(ies), however, this
    effect will not be immediate, due to the above referenced act which will
    provide a thirteen-year period for adjustment to this loss of revenues.

    B. UNAVOIDABLE ADVERSE ENVIRONMENTALOR SOCIOECONOMIC EFFECTS

        There are no unavoidable adverse environmental effects from the proposed
    sanctuary designation.

        Unavoidable socioeconomic effects would include the potential loss to
    municipalities of tax revenues (up to $61,656 under Phase I and an additional
    maximum loss of $101,346 under Phase II) through public acquisition and
    lost opportunities for agricultural, residential, or commercial development.

    C.   RELATIONSHIP BETWEEN LOCAL SHORT TERM USES OF THE ENVIRONMENT
         AND THE MAINTENAI�E AND ENHANCEMENT OF LONG TERM-PODUCTITTY

         While designation of the proposed estuarine sanctuary will restrict
    local short term uses of the environment, it will also provide long term
    assurance that natural resources and benefits of the area will be avail-
    able for future use and enjoyment. Without this additional control, the
    conflicts between estuarine users could be expected to increase in intensity
    if implementation or enforcement of current State Coastal Management and
    Pineland Management laws, programs, and policies are inadequately
    funded or monitored to accomplish proper environmental conservation.

                                     44

         Establishment of this proposed sanctuary would also preserve habitat
    for those species officially classified by the Department of the Interior
    and the National Oceanic and Atmospheric Administration as endangered,
    i.e., Bald Eagle (Halia Betus Leucocephalus), Peregrine Falcon (Falco
    Peregrinus). For complete lists of State-~designated endangered species,
    refer to Appendix 4.

         Establishment of an estuarine sanctuary at this location will
    provide additional protection and coordination with adjacent wildlife
    refuges, State forests, municipal protected lands, and the public open
    space of Brigantine National Wildlife Refuge, Penn State Forest, Wharton
    State Forest, Bass River State Forest, and Absecon, Great Bay, Port
    Republic, and Swan Bay Fish and Wildlife Management Areas.

         The proposed estuarine sanctuary and the other public lands would
    be an assurance of permanent conservation and preservation of the estuary
    and could enhance values and benefits associated with the open space.

         Research information derived from the estuarine sanctuary over
    the long term will provide a basis for public education and use of
    estuarine resources; knowledge which can be applied to establishing and
    managing sanctuary areas other than the Mullica River estuary.

         A positive economic impact of sanctuary designation is the potential
    for coordinated long-tern systematic research activities. Potentially
    beneficial or desirable economic impacts include the long term economic
    impact of preserving aesthetic and scientific values of the Mul lica
    River drainage basin and Federal matching funds for management of the
    estuarine sanctuary.

         In addition, the local research and education facilities including
    DEP's Nacote Creek Research Station, Brigantine National Wildlife Refuge,
    Rutgers University Marine Field Station, Stockton State College, Center
    for Environmental Studies and Atlantic County College would be encouraged
    to apply for various field research grants or public education grants,
    which could increase research and educational use of the area.

         The proposed sanctuary will increase the public control of this natural
    estuarine system, thus directly contributing to the long term maintenance
    of this environment and its economic benefits. In addition, the estuary
    will serve as a refuge for part of the living resources of the Virginia~n
    province requiring this type of habitat for survival.  (See Part IV,
    Affected Environment.)

         Furthermore, since a significant portion of economic activities in
    these counties is a direct product of the estuarine environment (e.g.,
    fishing and shellfishing, recreational and commercial, boating, sailing,
    marinas and boat sales and services, and waterfront housing services)
    the sanctuary will help ensure the maintenance and enhancement of long
    term economic benefits, as well as ecological productivity.

                                     45

         It is important to point out that some of the potentially negative
    impacts are mutually exclusive. For example, mineral extraction and
    commercial clamming could not occur at the same time, for one use would
    preclude the other as effectively as sanctuary designation would. For
    this reason, the negative impacts are not additive.  In contrast, the
    positive impacts are compatible and not mutually exclusive, and would all
    accrue if the sanctuary were designated.

    D.   IRREVERSIBLE OR IRRETRIEVABLE COMMITMENTS OF RESOURCES
         Sanctuary designation is intended to irreversibly commit estuarine
    resources in the sanctuary to the purposes of preservation and scientific
    study.  The biological resources would be available for alternative
    use by such activities as commercial fishing, shellfishing, or silvaculture
    if these do not interfere with sanctuary goals.  Similarly, development
    of other non-biological resources which would interfere with sanctuary
    goals, such as the mining of mineral deposits, would be prohibited and
    any such resources can be considered irreversibly committed.

    E.   POSSIBLE CONFLICTS BETWEEN THE PROPOSED ACTION AND THE OBJECTIVES
         OF FEDERAL REGULATIONS, STATE AND LOCAL LAND USE PLANS, POLICIES,
         AND CONTROL FOR THE AREA CONCERNED.

         There are a number of State and Federal Environmental management programs
    which incorporate a portion of the Mullica River drainage basin's privately
    owned lands.  All of the regulations and/or policies identified herein are
    consistent with the proposed establishment and committed use of the Mullica
    River Sanctuary.

         The Coastal Area Facility Review Act (CAFRA), the Wetlands Act and the
    Waterfront Development Permit Law are the main regulatory tools for implemen-~
    tation of the now Federally-approved New Jersey Coastal Management Program
    (NJCMP, August 1980) which fully articulates State policies for coastal permit
    decisions.

         The NJCMP has established a series of Rules on Coastal Resource and
    Development Policies (N.J.A.C. 7:7E-1.1) which describe performance standards
    to which proposed developments must comply.  Location Use and Resource
    Policies have been adopted and are used within the coastal permit decisionmaking
    process. The NJCMP, DEP has designated the northwestern portion of the
    coastal area within Bass River Township (Mullica River's northern shoreline)
    as a Limited Growth Area where "...the concern is conservation of the
    natural environment. The spread of development must, therefore, he highly
    restricted."

         In addition, crude oil pipelines are prohibited within the central Pine
    Barrens region defined as a "critical area" for sewerage purposes under
    N.J.A.C. 7:9-10.1(b).  Natural gas pipelines are also discouraged in the area.

                                    46

    1.  State Programs and Enabling Legislation

         a. New Jersey Wetlands Act of 1970 (N.J.S.A. 13:9A-1 and N.J.A.C.
             7:7A-1.1 et seq.)

        This law established a regulatory program for uses of coastal wetlands,
    defined as "low land subject to tidal action. . . upon which may grow or
    is capable of growing some" of the 19 named salt, brackish and freshwater
    wetlands plant species. The law is administered by DEP's Division of Coastal
    Resources.                               .

        This law resulted in a drastic reduction in the previous rate of wetlands
    destruction. Production of 914 wetlands maps delineating State regulated
    wetlands and regulated uses include: draining; dredging; excavation of soil,
    mud, sand and gravel; dumping; erection of structures; and similar activities.
    Activities not covered include commercial production of salt hay or other
    agricultural crops, and activities conducted by the counties' Mosquito Control
    Commissions and the Tidelands Resource Council (a State decision-making body
    for riparian grants, leases and licenses).

        Tidal wetlands were formerly being destroyed at an average rate of
    1,500 acres per year. Since implementation of this law, an average of
    only 55 acres have been lost each year, and only for clearly water-dependent
    uses. In 1979 and 1980 development was permitted on less than one acre of
    regulated wetl ands.

         b. Coastal Area Facility Review Act of 1973 (CAFRA) (N.J.S.A. 13:19-1,
            N.J.A.C. 7:7D-2.0 and 2.6(a)(4))

        This law established a State planning and regulatory program for major
    facilities within a specifically defined coastal area. Facilities are
    defined as housing developments of 25 units or greater, most industrial
    operations, utilities, public infrastructure, etc. No regulated facility
    can be constructed in the coastal area prior to receipt of a CAFRA permit,
    with mandatory EIS submission, DEP review, and public hearing.

         c. Waterfront Development Law_(_N.J.S.A. 12:5-3, NJAC 7:7.2.1 et seq.)

         The Waterfront Development Law authorizes DEP to regulate the construction
    or alteration of docks, wharves, piers, bulkheads, bridges, pipelines, cables
    or other "similar or dissimilar development" on or adjacent to navigable
    waterways and streams throughout the State. In the coastal area defined by
    CAFRA which includes the area in and near the proposed sanctuary, the law
    applies to development proposed only in water areas.

         d. Tidelands Management

         In New Jersey, "tide-flowed" or riparian lands are owned by the State of
    New Jersey, except where already conveyed. These are lands now or formerly
    flowed by the mean high tide, including filled lands. The State owns the

                                     47

    lands as trustee for the public, and must administer their use in the public
    interest.  The State exercises control over the tidelands in two ways; through
    its proprietary role as owner, a-nd through its regulatory role under the
    Waterfront Development Law.

         The State's ownership interest extends to the mean high water mark, which
    is determined on the basis of a theoretical 18.6 year tide.

         The State's ownership role is exercised through the Tidelands Resource
    Council, which may grant, lease, or license the use of State-owned tidelands
    provided such action is in the public interest. Persons seeking to purchase,
    lease or otherwise use these lands must first obtain the Council's approval.
    A great deal of the State's tidelands were sold (granted) in the nineteenth
    and early twentieth centuries, but it is the present practice of the Council
    to only issue licenses for use of the land, and not to convey them outright.

         The Council, which is composed of twelve citizens appointed by the
    Governor with the advice and consent of the New Jersey State Senate, has
    broad discretion concerning applications for tidelands conveyances. The
    Council may make any decision it believes to be in the public interest.

         In keeping with traditional riparian law, the owners of land immediately
    upland have the first right to purchase or use tidelands. But before any
    person may make use of tidelands, the Council requires that they obtain a
    Waterfront Development Permit. Since the permit may only be granted if the
    activity is consistent with the Coastal Resource and Development Policies
    this requirement ensures that the use of tidelands will conform with those
    pol ici es.

         e. New Jersey Pinelands Protection Act of 1979 (NJPPA)(P.L. 1979, CH. III;
              N.J.S.A. 13:8A-1 et seq.)

         The Pinelands Protection Act established a framework for the comprehensive
    planning and regulation of development in the approximately 1,000,000
    acres of fragile, highly valued pinelands that reach across central and
    southern New Jersey.

         The proposed estuarine sanctuary is located within this area. The
    Act is intended to accomplish the purposes of the National Parks and Recreation
    Act of 1978 (P.L. 95-625), which authorized Federal support for Pinelands
    protection through planning and land acquisition. The Federal Act directs
    the Department of the Interior to provide up to $3 million in planning
    assistance if requested by the Governor, and up to $26 million in implementation
    funds following submission of an acceptable master plan. This plan was
    approved by the U.S. Secretary of Interior in January 1981. Both the
    planning process and a moratorium on State permit approvals and financial
    assistance were initiated by a Governor's Executive Order (No. 71)
    in March, 1979. The Pinelands Protection Act was subsequently passed and
    signed into law on June 28, 1979.

                                     48

         The Act establishes the following policy goals for the Pinelands:

         1. For the entire pinelands area, to protect, preserve and enhance
    the significant values of the resources thereof in a manner which is
    consistent with the purposes and provisions of this act and the Federal
    Act.

         2. For the protection area:

             (a) Preserve and maintain the essential character of the existing
    pinelands environment, including the plant and animal species indigenous
    thereto and the habitat therefore;

             (b) Protect and maintain the quality of surface and ground waters;

             (c) Promote the continuation and expansion of agricultural and
    horticul tural uses;

             (d) Discourage piecemeal and scattered development; and

             (e) Encourage appropriate patterns of compatible residential,
    commercial and industrial development, in or adjacent to areas already
    utilized for such purposes, in order to accommodate regional growth influences
    in an orderly way while protecting the pinelands environment from the
    individual and cumulative adverse impacts thereof.

         3. For the preservation area to:

            (a) Preserve an extensive and contiguous area of land in its natural
    state, thereby insuring the continuation of a pinelands environment which
    contains the unique and significant ecological and other resources
    representative of the pinelands area;

            (b) Promote compatible agricultural, horticultural and recreation
    uses, including hunting, fishing and trapping, within the framework of
    maintaining a pinelands environment;

            (c) Prohibit any construction or development which is incompatible
    with the preservation of this unique area;

            (d) Provide a sufficient amount of undeveloped land to accommodate
    specific wilderness management practices, such as selective buring, which
    are necessary to maintain the special ecology of the preservation area; and

            (e) Protect and preserve the quantity and quality of existing surface
    and ground waters.

         The Act created a 15-member Pinelands Commission in, but independent
    of, DEP.

                                     49

        Within one year of the plan's adoption, every county and municipality
    located in whole or in part in the Protection Area must submit to the
    Commission a master plan and/or zoning ordinance which complies with the
    adopted policies. Also following adoption, state regulatory and capital
    spending decisions in the area must comply with the policies (established).

         The Pinelands National Reserve overlaps with the coastal zone in
    portions of Ocean, Burlington, & Atlantic Counties, and in the Mullica
    River watershed there is also overlap between the coastal zone and the
    Pinelands Area under the jurisdiction of the State Pinelands Act. In this
    latter area, coastal permits and approval from the Pinelands Commission are
    both required for new development. This area is designated a part of the
    Preservation Area by the Pinelands Protection Act and a Limited Growth
    Region by the Coastal Resource and Development Policies, indicating a
    consistency of the policies. In the area of overlap between the coastal
    zone and the National Reserve which is not under the jurisdiction of the
    Pinelands Protection Act, the Coastal Management Program is the principal
    means of implementing the Pinelands Comprehensive Management Plan.

         f. DEP Division of Fish, Game and Wildlife

         This Division has previously acquired four Fish and Wildlife Management
    Areas within the basin's salt marshes, tidal wetlands, and uplands. They are:

                   I   Great Bay              (3,789 acres)I
                   I   Swan Bay               (1,078 acres)*I
                       Port Republic          ( 755 acres)I
                   I   Absecon Wetlands        (1,313 acres)

                I*Additional lands in the process of being acquiredI
                Iby DEP as part of the Pinelands Commission's CMP.I

         The location of these areas and other public lands is depicted in
    Figure 1.

         g. DEP Division of Parks and Forestry

         This Division manages the most extensive public lands holdings within
    the Mullica River drainage basin. These include:

                IWharton State Forest         (99,671.8 acres)    I
                IPenn State Forest            ( 3,266.0 acres)    I
                IBass River State Forest      ( 9,100.1 acres)    I

                                     50

         h.  Green Acres and Recreation Program (N.J.S.A. 13:lB-15.12(a) et seq.)

         Natural areas designated under the Natural Areas Systems Act of 1976
    are State lands defined as "an area of land or water which has retained
    its natural character, although not necessarily completely undisturbed or
    having rare or vanishing species of plant and animal life or similar features
    of interest which are worthy of preservation for the use of present and
    future residents of the State." Areas designated to date within the Mullica
    River drainage basin include:

                     Batsto                            (350 acres)*
                     Oswego River (Martha's Bog)       (200 acres)*
                     Absegami Trail                     (100 acres)*
                     North Brigantine Island
                       Natural Area                    (678 acres)t

                  *Portions of existing State Forests
                  tSeparate State lands acquisition.

         The Green Acres program determines where and how State funds should be
    spent for open space acquisition, development, and maintenance. DEP's
    Office of Pinelands Acquisition, coordinates all acquisition under the
    Pinelands protection programs.

         Green Acres also administers the Wild and Scenic Rivers System under
    the New Jersey Wild and Scenic Rivers Act of 1977 (N.J.S.A. 13:8-45 et seq.).
    The Lower Atison Branch of the Mullica River has been proposed for inclusion
    in this system.

         The State Heritage Program, administered by Green Acres, has selected the
    Mullica River drainage basin to conduct a review of cultural resources.

         i. DEP Division of Water Resources

         This Division has authority for planning and regulating water supplies,,
    quality and treatment, and floodplain use, throughout the State.

         The Division administers the New Jersey Realty Improvement Sewerage and
    Facilities Act (N.J.S.A. 58:11-44 et seq.). The law requires that no building
    permits be issued within the Mullica River drainage basin, along with other
    additional Pinelands watersheds, as shown in Figure 6, which have been
    designated as Critical Areas defined in N.J.A.C. 7:9-10.1(b).

                                     51

        j., Department of Community Affairs

         The State Development Guide Plan (Revised Draft of February 1980) has
    proposed that limited lands outside the New Jersey Pinelands Protection or
    Preservation Area (classified Conservation Areas) within the Mullica River
    watershed be "Limited Growth Areas." For these lands, "...it is neither
    desirable nor feasible to prohibit development... New growth ... would
    require major public investments in services and facilities ... Accordingly,
    Limited Growth Areas should be left to grow at their own moderate pace...
    areas which do not now appear to be necessary to accommodate projected popula-
    tion increases may become critically important resources for the New Jerseyans
    of the 21st Century." Conservation areas are "areas of State-~wide significance.
    They are too large or too expensive to be acquired and managed by local or
    county governments, yet they contain resources and recreational opportunities
    which should be enjoyed by present and future generations."

                                    53

                        PART IV: AFFECTED ENVIRONMENT

         The New Jersey Pinelands Comprehensive Management Plan (New Jersey
    Pinelands Commission, November 1980) was extensively used in writing the
    following section, and much of the text is adapted from that source and
    Kantor 1980.

        A. General Physiography

         The proposed sanctuary site is located in the Mullica River estuary,
    New Jersey's largest and least developed coastal estuarine system. The
    site includes parts of Atlantic, Burlington and Ocean Counties and is
    within the Mullica River Drainage Basin, which forms the heart of the
    million-acre New Jersey Pinelands, the Nation's first National Reserve.
    The proposed sanctuary site includes nearly pristine tidal marshes and
    forested uplands. The area supports diverse marine, estuarine, and
    terrestrial biological communities, including endangered species.

         Three factors contribute to the essential character of the Mullica
    River. First, there are the physical features of the landscape, including
    relief, soils, and hydrology. Second, there are living organisms, the
    plants and animals the Mullica area supports. And third, there are
    ecosystem processes, the dynamic interrelationships among and between
    the living organisms and their particular habitat elements which have
    evolved over thousands of years.

         Outside influences, both natural and human-caused, may alter these
    factors. In this section of the EIS, the significant natural and man-'
    made influences that determine the nature of the Mullica River area are
    identified.

         B. Geology

         The processes of deposition, sea level change, erosion and land
    uplift in the past have had a significant influence on today's Mullica
    River landscape and ecosystem.

         The Mullica River is located in the Atlantic Coastal Plain geologic
    formation, created over the last 170-200 million years by depositional
    and erosional processes. The Atlantic Coastal Plain is characterized by
    gently rolling terrain, with sandy, droughty soils and no rock outcrops,
    steep slopes, or mountain peaks. In general, it is comprised of a
    wedge-'shaped series of unconsolidated layers of sands, clays and marls on
    a gently southeastward dipping bedrock (80 to 100 feet per mile) which
    is 1,300 to 6,000 feet below the surface. These layers extend seaward
    into the submerged Continental Shelf.

                                     54

         The lowest geological beds originate from continental deposits
    (Lower Cretaceous Age). These are overlain by deposits of both continental
    and marine origin (Upper Cretaceous Age) dating from 65-136 million
    years before present (MYBP). Specific formations within this group are,
    oldest to youngest, the Hornerstown Sand, Vincentown and Manasquan
    Formations, Kirkwood Formation, Cohansey Sand, and Beacon Hill Gravel.

         Overlying the Tertiary deposits are those which were laid down
    during the Pleistocene (Wisconsin) glaciation (1.8 MYBP) and the Holocene
    period (0.01 MYBP). The Cape May Formation deposited during this time
    extends from sea level to 30 to 50 feet above sea level and is considered
    to be of marine origin. The Holocene, alluvial and eolian in origin,
    appear to be a redeposition of the older deposits.

         The Kirkwood Formation, the Cohansey Sand and the Quaternary Deposits
    are the most important geologic formations of the Mullica River drainage
    basin, and are described below.

         Kirkwood Formation

         The Kirkwood Formation is overlain by the Cohansey Sand. The irregular
    surface of the Kirkwood ranges from over 100 feet above sea level in its
    outcrop area to over 300 feet below sea level along the eastern edge of
    the Cape May Peninsula. The formation is between 50 and 100 feet thick
    in its outcrop and thickens to over 800 feet in the Atlantic City area.

         The Kirkwood has variable lithology both along its outcrop and downdip.
    The outcrop consists of a lower component that is a very fine, dark,
    micaceous sand with a pebbly glauconitic basal layer two to four feet
    thick, and an upper component of silt and clay.

         Under the coast in Cape May County, five distinct members have been
    recognized in the Kirkwood. These are, oldest to youngest: a tough,
    brown basal clay; the lower aquifer, a grey, medium-to-coarse sand
    (Atlantic City 800-foot sand); a blue, silty diatomaceous clay; the
    upper aquifer, a medium-to-coarse sand (Rio Grande Zone); and a blue
    diatomaceous clay.

         The lithology of the formation along the downdip appears to remain
    fairly consistent, with the sand component generally varying between 50
    and 100 feet.

         Cohansey Sand

         The 2,350 square mile Cohansey overlies the Kirkwood Formation, southeast
    of the Kirkwood outcrop. The occurrence of outliers within the Kirkwood
    outcrop indicates that the Cohansey was more extensive at one time.
    It either outcrops at the surface or is overlain by a veneer of Pleistocene
    deposits, thin except in Cape May County and along the eastern coast,
    where these deposits may have a thickness of 200 feet. The combined
    thickness of the Cohansey and overlying Pleistocene deposits ranges from
    less than 20 feet to more than 200 feet.

                                     55

         The 'Cohansey Sand typically consists of fine to coarse grained
    quartzose sand with lenses of gravel that are usually one foot thick
    or less. In most areas, overall clay content is less than 20 percent.
    Lenses of white, yellow, red and light grey clay occur generally in
    the upper part of the formation and may be as much as 25 feet thick.
    The sand is predominantly yellow (limonite staining), but shades of
    white, red, brown, and grey also occur.  Parallel bedding and cross-
    stratification are present in the sand.

         Quaternary Deposits

         These deposits form a discontinuous veneer lying above the Cohansey
    throughout much of the Pinelands. They are, from oldest to youngest,
    the Bridgeton, Pennsauken and Cape May Formations.

         The Bridgeton and Pennsauken deposits are generally derived from
    erosion and redisposition of the Cohansey Sand and Beacon Hill Gravel.
    They cap the tops and mantle the upper slopes of most of the pronounced
    hillIs and narrow ridges, and can be as much as 20 feet thick.

         The Cape May Formation in Cape May County contains four lithologic
    components deposited in three environments - estuarine, marine and deltaic.
    Elsewhere, the thickness of this formation is 85 feet near Batsto, 112 feet
    at Sweetwater, and 229 feet at Atlantic City.

         The most important hydrologic function of the Cape May deposits is
    their ability to absorb precipitation and transmit water to underlying
    aquifers. Because hydraulic continuity with the underlying Cohansey is
    excellent, they can be considered a part of the Cohansey Sand -Upper
    Kirkwood aquifer system, although this has been debated.

         The particular characteristics of the Pinelands geology -low relief
    with sandy, droughty soil, underlain with a number of water-bearing sand
    layers alternating with confining clay layers -~ give rise to a unique
    and fragile surface and groundwater system.  In essence, precipitation
    is rapidly absorbed by the droughty sand, percolates through the soil to
    the relatively shallow water table, and in turn supports the region's
    stream flow as groundwater seepage.  The following section discusses
    the hydrogeologic characteristics of the strata underlying the Pinelands,
    the existing groundwater quality, and sources of degradation.

                                    56

        C. Hydrology

        The most important abiotic element of the Pinelands ecosystem is water.
    Water is stored in the extensive sand aquifers below the surface. This
    ground water supports 89 percent of the flow in the Pinelands. streams,
    discharging primarily through the swamps and marshes. It is replenished
    solely by precipitation, 44 percent of which percolates through the sandy
    soil surface.

        Although highly permeable, the uppermost soil tends to be chemically
    inert with a low adsorbtive capacity. It is therefore incapable of
    filtering out wastes. In addition, the waters are susceptible to various
    forms of pollution because they are weakly buffered against chemical
    change. Groundwater contamination in the Pinelands is a significant
    threat.

        The proposed sanctuary site is within the Mullica River Drainage Basin,
    which includes seven sub-basins.

        Streams in the proposed sanctuary area have a characteristic and
    typical composition which is as important to the maintenance of the
    ecosystem as are the water flows and the groundwater levels. The
    typical, high-quality Pinelands stream is slow-moving, brown but clear,
    has a sandy substrate, and is overhung by dense vegetation. The water
    is soft and the pH is low. It generally has a high level of dissolved
    humic matter, especially in the summer months, and may have fluctuating
    oxygen levels due to bog and swamp drainage and organic demands. There
    are low levels of nutrients and suspended and dissolved solids, and such
    streams can be classified as dystrophic.

         Mullica River Drai nagje-Basi-n

         The Bass River sub-~basin is relatively undeveloped and contains large
    State land holdings. The water quality index value of slightly disturbed
    at the East Branch station is probably conservative. The suspended solids
    90th-percentile concentration was only 0.5 mg/l higher than the 12.5 mg/l
    cutoff point. The slightly elevated solids load could be attributable to
    activities at the State recreation area immediately upstream from the
    samplin7 station. The headwaters of the East Branch, West Branch, and
    Barlett s Branch of Bass River are not within current public land holdings.

         The Wading River sub-basin has minimal developed land. However, it
    is used extensively for cranberry and blueberry production. Water quality
    levels on the West Branch of the Wading River and the East Branch (Oswego
    River) are slightly disturbed. The elevated suspended solids and fecal
    coliform levels are probably due to localized problems.

         It is most important that the water quality of the Wading River and
    its tributaries be maintained as high as possible. Tributaries in the
    upper watershed which lie outside of State-owned lands are most critical.
    These headwater streams include Yellow Dam Branch, Plains Branch, Beaver
    Branch, Ives Branch, Pole Branch, Probst Branch, Goose Pond, and sections
    of the West Branch around Chatsworth.

                                     57

         Water quality within the Batsto River sub-basin is good to slightly
    disturbed. An analysis of the fecal coliform/fecal streptococcus level
    shows that the bacterial contamination could be caused by human waste and/or
    livestock and poultry waste. The latter category includes wild game. High
    total dissolved solids levels in Springers Brook could be due to the
    surrounding agricultural practices. High pH and alkalinity concentrations
    indicate the use of lime or septic systems contamination.

         The Batsto River increases in quality downstream. Good quality is
    found at the station at Batsto due to cleansing action as the river passes
    through bogs and swamps. The headwaters areas of Springers Brook, Indian
    Mills Brook, and the Batsto River are not currently protected. These
    areas are particularly vulnerable to development pressure from the Medford
    Lakes region. The Batsto River is a major tributary of the Mullica River.

         Water quality in the Atsion-Mechesactauxin sub-basin is quite variable.
    The most disturbed water quality on the Wildcat Branch is probably due to
    the industrial point source, urban development, and surrounding agricul-
    tural land. This station provides a good illustration of the fragile
    character of headwater areas. The normal low flows of the small streams
    are not adequate to assimilate the waste. Water quality at all other
    stations is rated either good or slightly disturbed due to elevated
    suspended solids loads. These loads could be due to natural conditions.

         This sub-basin probably has the greatest potential within the Mullica
    River system for being impacted by development. The small, upper streams
    which are not within the Wharton tract are very close to the developing
    centers of Berlin and Atco.

         Because there is only one water quality station at the base of the
    Nescochague Creek sub-basin, it is impossible to evaluate any upstream
    water quality impact. Water quality at that station in Pleasant Mills
    is slightly disturbed due to suspended solids concentrations; probably
    caused by natural conditions.

         The Nescochague sub-basin is divided by Route 30 running from
    Philadelphia through Hammonton. Development pressure is high. Management
    of the headwater areas is critical to water quality in the Mullica River.

         The Hammonton Creek sub-basin has poor to very poor water quality
    because of point sources, urban runoff, and agricultural practices. Based
    on the water quality index and pH values, Hammonton Creek has the worst
    water quality in the whole Pinelands area. The high nutrient loads can
    adversely impact Nescochague Lake, the Mullica River, and finally Great
    Bay. The high pH values will alter the acid water-dependent Pinelands
    aquatic communities. Improvements of water quality would require controls
    on all sources of contamination.

         The Mullica River drains a significant portion of the Pinelands
    National Reserve. The sub-basin encompassing its lower main stem is
    affected by drainage from the upper tributaries and by the tidal influence
    of Great Bay. Due to lack of data, the impact of direct drainage to this
    section of the Mullica could not be determined.

                                     58

         The Atlantic County portion of the sub-~basin is more threatened than
    the Burlington County portion because it has more land area, more develop-
    ment and more agricultural land. Within the total Mullica River Basin,
    the Lower Mullica is not as vulnerable as the upper watersheds because
    its capacity to assimilate pollutants is greater.  If the upper reaches
    are altered by development and agricultural practices, the entire river
    and estuarine system will feel the impacts.

         D. Biological Resources

         1. Vegetation

         Differences in groundwater levels result in two distinct floristic
    complexes, the uplands and the lowlands (McCormick, 1979; Robichaud and
    Buell, 1973). Lowlands are found on sites where water is near or above
    the surface during some part of the year. The upland complex occurs in
    the remaining area. The water level of sites occupied by this complex is
    seldom nearer to the surface than 2 to 3 feet and may be as deep as 60 to
    70 feet (McCormick, 1979). This contrast in moisture conditions between
    the upland and lowland sites is probably intensified by the highly
    permeable, sandy soils. In the subdued topography of the Atlantic Coastal
    Plain, however, the boundaries between these complexes are often not
    sharply defined. Subtle differences in topography result in a rich
    mosaic of different vegetative types.

         Upland Complex Vegetation

         The uplands support two major vegetation types or associations,
    pine-soak forests and oak-pine forests. Fire plays an important role in
    determining the composition of these upland forests.  Differences in
    resistance to fire damage, shade tolerance, and reproductive strategies
    are responsible for the selective action of fire on the different plant
    species.

         Following a fire, oaks and pines have the ability to resprout from
    dormant buds which lie protected beneath the soil surface and from along
    their trunks.  This ability varies among the oaks and pines.  Oaks are
    less resistant to both wounding and killing by fire than pitch or shortleaf
    pine (Pinus rigida; P. echinata) (Little, 1946; Little and Moore, 1945).
    Shrub oaks, blackjack and bear oak (Quercus marilandica, Q. ilicifolia),
    are more fire adapted than the tree oaks such as white and black oak
    (Q. alba., Q. velutina). They exhibit a greater capacity to sprout and
    produce acorns on much younger sprouts following a fire.  Pitch pine is
    more resistant to fire damage and retains its basal sprouting over a
    long period of time than shortleaf pine.

         Fire also results in the removal of the thick mat of litter covering
    the forest floor. This provides a more suitable seedbed for pines which,
    unlike oaks, require mineral soil or a thin layer of litter and minimal
    shading for the establishment of seedlings. The overall effect of fire
    favors pine over oak.  In the absence of fire or other severe disturbances
    such as land clearing, pitch pine and shortleaf pine would be replaced by
    oaks and other hardwoods. If this occurred, the character and composition
    of the forest would be substantially modified.

                                     59

         Pitch pine is the dominant tree of the upland pine-oak forest of the
    Pinelands. This species is commonly associated with blackjack oak, black
    oak, chestnut oak (Quercus prinus), white oak scarlet oak (Q. coccinea),
    and post oak (Q. stellata), as well as southern red oak (Q. falcata) in
    the southern portion of the Pinelands. A large part of the regionis
    covered with pine-blackjack oak, a vegetation type which characterizes
    the selective action of frequent, severe fire (McCormick, 1979). Pine-
    post oak and pine-black oak associations also occur in the region but are
    scattered and may be limited in size. Common understory include the
    shrub-form scrub oak, lowbush blueberry (Vaccinium vacillam) and black
    huckleberry (Gaylussacia bacata).

         Lowland Complex Vegetation

         Lowland forests include: Atlantic white cedar swamps, pitch pine
    lowlands, bogs, and inland and coastal marshes. The lowland forests in
    the region are composed manly of Atlantic white cedar (Chamaecyparis
    thyoides), trident red maple (Acer rubrum), black gum (Nyssa sylvatica),
    and pitch pine, Gray birch (Betula populifolia), sassafras (Sassafras
    albidum), and sweetbay magnolia (Magnolia virginland) are often present.
    Other lowland associations, primarily in the regions periphery, may
    contain sweet gum (Liquidambar styraciflua), pin oak (Quercus palustris),
    willow oak (Q. phellos), basket oak (Q. michauxii), and water oak (Q.
    nigra). Both natural and manmade bogs are found throughout the region.
    Many abandoned bogs have been colonized by grasses (Gramineae) and sedges
    (Carex spp.) forming inland marshes. Similar freshwater marshes are also
    found along Pinelands streams. Extensive tidal marshes are found along
    the coastal Pinelands borders.

         The cedar swamps are characterized by dense, even-aged stands of
    narrow-crowned Atlantic white cedar. While cedar predominates in the
    canopy, pitch pine is often present as well. Trident red maple, blackgum,
    and sweetbay are also common in the understory.   Dangleberry (Gaylussacia
    frandosa), highbush blueberry (Vaccinium corymbosum), swamp azalea
    (Rhododendron viscosum), fetterbush (Leucothoe racemosa), sweet pepperbush
    (Clethra alnifolia), and bayberry (Myrica pennsylvania) are likely to
    occur in the shrub layer. Hardwoods and shrubs are far more numerous and
    can form a dense layer at the edges of stands or under stands that have
    been partially cut or are declining. While herbaceous growth is rarely
    very dense, there is a wide variety of species present in areas where
    there are conopy openings. These commonly include pitcher plant (Sarracenia
    purpurea), sundew (Drosera spp.), and chain fern (Woodwardia virginica).
    A rich carpet of mosses (Sphagnum spp). covers the ground. Ceder swamps
    are found in narrow bands running along many of the smaller stream courses
    and in larger configurations in the broader valleys.

         Fires rarely begin or spread in the wet and poorly drained cedar
    swamps. Unless a fire is driven by a strong wind, or drought conditions
    exist, these lowlands usually act as fire breaks. Atlantic white cedars
    are extremely susceptible to fire injury because of their thin bark and
    flammable foliage, and they do not sprout after stems are killed by fire.
    Subsequent reproduction depends on the depth to which the organic soil
    has been burned, the nature of the previous stand, and the extent of
    browsing by deer. While the combined effect of fire and cutting has

                                     60

    frequently reduced the area in white cedar and favored hardwoods, proper
    use of both favors cedar (Little, 1950).

         The canopy of hardwood swamps is predominantly trident red maple,
    commonly associated with blackgum and sweetbay. Sassafras and grey birch
    also-occur frequently.

        The pitch pine lowland forest is characterized by a dense canopy
    composed of pitch pine. The understory is often dense, supporting maple
    and blackgum as well as a variety of lowland shrubs.

        Three types of bogs are found in the area; active cranberry bogs,
    open bogs, and shrub thickets.

        Coastal marshes, dominated by salt marsh cordgrass and salt hay, are
    often adjacent to to bands of hardwood swamp. Rushes, spike grass, and
    glassworts are often associated with the dominant spartinas.

         2. Wildlife

         The high productivity of this region extends beyond the terrestrial
    boundaries to the estuarine and marsh environments. The organic nutrients
    produced within the tidal freshwater and salt marshes and carried by tidal
    flushing of the estuaries are essential to the coastal marine food chain.
    The trophic levels of estuarine productivity are illustrated by the variety
    of estuarine and marine fishes, shellfish and other wildlife which thrive
    there. High species diversity usually reflects environmental health.
    Sixty one different species of fin fishes have been recorded in the
    estuary. Major anadromous fish include striped bass, alewife, and blue-a
    back herring which spawn in the basin's tributaries. Eleven spawning
    runs have been confirmed. Shellfish resources are extensive, and support
    a small commercial oyster fishery as well as recreational and commercial
    clammi ng.

        The Great Bay region is a major migratory stop and wintering area for
    many migratory waterfowl and shorebirds as well as a major raptor (owls,
    hawks and falcons) wintering area. During the winter season, the area's
    waterfowl population is over 70,000 individuals. The diversity of vegeta-
    tive growth permits a wide spectrum of bird species; Brigantine National
    Wildlife Refuge recorded 251 species of birds in 1971. Exemplary nesting
    species include the State-designated endangered species of osprey, least'
    tern, and black skimmer. There are at least 44 distinct water bird
    nesting colonies (rookeries) for 15 different species. These include
    egrets, ibis, gulls, terns, and skimmers.

         The Mullica River estuarine community supports a diverse population of
    organisms, ranging from algae through invertebrates to fish and mammals,
    and their respective predators. Species lists are available in the
    Appendi ces.

                                     61

         3. Endangered Species

         PIlants

         Numerous plant species in the Mullica River area area listed as
    threatened or endangered by the U.S. Department of the Interior. Eight
    Pinelands plant species are currently being evaluated for such listing.
    Also, a study completed for the New Jersey Pinelands Commission inventoried
    71 rare plant species, including ferns, grasses, sedges, and broad-leaved
    plants, and assigned each a status of endangered, threatened, or undetermined.
    Table 3 gives the status of rare Pinelands plants.

        Mammals

         No mammal species found in the Mullica River area are currently listed
    as endangered or threatened by the U.S. Fish and Wildlife Service. Two
    species formerly found in the area, the black bear and the bobcat, have been
    extirpated. The beaver was eliminated through unregulated trapping but
    has been reintroduced and is now common in the area.

         Birds

         Two bird species found in the Mullica River area, the bald eagle
    and the peregrine falcon, are Federally listed endangered species. In
    addition, a number of bird species are listed on the New Jersey official
    list of endangered and threatened species. Table 4 gives the status
    of rare bird species in the area.
         Coastal marshes in the area serve as sites for ongoing attempts to
    reintroduce the peregrine falcon into the New Jersey ecology.

         Reptiles and Amphibians

         While there are no reptiles or amphibians in the Mullica River area
    which are Federally listed as endangered or threatened, nine herptile
    species are so listed by New Jersey. Endangered species are the Pine
    Barrens treefrog, the timber rattlesnake, the bog turtle, the southern
    gray treefrog, and the tiger salamander. Threatened species include
    the northern pine snake, the corn snake, the wood turtle, and the mud
    sal amander.

         The Mullica River watershed is a major stronghold for the timber
    rattlesnake. The population of this species in the area has been sharply
    reduced by human actions, including collecting, killing, and reduction of
    habitat by residential development.

                                               62

              TABLE 3       Threatened and Endangered Plant Speoles of the New Jersey Plne~anda
                                        I L                               ~~~~~~~~~~~~Habitat
                                         dograchift             Pitch Pine Cadar Imardwaoo Water bog, N~on-
          Soecten          ~~~~tats  tAftinity  Pine-Oakloakc-Oine lowland iwarnol swirno   or marsh forested

     Aessahynomene virqinics
    Red'mftkweed               TS
     Asciepisa rublea
    Silvery aster              T
     Aster concolor
    Pickering's morning glary   T        S

    Mooe aarres reedgrasa      F

    Sarrsttr sed~ge            T
      came b"anattli                    S
    Sickle-leaved golden aster IT     -NI
      ChryeOpsis 4uct
    Screading pogonia          SSI                                               j

    Srom Crowborry                  j    N
      COrMM COnredif
    1osecolored tick~sed     T11         NI                      II              IfI
      Coreop8ie roaea x
    Rustifoil                i E        NIS0
      C~rorafoosis elati cs- i
    Stitffticktrefoil          T                            *    I
      Qeewodflumy? ou
       Kntespike rush     N         I NS
      Eleachaids equisetol
    Reulnous boneet            r                                 I00
      emantariun rosilys
    PIne Batrars gentian                S
      Gentions autumnalls    I        *
    yellow-frnged orchid       E        NIS                                          S

           Hb"reintegra
    Now Jersey rushF
      Juncus caesanensis                                         I
    Uly.4eaved twaybiade       E        N/s
      Upodrs Illul0lli
    Loesul's twayblae F.
    Southern twayblade         T Nis

    Boykin's laoelia s
      LabobeiiaoykindiI
    Cantly's ldbelia           T         S                                                 j *
      Laobesi candyi
    Hair/ ludwigia             T
      Ludwigia hirrefIa
    Unear-leaved ludwigia    IS a
      L~udwigla fineeris     I                                                                 *
    Climbing fern              E        N/S                      j
      Lyqodium Ocilmatum     I                          I        II
    Co~mm~aaan 5 ult. Status - -,-agraome affinuty S.ra"l
     -.acar anda Mudrwooa 3-W&MOS.

                                         6 3

         TABLE  3             Threatened and Fadengered Plant Species of thre Now Jermny Flnelands, Continued

                                            I                               N~~~~~~~~~~~~~-abitat
                                   Geagraphicall                 Pitch� Pine Cadar lNarawcad~ Water, bag,  Non-
    Species                    Statu  tAlffinty  !PIne-oak Oak-pinlel lowland jawarnol swamp~   or marsh  fcrested
    Torwsmuiy                   F          S                                                   I     9

    Yellow asphodei             r
      NAfrrhejum aeneRoAnuml
    Mleating meadt                   j    Nis
      Nymphfoides =o~ta             I             I
    Narrow panic gras           T          S                                              40
      PmnICUM hemfitafmon
    Hirat'5 anic grass        jPS

    American, mistietoe         T
      PftosdendM17 1`avOicens!
    'Mmaryrd miikwcrt                      S
      polygals mariana
    Slender rattlesnake fact                                        I a
      Prnenathes autumnalei                       i                I
    Awned meadow beauty                    SI0
      Rhexia atistosa e
    Capitale beakiush                      S

      Rhtynchospo~a inUndatE
    Kateskern's beaked rush     FS_
     Rhynaftsvers knieskernh   T1I
    Curly grass fer           )      I
      Sahlzaeeaoustila
    Chuifteed                 IE           S                                  II
      Schwa/han americana s
    Wng'3~ bulrush                   I    N

      Swiede mfinor                                                                            I
    Reticulated� nut rush       T        N/S
      Sc/ere fretluladrs
    sclerolepis                 T        NIS0

    Wand-like golden rod             S     S
      Se/ida go strirea
    Uttley ladies tresses       T                      NI
      Spiranrhets tuildrosa              NS
    False aspflcdeiS                     SI
       llatiedia aecoimosa
      Hmped biaddetwort          T        N IS                                            S
      Utrlcuieila gtbh"
    IWhtwltefowered biadcerwort            S

       (itriculane OUivaa.

       UtrCuI12na resupfflats
    yeflew-eyed gruss                     S
      Xyms flexuose
     ~Status codes  T -Threatened (Caia=a and sirgrotwters. I1960)  9 a Currently being evaluated for'ne ;sgrat flaxioflal IiSE
                  5   Frndazlqerea. IC.aam and Psrcrotflers. ,980)  of threaterid and endangered aocacis ~y tme Oecarnment -at
                  tN    Nortnern  S a Southern                     Mfe interior.
                                                       2.39

                                  6 4

        TABLE 4    -Threatenned and Endangered Bird Species of the Pinelanda and Their Habitats

    SPECIES
                                                        ea 02 C            C      -

                                                  X  0-          I     L      0 0 a   K0
    ENDANGEREO:
    Bald eagle'
      Hellaeetus Ieucocephalus
    Peregrine falcon'I~                                                                  *
      Faico peregrinhis
    Osprey                                                     1                             ..'
      Pandion haliaetus                      IIIIIiI
     ACcipier'  hawkii1~*
     Accpiers hoawk                      III
    Least tern
      Stomna albiftons

    Black skimmer
      Rhynchops niger                            I
    THR~EATENED:
    Pled-billed grebe*                                              ***
       PoWllymus podloeps
    Red-shouldered hawk                        <.      I*
       WtOO linelusI                                                    .
    Great blue heronI                                        .II
      Arriee herodlas                                   I
    MarlinI
       Falco calumbarius                                I
     Upartrmi sandpiperaI
     Upandmi sandpcaper
    Roseate tern                             II         II                             1
       Steoma douqalllII
    Barred owl                            I     I
       Strix varia
    Short-eared owl                                                               .**           **
      Asia Ilatmmeus
    Red-headed woodpecker                      **        *     I
       Melanerpes erythr'eaphalusI
    Cliff swallow.                                                .                         *
       Petrocheildonjoy:.'honots
    Short-billed marsh wren                                    1I

    Bobolink

    Savannah~ sparrow                               II*                             K
       Pessercuiua -.*"'eiheneis                     II
     Ipsw rculu sparr    heo w   rrce~
     Ipawichul  sana lcessrrowcI
    Grasshopper sparrow                                                  II       *I
       Ammod'ramus savannarum                 II                          I
    Henalow's sparrowI                                              *1 *
       Ammpodrarnus hensalowifdIi                                                    I
    Vesper scarrowI                                                               * I
       Poocetus gramrnanus                                                         I
    Northern manirmot~e
       CIrcUS cyanreusI
     'Lsted as endangered tby U.S. Department of the Intenor.
     All others listed as endangered or threatened by Now .Jersey.

                                     65

         E. Human Activities

         The waters and wetlands of the Mullica. River area are presently
    utilized mainly for recreational purposes. Local residential and
    tourists' expenditures support many seasonal businesses. Recreation
    activities include boating, fishing, crabbing, waterfowl hunting, sailing,
    birdwatching, and beach combing. Commercial crabbing, clamming, oystering,
    fur trapping, marinas, and boat services are also within this area. Notably
    absent are maritime commerce, petrochemical, and electric generating
    facilities.

         The area has potential for energy related development as a result of
    the Department of the Interior, Bureau of Land Management Outer Continental
    Shelf Lease Sales. One hundred and ninety-two leases have been sold at a
    total cost of $1.88 billion. The leasing area ranges from 56 to 100 nautical
    miles directly east and southeast of the Mullica River.

         To date, three small natural gas and one small crude oil discoveries
    have been made. If commercial reserves are located, pipelines will be
    proposed to bring the resources to shore, with a potential landing
    somewhere along the New Jersey coast. In addition, an offshore floating
    nuclear generating plant site at the mouth of Great Bay (Little Egg Inlet)
    was proposed and later abandoned. An OCS service base at Rum Point,
    Absecon Inlet was proposed in 1977, discouraged by DEP and not pursued
    further by the would-be developer.

         The Rutgers University Marine Field Station, boardwalks, year-around
    and summer housing, amusement parks and hotel-casinos are additional
    examples of the diversity of uses in the surrounding region.

         Resort-related retail businesses along the coast cater to the
    tourists' desires while some uses exploit the very resources which draw
    the visitors and summer residents. Growth of human population often
    leads to increased public pressure for habitat alterations. Most salt
    marshes adjoining Great Bay, for example, have so far been spared from
    destructive lagoon housing and dredge and fill operations so common to
    the northern estuaries of New Jersey. However, one large lagoon housing
    development (Mystic Island) is found on the northern shore wetlands. In
    addition, one small lagoon development exists near Green Bank. Insecticide
    spraying throughout the State is now regulated by DEP. The drainage
    ditches constructed during the Great Depression however remain in certain
    wetlands areas. Mosquito control measures, including ditching, drainage,
    and pesticide spraying on wetlands, can alter and harm the environment.

         The success of the Atlantic City casinos has increased substantially
    the interest and pressure for residential housing, commercial and retail
    services, and transportation facilities in Atlantic City and the adjoining
    mainland municipalities of Atlantic County.

         Between the passage of the New Jersey Casino Referendum in November
    1977 and April 1981, 52,199 units of residential housing, condominiums,
    hotels, motels, and camping sites have been proposed for siting in Atlantic
    County.

                                     66

        Towne of Smithville

         In.January 1981, DEP issued a CAFRA permit for the first units of
    the Towne of Smithville in Galloway township, which, as proposed and
    conceptually approved by DEP in September 1980, will ultimately include
    6,850 residential units as part of a planned residential development.
    These DEP decisions have been appealed by several environmental groups and
    are now under review. Public concern has also been expressed about the
    Smithville project in terms of its impact upon the proposed Sanctuary.
    NOAA/OCZM and New Jersey DEP have determined, however, that since the
    Smithville project would be built entirely downstream of the proposed
    sanctuary site, direct impacts will not materialize.  In addition, while
    the Towne of Smithville will substantially increase the population in the
    area surrounding the Sanctuary, NOAA/OCZM and New Jersey DEP believe
    that since the sanctuary location is well removed from main roads, it
    will not suffer detrimental primary or secondary impacts.

         The land use plan incorporates 6,850 residential units on 1,124
    acres. Planned commercial land uses include the Towne Center and
    neighborhood residential and commercial uses totaling about 129 acres.
    In addition, another 90 acres near the Garden State Parkway are planned
    for office/business uses which could comprise research centers, corporate
    or regional headquarters, general office and light manufacturing uses.

         The Open Space plan sets aside about 955 acres for low intensity
    uses. These include a site for a school, a 200 acre golf course, an
    equestrian center, buffers and conservation areas, trails and bike paths,
    and recreation and sports uses such as playing fields. The sites designated
    for open space encompass areas determined by the consultants to be environ-~
    mentally sensitive or, because of their location in relation to other
    types of land uses, were chosen for recreational sites.

         Since the Smithville area is relatively underdeveloped within its
    regional context, a proposal of this magnitude involves the need to supply
    either major new or expanded utility infrastructure. The applicant has
    stated that sewerage from the entire site will be pumped through five
    local pump stations to the existing main Smithville pump station, and
    then treated at the Atlantic County Sewerage Authority's City Island
    Treatment Plant. Potable water will be drawn from five production wells
    near the center of the site, treated, and stored in two tanks. The wells
    would tap the Cohansey formation.

       There is the potential for a significant increase in runoff resulting
    from development of this site. The applicant has stated that its main
    objective is to develop the site with a zero increase in runoff after
    development. A series of swales and retention and detention basins will
    collect runoff for percolation to the groundwater and slow dispersal to
    the stream system.

                                     67

                           PART V: LIST OF PREPARERS

    Mr. Richard A. Kantor - New Jersey Department of Environmental Protection

         Mr. Kantor is an Environmental Scientist II for the New Jersey
    Department of Environmental Protection, Division of Coastal Resources,
    Bureau of Coastal Planning and Development. He assembled the data
    incorporated into the Mullica River Estuarine Sanctuary DEIS and is the
    principal State author of the document.

         Mr. Kantor's education includes a B.S. degree in Biology (1969) from
    Monmoth College in West Long Branch, New Jersey, and a M.S. degree in
    Marine Biology (1972) from Long Island University in Greenvale, New Yo rk.
    He has a wide variety of experience in biological research, planning,
    contract management and teaching. In addition, Mr. Kantor lectures,
    and through analysis, writing and supervision provides resource expertise
    for developing state coastal regulatory programs. He is the New Jersey
    DEP liaison to the U.S. Department of the Interior marine program and the
    New Jersey Marine Sciences Consortium in Sandy Hook, New Jersey.

    Mr. Lawrence M. Bonino - New Jersey Department of Environmental Protection

         Mr. Bonino is an intern with the Bureau of Coastal Planning and
    Development within the New Jersey DEP, Division of Coastal Resources.
    His responsibilities in the preparation of the DEIS included research
    and collation of project data and production of graphics for the document.

         Mr. Bonino is currently a student at Cook College, Rutgers University.
    His internship with the New Jersey DEP includes direct involvement in the
    planning, organization and completion of the Mullica River Estuarine
    Sanctuary project.

    Mr. Milton H. Martin - Office of Costal Zone Management

         Mr. Martin is an environmental planner for the Washington State
    Department of Ecology, currently on a 1-year leave from the State
    to work with the NOAA/OCZM Estuarine Sanctuary Program Office. He is
    Project Manager for the Mullica River Estuarine Sanctuary proposal.
    Mr. Martin is the principal OCZM author of the DEIS, and was responsible
    for overall direction, organization, and preparation of the DEIS for
    publ icati on.

                                     68

         Mr. Martin's background is in the field of Administration and
    Management in public recreation and parks, where he has held the following
    positions since 1959: Director, Parks and Recreation Department, Vancouver,
    Washington; Superintendent, Parks and Recreation Department, B~enton County,
    Washington; Assistant Director, Washington State Parks and Recreation
    Commission; and Assistant Administrator, Washington State Outdoor Recreation
    Agency.

         He is a lecturer on public parks and recreation administration and
    has prepared and conducted workshops, conferences, and various public
    programs relating to recreation financing, programs, management techniques,
    recreation legislation, etc.

         Mr. Martin is the 1980 recipient of the Washington State Environmentalist
    of the Year Award for Washington State appointed officials.

    Ms. Gloria Thompson - Office of Coastal Zone Management

         Ms. Thompson is Program Support Specialist for the Estuarine Sanctuary
    Program Office. Her major responsibilities in the preparation of this DEIS
    were editing, incorporation of revisions, and final preparation of the
    document for publication.

    Mr. Richard Kelly - Office of Coastal Zone Management

         The Estuarine Sanctuary Program Office wishes to acknowledge the
    contribution of Mr. Kelly, from the OCZM/NEPA Office, in the preparation
    of this document.

    Acknowl edgements

         The New Jersey DEP preparers of this document wish to acknowledge
    the assistance provided by DEP's Divisions of Fish, Game and Wildlife,
    and Parks, Forestry and Green Acres, the New Jersey Pinelands Commission,
    and other public and private agencies and individuals noted below.

         David N. Kinsey, Director of DEP's Division of Coastal Resources and
    John R. Weingart, Chief of that Division's Bureau of Coastal Planning and
    Development supervised the State's involvement in the Estuarine Sanctuary
    Program. Clerical support from Ms. Carol Claudili and Ms. Celestine Allen
    is greatly appreciated.

         Additional help was provided by Thomas P. Smith, Ph.D. student at
    Rutgers University in 1975, Elizabeth Riley and Grace Syseskey, student
    interns from Rutgers University in 1978 and 1979, Cynthia Lotys, a student
    intern from Hamilton High School in 1979, and Hardy Pearce, a mid-career
    fellow, from Princeton University in 1980.

                                     69

        Russell A. Cookingham and Pete McLain, Director and Deputy Director,
    respectively, of DEP's Division of Fish, Game and Wildlife, and
    Douglas W. Bridges, Director of DEP's Division of Parks, Forestry and
    Green Acres, each helped develop this proposal through discussions and
    reviews of draft material.

        John Stokes and Robert A Zampella of the New Jersey Pinelands
    Commission were also of great assistance.

         Special note is made of the invaluable contribution provided by
    Howard Wolf, Robert Marshall, and Larry Feigenbaum of DEP's Pinelands
    Acquisition Office.

                                          71

            PART VI: LIST OF AGENCIES, ORGANIZATIONS, AND PERSONS RECEIVING COPIES

            Federal Agencies

            Advisory Council on Historic Preservation
            Department of Agriculture
            Department of Commerce
            Department of Defense
    -       ~~Department of Energy
            Department of Health, Education & Welfare
            Department of Housing & Urban Development
            Department of the Interior
            Department of Justice
            Department of Labor
            Department of Transportation
              U.S. Coast Guard
            Environmental Protection Agency
            Federal Energy Regulatory Commission
            General Services Administration
            Marine Mammal Commission
            Nuclear Regulatory Commission

            National Interest Groups

            American Association of Port Authorities
            American Bar Association
            American Bureau of Shipping
            American Fisheries Society
            American Gas Association
            American Hotel and Motel Association
            American Industrial Development Council
            American Institute of Architects
            American Institute of Merchant Shipping
            American Institute of Planners
            American Littoral Society
            American Mining Congress
            American Oceanic Organization
            American Petroleum Institute
            American Shore and Beach Preservation Association
            American Society of Civil Engineers
            American Society of Landscape Architects, Inc.
            American Society of Planning Officials
            American Water Resources Association
            American Waterways Operators
            Amoco Production Company
            Ashland Oil, Inc.
            Association of Oil Pipe Lines
            Atlantic Coast Shellfish Council
            Atlantic Richfield Company
            Atlantic States Marine Fisheries Commission
            Barrier Islands Coalition
            Boating Industry Association

                                 72

    Center for Law and Social Policy
    Center for Natural Areas
    Center for Urban Affairs
    Center for Urban and Regional Resources
    Chamber of Commerce of the United States
    Chevron U.S.A., Inc.
    Cities Service Company
    City Service Oil Company
    Coastal States Organization
    Conservation Foundation
    Continental Oil Company
    Council of State Governments
    Council of State Planning Agencies
    The Cousteau Society
    Environmental Policy Center
    Environmental Defense Fund, Inc.
    Environmental Law Institute
    EXXON Company, U.S.A.
    Friends of the Earth
    Getty Oil Company
    Gulf Energy and Minerals, U.S.
    Gulf Oil Company
    Gulf Refining Company
    Gulf South Atlantic Fisheries Development
      Foundati on
    Independent Petroleum Association of America
    Industrial Union of Marine & Shipbuilding
      Workers of America
    Institute for the Human Environment
    Institute for Marine Studies
    Interstate Natural Gas Association of America
    Izaak Walton League
    League of Conservation Voters
    League of Women Voters Education Fund
    Marathon Oil Company
    Marine Technology Society
    Mobil Oil Corporation
    Mobil Exploration & Producing, Inc.
    Murphy Oil. Company
    National Association of Conservation Districts
    National Association of Counties
    National Association of Engine & Boat Manufacturers
    National Associaton of Realtors
    National Association of State Boating Law
      Administrators
    National Association of State Park Directors
    National Audubon Society
    National Boating Federation
    National Coalition for Marine Conservation, Inc.
    National Commission on Marine Policy
    National Conference of State Legislatures
    National Environmental Development Association

                                                73
                  Rice University Center for Community Design
                    and Development
                  Shell Oil Company
                  Shellfish Institute of North America
                  Shipbuilders Council of America
                  Sierra Club
                  Skelly Oil Company
                  Southern California Gas Company
                  Sport Fishing Institute
                  Standard Oil Company of Ohio
                  Sun Company, Inc.
                  Tenneco Oil Company
                  Texaco, Inc.
                  Union Oil Company of California
                  U.S. Conference of Mayors
                  Water Pollution Control Federation
                  Water Transport Association
                  Western Oil and Gas Association
                  Wildlife Management Institute
                  The Wildlife Society
                  World Dredging Association

                  Congressi onal

                  Honorable William W. Bradley
                  Honorable James J. Florio
                  Honorable Edwin B. Forsythe
                  Honorable William J. Hughes
                  Honorable Harrison A. Williams, Jr.

                  State Officials and Agencies

                  Governor Brendan Byrne
                  Honorable Daniel J. Dalton
                  Honorable John Paul Doyle
                  Honorable Hazel S. Gluck
                  Honorable William L. Gromley
                  Honorable Lee B. Laskin
    *            ~~~~Honorable Joseph A. Maressa
                  Honorable Michael J. Matthews
                 Honorable Steven P. Perskie
                 Honorable Dennis L. Riley
                 Honorable John R. Rocco
                 Honorable John F. Russo
                 Honorable Thomas J. Shusted

                 Delaware & Raritan Canal Commission
                 Delaware River Port Authority
                 Delaware Valley Regional Planning Commission
                 Department of Agriculture
                 Department of Community Affairs
                 Department of Energy

                                74

    Department of Health
    Department of Labor and Industry
    Department of the Public Advocate
    Department of State
    Department of Treasury
    Hackensack Meadowlands Development Commission
    Mid-Atlantic Regional Fishery Management Council
    New Jersey Marine Fisheries Council
    Pinelands Commission
    Regional Planning Association
    South Jersey Resource Conservation and Development Council

    Local and Regional Government

     Affected Municipalities (Mayors, Planning Boards, and Environmental
     Commissions) in Atlantic, Burlington, Camden, and Ocean Counties
     within the Mullica River Drainage Basin.

     Atlantic County:    Egg Harbor City, Galloway, Hammenten, Mullica, and
                         Port Republic

      Burlington County: Bass River, Sharnong, Tabernacle, Washington, and
                         Woodl and

      Camden County:       Berlin, Chesilhurst, Waterford, and Winslow

      Ocean County:        Lacey, Little Egg Harbor, Stafford, and Union

      Affected Counties (Executives, Freeholder Directors, Planning and
      Environmental Agencies).
      Atlantic County
      Burlington County
      Camden County
      Ocean County

    State and Local Interest Groups

      Environmental Groups

      American Littoral Society
      Association of New Jersey Environmental Commissions
      Atlantic Audubon Society
      Atlantic County Citizens Council on Environment
      Citizens Association to Protect the Environment
      Coalition of Bergen and Hudson
      Concerned Citizens for Clean Water
      Conservation Society of Long Beach Island
      Cumberland Conservation League
      League for Conservation Legislation
      Millstone Watershed Association
      New Jersey Audubon Society

                                  76

    Individuals

    Carol Barrett
    Stan Cramer
    Karen Doherty
    Oliver Edstrom
    Larry Ermillio
    Wayne Farren
    Joe Forsyth
    Warren E. Fox
    Bob Jones
    Tom Lloyd Associates
    Peter Plage
    Irvin Reigner
    Albert Ricciardi
    Ron Rulou
    Jeff Shear
    Tom Smith
    Horace Somes, Sr.

                                  77

                     PART VII: APPENDICES

    1. Estuarine Sanctuary Guidelines

    2. Title 7 - Department of Environmental Protection
                 Subtitle B. Division of Parks and Forestry

    3. Title 7 - Department of Environmental Protection
                 Subtitle E. Division of Fish, Game and Shelifisheries

    4. Endangered, Threatened, Peripheral, Declining, Undetermined,
       and Extirpated Wildlife Species in New Jersey - Official List

    S. Endangered and Threatened Wildlife and Plants - Native to the
        United States

    6. Sample Land Acquisition Easement Agreement

                                         APPENDIX I

                           Estuarine Sanctuary-Guidelines, 1974 and 1977
    0

     45522                                                  PROPOSED  RULES

       DEPARTMENT  OF COMMERCE                 exceed 50 percent of the acquisition costs    (2) By revising Subpart B-Applica-
                                              involved. Any State receiving an Initial  tion for Grants-as follows:
                 Administration                gant shall be obligtedto repay  t i             Subpart B-Application for Grants
                                              due to any fault of the State, the sanctu-
               [ 15 CFR Part'921 ]             ary is not established.                     � 921.10  General.
      ESTUARINE SANCTUARY GUIDELINES              As a result of this new greant procedure.    Section 315 authorizes Federal grants
                                              much more information relating to costs,  to coastal States so that the States may
       Policies and Procedures for Selection   values, management procedures, and re-  establish sanctuaries according to regu-
           Acquisition and Management          search programs will be available at the  lations promulgated by the Secretary.
                                      AGENCY: National Oceanic and Atmos-  time of the publication of a draft en-  Coastal States may file applications for
    AGENCY: National Oceanic and Atment of  vironmental impact statement. Proposals  grants with the Associate Administrator
    pherc Administration, Department of  made public to date in the form of an  for Coastal Zone Management (OCZM),
    Commerce.                                  Environmental Impact Statement (EIS)  Office of Coastal Zone Management, Page
    ACTION: Proposed rule.                     have been criticized for lack of specificity  1, 3300 Whitehaven Parkway, NW, Wash-
    SUMMARY:  This proposed  rule will  in these areas. By making a small pre-  ington, D.C. 20235. That agency which
    allow the National Oceanic and Atmos-  liminary acquisition grant to a State,  has been certified to the Office of Coastal
    pheric Administration to make a pre-  the estuarine sanctuary proposal can be  Zone Management as the entity respon-
    liminary acquisition grant to a State to  more fully developed and the public can  sible for administration of the State
    undertake a fair market value appraisal,  become more aware of the costs and the  coastal zone management program may
    and to develop a uniform relocation act  exact nature of the long-term manage-  either submit an application directly, or
    plan, a detailed management plan and a  ment.                                          must endorse and approve applications
    research framework for a proposed estu-    In response to State questions about  submitted by other agencies within the
    arine sanctuary, developed pursuant to  estuarine sanctuary research, the pro-  State.
    Section 315 of the Coastal Zone Manage-  posed regulations provide that such re-
              ment Act of 1972, as amended. search can be funded if It can be shown 921.11 Application for primina
    ment Act of 1972, as amended.              to be related to program administration.         acquisition grants.
    DATE: Comments must be received on or    NOAA  has reviewed these proposed               (a) A grant may be awarded on a
    before October 1, 1977.                    regulations pursuant to the National En-  matching basis to cover costs necessary
    FOR FURTHER INFORMATION CON-  vironmental Policy Act of 1969 and has  to preliminary actual acquisition of land.
    TACT:                                      determined that promulgation of these  As match to the Federal grant, a State
                                             regulations will have no significant im-  may use money, the cost of necessary
      Robert R. Kffer, Physical Scientist,  pact on the environment.                      services, the value of foregone revenue,
      Policy and Programs Development Of-    Compliance  with  Executive  Order  and/or the value of land either already
      fice, Office of Coastal Zone Manage-  11821. The economic and inflationary  in its possession or acquired by the State
      ment, 3300 Whitehaven Parkway, Page  impact of these proposed regulations has  specifically for use in the sanctuary. If
      One Building. Washington, D.C. 20235  been evaluated in accordance with OMB   the land to be used as match already is
      (202-634-4241).                          Circular A-107 and it has been deter-  in the State's possession and is in a pro-
    SIPPLEMENTARY   INFORMATION:  mined that no major inflationary im-  tected status, the State may use such
    On  June 4, 1974, The National Oce-  pact will result.                                 land as match only to the extent of any
    anic and Atmospheric Administration    Dated: August 26, 1977.                         revenue from the land foregone by the
    (NOAA) published 15 CFa Part 921 en-                                                  State in order to include it in the sanc-
    ttled, "Estuarine Sanctuary Guidelines"                        T. P. GLErITE,          tuary. Application for a preliminary ac-
    pursuant to then section 312 of the                     Assistant Administrator        quisition grant shall be made on form
    Coastal Zone Management Act of 1972,                          for Administration.    SF 424 application for Federal assistance
    as amended, for the purpose of establish-    It is proposed to amend 15 CPR Part  (non-construction programs).
    ing policy and procedures for the selec-  921 as follows:                                (b) A  preliminary acquisition grant
    tion, acquisition, and management of    (1) By revising the table of contents  may be made for the defrayal of the
    estuarine sanctuaries.                     and authority citation to read as follows:  cost of:
      Under new subsection 315(1) of the                   Subpart A--General                (1) An appraisal of the land, or of the
    Act, the Secretary of Commerce is au-  Sec.                                            value of any foregone use of the land,
    thorized to make available to coastal  921.1  Policy and objectives.                   to be used in the sanctuary;
    States grants of up to 50 per centum of  9212   Definitions.
    the cost of acquisition, development, and  921.3  Objectives and I(plementation of    (2) The development of a Uniform
    operation of estuarine sanctuaries. In              the program.                      Relocation Assistance and Real Property
    general, subsection 315(1) provides that  921.4  Biogeographic classificaton.          Acquisition Policies Act plan;
    grants may be awarded to States on a  921.5  Multiple use.                               (3) The development of a sanctuary
                 basis to acquire, develop, and  921.6  Relationship to other provisions of  management plan;
    operate natural areas as estuarine sanc-tuaries                                          (4) The development of a research and
    tuaries in order that scientists and stu-        subpart --Applcatlon or Grants        educational program; and/or,
    dents may be provided the opportunity  921.10 General.                                   (5) Such other activity of a prelimi-
    to examine over a period of time ecologi-  921.11 Application for preliminary acquist-  nary nature as may be approved in writ-
    cal relationships within the area. The              tiOn grants.                       ing by OCZM. Any grant made Pursuant
    purpose of these guidelines is to imple-          Application  for  and  acquisition  to this subsection shall be refunded by
                                                      grants.
    ment this program.                         921.13 Application for operational grants.    the State to whatever extent it has spent
      As a result of two years of program  921.14 Federally-owned lands.                  in relation to land not acquired for the
    implementation, the regulations are pro-           Subpart C-Selection Criteria       sanctuary, and if OCZM requests such
    posed to be modified to specifically au-  921.20 Criteria for selectf r                    e  und.
    thorize  the  granting  of  acquisition  921.21 Publc particiapation should contain:
    money to States in two stages:                                                           (1) Evidence that the State has con-
      (1) An initial grant for such prelimi-              Subpart G-Operation             ducted a scientific evaluation of its estu-
    nary purposes, as surveying and assess- 921.30 General.
    ng the land to bes,     acquiredying and assthe dess-  921.31 Changes in the sanctuary boundary   aries and selected one of those most rep-
    lng the land to be acquired, and the de-            management policy, or research  resentative.
    velopment of management  procedures                 program.                             (2) Description  of  the  proposed
    and research programs: and                 921.32 Program review.                     sanctuary including location, proposed
      (1i) A second grant for the actual ac-    AOuEoarrr: Sec. 315(1), Coastal Zone Man-  boundaries, and size. A map(s) should
    quisition of the land. The Federal share  agement Act of 1972, as amended (90 stat.  be included, as well as an aerial photo-
    of the sum of the two grants shall not  1030, (16 UsE.C. 141) Pub. L. 94-370).        graph if available.

                                   FEDERAL REGISTER, VOL 42, NO, I175-FRIDAY, SEPTMBER 9, 1977

                                                        PROPOSED  RULES                                                  45523

      (3) Classification  of  the  proposed  public domain: fair market value ap-  conflict with the Federal use of their
    sanctuary  according  to  the  biogeo-  praisal and Uniform Relocation Act plan.  lands, such cooperation and coordination
    graphic scheme set forth in � 921.4.         (3) Description of research programs,  is encouraged to the maximum extent
      (4) Description of the major physical,  potential and committed research or-  feasible.
    geographic, biological characteristics and  ganizations or agencies, and benefits to    (c) Section 315 grants may not be
    resources of the proposed sanctuary.      the overall coastal zone management  awarded to Federally-owned lands; how-
      (5) Demonstration of the necessary  program.                                       ever, a similar status may be provided on
    authority to acquire or control and man-     (4) Description of proposed manage-  a voluntary basis for Federally-owned
    age the sanctuary.                        ment techniques, including the manage-  lands under the provisions of the Federal
      (6) Description of existing and poten-  ment agency and proposed budget-in-  Committee  on  Ecological  Perserves
    tial uses of. and conflicts within, the  eluding both State and Federal shares.    program.
    area if it were not declared an estuarine    (5) Description of planned or antici-      921.20 [ Amended]
    sanctuary; and potential use restriction  pated land and water use and controls
    and conflicts if the sanctuary is estab-  for contiguous lands surrounding the    (4) Subpart C-Selection Criteria-is
    lished.                                   proposed sanctuary (including, if appro-  amended by changing the first sentence
      (7) List of protected sites; either with-  priate, an analysis of the desirability of  in � 921.20 to read: "Applications for
    in the estuarine sanctuaries program or  creating a marine sanctuary in adjacent  preliminary acquisition or land acquisi-
    within other Federal, State, or private  areas).                                     tion grants to establish estuarine sanc-
    programs, which are located in the same    (6) Assessment of the environmental,  tuaries will be reviewed and judged on
    region or biogeographic classification.    and socio-economic impacts of declaring  criteria including: "
      (8) The manner in which the State  the area an estuarine sanctuary, includ-    (5) Section 921.21 is revised, as fol-
    solicited the views of interested parties.  ing the economic impact on the sur-  lows:
      (9) In addition to the standard A-95  rounding community and its tax base.
    review procedures. the grant application    (7)  Discussion, including  cost and  � 921.21  Public participation.
    should be sent to the State Historic Pres-  feasibility of alternative methods for ac-    (a) Public participation in the selec-
    ervation Office for comment to insure  quisition and protection of the area.         tion of an estuarine sanctuary is re-
    compliance with section 106 of the Na-  � 921.13  Application   for   operation  quired. In the selection process, the se-
    tional Preservation Act of 1966.               grants                                lecting entity (see � 921.10) shall seek
      (d) In order to develop a truly repre-                                            the views of possibly affected landown-
    sentative scheme of estuarine sanctu-    (a) Although an acquisition grant ap-  ers, local governments,  and  Federal
    aries, the States should coordinate their  plication for creation of an estuarine  agencies, and shall seek the views of pos-
    activities. This will help to minimize the  sanctuary should include initial opera-  sibly interested other parties and orga-
    possibility of rimilar estuarine types be-  tion costs, subsequent applications may  nizations. The latter would include, but
    ing proposed in the same region. The  be submitted following acquisition and  need not be limited to, private citizens
    extent to which neighboring States were  establishment of an estuarine sanctuary  and business, social, and environmental
    consulted should be indicated.            for additional operational funds. As in-  organizations in the area of the site be-
                          921�12Apnfor lan d  dicated In � 921.11. these costs may In-  ing considered for selection. This solici-
     �921.12  Application for land acqusal.  clude administrative costs necessary to  tation of views may be accomplished by
        tion grants.                         monitor the sanctuary and to protect the  whatever  means  the selecting entity
      (a) Acquisition grants will be made to  integrity of the ecosystem. Extensive  deems appropriate, but shall include at
    acquire land and facilities for estuarine  management programs, capital expenses,  least one public hearing in the area. No-
    sanctuaries that have been thoroughly  or research will not normally be funded  tice of such hearing shall nclude  ior-
    described in a preliminary acquisition  by section 315 grants.
    grant application, or where equivalent    (b) After the creation of an estuarine  maton as to the time, place, and sun ect
    information is available. Application for  sanctuary established under this pro-
    an acquisition grant shall be made on  gram, applications (Form SF 424) for  principdal area media. The hearing shall
    SP 424 application for Federal assist- Federal  assistance  (non-construction b       e he  no sooner than 15 days follow-
    ance (construction program).              program), for such operational grants g    publication of notice.
      In. general, lands acquired pursuant to  should include at least the following in-    (b) The Office of Coastal Zone Man-
    this subsection are legitimate costs and  formation:                                 agement (OCZM) shall prepare draft
    their fair market value, developed ac-    (1) Identification of the boundary   and final environmental impact  state-
    cording to Federal appraisal standards,  (map).                                      ments pertaining to the site finally se-
    may be included as match. The value of    (2) Specifications of the research and  lected for the estuarine sanctuary fol-
    lands donated to the State and cash do-  management programs, including man-  lowing public participation in the selec-
    nations may also be used as match. If  aging agency and techniques.                  ton of that site, and shal distribute
    the State already owns land which is to    (3) Detailed budget.                      these as appropriate. OCZM may hod a
    be used in the sanctuary, the value of    (4) Discussion of recent and projected  public hearing in the area of such site at
    any use of the land foregone by the State  use of the sanctuary.                     w     both the draft environmental im-
    in order to include such land in the    (5) Perceived threats to the integrity  pact statement (DEIS) and the merits
                                                                                       those in attendance. OCZM shall hold
    sanctuary, capitalized over the next 20  of tsanctuary.                               thoe in       a       y be  sallresdb
    years, may  be used by the State as  � 921.14  Federally-owned lands.                such a hearing if: (1) In its view, the
    match. The value of lands purchased by
    a State within the boundaries of pro-    (a) Where Federally-owned lands are  DEIS is controversial, or (2) if there ap-
    posed sanctuaries while an application  a part of or adjacent to the area proposed  pears to be a need for further informing
    for a preliminary acquisition grant or  for designation as an estuarine sanc-  the public with regard to either the DEIS
    land acquisition grant is being consid-  tuary, or where the control of land and  or one or more aspects of the site se-
    ered may also be used as match.           water uses on such lands is necessary to  lected, or (3) if such a hearing is re-
      (b) An acquisition application should  protect the natural system within the  quested in writing (to either the select-
    contain the following information:        sanctuary, the State should contact the  ing entity or (CZM) by an affected or in-
      (I) Description of any changes in pro-  Federal agency maintaining control of  terested party, or (4) for other good
    posed sanctuary from that presented in  the land to request cooperation in provid-  cause. If held, such hearing shall be held
    the preliminary acquisition grant appli-  ing coordinated management  policies. no sooner than S0 days following the is-
    cation. If such an application has not  Such lands and State request, and the  suance of the DEIS and no sooner than
    been made, then, information equivalent  Federal agency response, should be iden-  15 days after appropriate notice of such
    to that required in such a grant applica-  tified and conveyed to the Office of  hearing has been given in the area by
    tion should be provided.                  Coastal Zone Management.                  OOZ  .with the assistance of the select-
      (2) Identification of ownership pat-    (b) Where such proposed use or con-  ing entity.
    terns, proportions of land already in the  trol of Federally-owned lands would not    [(RF ocs.Jw-4mS  nud" 08-77;8:45 aml

                                    FEDERAL REGISTER, VOL 42, NO. 175-FRIDAY, SEPTEMUBE 9, 1977

    g 9z0.61                                Title 15-Commerce and Foreign Trade             Chapter IX-National Oceanic, Atmospheric Adm.                             � 921.3
    necessary to the objectives of the grant    (v) For each task, indicate the estl-                Subpart A--Gonoral                9213 Objectives and Implementation of
    project. As used herein the terms  mated total coat. Also, Indicate the es-                                                          the program.
    "cost" and "grant project" pertain to  timnated total months of effort, if any.
                                                                                         �9291.1 Policy and Objectives.             (a) Oeneral. The puros  of the es-
    both the Federal grant and the match-  allocated to the task from the appll-ol
    ing share. The allowability of cost will  cant's staff.                                   The estuarine sanctuaries program   tuarine  sanctuaries  program  Is to
    be determined in accordance with the    (2) The sum of all task costs in the            will provide grants to States on a  create natural  field laboratories In
    provisions of FMC 74-4: Cost Princl-  above paragraph should  equal the                 matching basis to acquire, develop and   which to gather data and make studies
    pies applicable to Grants and Con-  total estimated grant project cost,                 operate  natural  areas as estuarine  of the natural and human processes
    tracts with State and Local Govern-    (3) Using two categories, Profession-            sanctuaries In order that scientists and    ccurri ng within the estuaries of the
                                                                                                                                 coastal zone. This shal be accom-
    ments, and with the guidance con-  al and Clerical, indicate  the total                 students may be provided the opportu-  pcshed  by  the establishment  of a
                                                                                                                                 p!!shed by the establishment of a
    tained in section 920 42(b)(3).          number of personnel in each category           nity to examine over a period of time  series of estuarine sanctuaries which
     (M) The Form SF-424, Application  on the applicant's staff that will be as-           the ecological relationships within the  will be designated so that at least one
    for Federal Assistance (Non-Construc-   signed to the grant project. Also indl-         area. The purpose of these guidelines  representative of each type of estuar-
    tion Programs), constitutes the formal   cate the number assigned full time             is to establish the rules and regula-  ine ecosystem will endure into the
    application and must be submitted 60  and the number assigned less than full            tions for implementation of the pro-  future for scientific and educational
    days prior to the desired grant begin-  time in the two categories. Additional-         gram.                                    purposes. The primary use of estuar-
      The application must be a-  ly, indicate the number of new posi-                                                               Ine sanctuaries shall be for research
    oning date. T    poiao ms                tions created In the two categories as a        921.2 Definitions.                      and educational purposes, especially to
    companied by evidence of compliance   result of the grant project.
    with A-95 requirements including the                                                      (a) In addition to the definitions   provide some of the Information essen-
    resolution of any problems raised by                                                    found in the Act and In the regula-  tial to coastal zone management decl-
    the proposed project. The Associate                                                     tions dealing with Coastal Zone Man- sion-making. Specific examples of such
    Administrator will not accept applica-                GUIDELINES                        agement    Program    Development   purposes and uses include but are not
    tion substantially deficient In adher- Grants published November 29, 1973 limited to:
    ence to A-95 requirements.                          Subpart A--O4n*rw                   (Part 920 of this chapter) the term        (1) To gain a thorough understand-
     (g) In Part IV. Program Narrative of  Sec.                                            "estuarine sanctuary" as defined  n  Ing of  the  ecological  relationships
    the Form SF-424. the applicant should  921.1 Policy and objectives.                     the Act, means a research area which  within the estuarine environment.
    repond to the following requirements:  921.2 DefInitions.                               may Include any part or all of an estu-    (2) To make baseline ecological mea-
     (1) Set forth a work program de-  921.3 Objectives and Implementatlon of              ary. adjoining transitional areas, and   surements.
                         sc~~~~~~~~~~~~~~~~~~~~~ryajibing theactiitionlaeas tb undea-
    scribing the activities to be undertak-     the program.                                adjacent uplands, constituting to the    (3) To monitor significant or vital
    en during the grant period. This work   921.4 Biogeographic classification.                                                      changes in the estuarine environment.
                                           921.6 Multiple use.          extent feasible a natural unit, set asidese
                                                                      haultlpleuse.                                                 ~~~~~~~~~~~~(4) To assess the effects of man's
    program shall Include:                   921.6 Relatlonship to other provisions of      to provide scientists and students the  str      esses on    the ecosyste m and to fore-
     (1) A  precise description of each        the Act and to marine sanctuaries,          opportunity to examine over a period  tan ote   osse    dtfore-
                                                                                                                                 cast and mitigate possible deteriora-
    major task to be undertaken to resolve                                                  of time the ecological relationships
                                                                                                                                 lion from human activities.
    section 306 deficiencies, and a specific      Sbpaot -Appica-u  for m Gronts            within the area.                                o  ro         viies
                                                                                                                                   (5) To provide a vehicle for increas-
    timetable for remedying these deft-  921.10 General.                                     (b) For the purposes of this section.  ig public knowledge and awareness of
                                                                 921.10 General.    ~~~~~~~~~~~~~ing public knowledge and awareness of
    clencles;                                921.11 Application for initial acquisition.    "estuary" means that part of a river or  the complex nature of estuarine sys-
     (11) A precise description of irple-      development and operation grants.           stream or other body of water having   tems. their values and benefits to man
    mentatlon activities for approved man-  921.12 Application for subsequent develop-      unimpaired connection with the open   and nature, and the problems which
    agement components, including a dem-        ment and operation grants.                  sea where the seawater is measurably   confront them.
    onstration that these Implementation  921.13 Federally owned lands.          -diluted with freshwater derived from                 (b) The emphasis within the pro-
    funds will not be applied outside the  921.14 Application time schedule and pro-        land drainage. The term includes estu-  gram will be on the designation as es-
    approved coastal management bound-          cedure.                                     ary-type areas of the Great Lakes as  tuarine sanctuaries of areas which will
    aries;                                          Subpart C--S5llan Cdteida               well as lagoons in more arid coastal re-  serve as natural field laboratories for
     (iii) A  precise description of any                                                   gions.                                   studies and investigations over an ex-
    other tasks necessary for and allow-  921.20 Criteria for selection.                      (c) The term "multiple use" as used  tended period. The area chosen as an
    able under subsection 305(d);            921.21 Public participation. in this section shall mean the simulta-  estuarine  sanctuary  shall,  to  the
     (iv) For each task, identify any
     "Other   eachnties"ask dent id a nyh             Subpart D-Operatlln                  neous utilization of an area or re-  extent feasible. include water and land
    "Other Entities.'  as defined in the               Obcr  -p�ltosource for a variety of compatible pur-  masses constituting a natural ecologi-
    "Manual," that will be allocated re-  921.30 General.                                   poses or to provide more than one  cal unit.
    sponsibility for carrying out all or por-  921.31 Changes in the sanctuary boundary,    benefit. The term Implies the long-    (c) In order that the estuarine sanc-
    tions of the task, and indicate the esti-   mngmn oiyo eerhpo
              tons of the task, and indicate the est-  management policy or research pro-  term, continued uses of such resources  tuary will be available for future stud-
    mated cost of the subcontract for each      grm
                                           921.32 Program review.                         in such a fashion that other uses will
    matedlocation.deify  the sonytract for-  921e32 Prograchreview.                       In such a fashion that other uses will ies. research involving the destruction
    allocation. Identify. if any. that por-                                913Prgareiwnot interfere with, diminish or prevent  of any portion of an estuarine sanctu-
    tion of the task that will be carried    AuaTroTrv: Sec. 312. Pub. L 92-583. as the primary  purpose, which is  the   ary which would permanently alter
    out under contract with consultants   mne  8  tt  2  (  U   18,                          h   ray   ups    wi             s   e
                         out under contract with consultants   amended 86 Stat. 1280 (16 SC 1461).  long-term protection of the area for  the nature of the ecosystem shall not
    and indicate the estimated cost of    Souacr: 39 FR 19924. June 4. 1974, unless         scientific and educational use,          normally be permitted. In the unusual
    such contract(s): and                    otherwise noted.                                                                        circumstances where permitted, ma-

    911.4                                  3Title -15-Commerce and Foreign Trade           Chapter IX-Notlonal Oceanic, Atmospheric Adm.                            � 921.11

    nlpulative field research shall be care-  careous smds, marls and coral reefs; coastal  zone management  and resource use   occasion may establish marine sanctu-
    fully controlled. No experiment which   marshes and mangroves; tropical blota.          anid may on occasion be necessary.        aries to complement the designation
    involves manipulative  research shall    5. LouLtsntanL Northern Gulf of Mexico.        (b) There shall be no effort to bal-  by  States  of estuarine sanctuaries,
    be initiated until the termination date   from Cedar Key to Mexico; characteristics     ance or optimize uses of an estuarine   where this may be mutually beneficial.
              Is specified and evidence given that  of 3. with components of 4; strongly influ-  sanctuary on economic or other bases.
              is  spcifid an evidnce iventhatenced by terrigenous factors'. blots primar-
    the  enviro nment w    i be returned to       enced by terrenous actors bota prmar-     All additional uses of the sanctuary        Subpart B-Application for Grants
                                             Ily temperate.
    condition which existed prior to the    6. Californian. South Pacific coast from        are clearly secondary to the primary
    experiment.                              Mexico to Cape Mendocino; shoreland influ-     purpose and uses, which are long-term   � 921.10 General.
     (d} It is anticipated that most of the  enced by coastal mountains; rocky coasts      maintenance of the ecosystem for scl-    Section   312   authorizes   Federal
    areas selected as sanctuaries will be   with reduced fresh-water runoff; general ab-   entific and educational uses. Non-com- Section 312 authorizes Federal
    relatively undisturbed by human actlv-  sence of marshes and swamps; blota temper-     patible  uses,  Including  those  uses  grants to coastal States so that the
    ities at the time of acquisition. There-   ate.                                        which would cause significant short or  States may  establish sanctuaries a-
                                                                                                                                   cording to regulations promulgated by
    fore, most of the areas selected will be    7 Columbia. North Pacific coast from       long-term ecological change or would   t         crding to regulations promulgated by
    areas with a minimum of development.   Cape Mendocino to Canada; mountainous           otherwise detract from or restrict the   the Secretary. Coastal States may file
              Inutyo aitation. wnof eshoreland; rocky coasts; extensive algal com-         use of the sanctuary as a natural field  applications for grants with the Direc-
    Industry or habitation.                  munitles; biota primarily temperate with      laboratory. will be prohibited.               tor.  ffieof Coastal Zone Manage-
                                                                                                                                   tor. Office of Coastal Zone Manage-
                         Indutry r haitaton.  unites;  lotsprimrilytemprateWith           laboator, wilbbeprohbite.                  metilNtionl Ocanicandtteo.
     (e) If sufficient permanence and con-  some boreal.tmos-
    trol by the State can be assured, the    8. Fiords. South woast Alaska and Aleu-        921.6 Relationship to other provisions of  pheric Administration, U.S. Depart-
    acquisition of a sanctuary may involve  tians; precipitous mountains; deep estuaries,                                             merit of Commerce, Rockville, Mary-
                          less than the acquisition of   a        f      e       e           ~~~~~~~~the act and to marine sanctuaries.
    less than the acquisition of a fee  some with glaciers; shoreline heavily Indent-          theand 20852. That agency which hasM
    simple interest. Such interest may be,  ed and subject to winter icing; blota boreal     (a) The estuarine sanctuary program   been certified to the Office of Coastal
    for example, the acquisition of a con-  to sub-Arctic.,                                must interact with the overall coastal   Zone Management  as the entity re-
    servation   easement,  "development    9. Subarctic. West and north coasts of          zone  management  program  in two   sponsible  for administration of the
              rgtorohrprilitrssuf-Alaska; Ice stressed coasts; blots Arctic and           ways: (1) the intended research use of  State coastal zone management pro-
    rights", or other partial interest suffi-  sub-Arctic.
    dent to assure the protection of the    10. landar. Lauer islands.   sometimes          the sanctuary should provide relevant   gram may either submit an applilca-
    natural system. Leasing, which would with precipitous mountains; considerable          data and conclusions of assistance to  tion directly, or must endorse and ap-
                                                                  artth~~~~~~~~~~~~~~~~~~lo directly, or muutist eonsdorsbeadu-
    not assure permanent protection of  wave action; frequently with endemic spe-          coastal zone  management  decision-  prove applications submitted by other
    the system, would not be an accept-  cles; larger Island groups primarily with         making, and (2) when developed, the   agencies within the State.
    able alternative.                        tropical biots.                               State's coastal zone management pro-
                                              It. Great Laoes. Great Lakes of North       gramin must recognize and be designed   � 921.11  Application for initial acquisition.
    � 921.4 Biogeographic classification.    America; bluff-dune or rocky, glaciated       to protect the estuarine sanctuary; ap-       development and operation pants
               (a) it is Intended that estuarine  shoreline; limited wetlands; freshwater only;  propriate land and water use regula-    (a) Grants may be awarded on a
               sanctuaries s ld not behen at blots a mixture of boreal and temperate       tions  and  planning  considerations  matching basis to cover the costs of ac-
    sanctuaries  should not be chosen at  species with anadromous species and some         must  apply to adacent lands. Al-  quson  development and operation
    random, but should reflect regional   must apply to adjacent lands.                                                         Al- quisition, development and operation
    differentiation and a variety of ecosys-                                               though estuarine sanctuaries should   of estuarine sanctuaries. States may
    diferenstsoaton ande alsinfct variet feoy-
    tems so as to cover all significant vari-   (b) Various sub-categories will be de-     be Incorporated into the State coastal   use donations of land or money to sat-
    atlons. To ensure adequate representa-   veloped and utilized as appropriate.          zone management program, their des-  isfy all or part of the matching cost re-
    tion of all estuarine types reflecting                                                 Ignation need not await the develop-  quirements.
    regional differentiation and a variety  � 921.5 Multiple use.                          ment and approval of the management         (b) In general, lands acquired pursu-
    of ecosystems, selections will be made     (a) While the primary purpose of es-        program where operation of the es-  ant to this section, Including State
    by the Secretary from the following  tuarine sanctuaries is to provide long-           tuarine sanctuary would aid in the de-  owned lands but not State owned sub.
    blogeographic classifications:           term protection for natural areas so          velopment of a program,                   merged lands or bay bottoms, that
                                             that they may be used for scientific           (b) The estuarine sanctuaries pro-  occur within the proposed sanctuary
      1. Arcadoian. Northeast Atlantic coast  and educational purposes, multiple use       gram will be conducted In close coop-  boundary  are  legitimate  costs and
    south to Cape Cod, glaciated shoreline sub-
    south to nCape Cod. acted shoreloine sub-  of estuarine sanctuaries will be en-       ,eration with the marine sanctuaries   their fair market value may be includ-
    iect to winter icing' well developed sialga
    flora, boreal blota.                     couraged to the extent that such use is       program (Title III of the Marine Pro-  ed as match. However, the value of
    nora; boreal biota.cuae  oteetetta  uhueL
     2. Virginan. Middle Atlantic coast from  compatible with this primary sanctu-         tection, Research Act of 1972. Pub. L.  lands donated to or by the State for
    Cape  Cod  to Cape  Hatteras; lowland  ary purpose. The capacity of a given            92-532, which is also administered by   inclusion in the sanctuary may only be
    streams, coastal marshes and muddy bot-  sanctuary to accommodate additional           the Office of Coastal Zone Manage-   used to match other costs of land ac-
    toms; characteristics transitional between 1  uses, and the kinds and intensity of     ment, NOAA), which recognizes that  quisitlon. In the event that lands al-
    and 3; blots primarily temperate with some  such use, will be determined on a case     certain areas of the ocean waters, as  ready exist In a protected status, their
    boreal representatives.                  by case basis. While it is anticipated        far seaward as the outer edge of the  value cannot be used as match for
     3. Carolinian. South Atlantic coast. from   that compatible uses may generally in-   Continental  Shelf, or other coastal  sanctuary development and operation
    Cape Hatteras to Cape Kennedy; extensive   lude activities such as low intensity       waters where the tide ebbs and flows,  grants, which will require their own
    marshes and swamps; waters turbid and pro-
    ductive; blota temperate  with seasonal  recreation  fishing hunting  and wild-        or of the Great  akes and their con-   matching funds.
    tropical elements,                       life observation, it is recognized that       necting waters, need to be preserved or    (lc) Development and operation costs
     4. West Indian. South Forlds coast from   thb exclusive use of an area for scien-     restored for their conservation, recre-  may  include the administrative ex-
    Cape Kennedy to Cedar Key; and Caribbean  tific or educational purposes may pro-       ational, ecologic or esthetic values. It  penses necessary to minitor the sanc-
    Islands; shoreland low-lying limestone; cal-  vide the optimum benefit to coastal      Is anticipated that the Secretary on   tuary, to ensure its continued viability

    1                     921.12           Title 15--Commerce and Foreign Trade         Chapter IX-National Oceanic, Atmospheric Adm.                         � 921.14
    and to protect the integrity of the eco-  gram or within other Federal, State or    and to protect the integrity of the eco-  tions received between January 1 and
    system. Research will not normally be  private programs, which are located in       system. Extensive management pro-  June 30 of any year will be considered
    funded by Section 312 grants. It is an-  the same regional or biogeographic         grams, capital expenses, or research  together beginning July 1 of that year:
    ticipated that other sources of Feder-  classification,                             will not normally be funded by section  applications received between July 1
    al. State and private funds will be    (1) It is essential that the opportuni-      312 grants.                             and December 31 will be considered to-
    available for research in estuarine  ty be provided for public involvement           �b) After the creation of an estuar-  gether beginning January 1 of the fol-
    sanctuaries.                            and input in the development of the          ne sanctuary established under this  lowing year.
     (d) Initial applications should con-  sanctuary proposal and application.         program, applications for such devel-    (b) Al applications received during
    tain the following information:         Where the application is controversial      opment and operation grants should  any application period will be subject
     (1) Description of the proposed sanc-  or where controversial issues are ad-      include at least the following informa-  to simultaneous review and considera-
    tuary include location, boundaries. size  dressed, the State should provide ade-    tion:                                   tion. At the end of each application
    and cost of acquisition, operation and  quate means to ensure that all inter-        (1) Identification of the boundary.    period, a suitable number of applica-
    development. A map should be includ-  ested parties have the opportunity to          (2) Specifications of the manage-   tions, based on the level of funding
    ed, as well as an aerial photograph, if  present their views. This may be in        ment  program,  including  managing  available, will be selected for further
    available.                              the form of an adequately advertised        agency and techniques.                  review and processing. Unless suffi-
     (2) Classification of the proposed  public hearing.                                 (3) Detailed budget.                  ciently distinguished as major subcate-
    sanctuary according to the biogeo-    1ii) During the development of an es-           (4) Discussion of recent and project-  gories, no more than one application
    graphic scheme set forth In � 921.4.    tuarlne sanctuary application, all land-    ed use of the sanctuary.                from each biogeographic category will
     C3) Description of the major physi-  owners within the proposed bound-              (5) Perceived threats to the integrity  be selected for final processing during
    cal, geographic and biological charac-  aries should be Informed in writing of      of the sanctuary.                       each review period. Normally, the ap-
    teristics and resources of the proposed  the proposed grant application.                                                    plications selected will be processed
    sanctuary.                                (iii) The application should indicate     �921.13 Federally owned lands.          and  the  grants awarded  within 6
     (4) Identification of ownership pat-  the manner in which the State solicit-
    terns: proportion of land already in  ed the views of all interested parties          a) Where federally owned lands are    onths from th e end of  the applica-
                         the public domain  prior to the actual submission of the       a part of or adjacent to the area pro-  tion period, that is before the next
     (5) Description of intended research  application.                                posed for designation as an estuarine  review  period  begins.  Applications
                          usespotentia  research organizations Ce)In ordersanctuary, or where the control of  which are not selected for processing
    uses, potential research organizations    (el In order to develop a truly repre-    land and water uses on such lands is  may be resubmitted for consideration
    or agencies and benefits to the overall  sentative scheme of estuarlne sanctu-       n     e      cessary  to protect  the  natural   during the next review period.
    coastal zone management program.        aries, the States should attempt to co-     system within      the s anc tuary,   the State  A   t  eninety (0) days prio r to
                          C6)  emontraion  f ncessry  u-  odinte teiractiitis, Tis ill elp system within the sanctuary, the State    Cc) At least ninety (90) days prior to
      (6l Demonstration of necessary au-  ordinate their activities. This will help     should contact  the Federal agency  submission  of an application under
    thority to acquire  or control and   to minimize the possibility of similar         m     aintaining control of the land to re-  this section    an applicant  state must
                                                                                        maintaining control of the land to re- this section, an applicant state must
    manage the sanctuary.                   estuarine types being proposed  for         quest cooperation In providing coordi-  notify in writing the OCZM, appropri-
      (7) Description of proposed manage-   designation In the same region. The         nated  management  policies.  Such   ate state and regional A-95 clearing-
    ment techniques, including the man-   application should indicate the extent        lands and State request, and the Fed-   houses, and other states within the
    agement agency, principles and pro-  to which neighboring States were con-          eral agency response, should be identi-  same  biogeographic  category  (see
    posed budget including both State and  suited.                                      fled and conveyed to the Office of  Table 1) of its intention to file an ap-
    Federal shares.                          Cf) Discussion, including cost and        Coastal Zone Management.                 plication for an estuarlne sanctuary
      (8) Description of existing and po-  feasibility, of alternative methods for       (b) Where such proposed use or con-  grant. Such  notification should in-
    tential uses of and conflicts within the  acquisition, control and protection of   trol of federally owned lands would  elude at least the identification of the
    area if it were not declared an estuar-  the area to provide similar uses. Use of  not conflict with the Federal use of  state agency applying for the grant;
    ince sanctuary; potential use, use re-  the marine sanctuary authority and         their lands, such cooperation and co-  the geographic location of the pro-
    strictions and conflicts if the sanctu-  funds from the Land and Water Con-        ordination is encouraged to the maxi:  posed sanctuary and its boundaries:
    ary is established.                     servation Fund Act should be specifi-      mum extent feasible.                     proposed objectives of the sanctuary,
      (1) Assessment of the environmental  cally addressed.                              (c) Section 312 grants may not be  including intended research uses: esti-
    and socio-economic impacts of declar-                                              awarded to federal agencies for cre-  mated cost of sanctuary; and estmat-
    ing the area an estuarine sanctuary,  �921.12 Application for subsequent devel-    aw        o  ea     ancies       ce-       ate  os        of       an iat-
    including the economic impact of such      opment and operation grants.
                                                       Incudigtectand operation grants.  ation of estuarine sanctuaries in Fed-  ed date for submission of application.
                                                                                        e orally owned lands; however, a similar  Copies of the A-95 notifications to the
    a designation on the surrounding com-    (a) Although the initial grant appli-     status may be provided on a voluntary  state  and  regional  clearinghouse
    munity and its tax base.               cation for creation of an estuarine         basis for Federally owned lands under  would be considered sufficient and de-
      (9) Description of planned or antici-  sanctuary should Include initial devel-   the provisions of the Federal Commit-  sirable notification to OCZM and to
    pated land and water use and controls  opment and operation costs. subse-          tee on Ecological Preserves program.    the other states.
     for contiguous lands surrounding the  quent applications may be submitted
     proposed sanctuary (including if ap-  following acquisition and establish-         �921.14 Application time schedule and   TABLE 1-LIST OF STATES BY BIOCEOGRAPHIC
     propriate an analysis of the desirabil-  ment of an estuarine sanctuary for ad-       procedure.                                        CLASsIIcATION
     ity of creating a marine sanctuary in  ditional development and operation            (a) Effective January 1, 1975, the    1 Acadian-Maine. New Hampshire, Mas-
     adjacent areas).                       funds. As indicated in � 921.11. these      review and selection of estuarine sanc-  sachusetts.
      (10) List of protected sites, either  costs may include administrative costs     tuary applications  will be conducted    2. Vrinian-Mas    sachusetts    Rhode
                                                       wti   h  rto monitor the sanctuary tuar y applications will be conducted    2.  Virginian-Massachusetts.   Rhode
     within the estuarine sanctuaries pro-  necessary                  to monitor the sanctuary on a twice yearly basis. All applica-  Island. Connecticut. New York. New Jersey.

                                 f         b                                                                                t

    � 921.20                                Title 15-Commerce and Foreign Trade          Chapter IX-National Oceanic, Atmospheric Adm.                          � 921.32
    Delaware. Maryland. Virginia, North Carolil-  ed that In practice the average grant  tuary program shall be notified of the    (h) Provide adequate authority and
    np.                                     will be substantially less than this.        public hearing. The public notice shall  intent to enforce management policy
     3. Carolinian-North  Carolina. South    (e) Enhancement of non-competitive         contain the name, address and phone   and use restrictions.
    CamlIna. Georgia, Plorida,
               Caa. Wet dianFlorida,  ut    uses.                                       number of the appropriate  Federal
     4. West Indlan--Florlda. Puerto Rico,
    Virgin Islands.                           (f) Proximity and access to existing       and State officials to contact for addi-    921.31 Changes in the sanctuary bound-
     5. Louislanlan--Florida, Mississippi. Ala-  research facilities.                   tional information about the proposal.       ary, management policy or research
    bama.                                     (g) Availability of suitable alterna-                                                   program.
     6. Callfornlan-Calfornls.              tive sites already  protected  which
     1. Columbian-California. Oregon. Wash-  might be capable of providing the                  Subpart 0-Operation                (a) The approved sanctuary bound-
    Inston.                                                                                                                       aries; management policy, Including
              ~I~~ng~ton.  ~same use or benefit. Unnecessary du-                                                                  aries; management  policy, including
     8. Fiord-Alaska.                       plication of existing activities under      �921.30 General.                         permissible and prohibited uses; and
     9. Sub-Arctic-Alaska.                  other programs should be avoided.             Management of estuarine sanctuar-   research  program   may   only   be
     to. Insular-Hawaii.  Guam, American  However, estuarine sanctuaries might          ies shall be the responsibility of the  changed after public notice and the
    Samoa.
    samog.                                                                                                                        opportunity of public review and par-
     11. Great Lakea--Minnesota. Wisconsin,  be established adjacent to existing        applicant State or its agent However,
    Michigan. Illinois, Indiana. Ohio, Pennayl.  preserved lands where  mutual  en-     the research uses and management   ticipation such as outlined in  92121.
    vanla. New York.                        hancement or benefit of each might          program must be in conformance with    (b)  Individuals  or  organizations
                                            occur,                                      these guidelines and regulations, and   which are concerned about possible
     (d) The Director of OCZM  may,    (h) Conflict with existing or poten-             others implemented by the provisions impr oper use  or restriction of use of
    upon the finding of extenuating r-  competing userants. It is suggested  estuarine sanctuaries may petition the
    cumrstances relating to applications for                                                                                       tis   mpge        tged
             assistance, waive appropriate aminis  (i) Compatibility with existing or   that prior to the grant award. repre-  State management  agency and  the
                                   assistance, waive appropriate admlnls-                                                        Office of CSt a te mane  agmntagemncyad te
    traive requirements contained hereIn.  proposed land and water use in contig-       sentatives of the proposed sanctuary   Office of Coastal Zone Management
                                            uous areas.                                 management team and the Office of  directly for review of the management
    [39 PR 45214. Dec. 31, 19741            If the initial review demonstrates the      Coastal Zone Management meet to dis-  program.
                                                       I~~~~~~~~~Cata Zone Mantag  emient dmeetatods- proram
                                            feasibility of the application, an envil-   cuss management  policy and stand-
        Subpart C--Selction Criteria        ronmental impact statement will be          ards. It is anticipated that the grant     91.32  Promr        .
                                            prepared by the Office of Coastal           provisions will vary with individual clr-    It is anticipated that reports will be
    921.20 Criteria for selection.          Zone Management In accordance with          cumstances  and  will  be  mutually  required from the applicant State on a
     Applications for grants to establish  the National  Environmental  Policy         agreed to by the applicant and the  regular basis, no more frequently than
    estuarlne sanctuaries will be reviewed  Act of 1969 and implementing CEQ            granting agency. As a minimum, the  annually, on the status of each estuar-
    and Judged on criteria including:       guidelines.                                 grant document for each sanctuary   Ine sanctuary. The estuarine sanctu-
     (a) Benefit tothe coastal zone man-                                               shall:                                    ary program will be regularly reviewed
                                   agement~~~~~~~~~~~~~~~~~~~~~~~~~~~~r program. Apliaioshuld be2.2 reublartly   reviewedall
    agement program. Applications should �921.21 Public participation.                    (a) Define the intended research   to ensure that the objectives of the
    demonstrate the benefit of the propos-    Public participation will be an essen-    purposes of the estuarine sanctuary.      program are being met and that the
    al to the development or operations of  tial factor in the selection of estuarine     (b) Define permitted, compatible. re-  program itself is scientifically sound.
    the overall coastal zone management   sanctuaries. In addition to the partici-      strlcted and prohibited uses of the  The key to the success of the estuar-
    program, including how well the pro-  pation during the application develop-        sanctuary.                                ine sanctuaries program is to assure
    posal fits into the national program of  ment process ( 921.11(e)), public par-       (c) Include a provision for monitor-  that the results of the studies and re-
    representative estuarine types; the na-  ticlpation will be ensured at the Feder-   Ing the uses of the sanctuary, to  search conducted In these sanctuaries
    tional or regional benefits; and the  al level by the NEPA process and by           ensure compliance with the intended  are available in a timely fashion so
    usefulness in research.                 public hearings where desirable subse-   uses.                                       that the States can develop and ad-
     (bl The ecological characteristics of  quent to NEPA. Such public hearings          (d) Ensure ready access to land use   minister land and water use programs
    the ecosystem, Including its biological  shall be held by the Office of Coastal                                              for the coastal zone. Accordingly, all
    productivity, diversity and represents-  Zone Management in the area to be af        f the sanctuary by scientists, stu-
    tiveness. Extent of alteration of the  fected by the proposed sanctuary no          dents and the general public as desir-  information  and  reports, including
    natural system, Its ability to remain a  sooner than 30 days after It issues a      able and permissible for coordinated  annual reports, relating to estuarine
    viable and healthy system in view of  draft environmental impact statement          research and education uses, as well as  sanctuaries shall be part of the public
    the present and possible development  on the sanctuary proposal. It will be         for other compatible purposes.           record and available at all times for In-
    of external stresses.                   the responsibility of the Office of           (el Ensure public availability and  spection by the public.
      lc) Size and choice of boundaries. To   Coastal Zone Management, with the         reasonable distribution of research re-
    the extent feasible, estuarine sanctu-  assistance of the applicant State, to       suits for timely use in the develop-    PART 922-MARINE SANCTUARIES
    aries should approximate a natural  issue adequate public notice of its in-         ment of coastal zone management pro-
    ecological unit. The minimal accept-  tention to hold a public hearing. Such        grams.                                              Subpart A-G-enmral
    able size will vary greatly and will  public  notice  shall  be  distributed          (fI Provide a basis for annual review
    depend on the nature of the ecosys-  widely, especially in the area of the          of the status of the sanctuary. its  Sec.
    tem.                                    proposed sanctuary; affected property       value to the coastal zone program.       922.1 Policy and objectives.
      (d) Cost. Although the Act limits the  owners and those agencies. organiza-         (g) Specify how the integrity of the  922.2 Programmatic objectives.
    Federal share of the cost for each   tions or individuals with an Identified        system  which  the sanctuary  repre-
    sanctuary to $2,000,000, it is anticipat-  interest in the area or estuarine sane-    sents will be maintained.

                                                        APPENDIX 2

                              TITLE 7

             DEPARTMENT OF ENVIRONMENTAL
                          PROTECTION

            SUBTITLE B.   DIVISION OF PARKS AND FORESTRY

    NOTE:  The complete content of this text was too voluminous
          to include in the DEIS. Readers that require specific
          sections of this authority are requested to contact:
          Mr. Richard Kantor, NJ DEP, Division of Coastal Resources
          CN 401, Trenton, New Jersey 08625.

        (8878)

                                       CIIAPTER 2

                               STATE PARK SERVICE

                                          Authority
          Unless otherwise expressly noted, all provisions of this chapter were adopted by the
    Department of Environmental Protection pursuant to authority delegated at N.J.S.A.
    13:8-20 et seq. and were filed and became effective prior to September 30, 1969.

                           Executive Order 66(1978) Expiration Date
                           Thllis chapter shall expire on July 13, 1983.

                           CHAPTER TABLE OF CONTENTS

    SUBCHAPTER 1. GENERAL PROVISIONS
    7:2-1.1       Short title
    7:2-1.2       Scope
    7:2-1.3       Construction
    7:2-1.4       Practice where rules do not govern
    7:2-1.5       (Reserved)

    SUBCHAPTER 2. GENERAL USE
    7:2-2.1       Purpose
    7:2-2.2       Designation of land use
    7:2-2.3       Limitation of park use
    7:2-2.4       Posting
    7:2-2.5       Commercial use
    7:2-2.6       Alcoholic beverages
    7:2-2.7       Dumping/littering
    7:2-2.8       Furred animals and pets
    7:2-2.9       Exemption of seeing eye and hunting dogs
    7:2-2.10      Damage to public property
    7:2-2.11      Conduct
    7:2-2.12      Fires
    7: 2-2.13     Charges
    7:2-2.14      Speed limits
    7:2-2.15      Parking
    7:2-2.16      Military use
    7:2-2.17      Metal detectors
    7:2-2.18      Target practice

    SUBCHAPTER 3. MOTORIZED VEHICLES
    7:2-3.1       Identification and license
    7:2-3.2       Unauthorized motorized vehicles
    7:2-3.3       Conformance to State laws
    7:2-3.4       Restrictions
    7:2-3.5       Snowmobiles
    7:2-3.6       (Reserved)

                                           2-1
    (45359)                                                                       Supp. 1-18-79

    SUBCI I.XPI't R 4.    1ILUJNTIN(G, IISIIING AND TRAPPING
    7:-24.1       Restrictions

    SUBCHAPTER 5. OCEAN PARKS
    7:2-5.1       Trespassing
    7:2-5.2       Entry by boat
    7:2-5.3       Fires
    7:2-5.4       Camping
    7:2-5.5       Surf boarding

    SUBCHAPTER 6.  SCUBA AND SKIN DIVING
    7:2-6.1       Restrictions

    SUBCHAPTER 7.  OVERNIGHT FACILITIES
    7:2-7.1       Definition
    7:2-7.2       (Reserved)
    7:2-7.3       (Reserved)
    7:2-7.4       Maxinmlum occupancy
    7:2-7.5       Group camping
    7:2-7.6       Vehicle limit
    7:2-7.7       Visitors
    7:2-7.8       Wilderness campsites
    7:2-7.9       Assignment
    7:2-7.10      Occupation of site
    7:2-7.11      Re-registration
    7:2-7.12      Additional stay
    7:2-7.13      Reservations
    7:2-7.14      Cancellations and refunds

    SUBCHAPTER 8.  BOATING
    7:2-8.1       Launching
    7:2-8.2       Motorboats prohibitions
    7:2-8.3       Motorboats permitted
    7:2-8.4       Sailboats
    7:2-8.5       Use of ramps
    7:2-8.6       Bathing areas
    7:2-8.7       Swimming from boats
    7:2-8.8       Round Valley and Spruce Run boating restrictions
    7:2-8.9       Boat storage
    7:2-8.10      Ice boating
    7:2-8.11      Towing behind boats

    SUBCHAPTER 9. GROUP USE
    7:2-9.1       Reservation requirements
    7:2-9.2       Failure to make reservation
    7:2-9.3       Adult supervision
    7:2-9.4       Responsible person
    7:2-9.5       Roster
    7:2-9.6       Buses

                                          2-2
    (45360)                                                                         Supp. 1-18-79

     SU CI11APTER  10.    BATIHING
     7:2-10.1        Supervised bathing
     7:2-10.2       Camper beaches

     SUBCHAPTER 11. NATURAL AREAS AND TIE NATURAL AREAS
                            SYSTEM
     7:2-11.1        Scope
     7:2-11.2        Definitions
     7:2-11.3       Standards for evaluating lands and waters for inclusion into the System
     7:2-11.4        Land classification of natural areas
     7:2-11.5       Management of natural areas
     7:2-11.6       Procedures for application and conducting research
     7:2-11.7        Limitation of natural area use
     7:2-11.8        Designation of natural areas land use
     7:2-11.9        Hunting and fishing
     7:2-11.10      Overnight facilities
     7:2-11.11      Hiking
     7:2-11.12       Furred animals and pets
     7:2-11.13       Swimming
     7:2-11.14       Rowboating and canoeing
     7:2-11.15       Posting
     7:2-11.16       Easement and other nonconforming uses
     7:2-11.17       Damage to public property
     7:2-11.18       Dumping
    7:2-11.19      Construction
    7:2-11.20       Enforcement of rules and regulations
    7:2-11.21       Registry of Natural Areas
    7:2-11.22       Designated natural areas

    SUBCHAPTER 12. EQUESTRIAN USE
    7:2-12.1        Designated areas

    SUBCHAPTER 13. STATE MARINAS
    7:2-13.1        Scope
    7:2-13.2        Berthing
    7:2-13.3       Marina regulations

    SUBCHAPTER 14. (RESERVED)

    SUBCHAPTER 15. (RESERVED)

    SUBCHAPTER 16. ISLAND BEACH STATE PARK
    7:2-16.1        Scope
    7:2-16.2        Beach buggy permits
    7:2-16.3        Permit to fish
    7:2-16.4        Speed limit
    7:2-16.5        Park hours
    7:2-16.6        Permit revocation

                                          2-3
    (45361)                                                                          Supp. 1-18-79

                                                              APPENDIX 3

                            TITLE 7
          DEPARTMENT OF ENVIRONMENTAL
                       PROTECTION

      SUBTITLE E.   DIVISION OF FISH, GAME AND
                   SI IELLFISH ERIES

    NOTE:  The complete content of this text was too voluminous
          to include in the DEIS. Readers that require specific
          sections of this authority are requested to contact:
          Mr. Richard Kantor, NJ DEP, Division of Coastal
          Resources, CN 401, Trenton, New Jersey 08625.

      (9235)

                                      C1tAPTFR 25

              DIVISION OF FISIH, GAME AND SIIELLFISIFRIES

                                          Authority
          Unless otherwise expressly noted, all provisions of this chapter were adopted by the
     Department  of Elviro:miental  Protection pursuant to authority delceated at N.J.S.A.
     13: 1B-30 et seq., N.J.S.A. 23:1-1 et seq., and N.J.S.A. 23:4-28, and were filed and became
     effective before September 1, 1969.

                            CHAPTER TABLE OF CONTENTS

     SUBCHAPTER 1. GENERAL PROVISIONS
     7:25-1.1        Scope
     7:25-1.2        Construction
     7:25-1.3        Practice where rules do not govern
     7:25-1.4        Definitions
     7:25-1.5        Fee schedule
     7:25-1.6        Shellfish license revocation schedule

     SUBCHAPTER 2. USE OF ALL LAND AND WATER AREAS
                           UNDER THE CONTROL OF TIIE DIVISION
                           OF FISH, GAME AND SIIELLFISHERIES
     7:25-2.1        Cutting or damaging vegetation
     7:25-2.2        All motor vehicles
     7:25-2.3        Drug and marijuana
     7:25-2.4        Alcoholic beverages
     7:25-2.5        Restricted areas and hours
     7:25-2.6        Division fish hatcheries
     7:25-2.7        Outboard motors
     7:25-2.8        Horseback riding
     7:25-2.9        Swimming
     7:25-2.10       Camping
     7:25-2.11       Picnicking
     7:25-2.12       Target practice
     7:25-2.13       Daily use permit
     7:25-2.14       Field trial activities
     7:25-2.15       Rental of clubhouses
     7:25-2.16       Revocation
     7:25-2.17       Securing permits
     7:25-2.18       (Reserved)
     7:25-2.19       Restricted access to Lake Musconetcong

     SUBCHAPTER 3. USE OF MECHANICAL NOISEMAKING DEVICES
     7:25-3.1        Procedure for securing permit
     7:25-3.2        Devices
     7:25-3.3        Standards on distance
     7:25-3.4        Hours of operation
     7:25-3.5        Revocation

                                         25-1
    (52585)                                                                          Supp. 1-17-80

     SUBCHAPTER 4. NONGAME AND EXOTIC WILDLIFE
     7:25-4.1        Definitions
     7:25-4.2        Permit required
     7:25-4.3        Exotic species and nongame species
     7:25-4.4        Exempted species
     7:25-4.5        Additional species
     7:25-4.6        Categories of permits, expiration, fees, sales receipts required,
                  records and reports required
     7:25-4.7        General possession criteria
     7:25-4.8        Potentially dangerous species
     7:254.9         Criteria for possession of potentially dangerous species
     7:25-4.10       Endangered species prohibited
     7:25-4.11       Miscellaneous provisions
     7:25-4.12       Notice of denial of permit, procedure, review, time limitation,
                  hearing

     SUBCHAPTER 5. GAME CODE

     SUBCHAPTER 6. FISH CODE

     SUBCHAPTER 7. CONDEMNATION OF CERTAIN SHELLFISH BEDS
     7:25-7.1        (Reserved)
     7:25-7.2        Oyster seed beds
     7:25-7.3        Conservation order; effective March 28, 1973
     7:25-7.4        (Reserved)
     7:25-7.5        (Reserved)
     7:25-7.6        (Reserved)
     7:25-7.7        (Reserved)
     7:25-7.8        (Reserved)
     7:25-7.9        (Reserved)
     7:25-7.10       (Reserved)
     7:25-7.11       Mussels
     7:25-7.12       (Reserved)
     7:25-7.13       Crab dredging

     SUBCHAPTER 8. CLAM DREDGING
     7:25-8.1        Clam dredging

     SUBCHAPTER 9. RESOLUTIONS OF COUNCIL
     7:25-9.1        Taking of hard clams
     7:25-9.2        (Reserved)
     7:25-9.3        (Reserved)
     7:25-9.4        Designation of scallop season
     7:25-9.5        (Reserved)
     7:25-9.6        (Reserved)

     SUBCHAPTER 10. RESOLUTIONS OF THE MAURICE RIVER COVE
                             SHELLFISHERIES COUNCIL
     7:25-10.1         Resolutions dated September 19, 1973; deck screens and sieves

                                         25-2
    (52586)                                                                             Supp.  1-17-80

                                                                            7:25-1.2

    SUBCHAPTER 11. ENDANGERED SPECIES
    7:25-11.1       List of endangered species
    7:25-11.2        Requirements for possession of wildlife species
    7:25-11.3       Protection of animal and welfare of public
    7:25-11.4       Violations

    SUBCHAPTER 12  SEA CLAMS
    7:25-12.1       Preservation of sea clams resource in New Jersey
    7:25-12.2       Temporary sea clam opening: Ocean County
    7:25-12.3       Sea clam area closing
    7:25-12.4        (Reserved)
    7:25-12.5        (Reserved)

    SUBCHAPTER 13.  LEASED TIDAL GROUNDS
    7:25-13.1        Marking of leased tidal grounds; Delaware River and Bay

    SUBCHAPTER 14. CRAB POTS; DELAWARE BAY
    7:25-14.1        Scope
    7:25-14.2       Crab pots defined
    7:25-14.3        Use of crab pots
    7:25-14.4       Hours for fishing
    7:25-14.5       Commercial licenses; effective January 1, 1978
    7:25-14.6        Noncommercial licenses; effective January 1, 1978
    7:25-14.7        Placement and marking of pots
    7:25-14.8        Filing of reports
    7:25-14.9       Penalties

    SUBCHAPTER 15. CLAM RELAY PROGRAM
    7:25-15.1        Relay of hard clams

    SUBCHAPTER 16.  DEFINING FISHING LINES
    7:25-16.1       Defining lines upstream of which license is required to fish
                  with handline, rod and line or long bow and arrow

    SUBCHAPTER 1. GENERAL PROVISIONS

    7:25-1.1   Scope
          Unless otherwise provided, the following shall constitute supplements to
    the statutes governing fish and game laws.

    7:25-1.2 Construction
          These rules shall be liberally construed to permit the department, the
    Division of Fish, Game and Shellfisheries and its various agencies to discharge its
    statutory functions.

                                        25-3
    (52587)                                                                       Supp. 1-17-80

                                                                   APPENDIX 4

    ENDANGERED, THREATENED, PERIPHERAL, DECLINING, UNDETERMINED AND EXTIRPATED

                         WILDLIFE SPECIES IN NEW JERSEY

                                - Official List -

                               STATE OF NEW JERSEY

                     DEPARTMENT OF ENVIRONMENTAL PROTECTION

                    DIVISION OF FISH, GAME AND SHELLFISHERIES

                                   Prepared by:

                      Endangered and Nongame Species Project

                                            ussell A.  Cookingham
                                            Director

                                            March 29, 1979

    Nomenclature References

                                        FISH

                  American Fisheries Society 1960. "A List of Common
                  and Scientific Names of Fishes from the United States
                  and Canada." 2nd Edition Baltimore. Waverly Press, Inc.

                               REPTILES AND AMPHIBIANS

                  Conant, Roger 1975. "A Field Guide to Reptiles and
                  Amphibians of Eastern and Central North America."
                  2nd Edition Boston: Houghton Miflin Company

                                        BI RDS

                  American Ornithologists' Union 1957. Checklist of
                  North American Birds. 5th Edition Baltimore:
                  American Ornithologists' Union

                                       MAMMALS

                   Hall, E. Raymond, and Keith R. Kelson 1959. "The
                  Mammals of North America." 2 Volumes.
                  New York: Ronald Press

                                   ACKNOWLEDGEMENTS

    Appreciation is hereby expressed to the following for their freely offered
    expert advice and suggestions:

                                         FISH

    Kenneth Able - Associate Professor of Biology, Rutgers University, New Brunswick

    Paul E. Hamer - Principal Biologist, Bureau of Fisheries Management,
                    Division of Fish, Game and Shellfisheries

    Robert Hastings - Associate Professor of Biology, Rutgers University, Camden

    John F. McClain - Assistant Biologist, Bureau of Fisheries Management,
                      Division of Fish, Game and Shellfisheries

    Walter S. Murawski - Principle Fisheries Biologist, Bureau of Fisheries Management
                         Division of Fish, Game and Shellfisheries

    John B. Pearce - Chief, Division of Environmental Assessment, National Marine
                     Fisheries Service, Northeast Fisheries Center, Sandy Hook
                     Laboratory

    A. Bruce Pyle - Chief, Bureau of Fisheries Management,
                    Division of Fish, Game and Shellfisheries

                                AMPHIBIANS AND REPTILES

    Irving H. Black     -    Superintendent of Science Department, Newark Museum

    Roger Conant         -    Adjunct Professor of Biology, University of New Mexico

    Kenneth Gosner       -    Curator of Zoology, Newark Museum

    Joseph M. Pylka      -    Auditory Research Lab, Princeton University

    Richard Ryan         -    Director, Turtle Back Zoo, West Orange, New Jersey

    Raymond J. Stein    -    Curator of Science, New Jersey State Museum

    Robert T. Zappalorti -   Executive Director, Herpetological Associates,
                              Staten Island, New York

    J. Kevin Bowler       -   Curator of Reptiles, Philadelphia Zoological Gardens

                                         -2-

                                         BIRDS

    Irving H. Black     -    Newark Museum

    Ernest A. Choate    -    Ornithologist, Cape May

    A. Morton Cooper    -    Dover Township Environmental Commission

    Frank B. Gill       -    Director of Systematics and Evolutionary Biology
                             Philadelphia Academy of Natural Sciences

    Richard Kane        -    Director, Scherman Sanctuary, New Jersey Audubon Society

    Charles F. Leck     -    Assistant Professor, Department of Zoology,
                             Rutgers University

    Richard Ryan        -    Director, Turtle Back Zoo, West Orange, New Jersey

                                        MAMMALS

    Julia Chase - Professor of Biology, Barnard College

    John J. McManus - Assistant Professor of Biology, Fairleigh Dickenson
                      University

    Robert Schoelkopf - Director, Marine Mammal Stranding Center, Atlantic City

    Raymond J. Stein -  Curator of Science, New Jersey State Museum

    Frederick A. Ulmer, Jr. - (Retired) Curator of Mammals, Philadelphia
                              Zoological Gardens

    Steven Viola - Assistant Curator of Mammals, Philadelphia Zoological Gardens

                                        GENERAL

    James E. Applegate - Assistant Professor of Wildlife Biology,
                         Rutgers University

    Robert E. Eriksen - Assistant Wildlife Biologist, Bureau of Wildlife Management,
                        Division of Fish, Game and Shellfisheries

    George P. Howard - Chief, Bureau of Wildlife Management, Division of Fish,
                       Game and Shellfisheries

    Ichthyological Associates - Marine ecological studies

    Robert C. Lund - Principal Biologist, Research Supervisor, Bureau of Wildife
                     Management, Division of Fish, Game and Shellfisheries

    Jack McCormick and Associates, Inc. - Ecological Conservation Association

    Joseph Penkala - Assistant Wildlife Biologist, Project Leader, Upland Game,
                     Bureau of Wildlife Management, Division of Fish, Game and
                     Shellfisheries

                                          -3-

                                      DEFINITIONS

    ENDANGERED     -    An endangered species is one whose prospects for
                        survival within the state are in immediate danger
                        due to one or many factors - a loss of or change
                        in habitat, over exploitation, predation, competi-
                        tion, disease. An endangered species requires
                        immediate assistance or extinction will probably
                        follow.

    THREATENED      -    May become endangered if conditions surrounding
                        the species begin to or continue to deteriorate.

    PERIPHERAL     -    A species whose occurence in New ~Jersey is at the
                        extreme edge of its present natural range.

    UNDETERMINED   -    A species about which there is not enough informa-
                        tion available to determine the status.

    DECLINING      -    A species which has exhibited a continued decline in
                        population numbers over the years.

    EXTIRPATED     -    A species that formerly occurred in New ~Jersey, but
                        is not now known to exist within the state.

    SPECIAL CASE   -    Species not known to nest regularly in New Jersey (marine
                        reptiles) but that do occur off our shores - some occurring
                        with regularity close to our shores-or in our bays (marine
                        reptiles and mammals).

                                          -4-

                           ENDANGERED SPECIES IN NEW JERSEY

                                          FISH

    Shortnose Sturgeon                                  Acipenser brevirostrum

                                       AMPHIBIANS

    Tremblay's Salamander                               Ambystoma tremblayi
    Blue-spotted Salamander                             Ambystoma laterale
    Eastern Tiger Salamander                            Ambystoma tigrinum
    Pine Barrens Treefrog                               Hyla andersoni
    Southern Gray Treefrog                              Hyla chrysoscelis

                                        REPTILES

    Bog Turtle                                          Clemmys muhlenbergi
    Timber Rattlesnake                                   Crotalus horridus horridus

                                         BIRDS

    b Bald Eagle                                        Haliaeetus leucocephalus
      Peregrine Falcon                                  Falco peregrinus
    b Osprey                                            Pandion haliaetus
    b Cooper's Hawk                                     Accipter cooperii
    b Least Tern                                        Sterna albifrons
    b Black Skimmer                                     Rynchops niger

                                         MAMMALS

    Indiana Bat                                         Myotis sodalis

    SPECIAL CASE

                                     MARINE REPTILES

    Atlantic Hawksbill                                   Eretmochelys imbricata
    Atlantic Loggerhead                                 Caretta caretta
    Atlantic Ridley                                     Lepidochelys kempi
    Atlantic Leatherback                                 Dermochelys coriacea

                                     MARINE MAMMALS

    Sperm Whale                                         Physeter macrocephalus
    Blue Whale                                          Balaenoptera musculus
    Fin Whale                                           Balaenoptera physalus
    Sei Whale                                           Balaenoptera borealis
    Humpback Whale                                      Megaptera novaeanqliae
    Atlantic Right Whale                 Eubalaena glacialis

    b = breeds in New Jersey

                                           -5-

                           THREATENED SPECIES IN NEW JERSEY

                                          FISH

    Atlantic Sturgeon                                   Acipenser oxyrhynchus
    American Shad                                       Alosa sapidissima
    Brook Trout (native)                                Salvelinus fontinalis
    Atlantic Tomcod                                     Microqadus tomcod

                                       AMPHIBIANS

    Long-tailed Salamander                              Eurycea longicauda
    Eastern Mud Salamander                              Pseudotriton montanus

                                        REPTILES

    Wood Turtle                                         Clemmys insculpta
    Corn Snake                                          Elaphe guttata
    Northern Pine Snake                                 Pituophis melanoleucus melanoleucus

                                           BIRDS

    b Pied-billed Grebe                                 Podilymbus podiceps
    b Great Blue Heron                                  Ardea herodias
    b Red-shouldered Hawk                               Buteo lineatus
    b Marsh Hawk                                        Circus cyaneusl
      Merlin                                            Falco columbarius
    b Upland Sandpiper (Plover)                         Bartramia lonqicauda
    b Roseate Tern                                      Sterna douqallii
    b Barred Owl                                        Strix varia
    b Short-eared Owl                                   Asio flammeus1
    b Red-headed Woodpecker                             Melanerpes erythrocephalus
    b Cliff Swallow                                     Petrochelidon pyrrhonota'
       Short-billed Marsh Wren                           Cistothorus platensis
     b Bobolink                                          Dolichonyx oryzivorus1
     b Savannah Sparrow                                  Passerculus sandwichensis1
     b Ipswich Sparrow                                   Passerculus sandwichensis princeps
     b Grasshopper Sparrow                               Ammodramus savannaruml
     b Vesper Sparrow                                    Pooecetes gramineusl

     SPECIAL CASE

                                      MARINE REPTILES

     Atlantic Green Turtle                               Chelonia mydas

     b = breeds in New Jersey
     1 $tatus desitnation appgicable to
       breeoing popula ion onty

                                             -6-

                            PERIPHERAL SPECIES IN NEW JERSEY

                                          FISH

    White Shark                                          Carcharodon carcharias
    Smooth Hammerhead                                    Sphyrna zygaena
    Thorny Skate                                         Raja radiata
    Spotted Eagle Ray                                    Aetobatus narinara
    Ladyfish                                             Elops saurus
    Tarpon                                               Megalops atlantica
    Snakefish                                           Trachinocephalus myops
    Haddock                                             Melanogrammus aeglefinus
    White Hake                                           Urophycis tenuis
    Halfbeak                                             Hyporhamphus unifasciatus
    Houndfish                                           Tylosurus crocodilus
    Bluespotted Cornetfish                               Fistularia tabacaria
    Longspine Snipefish                                 Macrorhamphosus scolopax
    Gag                                                  Mycteroperca microlepis
    Snowy Grouper                                        Epinephelus niveatus
    Warsaw Grouper                                       Epinephelus nigritus
    Glasseye Snapper                                     Priacanthus cruentatus
    Bigeye                                               Priacanthus arenatus
    Short Bigeye                                         Pristigenys alta
    Cobia                                                Rachycentron canadum
    Bluerunner                                          Caranx crysos
    Crevalle Jack                                        Caranx hippos
    Horse-eye Jack                                      Caranx latus
    Round Scad                                           Decapterus punctatus
    Leatherjacket                                        Oligoplites saurus
    Bigeye Scad                                         Selar crumenophthalmus
    Lookdown                                             Selene vomer
    Greater Amberjack                                    Seriola dumerili
    Banded Rudderfish                                    Seriola zonata
    Florida Pompano                                     Trachinotus carolinus
    Permit                                              Trachinotus falcatus
    Palometa                                            Trachinotus glaucus
    Rough Scad                                          Trachurus lathami
    Atlantic Moonfish                                    Vomer setapinnis
    Dolphin                                              Coryphaena hippurus
    Spotfin Mojarra                                      Eucinostomus argenteus
    Gray Snapper                                         Lutjanus griseus
    Spottail Pinfish                                     Diplodus holbrooki
    Pinfish                                              Lagodon rhomboides
    Spotted Seatrout                                     Cynoscion nebulosus
    Banded Drum                                          Larimus fasciatus
    Atlantic Croaker                                     Micropogon undulatus
    Red Drum                                            Sciaenops ocellata
    Red Goatfish                                        Mullus auratus

                                          -7-

                           PERIPHERAL SPECIES IN NEW JERSEY

                                          FISH

    Spotted Goatfish                                    Psuedupeneus maculatus
    Atlantic Spadefish                                  Chaetodipterus faber
    Foureye Butterflyfish                               Chaetodon capistratus
    Spotfin Butterflyfish                               Chaetodon ocellatus
    Banded Butterflyfish                                Chaetodon striatus
    Sergeant Major                                      Abudefduf saxatilus
    Atlantic Threadfin                                  Polydactylus octonemus
    Rock Gunnel                                         Pholis qunnellus
    Snake Blenny                                        Lumpenus lumpretaeformis
    Fat Sleeper                                         Dormitator maculatus
    Atlantic Cutlassfish                                Trichiurus lepturus
    Frigate Mackerel                                    Auxis thazard
    King Mackeral                                       Scomberomorus cavalla
    Spanish Mackerel                                    Scomberomorus maculatus
    Barbfish                                            Scorpaena brasiliensis
    Spotted Scorpionfish                                Scorpaena plumieri
    Scorpionfish                                        Scorpaena isthmensis
    Flounder                                            Bothus robinsi
    Flying Gurnard                                      Dactylopterus volitans
    Orange Filefish                                     Aluterus schoepfi
    Gray Triggerfish                                    Balistes capriscus
    Planehead Filefish                                  Monacanthus hispidus
    Trunkfish                                           Lactophrys triqonus
    Smooth Trunkfish                                    Lactophrys triqueter
    Scrawled Cowfish                                    Lactophrys quadricornis
    Smooth Puffer                                       Lagocephalus laeviqatus
    Web Burrfish                                        Chilomycterus antillarum
    Striped Burrfish                                    Chilomycterus schoepfi

                                          BIRDS

    Migratory birds are not listed, as many appear both spring and fall in New Jersey.

                                         MAMMALS

    Porcupine                                           Erethizon dorsatum

    SPECIAL CASE

                                     MARINE MAMMALS

    Harp Seal                                           Pagophilus groenlandicus
    Hooded Seal                                         Cystophora cristata
    Gray Seal                                           Halichoerus grypus
    Beluga Whale                                        Delphinapterus leucas

                                            -8-

                             DECLINING SPECIES IN NEW JERSEY

                                          FISH

    Northern Kingfish                                    Menticirrhus saxatilis
    Northern Puffer                                      Sphaeroides maculatus

                                       AMPHIBIANS

    Marbled Salamander                                   Ambystoma opacum
    Spotted Salamander                                   Ambystoma maculatum
    Four-toed Salamander                                 Hemidactylium scutatum
    Northern Spring Salamander                           Gyrinophilus porphyriticus porphyriticu!
    Northern Red Salamander                              Pseudotriton ruber ruber
    Eastern Spadefoot Toad                               Scaphiopus holbrooki holbrocki

                                        REPTILES

    Eastern Hognose Snake                                Heterodon platyrhinos

                                            BIRDS

    Red-necked Grebe                                     Podiceps grisegena
    b Yellow-crowned Night Heron                         Nyctanassa violacea
    b American Bittern                                   Botaurus lentiginosus
    b Least Bittern                                      Ixobrychus exilis
      Baird's Sandpiper                                 Calidris bairdii
      Marbled Godwit                                     Limosa fedoa
      Hudsonian Godwit                                  Limosa haemastica
    b Common Tern                                        Sterna hirundo
      Razorbill                                         Alca torda
      Dovekie                                           Alle alle
    b Whip-poor-will                                     Caprimulgus vociferous
    b Least Flycatcher                                   Empidonax minimusl
    b Horned Lark                                        Eremophila alpestris1
    b Purple Martin                                      Progne subis
    b White-eyed Vireo                                   Vireo griseus
    b Warbling Vireo                                     Vireo gilvus
    b Yellow-breasted Chat                               Icteria virens
    b Hooded Warbler                                     Wilsonia citrina
    b Eastern Meadowlark                                 Sturnella magnai

    b = Breeds in New Jersey
    1 Status designation applicable to
       breeding population only.

                                           -9-

                          UNDETERMINED SPECIES IN NEW JERSEY

                                          FISH

    Shortfin Mako                                        Isurus oxyrinchus
    Bull Shark                                          Carcharhinus leucas
    Tiger Shark                                          Galeocerdo cuvieri
    Clearnose Skate                                      Raja eglanteria
    Roughtail Stingray                                   Dasyatis centroura
    Atlantic Stingray                                    Dasyatis sabina
    Bluntnose Stingray                                  Dasyatis sayi
    Spiny Butterfly Ray                                 Gymnura altavela
    Smooth Butterfly Ray                                Gymnura micrura
    Bullnose Ray                                        Myliobatis freminvillei
    Round Herring                                        Etrumeus teres
    Atlantic Thread Herring                              Opisthonema oglinum
    Silver Anchovy                                      Anchoviella eurystole
    Rainbow Smelt                                       Osmerus mordax
    Bridle Shiner                                       Notropis bifrenatus
    Ironcolor Shiner                                    Notropis chalybaeus
    Bluntnose Minnow                                     Pimephales notatus
    Fourbeard Rockling                                  Enchelyopus cimbrius
    Atlantic Cod                                         Gadus morhua
    Ocean Pout                                          Macrozoarces americanus
    Spotfin Killifish                                   Fundulus luciae
    Rough Silverside                                     Membras martinica
    Threespine Stickleback                               Gasterosteus aculeatus
    Ninespine Stickleback                                Pungitius punqitius
    Shield Darter                                        Percina peltata
    Atlantic Pomfret                                     Brama brama
    Striped Blenny                                      Chasmodes bosquianus
    Crested Blenny                                       Hypleurochilus geminatus
    Feather Blenny                                       Hypsoblennius hentzi
    Darter Goby                                         Gobionellus boleosoma
    Highfin Goby                                        Gobionellus oceanicus
    Seaboard Goby                                       Gobiosoma qinsburgi
    Sharksucker                                         Echeneis naucrates
    Whitefin Sharksucker                                 Echeneis nuecratoides
    Little Tuna                                          Euthynnus alletteratus
    Chub Mackeral                                       Scomber colias
    Harvestfish                                         Peprilus alepidotus
    Sea Raven                                           Hemitripterus americanus
    Grubby                                              Myoxocephalus aeneus
    Bay Whiff                                           Citharichthys spilopterus
    Fourspot Flounder                                   Paralichthys oblongus
    Yellowtail Flounder                                 Limanda ferruginea

                                       AMPHIBIANS

    Jefferson Salamander                                Ambystoma jeffersonianum
    Silvery Salamander                                  Ambystoma platineum
    Mountain Dusky Salamander                           Desmognathus ochrophaeus
    Upland Chorus Frog                                  Psuedacris triseriata feriarum
     Carpenter Frog                                      Rana virgatipes
     Northern Cricket Frog                               Acris crepitans crepitans

                                           -10-

                                         REPTILES

    Spotted Turtle                                       Clemmys guttata
    Map Turtle                                           Graptemys geographica
    Red-bellied Turtle                                   Chrysemys rubriventris
    Midland Painted Turtle                               Chrysemys picta marginata
    Five-lined Skink                                     Eumeces fasciatus
    Ground Skink                                         Leiolopisma laterale
    Queen Snake                                          Natrix septemvittata
    Eastern Smooth Earth Snake                          Virqinia valeriae
    Northern Black Racer                                 Coluber constrictor constrictor
    Eastern Smooth Green Snake                          Opheodrys vernalis vernalis
    Black Rat Snake                                      Elaphe obsoleta obsoleta
    Eastern King Snake                                  Lampropeltis getulus getulus
    Northern Scarlet Snake                               Cemophora coccinea copei
    Northern Copperhead                                 Agkistrodon contortrix mokasen
    Eastern Worm Snake                                  Carphophis amoenus amoenus

                                          BIRDS

    b Black Duck                                        Anas rubripes
    b Ruddy Duck                                        Oxyura jamaicensis
    b Sharp-shinned Hawk                                Accipter gentilis'
    b King Rail                                          Rallus elegans
      Yellow Rail                                       Coturnicops noveboracensis
    b Black Rail                                         Laterallus jamaicensis
    b American Coot                                      Fulica americanaI
    b Piping Plover                                     Charadrius melodus
    b Common Snipe                                      Capella qallinagol
    b Long-eared Owl                                    Asio otus
    b Eastern Bluebird                                   Sialia sialis
      Loggerhead Shrike                                 Lanius ludovicianus

                                         MAMMALS

    Water Shrew                                          Sorex palustris
    Smokey Shrew                                         Sorex fumeus
    Long-tailed Shrew                                    Sorex dispar
    Least Shrew                                          Cryptotis parva
    Hairy-tailed Mole                                    Parascalops breweri
    Star-nosed Mole                                      Condylura cristata
    Keen i,!ntis                                        Myotis keenii
    Small-footed Myotis                                 Myotis sublatus
    Silver-haired Bat                                   Lasionycteris noctivaqans
    Eastern Pipistrel                                    Pipistrellus subflavus
    Hoary Bat                                            Lasiurus cinereus

    b = Breeds in New Jersey
    1 Status designation applicable to
     breeding population only

                                          -11-

    MAMMALS (continued)

                           UNDETERMINED SPECIES IN NEW JERSEY

    Southern Flying Squirrel                             Glaucomys volans
    Marsh Rice Rat                                       Oryzomys palustris
    Deer Mouse                                           Peromyscus manidulatus
    Eastern Wood Rat                                     Neotoma floridana
    Southern Bog Lemming                                 Synaptomys cooperi
    Meadow Jumping Mouse                                 Zapus hudsonius
    Woodland Jumping Mouse                               Napaeozapus insiqnis
    Bobcat                                               Lynx rufus

                                     MARINE MAMMALS

    Dense Beaked Whale.                                 Mesoplodon densirostris
    Gulfstream Beaked Whale                             Mesoplodon gervaisi
    Antillean Beaked Whale                               Mesoplodon europaeus
    True's Beaked Whale                                 Mesoplodon mirus
    Cuvier's Beaked Whale                                Ziphius cavirostris
    Pygmy Sperm Whale                                    Kogia breviceps
    Dwarf Sperm Whale                                    Kogia simus
    Cuvier Dolphin                                       Stenella frontalis
    Spotted Dolphin                                      Stenella plagiodon
    Striped Dolphin                                      Stenella coeruleoalba
    Common Dolphin                                       Delphinus delphis
    Atlantic White-side Dolphin                          Lagenorhynchus acutus
    Atlantic Killer Whale                                Orcinus orca
    Risso's Dolphin                                      Grampus griseus
    Long-finned Pilot Whale (Blackfish)                  Globicephala melaena
    Short-finned Pilot Whale                            Globicephala macrorhyncus
    Atlantic Harbor Porpoise                             Phocoena phocoena
    Minke Whale                                          Balaenoptera acutorostrata

                                          -12-

                           EXTIRPATED SPECIES IN NEW JERSEY

                                          FISH

    Longnose Gar                                             Lepisosteus osseus

                                          BIRDS

    b Wilson's Plover                                        Charadrius wilsonia1
      Eskimo Curlew                                          Numenius borealis
    b Northern Parula                                        Parula americanaI

                                    MARINE MAMMALS

    Gray Whale                                               Eschrichtius robustus

                                        MAMMALS

    Gray Wolf                                                Canis lupus
    Mountain Lion                                            Felis concolor
    Snowshoe Hare                                            Lepus americanus

    b = Breeds in New Jersey

      Status designation applicable to
      breeding population only

    5/2/79
    hb
                                          -13-

     Endangered
    and
     Threatened
       Wildlife
      and
    Plants
    Native to the
    United States

            �t           A~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~

    COMMON NAME                           SCIENTIFIC NAME                         STATE*                      STATUS**  GROUP

    Coqui, golden                         Eleutherodactylus jasperi               Puerto Rico                 T          Amphibian
    Salamander, desert slender            Batrachoseps aridus                     CA                          E          Amphibian
    Salamander, Red Hills                 Phaeognathus hubrichti                  AL                          T          Amphibian
    Salamander, San Marcos                Eurycea nana                            TX                          T          Amphibian
    Salamander, Santa Ctuz long-toed    Ambystoma macrodactylum croceum           CA                          E          Amphibian
    Salamander, Texas blind              Typhlomolge rathbuni                    TX                           E          Amphibian
    Toad, Houston                         Bufo houstonensis                       TX                          E          Amphibian
    Treefrog, pine barrens                Hyla andersonii                         FL                          E          Amphibian
    Akepa, Hawaii (honeycreeper)          Loxops coccinea coccinea                HI                          E          Bird
    Akepa, Maui (honeycreeper)            Loxops coccinea ochracea                HI                          E          Bird
    Akialoa, Kuai (honeycreeper)          Hemignathus procerus                    HI                          E          Bird
    Akipolaau (honeycreeper)              Hemignathus wilsoni                     HI                          E          Bird
    Blackbird, yellow-shouldered          Agelaius xanthomus                      Puerto Rico                 E          Bird
    Bobwhite, masked (quail)             Colinus virginianus ridgwayi'           AZ                           E          Bird
    Condor, California                    Gymnogyps californianus                 CA,OR                       E          Bird
    Coot, Hawaiian                        Fulica americana alai                   HI                          E          Bird
    Crane, Mississippi sandhill           Grus canadensis pulla                   MS                          E          Bird
    Crane, whooping                       Grus americana                          Great Plains and Rocky Mt. E
                                                                                    gtates                    E          Bird
    Creeper, Hawaiian                     Loxops maculata mana                    HI                          E          Bird
    Creeper, Molokai (=Kakawahie)         Loxops maculata flammea                 HI                          E          Bird
    Creeper, Oahu (=alauwahio)            Loxops maculata maculata                HI                          E          Bird
    Crow, Hawaiian (=alala)               Corvus tropicus                         HI                          E          Bird
    Curlew, Eskimo                        Numenius borealis                       AKtand snnor     t          E          Bird
    Dove, Palau ground                    Gallicolumba canifrons                  Palau Is.                   E          Bird
    Duck, Hawaiian (=koloa)               Anas wyvilliana                         HI                          E          Bird
    Duck, Laysan                         Anas laysanensis                        HI                           E          Bird
    Eagle. bald                          Haliaeetus leucocephalus                 48 contermn8 s.                        R4tted
                                                                                    except wa ,~,m  wr ,H     R
    Eagle, bald                           Haliaeetus leucocephalus               WA,OR,Mh,WI,MI               T          Bird
    Falcon. American peregrine            Falco peregrinus anatum                All States                   E          Bird
    Falcon, Arctic peregrine             Falco peregrinus tundrius               All States except HI         E          Bird
    Finch, Laysan (honeycreeper)         Telespyza (=Psittirostra) cantans       HI                           E          Bird
    Finch, Nihoa (honeycreeper)          Telespyza (=Psittirostra) ultima        HI                           E          Bird
    Flycatcher, Palau fantail            Rhipidura lepida                         Palau Is.                   E          Bird
    Flycatcher, Tinian monarch           Monarcha takatsukasae                   Marianas Is.                 E          Bird
    Gallinule, Hawaiian                  Gallinula chloropus sandvicensis        HI                           E          Bird
    Goose, Aleutian Cananda               Branta canadensis leucopareia           AK,CA,OR,WA                 E          Bird
    Goose, Hawaiian (=Nene)               Branta sandvicensis                    HI                           E          Bird
    Hawk, Hawaiian (=io)                 Buteo solitarius                        HI                           E          Bird
    Honeycreeper, crested (=akohekohe)  Palmeria dolei                            HI                          E          Bird
    Kite, Everglade (snail kite)         Rostrhamus sociabilis plumbeus           FL                          E          Bird

    COMMON NAME                           SCIENTIFIC NAME                         STATE*                      STATUS**  GROUP

    Mallard, Marianas                     Anas oustaleti                          Guam, Marianas Is.          E          Bird
    Megapode, La Perouse's               Megapodius laperouse                     Palau Is., Marianas Is.    E           Bird
    Millerbird, Nihoa (willow warbler)  Acrocephalus familiaris kingi             HI                          E          Bird
    Nukupuu (honeycreeper)                Hemignathus lucidus                     HI                          E          Bird
    Oo, Kauai (=Oo Aa) (honeyeater)      Moho braccatus                           HI                          E          Bird
    Ou, (honeycreeper)                    Psittirostra psittacea                  HI                          E          Bird
    Owl, Palau                           Otus podargina                           Palau Is.                   E          Bird
    Palila (honeycreeper)                Psittirostra bailleui                    HI                          E          Bird
    Parrot, Puerto Rican                 Amazona vittata                          Puerto Rico                 E          Bird
    Parrotbill, Maui (honeycreeper)       Pseudonestor xanthophrys                HI                          E          Bird
    Pelican, brown                       Pelecanus occidentalis                   Carolinas to TX, CA         E          Bird
    Petrel, Hawaiian dark-rumped         Pterodroma phaeopygia sandwichensis   HI                             E          Bird
    Pigeon, Puerto Rican plain           Columba inornata wetmorei                Puerto Rico                 E          Bird
    Poo-uli                              Melamprosops phaeosoma                   HI                          E          Bird
    Prairie chicken, Attwater's greater Tympanuchus cupido attwateri              TX                          E          Bird
    Rail, California clapper             Rallus longirostris obsoletus           CA                           E          Bird
    Rail, light-footed clapper            Rallus longirostris levipes             CA                          E          Bird
    Rail, Yuma clapper                   Rallus longirostris yumanensis           AZ,CA                       E          Bird
    Shearwater, Newell's Manx            Puffinus puffinus newelli                HI                          T          Bird
    Shrike, San Clemente loggerhead      Lanius ludovicianus mearnsi              CA                          E          Bird
    Sparrow, Cape Sable seaside          Ammospiza maritima mirabilis             FL                          E          Bird
    Sparrow, dusky seaside               Ammospiza maritima nigrescens            FL                          E          Bird
    Sparrow, San Clemente sage           Amphispiza belli clementeae              CA                          T          Bird
    Sparrow, Santa Barbara song          Melospiza melodia graminea               CA                          E          Bird
    Starling, Ponape mountain            Aplonis pelzelni                         Caroline Is.                E          Bird
    Stilt, Hawaiian                      Himantopus himantopus knudseni          HI                           E         Bird
    Tern, California least                Sterna albifrons browni                 CA                          E          Bird
    Thrush, large Kauai                   Phaeornis obscurus myadestina           HI                          E          Bird
    Thrush, Molokai (=olomau)             Phaeornis obscurus rutha                HI                          E          Bird
    Thrush, small Kauai (=puaiohi)        Phaeornis palmeri                       HI                          E          Bird
    Warbler (wood), Bachman's             Vermivora bachmanii                     Southeastern U.S.           E          Bird
    Warbler (wood), Kirtland's            Dendrocia kirtlandii                    MI                          E          Bird
    Warbler, (willow), reed              Acrocephalus luscinia                    Marianas Is.                E          Bird
    Whip-poor-will, Puerto Rican          Caprimulgus noctitherus                 Puerto Rico                 E          Bird
    White-eye, Ponape great               Rukia longirostra (=sanfordi)           Caroline Is.                E          Bird
    Woodpecker, ivory-billed             Campephilus principalis                  Soithcentral and South-
                                                                                    dastern U.S              E          Bird
    Woodpecker, red-cockaded              Picoides (=Dendrocopos) borealis        Southcentral and South-
                                                                                   eastern  .S.              E         Bird
    Pearly mussel, Alabama lamp          Lampsilis virescens                     AL,TN                        E          Clam
    Pearly mussel, Appalachian
      monKeyrace                         Quadrula sparsa                          TN,VA                       E          Clam
    Pearly mussel, birdwing              Conradilla caelata                       TN,VA                       E          Clam

                            4

                        4       4                                                              ft

    COMMON NiAME                         SCIENTIFIC NAME                         STATE*                      STATUS**  GROUP

    Pearly mussel, Cumberland bean       Villosa (=Micromya) trabalis            KY                          E         Clam
     Pe hyaclmselCmeln                  Quadrula intermedia                     AL,TN,VA                    E         Clam
    Pearly mussel, Curtis'               F           I=Dvsomia) florentina       M                                     Ca
    Pearly mussel, dromedary             Dromus dromas                           TN,VA                       E         Clam
    Pearly mussel, green-blossom         R.iblSS  -~an  amial torulosa           TAECa
    Pearly mussel, Higgin's eye          Lampsilis higginsi                      IL,IA,MN,MO,NE,WI           E         Clam
    Pearly mussel, orange-footed         Plethobasis cooperianus                 AL,IN,IA,KY,OH,PA,TN        E         Clam
    Pearly mussel, pale lilliput         Toxolasma (-Carunculina) cylindrella  AL,M0,TN,WV                   E         Clam
    Pearly mussel, pink mucket           Lampsilis orbiculata                    AL,IL,IN,KY,MO,OH,PA,TN,WV E          Clam
    Pearly mussel, Sampson's             Epioblasma (-Dysnomia) sampsoni         IL,IN                       E         Clam
    Pearly mussel, tubercled-blossom    Ri ff  (-Dysnomia) torulosa .   IL,KY,TN,WV                          E         Clam
    Pearly mussel, turgid-blossom        Epioblasma (-Dysnomia) turgidula        AL,AR,M0,TN                 E         Clam
    Pearly mussel, white cat's eye       EA am(-Dysnomia) sulcata                IN,MI,OH                    E         Clam
    Pearly mussel, white wartyback       Plethobasis circatricosus               AL,TN                       E         Clam
    Pearly mussel, yellow-blossom       11jjyjgff4~j=ysnomia). florentina.       ANECa
    Pigtoe, fine-rayed                   Fusconaia cuneolus                      AL,TN,VA                    E         Clam
    Pigtoe, rough                        Pleurobema plenum                       KYTN,VA                    E         Clam
    Pigtoe, shiny                        Fusconaia edgariana                     AL,TN,VA                    E         Clam
    Pocketbook, fat                      Potam~.lus (=Proptera) capax            AR,IN,MO,OH                 E         Clam
    Riffle shell, tan                    Epiob~asma walkeri                      KY,TN,VA                    E         Clam
    Isopod, Socorro                      Thermosphaeroma thermophilus.          NM                           E         Crustacean
    Bonytail, Pahrantagat                Gila robusta Jordani                    NV                          E         Fish
    Cavefish, Alabama                    Speoplatyrhinus poulsoni                AL                          T         Fish
    Chub, bonytail                       Gila elegans                            AZ,CA,C0,NV,UT,WY           E         Fish
    Chub, Borax Lake                     Gila boraxobius                         OR                          E         Fish
    Chub, humpback                       Gila cypha                              AZ,C0,UT,WY                 E         Fish
    Chub, Mohave                         Gila mohavensis                         CA                          E         Fish
    Chub, slender                        Hybopsis cahni                          TN,VA                       T         Fish
    Chub, spotf in                       Hybopsis monacha                        AL,GA,NC,TN,VA              T         Fish
    Cisco, longjaw,                      Coregonus alpenae                       Lakes Michigan,Huron,Erie  E          Fish
    Cui-ui                               Chasmistes culus                        NV                          E         Fish
    Dace, Kendall Warm Springs           Rhncty       osculus thermalis          WY                          E         Fish
    Dace, Moapa                          Moapa coriacea                          NV                          E         Fish
    Darter, bayou                        Etheostoma rubrum            Hs                                     T         Fish
    Darter, fountain                     Etheostoma fonticola                    TX                          E         Fish
    Darter, leopard                      Percina, Pantherina.                    AR,OK                       T         Fish
    Darter, Maryland                     Etheostoma sellare                      MD                          E         Fish
    Darter, Okaloosa                     Etheostoma okalposae                    FL                          E         Fish
    Darter, slackwater                   Etheostoma boschungi                    AL,TN                       T         Fish
    Darter, snail                        Percina tanasi                          TN                          E         Fish

    COMMON NAME                          SCIENTIFIC NAME                         STATE*                      STATUJS**  GROUP

    Darter, watercress                   Etheostoma nuchale                      AL                          E         Fish
    Gainbusia, Big Bend                  Gainbusia gaigei                        TX                          E         Fish
    Gambusia, Clear Creek                Gambusia. heterochir                    TX                          E         Fish
    Gambusia, Goodenough                 Gambusia. amistadensis                  TX                          E         Fish
    Gambusia, Pecos                      Gambusia nobilis                        NM,TX                       E         Fish
    Gambusia, San Marcos                 Gambusia. georgei                       TX                          E         Fish
    Killifish, Pahrump                   Empetrichthys latos                     NV                          E         Fish
    Madtom, Scioto                       Noturus trautmani                       OR                          E         Fish
    Madtom, yellowf in                   Noturus flavipinnis                     GA, TN, VA                  T         Fish
    Pike, blue                           Stizostedion vitreum glaucum            Lakes Erie, Ontario         E         Fish
    Pupfish, Comanche Springs            Cyprinodon elegans                      TX                          E         Fish
    Pupfish, Devil's Role                Cyprinodon diabolis                     NV                          E         Fish
    Pupfish, Leon Springs                Cyprinodon bovinus                      TX                          E         Fish
    Pupfish, Owens River                 Cyprinodon radiosus                     CA                          E         Fish
    Pupfish, Tecopa                      Cyprinodon nevadensis calidae           CA                          E         Fish
    Pupf jab, Warm Springs               Cyprinodon nevadensis pectoralis        NV                          E         Fish
    Squawfish, Colorado River            Ptychocheilus lucius                    AZ,CA,COINM,NV,UT,WY        E         Fish
    Stickleback, unarmored threespine   Gasterosteus aculeatus williamsoni    CA                             E         Fish
    Sturgeon, shortnose                  Acipenser brevirostrum                  Atlantic coast of U.S       E         Fish
    Topminnow, Gila                      Poeciliopsis occidentalis               AZ,NH                       E         Fish
    Trout, Arizona                       Salmo apache                            AZ                          T         Fish
    Trout, Gila                          Sa-lmo gilae                            NM                          E         Fish
    Trout, greenback cutthroat           S-almo clarki stomias                   co                          T         Fish
    Trout, Lahontan cutthroat            Salmo clarki henshawi                   CA,NV                       T         Fish
    Trout, Little Kern golden            Salmo aguabonita whitei                 CA                          T         Fish
    Trout, Paiute cutthroat              S-almo clarki seleniris                 CA                          T         Fish
    Woundf in                            Plagopterus argentissimus               AZ,NV,UT                    E         Fish
    Beetle, Delta green ground           Elaphrus viridis                       CA                           T         Insect
    Beetle, valley elderberry longhorn  Desmocerus californicus dimorphus        CA                          T         Insect
    Butterfly, Bahama swallowtail        Papilio andraemon bonhotei              FL                          T         Insect
    Butterfly, El Segundo blue           Ele~~f  ~i1mand)CAEIsc
    Butterfly, Lange's metalmark         Apodemia. mormo langei.                 CA                          E         Insect
    Butterfly, Lotis blue                Lycaeides argyrognomon lotis            CA                          E         Insect
    Butterfly, mission blue              Icaricia icarioides missionensis        CA                          E         Insect
    Butterfly, Oregon silverspot         Speyeria zerene hippolyta               OR,WA                       T         Insect
    Butterfly, Palos Verdes blue         GlomeA  Eh                                                                    Insectu
    Butterfly, San Bruno elfin           Callophrys mogsii bayensis              CA                          E         Insect
    Butterfly, Schaus swallowtail        Papilio ariatodemus ponceanus           FL                          T         Insect
    Butterfly, Smith's blue              F.12hikt~gs (-Shtil mi aeolden)
                                           enp____  ______                     CA                           B         Insect
    Moth, Kern primrose sphinx           Euproserpinus euterpe                   CA                          T         Insect

                                                                                                      V

    COMMON NAME                          SCIENTIFIC NAME                         STATE*                       STATUS**  GROUP

    Bat, gray                            Myotis grisescens                       Ceetral and Southeastern   E           Mammal
    Bat, Hawaiian hoary                  Lasiurus cinereus semotus               HI                          E          Mammal
    Bat, Indiana                         Myotis sodalis                          East and Midwestern U.S.   E           Mammal
    Bat, Ozark big-eared                 Flecotus townsendii ingens              MO,OK,AR                    E          Mammal
    Bat, Virginia big-eared              Plecotus townsendii virginianus         KY,WV,VA,IN,IL,OH            E         Mammal
    Bear, brown or Rrizzly               Ursus arctos horribilis                 48 conterminous States      T          Mammal
    Cougar, eastern                      Felis concolor cougar                   Eastern U.S.                 E         Mammal
    Deer, Columbian white-tailed         Odocoileus virginianus leucurus         OR,WA                        E         Mammal
    Deer, key                            Odocoileus virginianus clavium          FL                           E         Mammal
    Dugong                               Dugong dugon                            U.S. Trust Territories       E         Mammal
    Ferret, black-footed                 Mustela nigripes                        Western U.S.                 E         Mammal
    Fox, San Joaquin kit                 Vulpes macrotis mutica                  CA                           E         Mammal
    Jaguarundi                           Felis yagouaroundi cacomitli            TX                           E         Mammal
    Jaguarundi                           Fellis yagouaroundi tolteca             AZ                           E         Mammal
    Manatee, West Indian (Florida)       Trichechus manatus                      Southeastern U.S.            E         Mammal
    Mouse, salt marsh harvest            Reithrodontomys raviventris             CA                           E         Mammal
    Otter, southern sea                  Enhydra lutris nereis                   WA south to Mexico           T         Mammal
    Panther, Florida                     Felis concolor coryi                    LA aad FR east to SC
                                                                                   -    F-an                 E         Mammal
    Prairie Dog, Utah                    Cynomys parvidens                       UT                           E         Mammal
    Pronghorn, Sonoran                   Antilocapra americana sonoriensis       AZ                          E          Mammal
    Rat, Morro Bay kangaroo              Dipodomys heermanni morroensis          CA                          E          Mammal
    Seal, Carribbean monk                Monachus tropicalis                     Gulf of Mexico              E          Mammal
    Seal, Hawaiian monk                  Monachus schauinslandi                  HI                          E          Mammal
    Squirrel, Delmarva Peninsula fox    Sciurus niger cinereus                   MD,VA,DE                    E          Mammal
    Whale, blue                          Balaenoptera musculus                   Oceanic                      E         Mammal
    Whale, bowhead                       Balaena mysticetus                      Oceanic                     E          Mammal
    Whale, finback                       Balaenoptera physalus                   Oceanic                      E         Mammal
    Whale, gray                          Eschrichtius gibbosus                   Oceanic                     E          Mammal
    Whale, humpback                      Megaptera novaeangliae                  Oceanic                     E          Mammal
    Whale, right                         Eubalaena spp.                          Oceanic                     E          Mammal
    Whale, Sei                           Balaenoptera borealis                   Oceanic                     E          Mammal
    Whale, sperm                         Physeter catodon                        Oceanic                     E          Mammal
    Wolf, gray                           Canis lupus                             480colntereAnoua States,    E
    Wolf, gray                           Canis lupus                             MN                          T          Mammal
    Wolf, red                            Canis rufus                             Southeast U.S. west to TX  E          Mammal
    Alligator, American                  Alligator mississippiensis              Soy hsrqCIU J. exceptile
    Alligator, American                  Alligator mississippiensis              FL,GA,LA,SC,TX              T         Reptile
    Alligator, American                  Alligator mississippiensis              12 parishes in LA           T(s/a)    Reptile
    Anoleg Culebra giant                 Anolis roosevelti                       Puerto Rico: Culebra Is.   E          Reptile
    Boa, Mona                            Epicrates monensis monensis             Puerto Rico                 T         Reptile

    COMMON NAME                           SCIENTIFIC NAME                         STATE*                       STATUS"*  GROUP

    Boa, Puerto Rican                     Epcae  inornatus                        Puerto Rico                  E          Reptile
    Boa, Virgin Islands tree              Epicrates monensis granti               U.S. Virgin Is.              E          Reptile
    Crocodile, American                   Crocodylus acutus                       FL                           E          Reptile
    Iguana, Mona ground                   Cyclura steinegeri                      Puerto Rico: Mona Is.        T          Reptile
    Lizard, blunt-nosed leopard           Crotaphytus silus                       CA                           E          Reptile
         toacelaVlefrne                  Uma inornata                             CA                           T         Reptile
    Lizard, island night                  Klauberina riversiana                   CA                           T          Reptile
    Lizard, St. Croix ground              Ameiva polps                            U.S. Virgin Is.              E          Reptile
    Rattlesnake, New Mexican ridgenosed Crotalus willardi obscurus                NH                           T          Reptile
    Snake, Atlantic salt marsh            Nerodia faaciata taeniata               FL                           T         Reptile
    Snake, eastern indigo                 Drymarchon corals couperi               AL,FL,GA,MS,SC               T         Reptile
    Snake, San Francisco garter           Thamnophis sirtalis tetrataenla.        CA                           E         Reptile
    Tortoise, Desert (Beaver Dam Slope) Gopherus agassizii                        UT                           T         Reptile
    Turtle, green sea                     Chelonia pydja         a                rV~elrt  seasTRetl
    Turtle, green sea                     Chelonia mydas                          FL                           E         Reptile
    Turtle, hawksbill sea (-carey)        Eretmochelys imbricata                  Tropic seas                  E         Reptile
    Turtle, Kemp's Ridley sea             Lepidochelys kempii                     Tropic and temperate seas  E           Reptile
    Turtle, leatherback sea               Dermochelys coriacea                    Tro    aemseiate. and        ERetl
    Turtle, loggerhead sea                Caretta caretta                         Tropic and temperate seas  T           Reptile
    Turtle, Olive (Pacific) Ridley sea  Lepidochelys olivacea                     Tropic and temperate seas  T           Reptile
    Turtle, Plymouth red-bellied          Chr-maemy-s (-Pseudemys) rubriventris  MA                            E         Reptile
    Snail, Chittenango ovate amber        Succinea chittenangoensis               NY                          T          Snail
    Snail, flat-spired three-toothed    Triodopais platysavoides                  WV                          T          Snail
    Snail, Iowa Pleistocene               Discus macclintocki                     IA                          E          Snail
    Snail, noonday                       Hesodon clarki nantahala                NC                           T          Snail
    Snail, painted snake coiled forest  Anguispira picta                         TN                           T          Snail
    Snail, Stock Island                  Orthalicus reses                        FL                           T          Snail
    Snail, Virginia fringed mountain    Polygyriscus virginianus                 VA                           E          Snail

    COMMON NAME                   SCIENTIFIC NAME                                  FAMILY NAME       STATE*    STATUS**  GROUP

    Bunched arrowhead             Fagittaia fasciculata                            Alismataceae      NC,SC      E         Plant
    Tennessee purple conef lower  Echinacea tennesseensis                          Asteraceae        TN         E         Plant
           --- ~~~~~Lipochaeta-venosa                                             Asteraceae        Hi         E         Plant
    Truckee barberry              Berberis so'nnei                                 Berberidaceae    CA          E         Plant
    Virginia round-leaf-birch    Betula uber                                       Betulaceae        VA        E          Plant
    McDonald's rock-cress         Arabis mcdonaldiana                              Brassicaceae      CA,OR      E         Plant
    Contra Costa wallflower       Erysimumi capitatum var. angustatum              Brassicaceae      CA        E          Plant
    Tobusch fishhook cactus       Ancistrocactus tobuschii                         Cactaceae         TX        E          Plant
    Nellie cory cactus            Coryphantha minima                               Cactaceae         TX        E          Plant
    Bunched cory cactus           Coryphantha ramillosa                            Cactaceae         TX        T          Plant
    Lee pincushion cactus         Coryphantha sneedli var. leel                    Cactaceae         NM        T          Plant
    Sneed pincushion cactus       Coryphantha sneedii var. sneedii                 Cactaceae        TX,NM      E          Plant
    Nichol's Turk's head cactus  Echinocactus horizonthalonius var. nicholii   Cactaceae             AZ        E          Plant
     Pu  c uspndhdeo              Echinocereus engelmannif var. purpureus;         Cactaceae    U IT           E          Plant
    Kuenzler hedgehog cactus      Echinocereus kuenzleri                           Cactaceae        NM         E          Plant
    Lloyd's hedgehog cactus       Echinocereus lloydii                             Cactaceae        TX         E          Plant
    Black lace cactus             Echinocereus reichenbachii var. albertii        Cactaceae         TX         E         Plant
    Spineless hedgehog cactus    Echinocereus triglochidiatus var. inermis        Cactaceae         CO,UT      E         Plant
    Arizona hedgehog cactus       Echinocereus triglochidiatus var. arizonicus  Cactaceae           AZ         E         Plant
    Davis' green pitaya           Echinocereus viridifldrus var. davisli          Cactaceae         TX         E         Plant
    Lloyd's Mariposa cactus       Neolloydia mariposensis                         Cactaceae         TX         T         Plant
    Brady pincushion cactus       Pediocactus bradyi                              Cactaceae         AZ         E         Plant
    Knowlton cactus               Pediocactus knowltonii                          Cactaceae         NM         E         Plant
    Peebles Navajo cactus         Pediocactus peeblesianus var. peeblesianus    Cactaceae           AZ         E         Plant
     Silver pincushion cactus      Pediocactus sileri                              Cactaceae         AZ,UT      E         Plant
    Uintg Basin hookless          sirccu   luu
     cacaus                       ____________ _______                            Cactaceae         CO,UT      T         Plant
    Mesa Verde cactus             Sclerocactus mesae-verdae                       Cactaceae         CO,NM      T         Plant
    Wright fishhook cactus        Sclerocactus wrightfae                          Cactaceae         UT         E         Plant

       Rven'srever IsadDudleva traskiae                                            Crassulaceae      CA        E          Plant
         Rvnsmanzanita             Arctostaphylos hookeri ssp. ravenii             Ericaceae         CA        E          Plant
     Chapman rhododendron          Rhod..dendron chapmanti                         Ericacer,-        FL         E         Plant
     Rydberg milk-vetch            Astragalus perianus                             Fabaces-          UT        T          Plant
    Osgood Mountains milk-vetch  Astragalus, yoder-williamsii                     Fabaceae          ID,NV      E         Plant
     Hairy rattleweed              Baptisia arachnifera                            Fabaceae          GA        E          Plant
     San Clemente broom            Lotus scoparius ssp.'traskiae                   Fabaceae          CA        E          Plant
     Hawaiian wild broad-bean      Vicia menziesii                                 Fabaceae          Hi        E          Plant
     clay phacelia                 Phacelia argillacea                             Hydrophyllaceae  UT         E          Plant
            ---                   ~~~~~Haplostachys haplostachya var. angustifolia   Lamiaceae      Hi         E         Plant
     San Diego mesa mint           Pogogyne abramsii .Lamiaceae                                      CA        E          Plant
            ---                  ~~~~~Stenogyne angu~stifolia var. angustifolia   Lamiaceae         Hi         E         Plant

    COMMON NAME                  SCIENTIFIC NAME                                 FAMILY NAME      STATE*    STATUS**  GROUP

    Harper's beauty              ilarperocallis f lava                           Liliaceae        FL        E          Plant
    Persistent trillium          Trillium persistens                             Liliaceae        GA,SC     E          Plant
    Cooke's kokia                Kokia cookei                                   Malvaceae         Hi        E          Plant
      sa  ~ma~   Isan            Malacothamnus clementinus                      Malvaceae         CA        E         Plant
    MacFarlane's four-o'clock    Mirabilis macfarlanei                           Nyctaginaceae    ID,OR     E          Plant
    Eureka evening-primrose      Oenothera avita ssp. eurekensis                Onagraceae        CA        E          Plant
     primroDunseveig             Oenothera deltoides ssp. howellii              Onagraceae        CA        E          Plant
    Dwarf bear-poppy             Arctomecon humilis                             Papaveraceae      UT        E          Plant
    Solano (--Crampton's Orcutt)          mcoaaPaeeC                                                                   ln
      grass                      Orcuttla muc__  taP___eA__Pan
    Eureka Dune grass            Swallenia alexandrae                           Poaceae           CA        E          Plant
    Texas wild-rice              Zizania texana                                 Poaceae           TX        E          Plant
    Northern wild monkshood      Aconitum, noveboracense                         Ranunculaceae    IA,4Y,On, T          Plant

    San Clemente Is. larkspur    Delphinium kinkiense                           Ranunculaceae    CA         E         Plant
    Robbins' cinquef oil         Potentilla robbinsiana                         Rosaceae         NUl        E         Plant
    Green pitcher plant          Sarracenia oreophila                            Sarraceniaceae   AL,GA     E          Plant
     San C rugnt  s.Ida          Castilleja grisea                              Scrophulariaceae CA         E         Plant
     Salt marsh bird's beak       Cordylanthus maritimus ssp. mnaritimus         Scrophulariaceae CA         E         Plant
    Furbish lousewort            Ped~icularis furbishiae                         Scrophulariaceae ME        E         Plant

      *Some of the species are found in other countries; this list includies only species native to the united States
         and its territories.

     *E E Endangered; T = Threatened; T (s/a) = Threatened by similarity of appearance.

    This is current as of October 1, 1980. For information on additions to this list contact:. Office of Endangered

      Species, U.S. Fish & Wildlife Service, Department of the interior, Washington, D.C. 20240 (703/235-1975).

    COMMON NAME                           SCIENTIFIC NAME                         STATE*                       STATUS**  GROUP

    Mallard, Marianas                     Anas oustaleti                Ga, Mari-nas Is.                       E          Bird
    Megapode, La Perouse's                Megapodius laperouse                    Palau Is.  Marianas Is.    E           Bird
    Millerbird, Nihoa (willow warbler)  Acrocephalus familiaris kingi             Hi                           E         Bird
    Nukupuu (honeycreeper)                Hemignathus lucidus                     Hi                           E         Bird
    Oo, Kauai (=Oo Aa) (honeyeater)       Moho braccatuB                          Hi                           E         Bird
    Ou, (honeyereeper)                    Psittirostra psittacea                  Hi                           E         Bird
    Owl, Palau                            Otus podargina                          Palau Is.                    E         Bird
    Palila (honeycreeper)                 Psittirostra bailleui                   Hi                           E         Bird
    Parrot, Puerto Rican                  Ainazona vittata                        Puerto Rico                  E         Bird
    Parrotbill, Maui (honeycreeper)       Paeudonestor xanthophrys                Hi                           E         Bird
    Pelican, brown                        Pelecanus occidentalis                  Carolinas to TX, CA          E         Bird
    Petrel, Hawaiian dark-rumped          Pterodroma phaeopygia sandwichensis   Hi                             E         Bird
    Pigeon, Puerto Rican plain            Columba inornata wetmorei               Puerto Rico                  E         Bird
    Poo-u Ii                              Melamprosops phaeosoma                  Hi                           E         Bird
    Prairie chicken, Attwater' s greater Tympanuchus cupido attwateri             TX                           E         Bird
    Rail, California clapper              Rallus longirostris obsoletus           CA                           E         Bird
    Rail, light-footed clapper            Rallus longirostris levipes             CA                           E         Bird
    Rail, Yuma clapper                    Rallus longirostris yumanensis          AZ,CA                        E         Bird
    Shearwater, Newell's Manx             Puff inus puffinus newelli              HI                           T         Bird
    Shrike, San Clemente loggerhead       Lanius-ludovicianus mearnsi             CA                           E         Bird
    Sparrow, Cape Sable seaside           Ammspza maritima mdrabilis              FL                           E         Bird
    Sparrow, dusky seaside                Ammospiza maritima nigrescens           FL                           E         Bird
    Sparrow, San Clemente sage            Ainphispiza belli clementeae            CA                           T         Bird
    Sparrow, Santa Barbara song           Melospiza melodia graminea              CA                           E         Bird
    Starling, Ponape mountain             Aplonis pelzelni                        Caroline Is.                 E         Bird
    Stilt, Hawaiian                       Himantop'us himantopus knudseni         Hi                           E         Bird
    Tern, California least                Sterna albifrons browni                 CA                           E         Bird
    Thrush, large Kauai                   Phaeornis obecurus myadestina           Hi                           E         Bird
    Thrush, Molokai (=olomau)             Phaeornis obscurus rutha                Hi                           E         Bird
    Thrush, small Kauai (=puaiohi-)       Phaeornis palmeri                       Hi                           E         Bird
    Warbler (wood), Bachman's             Vermivo~ra bachmanii                    Southeastern U.S.            E          Bird
    Warbler (wood), Kirtland's            Dendrocia kirtlandii                    Ml                           E          Bird
    Warbler, (willow), reed               Acrocephalus luscinia                   Marianas Is.                 E          Bird
    Whip-poor-will, Puerto Rican          Caprimulgus noctitherus                 Puerto Rico                  E         Bird
    White-eye, Ponape great               Rukia logrsr       (=sanfordi)          Caroline Is.                 E          Bird
    Woodpecker, ivory-billed              Campephilus principalis                 Southc entroll~and South-    E         Br
                                                                                    eas tern  ..Br
    Woodpecker, red-cockaded              Picoides (=Dendrocopos) borealis        South enrejand South-    EBr
    Pearly mussel, Alabama lamp           Lampsilis virescens                     AL,TN                        E         Clam
     PermonKeyvace   AplcinQuadrula spraTN,VA                                                                  E         Clam
    Pearly mussel, birdwing               Conradilia caelata                      TNVA                        E         Clam

    DEPARTMENT OF THE INTERIOR
    U.S. FISH AND WILDLIFE SERVICE
      As the Nation's principal conservation
    agency, the Department of the Interior has
    responsibility for most of our nationally                   .'       A" '         .
    owned public lands and natural resources.                                                           .
    This includes fostering the wisest use of                   'A-;
    our land and water resources, protecting                                                                    **i
    our fish and wildlife, preserving the envi-                ;  :                 i                     ,.:
    ronmental and cultural values of our na-                     ".:
    tional parks and  historical places, and
    providing for the enjoyment of life through
    outdoor recreation. The  Department as-             a,:' ..  em
    sesses our energy and mineral resources              -                  ,   a   wur
    and works to assure that their develop-
    ment is in the/best interests of all our                                      -    i
    people. The Department also has a major
    responsibility for American Indian reserva-
    tion communitiesrand for people who live
    in island territories under U.S. administra-
    tion.                             *

                                                         APPENDIX 6

              THIS AGREEMENT, made the         day of               1977

    BETWEEN

                                  hereinafter referred to as GRANTORS,

    AND                           THE STATE OF NEW JERSEY, DEPARTMENT OF
                                ENVIRONMENTAL PROTECTION, with its
                                principal office in the Labor and
                                Industry Building, Trenton, New Jersey

                                  hereinafter referred to as GRANTEE,

              WHEREAS, GRANTORS are the owners of certain lands here-

    inafter described located in the Township of

    County of Somerset, State of New Jersey, and which lands are lo-

    cated within a project known as the Millstone River Project, No.

    23, which project is being undertaken by the GRANTEE.

              WHEREAS, GRANTEE desires to acquire a recreational ease-

    ment in, over and through lands owned by GRANTORS for the purpose

    and to the extent hereinafter more particularly described;

              NOW THIEREFORE, in consideration of the sum of

    the receipt of which is hereby acknowledged, GRANTORS, for them-

    selves, their heirs, executors, administrators, successors and

    assigns, do hereby grant, bargain, sell, transfer and convey, to

    GRANTEE, its successors and assigns, a perpetual casement, in,

    over and through the lands hereinafter described for the following

    uses anld I) urpl)oses:

              a.  R(;ANTIIi  is g rani ted vellicl  C accss over tile within

    described lands for the purposes of operating and maintaining the

    lands of the Delaware and Raritan Canal, lands within the Mill-

    stone Rliver Project area and the lands involved in this easement.

              b.  GRANTEE is granted the right to construct recrea-

    tional trails over the lands herein described for hiking, eques-

    trian use, bicycling or nature studies and to clear trees and

    stabilize surfaces for use by the public for recreational purposes.

    GRANTEE is further granted the right to install trail markers or

    other appropriate signs as deemed necessary by GRANTEE to inform

    or direct the public in the use of the lands involved in this

    easement or other recreational State lands in the area.

              c. GRANTEE is granted the right to construct bridges,

    catwalks or other structures to provide continuous trails across

    wet or swampy areas of the lands involved in this easement.

              d.  GRANTIEI covenants and agrees not to construct build-

    ings or other major structures on the lands involved in this ease-

    ment without the express approval, in writing, by the GRANTORS.

              The lands and premises comprising this Easement are

    more particularly described as follows:

              All that certain tract of land, situate, lying and

    being in the Township of                   , County of Somerset,

    and State of New Jersey, more particularly bounded and described

    as follows:

                     The 'R;IAN'I'I! aglees tlhat tlci'e slall be Ino li abilit)y

           U)pon the GRIANTOR arising out ol the use o.1 the within land and

           prcemiscs by the (;iRANTEE', its employces, agents, licensees, coi,-

           tractors., or invitecs, and the GRANTEEI', agrees to indemnify and

           save harmlcss the GRANTOR from any liability and from all costs

           and expense of every kind to which the GRANTOR may be put by

           reason of any injury or claim of injury to persons or property

           resulting or arising from the use by the GRANTEE, its employees,

           agents, licensees, contractors or invitees of the land and

           premises herein described.

                       This easement and all of the terms, covenants, provi-

           sions and conditions contained herein shall run with the land and

           shall be binding on the GRANTORS, their heirs,  executors, admin-

           istrators, successors and assigns.

                      IN WITNESS WHEREOF, the parties hereto have set their

           hands and seals the date and year first above written.

                                                                         (L.S.)

           WITNESS:

    4       Approved as to form:

                 William F. Ilyland
    s             Attorney General

                 By:

                    Deputy Attorney General

    STAT1i   01 O Nl l  .NiJ1ERSE'Y
                                  SS:
    COUNTY 01                  )

              BE IT IllEMEMBERED, that on this            day of

    in the year of' Our lord One Thousand Nine H1undred and Seventy-

    seven, before me, the dubscriber,

    personally appeared

    who, I am satisfied,          the       mentioned in the within

    Instrument, and thereupon          acknowledged that          signed,

    sealed and delivered the same as           act and deed, for the

    uses and purposes therein expressed, and that the full and actual

    consideration paid or to be paid for the transfer of title to

    realty evidenced by the within deed, as such considecration is

    defined in Chapter 49, Laws of 1968, Sec. 1 (c) is $

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