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WELLS NATIONAL ESTUARINE SANCTUARY Final Management Plan z 4'1 YZ c QH 76.5 M2 W4 lod 1985 Apr! 1 1985 WELLS NATICKAL ESIUARIXE SANCTIJARY Firal t Plan Prepared by the Southern Maine Regional Planning Commission Revised and Edited by the Mairie State Planning Office U - 8 . DEPARTMENT OF COMMERCE NO COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE CHARLESTON SC 29@ ? April, 1985 R@j CY TABLE OF CONrENTS Page Executive Sumwry .... ......... 0...... 0 ....... 1 Historical Background ................ Purpose ............................................ 6 Section I - Sanctuary Resourc@es ... ... *of* ... 00.0 .... 7 Section II - Management Strategy ................................ 13 Resource Protection and Regulation ....................... 13 Acquisit).on ........................ 16 Administration ............................ o .............. 20 Management Activities ......... ........ o ................. 30 1. Wetlands/Natural Areas ............. o ............ 30 2. Research Facilities ..o .......................... 31 3. Upland Natural Areas ........................... 31 4. Trail System ........................... o ....... 32 Visitors' Center 34 Recreational Areas ............................... 37 7. Access to the Sanctuary & Related Support Facilities ............................. 38 8. Surrounding Land Uses ........................... 39 Section III- Access ............................................. 41 Section IV - Research ........................................... 44 Section V - Education and Interpretaticd ....................... 51, 10 APPENDICES Page 1. Memorandum of Understanding between the Town of Wells and the Department of Conservation. 55 2. Memorandum of Understanding between the Town of Wells and the U.S. Fish and Wildlife Service. 61 3. Fauna of the Sanctuary': Birds, Mammalst Reptiles and Amphibians 65 4. Flora of the Sanctuary. 71 5. Natural Resources: geology, soils, drainage basins. 73 6. Overview of the State laws protecting Sanctuary Resources. 76 7. Current Sanctuary Regulations: Wildlife Refuge - Public Use Regulations & State Park - Rules for State Parks and Memorials. 105 8. Sanctuary Advisory Committee. 109 9. Research Facilities and Equipment. 110 10. Research and Educational Institutions. ill 11. Education and Research Subcommittee. 112 12. Research Proposal: Information Requirements. 113 13. Sample Research Permit. 114 14. National Estuarine Sanctuary Program Regulations: June 27, 1984 116 15. Wells Sanctuary Manager: Job Description 117 List of Figures Page 1. Sanctuary locus (Maine) ........................................... 3 2. Sanctuary locus and proposed Boundary (Wells) ..................... 4 3. Acadian Biogeographic Region ..................................... 8 4. Wells Sanctuary and Drakes Island Game Sanctuary .................. 12 5. Sanctuary Land Ownership Patterns ................................. 18 6. Sanctuary Land Ownership Patterns: Inholdings .................... 19 7. Sanctuary Management Staff ......................................... 27-a 8. Wells Sanctuary Permitting Process ................................ 28 9. Wells Sanctuary Elevation Procedure ............... ............... 29 10. Building Utilization Plan: Main HOLSe.. ... ...................... 35 ll@ "isitors Cen@-xir Pendering c ..................................... 36 12. Sanctuary Facilities: Preliminary Access Plan .................. 42 I 10 I I 1 4 I I I I I* I I I I I I I EXECUTIVE SUMMARY .0 I I EM=IVE SIM4ARY The Wells National Estuarine Sanctuary was established in 1984 to provide long-term estuarine researchq education and interpretation opportunities. The Sanctuary provides students,, researcherst and the general public an opportunity to learn about natural and human processes within an estuarine area. It was established pursuant to Section 315 of the Coastal Zone Management Act of 19729 as amended and is supported by the National Oceanic & Atmospheric Administration (NOAA), U.S. Fish & Wildlife Service, the State of Maine, and the Town of Wells. The Sanctuary is comprised of approximqtely 1,500 acres of wetland and undeveloped upland In the Webhannet and Little River estuaries of southern Ma..Lne. (See Figure 1) The land within the Sanctuary is owned by three levels of government; all of which have entered into cooperative agreements for the joir)t managernent of their holdinps as a National Estuarine Sanctuary. (See Figuee 2). Th,@ goals for the Wells National Estuarine Sanctuary cover the range of multiple uses envisioned in Section 315 of the Coastal Zone Management Act and its implementing regulations. The primary goals for managing the Sanctuary are: A. To manage the Wells National Estuarine Sanctuary as a natural field laboratory and educational site. This includes the protection of the estuariesq transitional areas, and adjacent uplands and the use of these areas for short and long-term estuarine research, education, and interpretation. B. To protect fisN wildlife, and plant communities, and to prevent activities detrimental to migratory waterfowl and other wildlife communities, particularly endangered and threatened species. C. To promote the cooperative management by Federal, State and municipal agencies of the Webhannet and Little River estuaries. D. To allow for multiple uses of the Sanctuary, including the continuation of existing low intensity recreational useSt and activities related to fish and wildlife uses (e.g. hunting, fishingo wildlife observation)v which are compatible with the Sanctuary's character as a natural field laboratory and educational site. E. To develop and operate a low intensity recreational facility in Laudholm State Park. This facility may offer activities such as parking, interpretive trails, a boardwalk, beach access, swimming, picnicking and sanitary facilities. These facilities shall be established in a manner which protects the natural resourceeof the Little River estuary and further!:- the public education and interpretive aspects of the Sanc,@mry. The activities relating to the use and protection of the Sanctuary's resources are summarized as: Research - This management plan broadly describes the types of research activities that are encouraged within the Sanctuary. The intent of these activities are to provide information to researchers, coastal resource mamgers,, and the general public so that coastal management decisions may be based on sound scientific research. Educational and Interpretive - The Sanctuary provides publications, lectures, slide shows, field trips, courses, and other related programs on the Webhannet and Little River estuarine areas. These activities are coordinated with public/private schools, colleges and universitim museums, and other organizations invol@ed in educational activities. Other - This plan explicitly*allows for secondary, multiple uses of the Sanctuary provided they are compatible with tre goals of the Sanctuary. These uses include the operation of a low 4intensity recreational area and continued management of the Rachel Carson Wildlife Refuge. These uses are provided for by cooperative agreements which are contained in Appendix I and 2. -2- MAINE Figure - 1 WIPLT NATIONAL ESTUARINE SANCTUARY 0 - ow 2* 3 Pigure 2 WELLS NATIONAL ESTUARINE SANCTUARY Proposed Sanctuary Land* Includes land to be eventually acquired. SCALIK 0 .3 4 I 1* I I I I I I I I I*' I I I I I 'N I HISTORICAL I BACKGROUND 1'0 I H1STURICAL BACYC20UND The Wells National Estuarine Sanctuary is part of the National Estuarine Sanctuary system that is supported by the U.S. Department of Commerce's National Oceanic & Atmospheric Administration. Section 315 of the Coastal Zone Management Act created the National Estuarine Sanctuary Program to provide states with 50 percent matching grants for acquiring, developing, and operating areas "to serve as natural field laboratories in which to study and gather data on the natural and human processes occurring within the estuaries of the coastal zone." In addition to supporting estuarine research these sanctuaries provide students and the general public with estuarine areas where they can learn about natural processes in the coastal region and'cultural effects on them. Other uses of the sanctuaries are allowed provided they do not conflict with the goals of tfe Sanctuary. Congress established the National Estuarine Sanctuary Program in response to uistui@Uing trends appearing in coastal areas throughout tha country -- namely, the pollution of coastal waters,' the closing of shellfish beds, the draining of marshes, and other human-induced damages to valuable and productive estuarine ecosystems. Fewer and fewer undisturbed estuarine areas remain available for scientific study and public education. At the same time, the need is growing for better information about the functions and processes of estuarine ecosystems, cultural effects on them, and ways to improve mnagement decisions in the nation's coastal areas. The establishment of the Wells National Estuarine Sanctuary (herein after Sanctuary) in 1984 culminated decades of Federal, State and local efforts to preserve two of the most accessible, productive and scenic estuarine areas in the Northeast. Between 1930, when Maine undertook its first Statewide planning effort, and 1980, when the Maine State Planning Office solicited nominations for an estuarine sanctuary, the Webhannet to Mousam River estuarine system has been recognized as an important natural resource. The first initiatives to preserve and manage this area were undertaken by the U.S. Fish & Wildlife Service, through the establishment of the Rachel Carson National Wildlife Refuge, in 1966. In 1969 the Maine Department of Conservation purchased land north of the Refuge for the development of a low intensity State Park. The impetus for preserving this area as a natural field laboratory came in 1900 when the Maine State Planning Office determined the area was the most suitable in the State as a National Estuarine Sanctuary. In close cooperation with the State, the Town of Wells voted overwhelmingly to support and operate the Sanctuary. The Town, through the Laudholm Trusto was successful in privately raising the funds necessary to match federal acquisition and development funds. Governor Joseph E. Brennan also made a sizeable State commitment making this Sanctuary a cooperative State/local initiative. I I I I I I I I I I* I I I I I 'N I 111 PURPOSE I I PURPOSE This Wells National Estuarine Sanctuary Management Plan describes how the Sanctuary can be used by researchers, educators/interpretive naturalists, students, recreationists, and the general public. The Plan provides background information, sets goals and objectives for the protection and use of tee Sanctuary's resources and outlines management strategies to be implemented to achieve these goals. The Wells National Estuarine Sanctuary is a unique combination of lands and waters that were set aside as undisturbed areas for: 0 researchers to study how the estuarine system and its various resources function; 0 students and the general public to learn about the estuarine environLoent, develop an appreciation of its value as a natural resource, and understand the impact of human actions on this natural system; and 0 people to enjoy traditional recreational activitieso such as @=ting, fishing, and wildlife observation that depend on and co-exist peacefully with the abundance of estuarine resources. -6- I I I I I I I I I I I* I I I I I -N I SECTION 1: I . SANCTUARY RESOURCES I I SANCTUARY RESOURCES Contained within the Wells National Estuarine Sanctuary are two categories of resources - Natural and Cultural. NATURAL Physiography Wells Bay is a shallow, sandy basin stretching -for about ten miles along the York County coast between the rocky headlands at the mouth of the Ogunquit River north to the Kennebunk River. While there hre sub-beach systems formed by tidal reentrants at the Webhannet, Little and Mousam Rivers, the entire stretch of shoreline with the exception of Moody Point and Great Hill is comprised of sand ")each. .rhe Webhannet and Little Rivers, which form the two estuaries within the Sanctuary, rise in the sandy glacial outwash plain about eight miles inland in Wells and Sanford. Freshwater runoff from these rivers into the estuaries is moderate to low especially in the summert because of their relatively small drainage area (about 40 square miles combined) and deep glacial deposits which retain precipitation. In addition, the Kennebunk - Kennebunkport and Wells Water District withdraws about 3 million gallons of water per day from a tributary of the Little River for public water supply further reducing the flow. Consequently, the estuaries have a low flushing rate, especially in their upper reaches. The Sanctuary contains about 1v3OO acres'of tidal wetland, which represent the majority of undeveloped marsh transition and upland zones in the area. The extensive marsh system and the large area of undeveloped upland field and forest represents a unique habitat to this area of the State which attracts and supports an abundance of resident and migratory wildlife. The Sanctuary site is physically typical of the southern half of the Acadian biogeographic region, which extends from Calais, Maine to Cape Cod, (See Figure 3) with its low relief, extensive marsh and beach system. The Sanctuary is unique, however, for its diversity and abundance of flora and fauna. The combination of natural features and diverse biota make the area particularly valuable and useful for research and educational /interpretive activities. Climate The climate of Maine is noted for its variability, both daily and annually. The subclimate of the Sanctuary area is more moderate than the rest of the X State because of its southerly location and prevailing southwesterly winds. Precipitation averages 42 inches per year, with about half that amount lost as annual runoff. Average annual temperature is 460 F, with an average range of 680 in July to 2-10 in January. Fog is common in the Sanctuary during July and August, though the area receives in excess of 60% of the available sunlight on an annual average* 1 '0 -7- M,A tisfik so 4 Figure Acadian Biogeographic Region Hyd MLOa T here are two major hydrologic units in the Sanctuary; the Webhannet River and he Little River. (See Appendix 5) The Webhannet River, the major river system and estuary in the Sanctuary, has a drainage area of 14.1 square miles. The head waters of the Webhannet are relatively undeveloped and its mouth forms an extensive watland/saltmarsh area. The Merriland River and Branch Brook meet aguth of Route 9 to form the Little River, which is the second river/estuarine system of the Sanctuary. Branch Brook drains an area of 10.7 square miles. It begins near the Sanford airport from several springs and flows almost directly to the ocean, forming the border between the towns of Kennebunk and Wells. The Merriland River flows from its source in Sanford across the center of Welli to its confluence with Branch Brook. The Pelatively low flows from these two rivers izken with the 20 inch per year 6,jerage runoff of V-.- area surrounding Uhe estuaries coaioine to form a fresh water flow which is dwai-fed by tidal flushing. The tid(-:s are semi-diurnal in the mesotidal range (3-4 meters). The estuaries are well-mixed with surface salinities approaching that of sea water at high tide. At low tide they drop to 18 ppt 200 meters from the ocean. Geology Southern York County lies on the northwestern flank of the Rockingham anticlinorium and the southeastern flank of a synclinorium whose axis forms a broad curve through the towns of South Lebanont North Lebanon, and Acton. This gross structure is obscured locally by smaller super-imposed folds. The Sanctuary is situated between the Raitt Anticline and what might be interpreted as a northeast extension of the Eliot Syncline, both with northeast trending axes. The Sanctuary's bedrock forms a part of the Kittery Formation, a unit estimated to be of early' Silurian age and composed of low-grade metamorphics. (See Appendix 5). The formation is most likely of marine origin and evidence suggests it may be an altered turbidite sequence. The unit consists of purplish grey, hard, brittle, fine-grained quartzite-interbedded with a slightly siliceous phyllite which grades to a fine-grained biotite-quartz schist. Thin layers of calcite marble can be found scattered through the sequence. In general, the rocks of the formation are nearly uniformly fine-grained and non-porphyroblastiol although ellipsoidal -concretions of calcite, dolomiteg lime silicates, and quartz are common in some beds. Fauna The primary wildlife groups using the Sanctuary include waterfowl (breeding, migrating, wintering),, raptorial birds (breeding, migrating, wintering)t shorebirds (breeding and migrating), water birds (breedingt migratingAnd wintering), gulls and terns (breeding, migrating and wintering), passerine birds (some resident, breeding, migrating and wintering)t terrestrial and marine mammals (resident), and reptiles and amphibians (resident). (See Appendix 3). The Sanctuary does not support large populations of fin fish, though Atlantic and Coho Salmon as well as sea run Brcwn Trout and Brook Trout constitute a small recreational fishery. The estuaries are important breeding areas for -9- intertidal and subtidal invertebrates that are of the type common to the region such as soft shell clams, green crabs and sandworms. Zooplankton are present in the water column of the Webhannet River while preliminary evidence suggests there is mainly benthic fauna in the Little River. Threatened and Endangered Species Two federally endangered species, the bald eagle and peregrine falcon occur within the bounds of the Sanctuary. Peregrine falcons migrate along the southern Maine coast in the fall, while bald eagles are observed during the winter months. Two other significant species are the piping plover and the least terns. Both have nested within the Sanctuary, and may dd so again in the future. The piping plover is currently proposed for Federal and State endangered species designation, and the least tern has already been declared endangered within Maine. 'labitat Types The variety of plant communities found within the Sanctuary are diverse and represent marine, estuarine, forest, non-forest and agriculture systems. The classes of habitats, named according to the U.S. Fish & Wildlife Classification system adopted in 1980t include both subtidal and intertidal subsystems. The estuarine classes found here are Unconsolidated Shore, Aquatic Beds, Flats, Streambed, Beach/Bar Emergent Wetlands and Scrub/Shrub Wetlands. The marine classes are limited in area and include subtidal Unconsolidated Bottom of the Webhannet River mouth and intertidal Unconsolidated Shore directly off the beaches. (See Appendix 4 for a listing of Flora). CULSERAL Land Use History The Town of Wells was settled in 1640, one of the earliest settlements in Maine. It was the frontier of the northernmost settlement that was continuously settled during the French and Indian War. Life through the mid 1700's in Wells was centered around the many garrisons which provided protection against numerous Indian raids. The main activity during this time was clearing land and farming. The King's Highway ran along Drakes Island Beach and forded the Little River to cross into Kennebunk on Crescent Surf Beach. Farmers owned rights to sections of the marsh from which they harvested salt hay. There were similar rights to sections of the beach for the collection of seaweed as a fertilizer. Both of these practices continued into the 20th century,, and seaweed is still harvested from the beach by gardeners. Farming decreased in importance during the Industrial Revolution of the post Civil War era and tourism gradually beca Wells' major industry, starting modestly in the 1880's and flourishing from the 1920's to the present. -10- Wells 3anctuzxy ind Drakes lzland Game Sancwary In 1927, through Chapter 31 of the public laws, the Maine Legislature created a Game Sanctuary in the Town of Wells. (See Figure 4). The Legislature protected Game in-tbis area by proclaiming "no person shallt except as provided, at any time, hmt, pursue, shoot at, molest or kill any wild animal or any game or wild bird." In 1973 this area was enlarged by the Legislature to include a portion of Drakes Island. (See Figure 4). Qj A Figure 4 Drakets Island Game Sanctuary Wells Sanctuary SCALE 0 .5 1 I 10 I I 1 4 1 I I I I* I I - I I I %@. I SECTION II: I MANAGEMENT STRATEGY 1 0 I XANAGEMW SMATEGY The management strategy for the Sanctuary is based on the goals of the Sanctuary (see below) and is comprised of four elements -- resource protection and regulation, acquisition, administration, and management activities. A. To manage the Wells National Estuarine Sanctuary as a natural field laboratory and educational site. This includes the protection of the estuariest transitional areas, and adjacent uplands and the use of these areas for short and long-term estuarine research, education, and interpretation. B. To protect fish, wildlife, and plint communities, and to prevent activities detrimental to migratory waterfowl and other wildlife communities particularly endangered and threatened species. the cooperative management by Federal, State and municipal To promot(z agencies of the Webhaiulet and Little River estuaries. D. To allow for multiple uses of the Sanctuary, including the continuation of existing low intensity recreational uses, and activities related to fish and wildlife uses (e.g. hunting, fishing, wildlife observation), which are compatible with the Sanctuary's character as a natural field laboratory and educational site. E. To develop and operate a low intensity recreational facility in Laudholm State Park. This facility may offer activities such as parking, interpretive trails@ a boardwalk, beach access, swimming, picnicking and saditary facilities. These facilities shall be established in a manner which protects the natural resources of the Little River estuary and furthers the public education and interpretive aspects of the Sanctuary. RESOURCE PROTECTION AND REGULATION A. Existing Laws and Regulations There are a variety of Federal, State and.local laws which provide for the protection and management of estuarine and related water and land resources. Federal Many Federal laws and regulations (e.g, water and air pollution control, hazardous waste, etc.) aret for the most part,, delegated to states. In addition, all Federal activities or Federally permitted activities in Maine's coastal area must adhere to the Federal Consistency provisions of the Coastal Zone Management Act of 1972, as'amended. These provisions require a Federal agency to comply, to the maximum extent practicablep with State laws for any land/water alterations and planning/construction activities that directly affect the State's coastal area. The laws 'with which Federal agencies must comply are contained in Maine's Coastal Zone Management Program,, and are described in Appendix 6. -13- State The Maine coastp including the entire Sanctuary, is regulated by many State laws. State laws which protect Sanctuary resources include the: - Shoreland Zoning Law (T30 4811-4817) Protection and Improvement of Waters (T38 361,411-5) - Coastal Wetlands Act (T,38 4-71-6t 7B) - Site Location of Development Act (T38 481-5p 488-90) - Subdivision Law MO 4956) - Coastal Oil Conveyance Law (T38 344-349, 541-557, 560) - Marine Resources Management Law (T12, 3504) - Alteration of Rivers and Streams Act (Tl@ 7776-80) - State Plumbing Code (regulations) - Submerged and Intertidal Lands Law (T12-558-A) These laws provide substantial protection for coastal resources and, in ;ombination with several othersp provide the basis for Maine's Coastal Program approved by the federal government under section 306 of the Coastal Zone Management Act of 1972 as revised. A complete description of how these laws control development and protect the coastt is contained in the Final Environmental Impact Statement on Maine's Coastal Program, issued in August of 1978. (A brief overview of these laws is in Appendix 6.) Local. At the local level the Town of Wells has adopted municipal ioning, shoreland zoning, and subdivision regulations and enforces tke State Plumbing Code. The Town has zoned the entire Sanctuary either Rural or Resource Protection. The more restrictive Resource Protection zone generally includes all beachest wetlands and land areas within 200 feet of tidal water or marshland. The purposes of the Resouroe'Protection zone are to protect from adverse affect "water qualityp productive habitat,, biotic systems and scenic and natural values". Approximately 85% of the Sanctuary is zoned this classification which allows only non-structuralt non-extractive ims and is subject to specific performance standards for timber harvestings agriculturet erosion controlv and construction of minor structures appurtenant to permitted activities. Portions of the Sanctuary are in a Rurat 2one which allows non-commercial/ industrial buildings and a variety of non-StruCtural uses such as agriculturey timber harvesting-and recreation. Performance standards to control the effects of development are also applied in the Rural zone through the zoning ordinance and minicipal subdivision regulations. The State Plumbing_Codet which is enforced locallyt prohibits the installation of septic sewage disposal systems in about 85% of the Sanctuary owing to unsuitable soil conditions or proximity to surface waters. B. General Permits and Licenses Several existing uses of the Sanctuary now require that the user obtain a Permit or license to engage in the activity. These include: -14- Shellfishing - The Wells' shellfish ordinance requires a license to collect ,,)r dig (@Iat7ns, musst-,Is or quahogs. Be'ing kirimarily a recreational ard seasonal activity, this use will continue in its present regulated fashion unless there are significant increases (permitting commercial harvesting) or decreases (causing permit limits) in the resource. Fishing - State laws require licenses for fishing in fresh water. Anadramous, fishing is currently a limited activity in the Sanctuary, though future upstream stocking may make this a more popular activity and require additional regulation. Hunting - Hunting is currently prohibited in the eastern half of the Sanctuary by State law. In the remainder of the Sanctuary, hunting is regulated by the U.S. Fish and Wildlife Service which issues permits for hunting. The Rachel Carson National Wildlife Refuge opens certain portions of the Refuge to hunting of waterfowl, upland game birds, and deer. Hunters must pass competency tests in order to receive a license. There are several other Sanctuary activities which require approval by the Sanctuary Manager. These include: the group use of non-interpretive trails, ,--onstruction activities, and resource management activities. Group use (eg. nature students, school classesq etc.) of non-interpretive trails are monitored to insure that adequate supervision is available and that such use does not infringe upon research activities. Construction activities, including Sanctuary facility development are within the scope of local, State and Federal laws described in the Resource Protection and Reidlation Section. Resource management activities are subject to approval and monitoring by the Sanctuary, Refuge and Park Managers on a case by case basis. These activities require the development of special plans for such activities and are reviewed by the managing entities for conformance with the objectives and policies of the Sanctuary Management Plan. C. Regulations Applicable to the Sanctuary Currently the only regulations that apply solely to land areas within the Sanctuary are those promulgated for the Refuge and the State Park. The United States Fish & Wildlife Service operates the Refuge pursuant to Title 50 of the Code of Federal Regulations. Parts 1-199 are the existing regulations issued by the Service. These regulations address a variety of management issues pertinent to the Sanctuary. For example opening/closing times, safety regulations, permitted uses, recreationt taking of game, etc. are discbssed. The Rachel Carson Wildlife Refuge may ism* special regulations that apply specifically to the Refuge. An example of these are the Refuge's Public Use Regulations (See Appendix 7) that describe how the public can use the Refuge. 1 10 The Bureau of Parks and Recreation within the Department of Ccx@ervation has a standard set of park regulations that are applicable to all State parks. These regulations (See Appendix 7) are established pursuant to Title 12, Section 602 of the Maine Revised Statutes Annotated. The regulations pertain primarily to the use of State Parks, and apply, for example, to protection of natural valuest fires, pets,, refuse# and group use. D. Wells Sanctuary Code of Regulations A uniform code of regulations and enforceable policies for the Wells Sanctuary will facilitate cooperative management amongst the three landowners and will make the most efficient use of on-site personnel. As described above each landowner has promulgated regulations which' are different from each other. BY 1986 the three landowners will draft a uniform code of regulations. There will be two principal components of the Code -- Sanctuary Regulations and Sanctuary Enforcement Procedures. Code of Regulations - The Code will describe in detail the regulations and enforceable policies which the on-site personnel can enforce. Enforcement Procedures - The emphasis of the procedures will be on swift and efficient enforcement of the Code. It will provide the legal mechanism to allow for mutual enforcement irrespective of landownership. (eg. the on-site managers will be able to enforce Federal, State and local laws). E. External Effects an the Sanctuary Water quality within the Sanctuary could be affected by development along the Webhannet, Little, and Merriland Riverst and Branch Brook. State and local regulations which apply to land and water uses within the Sanctuary apply to those outside it affording the sa level of control and protection. Additionallyp all of the land east of Route 1, within 200 feet of Branch Brook and the Merriland Riverst is in a Resource protection zone, effectively prohibiting any new building construction or the placement of septic/sewage disposal systems. Further, about 95% of the 40-odd square miles of land within the drainage area of the Sanctuary is either in a Rural zoning district (large lot sizes and development generally restricted to residentii17 or in the case of Branch Brook is in a municipal water supply watershed and subject to additional control by the Kennebunkq Kennebunkport and Wells Water District. ACQUISITION within the boundary of the Wells National Estuarine Sanctuary is land owned by the United States Fish & Wildlife Service# the State of Mainep and the Town of Wells. (See Figure 5) In addition there is land that may be donated to and/or purchased by the Town and the U.S. Fish & Wildlife Service. (See Figure 6) -16- A. U.S. Fish & Wildlife Service In 1966 the Rachel Carson Wildlife Refuge was established and the Service began to acquire land within the proposed boundary of the Refuge. Currently there are three categoties of Refuge land that are affected by the Wells Sanctuary. These include: Category Acres land owned by the Service 1015-83 and included within the Sanctuary land owned by the Service but 223.6* excluded from the Memorandum of Understanding (See Appendix 2) land within the Refuge boundary but not owned by the Service (inholding.) 275 This land is north of the Little River, located primarily within the Town of Kennebunk. The Town of Wells will initiate discussions with the Service and Kennebunk in 1966 to amend the Memorandum of Understanding to include this land within the Sanctuary. The U.S. Fish & Wildlife Service will continue to acquire land within the Refuge boundary as willing sellers and funding permits. (see Figure 6) B. State of Maine The State of Maine owns 300 acres of land that are within the boundary of the Sanctuary. (See Figure 5). The Maine Department of Conservation, through the Bureau of Parks and Recreation, is responsible for developing 198.5 acres as a low intensity recreational area. The State-will acquire an additional 15 to 30 acres within the boundary of the Sanctuary as willing sellers and funding permits. Currently $250,000 in State funds are reserved for land acquisition within the Sanctuary. The Bureau of Public Lands also owns and manages - 100 acres of submerged lands in the Sanctuary. This land is mnaged in accordance with this Management Plan and the BPL submerged lands management plan. C. Town of Wells Between 1982 and 19e4 the Town of Wells negotiated with a major landowner within the boundary of the Sanctuary. ' In 1984, the Town sig*d a Purchase Sales Agreement that identified 245 acres of land and several buildings the Town would purchase. -17- oool 4i -A' Figure 5 % -6t- Dies bIV40 so all r a. a am mwl@ okou- - @7 ovio -MUMS S@,AMwu% rnb XnPTa J! Ir :: ce 41 1; The Agreement provided for the land to be acquired by tile Town in two Phases Octobert 1984 and April, 1985. Phase I contained 90 acres of wetland, 55 acr;-s of upland and .5 acres of beach property. Phase II contains 100 acres of uplan and several farm buildings to be used for Sanctuary related activities. In additionp the Town has included a 13 acre town marsh and upland area at the mouth of the Webhannet River in the Sanctuary. The Town, similar to the Fish & Wildlife Service, will work on acquiring inholdings either through purchase or donation. D. Acreage Summary Land & Water Areas within the Sanctuary: Town of Wells 145.5 (Laudholm Farm) 13 (Town marsh on Drakes Island) 2.3 (Donation by John Coughflin), State of Maine 198.5 (Laudholm Stat3 Park) 100 (Submerged lards) Fish & Wildlife Service 1015.0 19472 Land Proposed for Inclusion in Sanctuary: Town of Wells 100 (Laudholm Farm) 93 (Harbor, Merriland, Branch Brook) Fish & Wildlife Service 223.6 (Owned but not in Sanctuary) _275. (Refuge inholdings) 691 ADMINISTRATION A. Role of Landowning Agencies Daily mnagement of the Sanctuary is a shared responsibility. The Town of Wells holds title to the lands acquired with Federal and local Sanctuary funds. This land is managed in cooperation with the Maine Department of C*u%rvation (DOC) and U.S. Fish and Wildlife Service (U.S.M. The DOC manages the submerged lands and Laudholm State Park, and the U.S. M manages the Rachel Carson National Wildlife Refuge. In the event the Town should.fall to perform its management responsibilities the Bureau of Parks and Recreation (BPR) within the Department of Conservation would be responsible for overseeing management of the Sanctuary, as specified in the Memorandum of Understanding between the DOC and the Town (see Appendix 1). The Town,, through the Laudholm Trwt,, has agreed to provide to the Department of Conservation a minimum of $50,000/year for two years-in escrow for operational purposes. -20- The Office of Ocean & Coastal Resource Manageement and the State will monitor the management of the Sanctuary to ensure it is managed as a National Estuarine enctuary, consistent with thLi management plan anrl with applicable federal regulations (see Appendix 14). Each of the land-owning entities within the Sanctuary have retained their individual land management responsibilities and have at the same time agreed to manage their holdings according to the goals and objectives delineated in this Sanctuary Management Plan. To the extent practicable, the three management entities will share facilities and staff for Sanctuary operation purposes. The Rachel Carson Wildlife Refuge was established in 1966 to preserve valuable wildlife habitats particularly several high quality coastal marshes. The objective of the Refuge is to utilize its diverse habitats to: Perpetuate the migratory bird resource and preserve the natural livertity and abundance of mammals and non-migratory birds on the j@efuge; Provide opportunities for the visiting public to gain knowledge, understanding, and appreciation of wildlife and wildlands through the use of interpretive media; Provide understanding and appreciation of fish and wildlife ecology and man's role in his environment through a formal environmental education program; and Use refuge lands and resources for activities that provide ample enjoyment and relaxation such as hunting, fishing, photography, and 0 bservation. Currently the U.S. Fish and Wildlife Service operates a Refuge headquarters and a small trail system for the Rachel Carson National Wildlife Refuge. Although these facilities are not included in the MOU (see Appendix 2), they are available to all Sanctuary visitors. The Town is responsible for establishing a visitor center for the Sanctuary. In 1986, when the center is established, the three'managing entities will work cooperatively to create displays and programs. -During the period of trail development, technical assistance on trail design and layout will be provided by all entities. All facilities developed,in conjunction with the Sanctuary will be shared by the managing entities. Specific management responsibilities are discussed in th6@ Memorandum of Understandings in Appendices 1 and 2. B. Sanctuary Advisory Committee To achieve effective coordination and cooperation among the public andprivate groups participating in the Sanctuary, a Sanctuary Advisory Comittee (SAC) assists and advises the three management agencies. (See Appendix 8 for a listing of the Committee Members.) The SAC is an advisory board to the three land owners. Its primary role is to review and recommend appropriate courses of action; it is not a decision-making body. The SAC performs, but is not limited to, the following functions: -21- review Sanctuary research and education proposals and make recommendations to the three landowners; advise the landowners on proposed actions, plans, and projects in, adjacent to, or affecting the Sanctuary in a significant manner. enhance communication and cooperation among all interests involved in the Sanctuary; review the annual performance of the Sanctuary Manager and make recommendations to the town; and suggest methods of resolution for management conflicts between Sanctuary management entities. C. On-Site Management Personnel On-site management, including daily operation, will be performed by the Town, -the State and the FWS. The town is the lead agency responsible for overall Sanctuary management. 1. Sanctuary Manager A full time Sanctuary Manager will be employed by the Town. The Manager will have expertise in the field of natural area management, be familiar with research techniques and educational programing, and have strong administrative skills. The latter qualification is essential for the Sanctuary Manager to perform the job satisfactorily. (see Sanctuary Manager Job description in Appendix 15) The Sanctuary Manager performs the following functions: - Develops and writes work program and annual budget for the Sanctuary. - Develops and writes annual reports that document and discuss ma jor activities,, issuesq and management opportunities. - Selects, trainsg and evaluates Sanctuary volunteersp docentso and staff. - Enforces Sanctuary reguf-ail'onso - Prepares and/or supervises preparation of educational and interpretive concept plans, publications, exhibits, and demonstration areas. - Coordinates scientific investigations that advance the &Jectives of the Sanctuary. - Assists in preparation of financial applications to funding agencies and organizations. -22- The Sanctuary Manager Is sie-ected u,@in .7. 9 !.`e following 0,rocedure,, 1. A Selection Committee is formed composed of a representative from the: 0 Town of wells (selected by the Selectmen) 0 Sanctuary Advisory Committee (selected by the Committee) 0 State Planning Office (selected by the SPO Director) 0 DePartment of Conservation (selected by DOC Commissioner) 0 United States Fish & Wildlife Service (selected by the Refuge Supervisor) 2. The town, with technical assistance from the Selection Committee, solicits applications and resumes,from qualified individuals. 3. The Selection Committee reviews applications, interviews qualified candidates and recommends two candidatesp in priority order, to the Wells T,,wn Manager. 4. The Town Manager completes the selection process by hiring one of individuals. (In the event neither.of the individuals accept the position, the Town Manager will request two more names from the Committee). The performance of the Sanctuary Manager will be reviewed annually by the Town Manager and the Sanctuary Advisory Committee. The evaluation will consider the quantity and quality of the manager's work, ability to use job knowledge, judgement and decision making ability, supervisory skills, and ability to coordinate overall Sanctuary mnagement with the Refuge and State Park. The SAC will submit a recommendation to the Town Manager which will render a final decision. 2. Park Manager When the Park is developed, a full-time seasonal employee (28 weeks per year) will be placed in the Sanctuary by the Department of Conservation to mnagee the Laudholm State Park. The Park Manager will report directly to the Regional Parks Supervisor. The Manger will have the classification of a Park Manager II and will perform the following functiong:.. administer all operational activities and programs of the Park;. coordinate State Park management with other Sanctuary management activities; and train and oversee the work of other staff persons assigned to the%?ark. Currently, the DOC has a park ranger, a seasonal employee, working during the Sil r. This position assists the Town and Refuge in jointly managing the Sanctuary. 1 .0 1 -23- 3. Ref)Aze %nag2r The U.S. Fish and Wildlife Service operates six manned National Wildlife refuges in northern New Englando including the Parker River and Rachel Carson National Wildlife Refuges. These are administered by a Refuge Manager stationed in Newburyport, Masse 0 The Carson Refuge has an on-site manager, (officially an Assistant Refuge Manager)p in residence at the Carson Refuge headquarters adjacent to the Sanctuary. The Assistant Refuge Manager has a wide range of responsibilities which are delineated in the U.S.FWS Refuge Manual. Among the more significant of these are: - issuance of use permits (hunting, interpretation, research, etc); - enforcement of refuge laws; - performance of wildlife inventories; and - public relations. In addition to the traditional responsibilities the Refuge Manager will coordinate refuge management with other Sanctuary management activities. D. Laudholm Trust Responsibilities The Laudholm Trust was established in 1982 to assist the Town of Wells in acquiring land for the Sanctuary and to provide operating funds. To-date the Trust has focused on negotiating with landowners within the Sanctuary and raising funds for the Town to match federal acquisition and development funds. The Trust is responsible' for raising all funds the Town needs to operate the Sanctuary. These funding needs are developed in the annual Sanctuary budget- During the first five years of operationt the State can apply for a maximum of $50,000 a year from the Office of Ocean and Coastal Resources Management. These funds will be released when the Town certifies there are $509000 in local funds available for match. Beyond the five year period the Trust will raise funds as required in the annual budget. In 1985 the Trust and Town will enter into a Memorandum of Understanding that sets forth the basic framework of the funding relationship between the Trust and the Thwn. In sunywry, the Trust has no direct management authority in the Sanctuaryt but rather is responsible for providing adequate funds to the Town for opetbating and development purposes. E. Annual Work Programs and Budgets The preparation of annual work programs and budgets by the three managing entities serve to facilitate cooperative management of the Sanctuary. Each managing entity will routinely prepare and Circulate adraft work program for -24- e,,._,@w by v@-e othe@., major landowners prior- to finali7ing it. This p- -,cess encourages joint funding of specific facilities and/or projects as well as encouraging the on-site managers to work closely on management of the Sanctuary. This mnagement plan recognizes that local, state and federal annual budgets are prepared at different times of the year making it difficult to maximize coordinated funding of specific projects. The preparation of an annual work program by the Town follows the process described below: Step 1 - The three on-site managers confer on upcoming Sanctuary needs and requirements. The Sanctuary 'Manager then prepares a preliminary work plan. Step 2 - The lanctuary Manager confers with the State Planning Office and die Town, Virough I-audholm Trust, '.,.,o determine anticipated funeing levels for the upcoming year. Step 3 - The Sanctuary Manager prepares a draft work program and circulates it to the other on-site menagerso the Sanctuary Advisory Committeet and the Town Manager. Step 4 - The Sinctuary Manager revises the work program, based on reviewer's comments, and assigns preliminary budget figures to the work tasks. (Priorities are assigned to the tasks so that when the budget is finalized the most important activities are supported. Step 5 - The Sanctuary Manager prepares an annual budget to implement the annual work program. The budget is divided into daily operating expenses (eg.9 salariesq travel$ equipment, suppliesq other) and special projects (eg., building renovations, trail development, visitor center displays, signs, parking, etc.). Step 6 The Sanctuary Manager submits the work program and budget to the Town Manager for approval. Upon approval it is submitted to the State Planning Office for inclusion in the grant application to the Office of Ocean & Co%gai Resource Management. (The Sanctuary is eligible to receive up to $50,000/year in federal funds for five years. This must be matched with an eq6al sum of non-federal funds.) At the time of submission to the State Planning Officet the Sanctuary Manager will receive written confirmation from the Laudholm Trust that the non-federal share is available. " This confirmation will be a part of the annual budget request. Step 7 The State Planni ng Office and the OCRM process the grant application. -25- step a The State Planning Office contracts with the Town providing the -ontract funds awarded* The Laudholm Trust enters into a similar c with the Town. These contracts describe the work to be performed, the budget, the work schedule, and any contract conditions. 0 Step 9 The annual work program and budget, as revised based on the funds available, are implemented by the Sanctuary Manager and others. The Town of Wells will develop appropriate accounting controls to accept and record all federal and non-federal funds. In addition, accounts should be sufficiently detailed to distinguish feesq income , and donations collected at the Sanctuary. F. Long-Term Support of the Sanctuary State and Federal financial support of the State Park and the Rachel Carson Wildlife Refuge are relatively assured. Annual appropriations, license fees, and use fees are expected to cover all operating and maintenance expenses. Local support for the town-owned portion of the Sanctuary will come from user fees,, private donations and eventually an endowment established through private donations. The objective of the Townt through the Laudholm Trust, is to establish a $250,000 endowment within five years of acquisition and by ten years establish an endowment of $500,000. G. Current Mangement Initiatives The Service has two plans approved for the wildlife refuge. There is a boundary plan, that depicts land owned by the Service and inholdings, and a hunting plan, that perscribes where and how hunting shall occur in the Refuge. The Service has not established a formal-Refuge Master Plan (similar in scope and purpose to a Sanctuary Management Plan). The preparation of the Master Plan normally takes 18 months and involves preparing an Environmental Assessment From the Master Plan come Management Plansp similar to the boundary and huniing plans, for specific refuge resouroes_(qg. forest, grass lands, enforcementt etc.). The Refuge Master Plan is scheduled to be initiated in 1987. Until this Refuge Master Plan is completed by the Service, the Refuge portion of the Sanctuary will continue to be managed as it is now, primarily ina preservation and protection mode, with limited interpretationt hmtingt banding and inventory work. These and other management activities are described in the Refuge Mannual. As the Refuge Master Plan is developed the Service will work closely with the Sanctuary Manager, the Statep and NOAA. The only other plan for the Sanctuary was prepared by the Department of Conservation. The DOC has prepared a concept development plan-for the State Park (see appendix 1) but has not implemented it. The plan addresses publib use and access to the State property. It will be Used to guide development of the State Park. -26- i I. Rela'Gionshil.) of Mar-agement " :?rsonnei The Sanctuary Manager has the lead responsibility in determining the compatability of DOC and U.S.FWS activities with the Sanctuary Management Plan. The Manager is responsible for managing Town-owned Sanctuary lands and activities arranged with other agencies. The Manager is also responsible for monitoring the management actions of other agencies and reporting any deviation from Management Plan policies to the town, the State Planning Office and NOAA. Figure 7 shows both the existing and proposed management staff for the Sanctuary. The DOC and M Managers, besides being responsible for Managing their own areas, keep the Sanctuary Manager aware of upcoming management actions. Management actions that are potentially inconsistent with Sanctuary goals and -)bjectives will be fully discusr-,ed by all management entities when they are @)roposed. An effective working relationship between the Managers is -facilitated in two ways. The first is the preparation of monthly status reports by the managers "Lhat describe opevating/managerm--nt issues and opportunities. These reports will be circulated amongst the managers as well as the State Planning Office and the OCRM. In addition, the three managers will meet, on a monthly basis, to review management activities and upcoming events. Finallyq the managers will prepare annual work programs and circulate copies to the other managers prior to finalizing them. I. Sanctuary Permits and Notification The only activities the Sanctuary Manager issues a permit for are research projects and specific educational activities in the Sanctuary. Ali researchers must address specific research proposal questions (see Appendix 12), submit the information to the Sanctuary Managert and receive approval prior to commencing the research. A complete description of the research permit procedure is contained in Section V: Research. Figure 8 is an example of how a permit is processed. An educational permit is required when an educational activity involves collecting or sampling of Sanctuary _Mpources. To receive a permitq the Sanctuary manager must receive a letter from the applicant explaining the proposed activity, the timing and the degree of collection or sampling. The permit procedure for educational activities is similar to the research procedure. In general, the Sanctuary Manager will issue a permit if the proposed activity is consistent with the goals and objectives of the Sanctuary. All educational uses of the Sanctuary involving groups larger than 15 persons must contact the Sanctuary ManaSpr in advance and make reservations. Reservations are particularly 46mportant for scheduling purposes when groups require guided tours or presentation in the visitor center. Educational/interpretive uses of the Sanctuary by small groups or individuals are encouraged and require no advance notification. -27- Figure 7 Wells National Estuarine Sanctuary Management Staff State Town Federal Park Manager Sanctuary Manager Refuge Manager Park Receptionist Educational Administrative Biological Receptioni. Ranger Lifoguar& Director Personnel Technician Maintenance Staff Volunteers -Maintenance staff Consultants Visitors Center Personnel Volunteers/Docents NUM: Thosepositiqns-in italics are anticipated and are not funded at this tim. Om 12 = The Wells Sanctuary PermittingProcess Example #1: An individual wants to perform estuarine related research on land included within the Wells Sanctuary. Step #1 - The applicant Step #2 - The WSM Step #3 - The discusses the proposal with furnishes the applicant applicant completes the Wells Sanctuary Manager-4with an outline of the.-,&the information re- (WSM) and requests a per research proposal in- 'quirements and sub- mit to perform the research formation requirements. mits them to the (See Appendix 12 ) WS4. * Step #6 - The WSM reviews Step #5 - The reviewers Step #4 The WSM '-J)a comment*s and makes one evaluate the proposal reviews the of two decisions. and provide written +-, waterials for conments to the WSM completeness and witftL-i 15 working days. circulates copies to the research pro- posal reviewers.** Step Va Issue Permit Step 7b Not Issue Permit Provided there is concurrence by The WSM notifies applicant of the affected landowner(s) and permit denial and stipulates supporting comments are received reason(s) for rejection. (The WSM the WSM will issue the permit. cannot issue a permit over the objection of the affected land- owner(s).) Step #8a - The applicant receives Step #8b - The applicant can permit, concurs with conditions modify proposal to address and Initiates project. deficiencies or withdraw proposal. The applicant should-plan to submit supplementary materials at this time that fully describes the proposed project. Individuals that will review afi'p*roposals include the Refuge Manager, the State Park Managerl the Chairman of the Education and Research Subcommittee of the Sanctuary Advisory Committee,, the Maine Coastal Program Manager within the State Planning Office and the Office of Ocean and Coastal Resource Menagement. The three managing entities retain sole authority and responsibility for their land. In the event a conflict arises the affected agency official(s) will review the situation and render a final agency decision. The managers will then implement the decision. Affected parties may request a decision to be evaulated as shown in Figure 9. 1 10 -28- J. Calflict; Resolution Potential or real conflicts are determined by the Sanctuary Manager on the basis of notification by one of the other managers or by observation. If the managers are unable to resolve a potential conflict through modification of a proposed activity, the Sanctuary Manager will request the managers to inform their respective agency officials. The Sanctuary Manager shall also notify the State Planning Office, MOAA and the Sanctuary Advisory Committee. Figure 9 Wells National Estuarine Sanctuary Elevation Procedure State Organization Town Organization Federal Organization Governor of Maine Selectmen* Director: US Fish & Wildlife Commissioner: Department Town Manager Regional Director of Conservation Parks Supervisor Refuge Supervisor Parks Manager Sanctuary Manager Refuge Manager The selectmen may elect to defer judgement on particular issues to, town vote. The three managing entities may elect tor resolve a dispute by submitting it to an independent, panel. The panel will consist of three Individuals, one selected by each of the three agenciest and two individuals from the Sanctuary Advisory Committee, that are selected by the full committee. The individuals selected by the agencies will not be employees of -the agency nor will they be affiliated with the project. The panel will use standard mediation dispute practices. Once referred to the panel, the panels decision will be binding. The decision must be consistent with this Managewnt Plan and applicable federal sanctuary regulations. K. Plan Review and Modification A biennial review of the Sanctuary Management Plan shall be conducted by the Sanctuary Advisory Committeet the major landowning agenciest and NOAA0 This biennial report shall include a review of management tasks achieved, problems encountered, recommendationst proposed alterations to the -W,, and a commentary -29- on ,-,cheduled ngnageMer;L, ibloalS -nd ta-,.Ks for the upcoylling yezzy... fore prrpose d changes can take effect, they must be reviewed and approved by the major landowning agencies and NOAA/OCRM. The biennial report shall be initiated no later than September 15 of each odd numbered year starting in 1987 and be completed by December 15 of that same year. MANAGEMENT ACTIVITIES There are eight broad categories of Management Activities that occur in the Sanctuary. As described earlier, these activities are managed cooperatively by the Town of Wells, the Maine Department of Conservation, and --the U.S. Fish and Wildlife Service in the following mannert 1. Wetlands/Natural Areas jbjectives To manage wetland, transitional landt and sand dune areas in their natural state .@or use as natural field laboratories In which research, education, interpretive activities can be conducted. To coordinate the management of local, State and Federally owned wetlands within the Sanctuary. Description The wetlands/natural areas within the Sanctuary com .prise the largest land area; about 1,300 of the 1,500 acres. Most of this area is owned by the U.S. Fish & Wildlife Service and is managed according to the Services' laws and regulations and the Memorandum of Understanding between the FWS and the Town (see Appendix 2). Within the State Park and the Town owned portions of the Sanctuary there are approximately 150 acres of salt-marsh, about 75% of which is classified as high marsh, being subject to only occasional tidal inundation. Most of this high marsh lies between the uplands of the Sanctuary area and the back dune of Laudholm Beach. This area is particularly rich in wildlife resources, providing food and shelter for deer, muskrat and. other small mammals as well as numerous species of waterfowl and upland birds. Both the high marsh and low marsh areas, and tidal flats along the Webhannet and Little Rivers, are managed in a natural, protected status. With the exception of a proposed boardwalk for observation and beach access and the installation of a small pier for research activities, no structures will be allowed in this Nas it is area. Fencing is not expected to be necessary to protect this area mostly inaccessible and buffered by thick vegetation. Management Activities: 1. The Sanctuary, Park and Refuge Managers will oversee all activities that are scheduled to occur in these areas. -30- 2. The Town and NS will continue to acquire inholdings to protect the integrity of the Sanctuary. 3. By 1987, the managing entities will, where appropriate, post signs and put barriers at the end of trails to discourage foot traffic in wetlands. 4. In 1987, the FWS will initiate the preparation of Refuge Master Plan and will work closely with the Sanctuary and Park Managers. 2. Research Facilities Objective To encourage research within the Sanctuary by providing adequate research facilities. Description Research facilities needed for the Sanctuary include a wet laboratoryg a dry laboratory and office, stockroom, storage shed, and two small piers. Field equipment such as meteorological and water quality monitoring stations are also required. The laboratory facilities and storage areas may be located on the ground floor of the main farm house, near the Visitors Center. The final floor plan and .storage layout will be determined in more detail, as will the cost of establishing the laboratories when the main house is acquired during Phase I'I of the Sanctuary acquisition in 1986. (Facilities and equipment are specified in Appendix 9. ) Management Activities 1. In 1985-66t the Education /Research Subcommittee -of the Sanctuary Advisory Committee,, through the Sanctuary, Park, and Refuge Managers, will develop and implement a strategy to acquire basic research equipment with the operating and management funds. 3. Upland Natural Areas Objectives To manage these areas in a manner that protects the wetlands from aaverse effects. To maintain succc-ssional hardwood stands to serve as wildlife habitat and visual and pollution control buffers. To 1)tilize these areas for research, edurational, and 'interpretive purposes pro@ided 'W'jeir use does not dimin.Lsh Lhe qualit-.@,i Of ti-Je wetland areas. Description Approximately 200 acres of the Sanctuary contains relatively young successional hardwood forest. This area is located at and above the upland border of the transition zones between the wetlands and uplands and bordering the level fields of Laudholm Farm and the State Park. This successional forest contains a variety of species, with several mature stands of hardwood along the Little River and Drakes Island Road. Some selective cutting has been done in recent yearst and most of the stand is forty to eighty years old. Ownership among the three management agencies is generally equally divided. TI-P current uses of the uplan d forest arc-a and fields include buffer qualities @een 6eveloped areas along State and local roads and the Rachel Carson National Wildlife Refuge wad wildlife traluitat. in the past some wood was cut -for fuel at Laudholm Farms and to provide browse for deer at the State Park. Use of these areas is directed at maintaining the woodlands and fields. The wetlands continue to need a buffer, both for wildlife cover and as a "filter" for human activities such as run-off and noise. Selective thinning may be conducted by all three management entities for a variety of purposes. These include trail constructions prevention of encroachment on other Sanctuary activities and fire prevention. Thinning activities are coordinated through the Managers and are conducted to avoid impacts on the wetlands of the Sanctuary. Commercial scale timber harvesting is not permitted within the Sanctuary. Management Activities 1. Beginning in 1985, these areas will be used in an interpretive manner to educate the public as to the function and value of these areas. 2. In 1985 the Fish & Wildlife Service will prepare a forest mnagement plan for Service property. 3. In 1987 the Town will act in a lead role in developing a forest management plan, incorporating the Service's-Plan. The plan will be approved by the three managing entities and.the OCRM- 4. Trail System Objectives To expose and inform Sanctuary visitors about the biologicals geological and hydrological components of a 3alt-water estuary and its associated landforms. -32- To provide a variety of educational experiences and challenges to satisfy the interests of all age and ability groups. To establish a permanent field observatory to complement science programs of area schools. To provide an alternative educational experience to the many thousands of tourists who annually visit the Wells Bay area. To provide access to a variety of ecosystems, educational and recreational sites within the Sanctuaryq while at the same time discouraging access to areas unsuitable for extensive use. Description A system of foot trails, eventually totalling three miles in length, will be made available to sanctuary visitors. (see Figure 12). These trails comprise the primary interpretive function of the Sanctuary, and as such, will be sited and constructed to carry visitors through the variety of land forms and habitats which are typical of the Acadian Biogeographic region. Most trails will be self-guiding with observation stations referenced to an explanatory trail guide. Trails will be of various lengths and ecological complexity to meet the needs of different user groups. They are designed to be broadly representative of Sanctuary values to ensure that each gives the user an understanding of the transition from upland to wetland. Trails will radiate from the Sanctuary's visitor center, and from the F&WS headquarters. The existing Fish & Wildlife Service trails near the F&WS headquarters are not within the Sanctuary but are available to Sanctuary visitors. Trails will also radiate from a centrally located shelter between the two parking lots at the State Park when the State Park is developed. Trail construction will vary according to the land form, though to minimize environmental damage, critical area treatments such as boardwalks, bridgest mulching and underdrains will be utilized where necessary. Also, overlooks and Platforms will be provided as alternatives to trail crossings in wet areas or important or vulnerable habitats. Me .1terials native to the Sanctuary site are used in constructing trail facilities and furniture. Final layout and construction *costs of the trails are subject to more detailed study and an on-site environmental assessment. Final design will incorporate the consideration of handicapped access. Sanctuary trails will be maintained by the Fish & Wildlife Service, Bureau of Parks and Recreation and the Town,, each being responsible for that @ortion of the system an their respective land. The Town, through their cooperative agreement with the Department of Conservation, has the option to maintain the trails within the Park between October and April. -33- @@,agement Actlvitie!74 1. In 1985 detailed trail planning will begin. Trail planning will be performed by a consultant in cooperation with all landowners. 2. Trail construction will begin in late 1985 and will be completed by 1988. (The actual trail construction schedule depends on land acquisition schedule and funding availability.) 30 Guided tours of th e trail system will be conducted on a pre-arranged basis with the Sanctuary Manager, Park Ranger, Refuge Manager or other employee or volunteer of the Sanctuary. Such guided tours are scheduled and guide arrangements made through the Sanctuary Manager. 5. Visitors Center Objectives To provide Sanctuary visitors with an educational introduction and interpretation of the area and encourage them to participate in other Sanctuary activities. To provide space and facilities for group use of the Sanctuary. To establish an on-site public relations program. Description The primary visitor center of the Sanctuary will be operated by the Town and will be focal point for Sanctuary visitors. The FWS also operates a small office which provides educational and interpretive materials. The FVS office is not located within the Sanctuary and is not discussed extensively in this mnagement plan.. The Town's visitors center will be the focal point of the Sanctuary. It will be located in the main farm house which is prominently sited atop the highest land form in the Sanctuary. The center w@k@ be located in an ell at the northerly end of the building. Physically, the visitors center will comprise an area of about 1,400 square feet. (See Figure 10). The main portion, comprising the entire ground floor of the ell, will contain an information desk (staffed by volunteers) from which verbal directions and Sanctuary pamphletsv biological fact sheetsp etc., will be available. The remainder of the floor and wall space on the ground level will contain audio/visual displays as well as aquaria, terraria and specimen displays (see Figure 11). Visual displays anl other aids are developed under the direction of tre Sanctuary Manager, with actual production and/or loan arrangements made through consultants and area and national institutions. A small library will also be on this floor. The major purpose of the display area of the visitors center is to acquaint the visitor with general concepts of estuarine ecologyp the National Estuarine -34- B 1 B 2 FbrCh C 2,3# 61 94 3f D Porch Figure 10 WELLS NATIONAL ESrumtom SANCTUARY -SUMMAICS Uj-IUXA?ION OLAN (11 @*'ntdtiwj Main Fdrfi% Moust A - Ymurars center la-1 Classroom Smack SMnc+uarjj,; M&z&,%ws ALSIdena MILE C- Laborotorits 0- Display Arvm a-nd Ubrary -35- 'iNo it A 0 main JL Figure 11 0 welLs WMMAL CmA PA TUARV- Sanctuary program and specifically with the ecology of the Wells Estuarine Sanctuary. The visitors center will be oriented toward encouraging people to utilize the interpretive trail system or attend a guided program to gain first hand knowledge of the estuarine system. A me77-anine in the visitors center will contain a small concession area where books, pamphlets and other materials and items germane to natural sciences and the Sanctuary itself will be sold. Adjacent to the visitors center in the ell to the main house will be a classroom and lecture area for small groups. In addition, a 1vOOO square foot area of the main barn adjacent to the visitors center will be converted to a 200-seat auditorium for making presentations to larger groups. Management Activities 1. By 1986 the town will prepare detailed plans for renovating and equipping the visitors center. 2. In the spring of 1986 the Sanctuary Manager will begin to solicit loans of displays, graphics, etc. 3. In 1986 the Town will begin renovations to main house and selected out buildings to provide for the manager's residencev office and equipment storage space, and laboratory. (Detailed cost estimates are not available because the buildings will not be acquired until 1986.) 4. The Town and State will analyze and decide on the most appropriate mechanism to operate the Cdnter. The management options include the Town, the Statet or a private conservation organization. 6. Recreational Areas Objective To establish a low intensity seasonal recreational area incorporating interpretive trails, beach access, parking and picnic/play areas. Description Laudholm State Parkt a 198 acre tract of undeveloped fieldso woodlandt wetlandst dune and beacht was acquired by the Maine Department of Conservation in 1969- The State obtained the Park property for the purpose of establishing a low intensity public beach, trail systemp picnic sitest and general play areas. In 1986 the State will increase its holdings when it purchases land in Phase Two valued at $250,000. This land will be purchased for inclusion as a part of the Estuarine Sanctuary -37- conceptual development plan, (see Appendix i) for V-,e park provides for vehicular access from Skinners Kill Road to a contact station. Parking fees would be collected there and information rules and Sanctuary literature dispensed. From the contact station, vehicles would be directed to one of two 70-car parking areas - one primarily for beach users and the other for picnic, play area and Sanctuary trail areas. Play areas would be developed In the existing open field nearest the park entrance and picnic sitees would be located on the fringe of the fields and in shallow wooded areas on the northerly edge of the fields. Interpretive trails will be located along the Little River, to the edge of the marsh and to Laudholm Beach via a broadwalk with an interpretive @-",tation across the marsh. Sanitary and maintenance facilities will be appropriately located. I (,@ice developed by the Bureau, the State Park will be operated and maintained by Vv Bureau on a seasonal basis, generally from May to September. The Bureau and ItIown have agreed, moreover, through their Memorandum of Understanding, that the park's trails and beach areas may be managed by the T'own for 6anctuary purposes (interpretation and research primarily) during the October-April period. Staffing for the State Park is likely to include: Park Manager, Park Ranger, Park Receptionist, and Lifeguards. These are all seasonal positions, ranging from an 11-week. tenure for the lifeguards to 28 weeks for the Park Manager. Management Activities 1. All management activities related to the recreational development of this area are contingent upon the availability of development funds. At this time no State funds are allocated for this use. 2. In 1985-6 the Town, with consent from the Department of Conservation, will begin partial trail development on State land. 7. Access to the Sanctuary-and Related Support Facilities Objectives To provide optimum accessibility to the Sanctuary and clear direction to. Sanctuary visitors regarding the facilities available. To provide administrative and support structures that meet the long term needs of the Sanctuary and its visitors without creating undue environmental or aesthetic harm. Description Primary access to the Sanctuary's resources /faci 1 ities and parking are located on Town and State owned lands. The FWS does operate their Refuge headquarters on Rt. 9 but this will be secondary to the Town's visitors' center. The vehicular access points to the Sanctuary are via Lower Landings Miles Laudholm Farms and Skinners Mill Roads from Routes 1 and 9. -38- The Sanctuary visitors center parking area is operated year-round as is ttn amall parking area at the FWS office. A State Park parking area will operate from May through September when the Park is developed. The State Park, the town Sanctuary visitors center, and the FWS headquarters require @isitor and administrative support facilities such as office space, manager's residencep equipment storage, sanitary facilitiest etc. These are described in Management Activities section number 5. Management Activities 1. In 1986 four one foot by three feet signs will be made by Laudholm Trust and installed on wooden posts by the Town of Wells in conformance with Maine's Unifoem Highway Advertising Sign Law. These will be placed on Routes 1 and 9 and Laudholm Farms and Skinners Mill Roads directing visitors to the Sanctuary. 2. In 1986-87, the Town will construct a two acre parking area and foot path for Sanctuary visitors to service the Sanctuary visito r center. 8. Surrounding Land Uses Objective To monitor and where possible influence development that will be harmful-to the Sanctuary and its resources. Description The effects of existing land uses and land use changes within the drainage area of the Sanctuary are beyond the ability of the Sanctuary to manage. The primary responsibility for both planning and regulating land uses surrounding the Sanctuary is vested in the Town of Wells. (See Appendix 6.) Wells is governed by the Town Meeting form of government whereby plans and ordinances are adopted by plebescite and carried out by elected and appointed boards and employees. The land use pattern immediately-surrounding the Sanctuary hast in some instances, adversely affected refuge marshes by destroying valuable upland buffers and wildlife habitat. To the east of the Sanctuaryp the Drakes Island and Wells Beach oceanfront area consists primarily of seasonal or converted to year-round "cottages" built an a former sand dune area. The major impact of this area on the Sanctuary include peoples, domestic pets,, extensive*traffic and the seawalls that accelerate beach erosion. The highest density land Use Within the watersheds of the Sanctuary is in the area between U.S. Route 1 and the Maine Turnpike. This area is.heavily developed for commercial, seasonal commercial and residential uses with some industrial usage near the Wells Turnpike exit. Farther inlandt west of the Turnpike, land use is primarily rural residential, with lot sizes averaging over an acre. This area is regulated by local zoning and subdivision controls to prohibit development which would adversely impact Water quality. -39- i -Xther -tevelopwrit anU use if lard adjacent the Sanctuary an(l w-Ithin Lts watershed will be prevented from impacting Sanctuary resources by the network of laws and regulations described in Appendix 6, which delegate the control of land use to State and local authorities. In addition, Town of Wells zoning provides for low intensity development in areas west of the Turnpike and further prohibits development in close proximity to the Webhannet and Little Rivers. There is little land available for development adjacent to the Sanctuary itself and redevelopment at higher densities is not allowed. Management Activities 1. The landowners of the Sanctuary will install signs and fences, where appropriate, to notify the public as to the location of Sanctuary lands. In particular signs will be located on,Drakes Island and Skinners Mill Roads. Numerous signs already exists on FWS land. 2. The Sanctuary Manager will work closely with the Town planning board an reviewing developments that could adversely effect the Sanctuary. -40- I I I* I I 1 4 1 I I I 0 1 I I I I A I SECTION III: I ACCESS - I* I ACCESS The location of the Wells Sanctuary between the heavily travelled U.S. Route I and high density seasonal development along Wells and Drakes Island Beaches make it accessible, both physically and visually. The Sanctuary abuts in excess of a mile of several public. roads and is viewed panoramically or in vistas from over 4 million vehicles per year. With so much potential access and exposure, the objective of assuring public access to the estuarine sanctuary becomes one of managing access to focus attention on the research and educational aspects of the area without attracting so much traffic that these values are diminished. Access for Education and Interpretation There are three public access points to the Sanctuary proper. 11-e primary Sanctuary access is via U.S. Route 1 to Laudholm Farms Road. A directional sign is located at the intersection of Route 1 and Laudholm Farms Road, and a larger sign identifying the Sanctuary is on the Farms Road at the entrance to the Sanctuary. (U.S. Route 1 is a three-lane, Federal Aid Primary road, the major toll-free north. - south artery in Southern Maine and Laudholm Farms Road is an 18-foot wide paved town road). Directional signs at the entrance to the Sanctuary will direct automobiles to parking areas for the Visitors Center, trail system and State Park. Access from the parking area to Sanctuary facilities will be provided by a footpath, about 300 meters in length, to the main buildings. All major trails and pedestrian beach access will be from either the Visitors Center or State Park parking areas. A group tour drop-off and handicapped parking will be located adjacent to the visitors center. The second access point is from Route 9 at the Rachel Carson Wildlife Refuge headquarters. The headquarters has a small trail system available to the public. The third major access point will be from Route I on Skinners Mill Road. When the park is developedg park users wtV.arrive by vehicle will be required to pay a "parking fee" for use of one of the two seventy car parking lots.. Access to the Sanctuary trail system,, Visitors Center and beach can be gained through the State Park. In addition to these major points of access, several visual access points with sign displayst highlighting estuarine ecology and describing the Saectuary will be located at high-volume pedestrian facilities abutting and overlooking the Sanctuary. These will be located at Town-owned public parking lots used for beach access and will be designed to provide the uninformed pedestrian about the ecology of the estuary and with general information about the Wells National Estuarine Sanctuary, including directions to and programs at the Visitors Center. Three guided trails in the southern part of the Sanctuary (See Figure 12) may be developed if there is a demonstrated need. In the event they are developed, the on-site Managers or Sanctuary Docents will offer guided tours. These will be coordinated through the Sanctuary Manager. -41- P 00, SOY 41L Ak Figure 12 0 WELLS NATIONAL ESTUARINE SANCTUARY Preliminary Access Plan Interpretive Trails Guided Trails P Parking Areas Visitors Center Play Areas JL Immm Boardwalk SCALE Access for Research Specific research stations, such as the marsh areas South of Mile Road or north of Drakes Island Road, may be reached by foot from the upland areas, by automobile along paved highways or by boat. Small boat access to the Sanctuary is available via small boat ramps at the end of Lower Landing Road in Wells Harbor. The shallowness and narrowness of the estuaries, however; serves to discourage all but shallow draft craft such as canoes and day-sailors. Access for Other Uses Other than Sanctuary uses involving trai; use and beach recreational use, the majority of pedestrian access is expected to be for the seasonal activities of recreational shell-fish digging and hunting. These latter activities are controlled by permit and/or lice@@-Ise. Management of Public Access Trere are both existing and needed controls governing access to -and use of the Sanctuary. Certain casual uses such as pedestrian use of the Sanctuary, hiking, etc. will be unconditional, though in sensitive environmental or research areas, uses will be prohibited by signs or temporary fencing. For most uses of the Sanctuary, however, some form of oversight or management is needed to insure that. users are cognizant of the resources and that their activities are confined to appropriate areas. Parking fees will be charged for private automobile use and will be used to help defray the costs of operating the Sanctuary. Group bus access will be encouraged. -43- I I I I 9 I I I I 10 10 1 I I I I SECTION IV: I RESEARCH 0 - I I RESEARCH The fundamental purpose for establishing the Sanctuary as a natural field laboratory is to encourage estuarine research. This section of the management plan broadly describes the types of estuarine research that are encouraged within the Sanctuary, the manner in which research activities are permitted and the facilities available. Research ObJective The long term objective of research at the Sanctuary is to provide a thorough understanding of the physical and biological processes that shape and regulate this important ecosystem. The research pla@ is guided by the goal of the National Estuarine Sanctuary Program to "assist States ... to acquire and manage estuarine areas for long-term research that will provide data over time to impro,,@o the coastal management decisionmaking process." Estuarine research in the aquatic and transitional areas of the Wells Estuarine Sanctuary Js the most important -ctivity that will occur in the Sanctuary. The primary objectives of this research effort are: To promote and facilitate estuarine research in order to better understand the dynamics and relationships of estuarine and ocean waters. Research is aimed specifically at providing answers regarding better management of estuarine and related areas within the Acadian biogeographical zone. To promote the coordination of private, State, and Federal research in the estuarine environment. Research Context The land and w9ater areas of the Sanctuary are managed in a protectedo undisturbed status making them ideal sites for long-term research projects. The Sanctuary encourages research that improves coastal resource management decision-making in Maine, New Hampshire and Massachusetts as well as other parts of the nation's coastal zone. Research conducted in the Wells Sanctuary will provide estuarine information useful in the management of similar areas in northern New England. The Sanctuary encourages a wide range of research on U.S. Fish & Wildlife Service lands as well as-on the town and State owned lands. Research in the 1,500 acres included within the Sanctuary's boundaries is intended to enhance our understanding and awareness of the natural processes at work in an estuarine environment. This land area includes extensive salt marshes in the Rachel Carson Wildlife Refuge, a dynamic interface of estuarine and ocean environments an the Little and Webhannet Rivers and transitional areas bordering the wetlands. The only known organized research efforts at the Sanctuary have been in the area of coastal geology, related botanical inventoriess and least tern/piping plover research. These have been conducted through Maine's Coastal Programp the University of Maine, and Maine Audubon. They have identified the Sanctuary as containing some of the best and rarest of sand dune/beach features in Maine. Wildlife inventories. and observations conducted by the Fish and Wildlife Service -44- as part of its management program in the Refuge have indicated an unusually large diversity of bird species in the Sanctuary -- due partly -Lo its diverse undisturbed habitat and partly to its location. Research Priorities Three broad research priorities are established for the Sanctuary. These include: 1. Baseline Monitoring Studies - This priority addresses the collection of baseline data related to plants and animals (vertebrates and invertebrates) of the Sanctuaryl distribution of biotic communities, hydrologic and geologic featurest etc. q 1 2. Ecological Studies - This priority addresses a broad range of characterization studies including: Physiological Ecology - Organism function in relation to the environment, e.g. study of plant growth in relation to salinity. Evolutionary Ecology - The ecological study of adaptationg e.g. life history patterns of salt marsh invertebrates. Population Ecology - The regulation of populations and population interactions e.g. predator-prey relationships. Community Ecology - The study of assemblages of plants and animals and the factors that allow their coexistance e.g. study of why species diversity in salt marshes is limited. Ecosystem Processes - Study of nutrient cycling and energy flow exchanges between the abiotic and biotic components of the ecosystem e.g. nutrient flux between salt marsh and tidal creeks. 3. Coastal Management Issues - This priority addresses a wide variety of complex coastal issues such as the relation of salt marsh productivity to fisheries; effects of sedimentation, filling and dredging in estuarine areas; estuarine responses to man-induced changes. Research Programs A wide variety of research tasks are encouraged to fulfill the research priorities described above. These include both new and ongoing research. New Research Nutrient and Water Chemistry - Collection of periodic water chemiltry and nutrients samples. Dissolved oxygent salinity, temperature, nitrates and phosphates samples taken at'high and low tide, at different locations in both estuaries as well as water chemistry samples taken in the Gulf of Maine. Hydrological Flows - Analysis of water movement in both the Little and Webhannet Rivers using flow meter readings made at high and low tides on a monthly basis. -45- ascular Plants - "reparat. on @.,f vas,-;@,Iar p1wit species iist, rc tive population levels and location data. (Species biology on selected estuarine species is an adjunct to this task.) Salt Marsh Productivity - Analysis of the primary and secondary productivity of the salt marshes in the Webhannet and Little Rivers. Bacteria - Collection of monthly bacteria samples from the Webhannet and Little River estuaries and the ocean waters off Laudholm Beach. Algae and Invertebrates - Collectiont via plankton nets, on a monthly basis at high and low tide to determine quantity and quality of algae and invertebrates (both mature and immature). (This incl@des species identification and population levels for each sample.) Insects - Analysis of species biology and population dynamics of salt marsh @.nsects including the greenhead fly and mosquitos. Comparative Physiology - Preparation of comparative studies between the Viebhannet and Little Rivers and among othev estuaries along the Maine and New Hampshire coast. Ongoing Research Currently several agencies and organizations are conducting research in the Sanctuary. This research includes: Black Ducks and Waterfowl - The Wells National Estuarine Sanctuary is a prime wintering area for black ducks in southern Maine. During the spring and summer, an estimated 12-15 pairs of black ducks nest in the Sanctuary. The black duck is a high priority researeh task because of its declining population in estuarines along the east coast. Specific studies include the black duck's winter feeding activities, winter food supplyp disturbance on the wintering ground, population, nesting sites, and fledging success. Least Terns, Piping Plovers - The Sanctuary has been a nesting area in the past for both species. Since 1977, the Maine Audubon Society has conducted a Least Tern Research and Protection project and more recently began to include Piping Plovers in this program as well. These studies on population dynamics, fledging success, population, food source, and management techniques will continue for both species. Soft Shell Clam - The Sanctuary provides excellent habitat for the soft shell clams in both estuarine areas. The Department of Marine Resources has conducted studies of the soft shell clam and its predator the green crab. N Fish - The population dynamics of fisht primarily the striped bass,, are being studied at the Sanctuary. The DMR also has an active research program on anadromous fishes. Shorebirds - The Sanctuary is used as a shorebird feeding and nesting area during the spring and fall migration. Studies are being conducted on arrival and departure dates,, population levels, and migratory patterns. Cooperative studies-on shorebird migration are being conducted with Canadian and American researchers. -46- Seals - Studies of the Harbor Seals are being conducted in the waters off Kennebunk and Kennebunkport. Studies of the seal's behavior and population dynamics may be conducted in the estuarine area of the Webhannet and Little Rivers. Sand Transport - The barrier beach that forms the eastern boundary of the Sanctuary is typical of a number of sand beaches in southern Maine. Part of the beach is developed and outside of the Sanctuary, while another portion, Laudholm State Parks is undeveloped and within the Sanctuary. Research is being conducted on the beach profiles erosion and accretions and sand spit formation. In addition, comparative studies are being conducted on the effects of houses built on stilts and foundation on the movement of sand in the back dune areas. Research Institutions V I In northern New England there are a variety of research laboratories and Universities conducting estuarine, marine biological and oceanographic research. Several of these have major estuarine research components. The Ecosystem Center at the Marine Biological Laboratory in Woods Hole, Massachusetts and the Jackson Laboratory of the University of New Hampshire place considerable emphasis on estuarine studies. Other marine research institutions in the region are the Woods Hole Oceanographic Institute, Northeastern University's Laboratory at Nahant, Shoals Marine Laboratory operated jointly by the University of New Hampshire and Cornell Universitys, the University of Maine's Darling Center, and the Bigelow Laboratory in Boothbay Harbor, Maine. (See Appendix 10) Research Coordination Strategy The Sanctuary Managers, with assistance from the Research and Education Subcommittee, requires all researchers performing work in the Sanctuary to prepare and submit an annual abstract describing the research project. These abstracts are then collated and.distributed to all interested State and Federal agencies, university departmentss, and individual researchers working in the Sanctuary. Provided there is adequate interest, the Sanctuary Manager may decide to convenue an annual meeting of Sanctuary- researchers. Researchers can present recent results of their work and review the-goals of their project. Finally, the Research and Education Subcommittee will compile an a six month basiss, a list of past and present rewarch projects in the Sanctuary. The Sanctuary Manager is responsible for publishing and distributing the list- Sanctuary Research and Education Subcommittee The primary purpose of the Sanctuary Research and Education Subcommittee is to advise the Sanctuary Manager and the Sanctuary Advisory Committee an proposed research activities in the Sanctuary. A secondary purpose is to encourage researchers to perform research in the Sanctuary. The Subcommittee also provides a forum where estu;irine research activities in the Acadian Biogeographic region may be discussed and coordinated. The composition of the Subcommittee is described in Appendix 11.- -47- Aesearcli Proposals: Review Procedute The Sanctuary"Managert in consultation with the Refuge and Park Managers, is responsible for coordinating and approving all research activities in the Sanctuary. Only approved research activities may be conducted in the Sanctuary. The following procedure is used to review and approve/disapprove proposed research activities: 1. The, researcher, proposing a specific research activity, herein "tee applicant", must request a research proposal c@ecklist (see Appendix 12) from the Sanctuary Manager* 1 2. The applicant completes the form, attaches any additional material necessary to fully explain the proposed research, and submits it to the %ontuary Manager@ (All researc@ers snou.'id submit proposals to the -3wr,@tuary pi-ior to subm.i.ssion to funding agencies.) 3. The Sanctuary Manager, wl'thin ten working days, makes copies of the research proposal and sends copies to: a) the Refuge Manager b) the Park Manager c) the Sanctuary Education and Research Subcommittee and d) the Coastal Program Manager, State Planning Office e) National Estuarine Sanctuary Program Research Coordinator Copies will be sent to peer reviewers when possible. 4. Comments by all reviewers must be sent to the Sanctuary Manager within 15 working days of receipt of the material. If supportive comments and no adverse comments are received the Sanctuary Manager will prepare and send a letter of approval /permits to the applicant (see Appendix 13), attaching standard conditions and any special conditions as deemed appropriate." If adverse comments are received from one or more reviewers, the Sanctuary Manager shall notify the reviewers and attempt to negotiate appropriate revisions within 10 days of receiving the comments. The Sanctuary Manager may request a meeting with the-reviewers to discuss the proposal in detail. In the event a meeting is required the Sanctuary Manager makes arrangements for the meeting. If a settlement cannot be reachedo the Sanctuary Manager shall deny permission to undertake the research, clearly explaining the reasons for this decision. The Sanctuary Manager shall provide copies, of this letter to each reviewer. 5. In the event the managers cannot amicably resolve the issue the Sanctuary Manager will follow the dispute resolution process described in.Section II: Management Strategy. -48- 6. If the applicant's proposal is denied the applicant may either modify the proposal to respond to the comments or withdraw the proposal. Pre-proposal coordination meetings are encouraged by the Sanctuary Manager to avoid incompatible research proposals and to facilitate estuarine research in the Sanctuary. In the event the proposed activity is deemed sufficiently complicated the Sanctuary Manager may extend the review period. This applies particularly for manipulative research. Research Facilities and Equipment The research activities to be conducted in the Sanctuary require certain laboratory facilities and specific equipment. The research laboratory will be located on the ground floor of the Main Farm House near the Visitors Center Final laboratory design will occur in 1986 when the building is acquired. The laboratory will be comprised of four elements: 1. Wet Laboratory 2. Dry Laboratory and Office 3. Stockroom 4. Storage Shed The specifications for each of these four elements include: 1. Wet Laboratory: A room large enough for f our lab benches and a refrigerator and other related equipment; electricity and running water with double sink; adequate ventilationt probably one laboratory hood; a floor of waterproof materialg preferably with a floor drain; cabinet and drawer space for storage of small items; and distilled water system with a millipore filtering system. 2. Dry Laboratory and Offices: A@-room large enough for four tables or side benches; electricity; freezer; cabinets9 drawers and desks for three or four persons; and bookshelves and file cabinets. 3. Stockroom: A small room with shelves and cabinets. 4. Storage Shed: At least twenty feet by twenty feett with large doorway and easy access to the outside. %, In addition to the facilities described above there will be small piers located in the Webhannet and Little River estuaries. _49- Research Prosiectus The Sanctuary has great potential as an outdoor laboratory. With the provision of laboratory facilities and the availability of data from the inventory and monitoring programs, the diversity of natural ecosystems should attract a number of competent scientists to the Sanctuary. It is important that the Sanctuary staff inform the scientific community of the availability of the laboratory and natural areas for research purposes. The Sanctuary Manager, with assistance from tte Research Committee, will prepare a printed prospectus describing the research opportunities, and send this to researc@ers- -so- I I I I I I I I I I* 1 0 I I I I IN I SECTION V: I .- EDUCATION &INTERPRETATION .0 I I 7DUCATTON AND IW-TRPRrTATION A primary purpose of the Wells Sanctuary, second only to estuarine research, is the fulfillment of the national goal of public awareness and education. The Wells Sanctuary exerts an aggressive and sustained effort to make the Sanctuary available to the general public and specifically to primary and secondary school groups for educational use. Education/Interpretation_Ob@ectives 1. To teach and demonstrate the importance of an estuarine sanctuary and the need for long term protection of such natural sites; 2. To teach the natural history of estuarine, coastal, and adjacent upland areas; 3. To explore the relationships between people and tneir environments, both natural and cultural, from the perspectives of biology, geology, history, agriculture, and human ecology, and to encourage :--onstructive use of this information in the public interest; and 4. To demonstrate how research contribute s to our understanding of the estuarine environment. To carry out the ob@ectives of this education plan there are both physical facilities established at the Sanctuary and off-site promotional initiatives to inform and involve the public. Special emphasis is placed on the involvement of local schools. Both on and oft-site interpretive/educational programs of the Sanctuary utilize existing educational and human resources In the region. The Sanctuary's programs complement and augment related programs and facilities nearby. Facilities in the area that complement the Sanctuary include wildlife refuges and wildlife conservation areas containing interpretive trails, though these are limited generally to marsh, marsh-dune or upland systems and none encompass the whole upland-transition-wetland-dune-beach system which makes the Wells Sanctuary so representative of the Acadian region. The majority of Sanctuary educational and interpretive use is expected to be from primary and secondary schools within York and Cumberland Counties in Maine and Strafford and Rockingham Counties in New Hampshire. The educational outreach effort and Visitor Center displays and graphics will be directed toward a general science/ecology audience typical of junior and senior high schools in the region. The Sanctuary Manager, with the assistance of the Education and Research Subcommittee of the Sanctuary Advisory Committee will conduct an outreach effort aimed at primary and secondary schools in the Southern Maine/New Hampshire area to acquaint teachers and administrators with the Sanctuary and materials and programs available through the Sanctuary. Education/Interpretation Priorities Three broad education/ inte rpre tat ion priorities are established for the Sanctuary. These include developing and operating a variety of educational programs that: 1. inform people about estuarine areas and their value; 2. develop and maintain a trail system that allows visitors to gain a first-hand knowledge of estuarine environment; 3. develop and distribute educational brochures and cirriculum guides to local schools, librariest and related institutions; and 4. on-site programs. On-Site Interpretation and Education Facilities A. Visitor Center A Visitors Center with a small classroom, and auditorium, and exhibits will be located on the first floor of the main house at Laudholm Farm. All traffic destined for the Sanctuary will be guided to the Visitors Center from U.S. Route 1 by a sign on Laudholm Farm Road. Parking for Sanctuary trail and visitor center use will be provided about one-quarter mile from the Visitor Center. Accommodations for the handicapped (ie, parking, trails, access to the display area, etc.) will be provided. (A more complete description of the visitor center is in the Management Strategy section of this plan.) B. Trails A network of self-guided and guided interpretive trails and boardwalk afford Sanctuary visitors an opportunity to observe the setting of the estuarine system as well as to view typical examples of plants, land and water forms and animals of the Acadian Biogeographic region. (A more complete description of the trail system are in the Management Strategy and Access sections.) Educational Tasks A wide variety of educational /interpretive tasks are encouraged to fulfill the priorities described above. These include preparation of written materials and establishment of educational materials program. Educational Materials Sanctuary Visitors Self-Guiding Package - A brochure and map of the Sanctuary to distribute to all visitors. Written in layman's termsv the brochure will provide general information on the estuarine, salt marsh, sand beach and upland areas including natural and land use history. Supplementary Packet - For visitors wanting more information on the Sanctuary, a supplemental information packet will contain 1) an ecosystem map of the Sanctuary, 2) species lists of plants and animals, and 3) geological history. -52- Sdur-9tJonal Brcchures - A series of educational brochures on the Sanctilary will be aade availiaole @,o @,@e 6enei-al public. These Lrochures will preserit Ln general terms scientific and ecological concepts Of an estuary in the Acadian biogeographical area. The brochures will be well illustrated with photos and illustrations. Between 1985 and 1988 educational brochures will be prepared on the following topics: What is an Estuary? Vascular Plants of the Wells National Estuarine Sanctuary Algae of the Wells National Estuarine Sanctuary Invertebrates of the Wells Na@ional Estuarine Sanctuary Fishes of the Wells National Estuarine Sanctuary - Birds of the Wells National Estuarine Sanctuary - Mammals of the Wells Nat-, -onal Estuarine Sanctuary - Hydrclogic Systems in t@e Wells National Estuarine Sanctuary .--ind Reach Systems of tti, Wells National Estuai@ine Sanctuary Geolo&l of the Wells National Estuarine Sanctuary Chastal EnvIronmental Laws Citizens Involvement in Coastal Land Use Planning The History of Laudholm Farm By the summer of 1985 interpretive trail pamphlets will be prepared to be used both on the trail system as guides and in classrooms as descriptive teaching tools of Sanctuary flora, fauna and geology. The Sanctuary Manager will be responsible for directing the design of brochures using both consultants and volunteers from the Sanctuary Advisory Committee. Public/Commercial TV & Newspapers - As part of the Sanctuary's educational outreach program, the Sanctuary Manager and Education Director will write articles for the local newspapers as well as appear on TV from time to time to discuss estuarine issues. TLzachers' Guides - The Sanctuary will prepare teachers' guides for three educational levels (grades K-4, 5-8, and 9-12). These guides will explain the biological, chemical, ecological, and geological facts of an estuarine. The guides provide suggested field trips, research subjects, reading material, report projects and discussion topics. Exhibits - These will include audiovisual displays as well as aquaria, terraria, and specimenst and will offer hands-<m opportunities for visitors. Some will be developed on-site; others will be borrowed for temporary display. On-site Educational Programs The Sanctuary will off-ar a wide variety of educational programs. Nese include: Field Trips - The E3.nctuary- staff and trained volunteers will lead guided field trips an the Sanctuary trail systems. Estuarine plants and animals will be identified and their ecology discussed. The level of interpretation will depend upon the age group and education of the party. Slide Shows - Sanctuary staff will prepare shows an estuaries in the northeast and the Wells National Estuarine Sanctuary. Guided Research Projects - The Sanctuary staff is available, upon advanced -53- request, to lead school children and groups on different guided research projects. For instance, these subjects will include: 1) water flow, 2) estuarine plants and estuarine animals, 3) ecology of the estuary, sand beach, salt marsht and upland, and 4) human history. Lecturest Courses, Seminars, and Workshops - A variety of one to multiple sessions of intensive programs will be available, primarily for adults, on subjects such as plants, animals, geology, hydrology, and ecology of estuaries. Educational Outreach Programs The Sanctuary will operate an educational outreach program with slide shows, travelling displays, and lectures on estuaries. Staff and volunteers conduct these programs which are available to organizationst citizen groups and schools. Displays - The Sanctuary will prepare a series of estuar ine educational displays including photographs@ illustrations, protected species, diagrams, and a small wet tank. The displays will offer hands on opportunities for visitors and students. Residential Program - If appropriate the Sanctuary will establish a modest residential school either on the Sanctuary lands, or closely associated with the Sanctuary. This will give teachers and students in New England an opportunity to use the Sanctuary grounds and facilities for several consecutive days- Educational Staff/Volunteers- The Sanctuary Manager,, with assistance from the Education and Research Subcommiitee, is responsible for coordinating and developing all education activities. If there is a demonstrated needo an Educational Director will hired provided funding is available to support the position. The Sanctuary Manager is also responsible for recruiting and training Sanctuary docents, or volunteer teacherst to conduct tours and give lectures at the Sanctuary. -54- I I I I I q I I I I 0 1 0 1 I I I I 1 4b APPENDICES io I I I* I I I t .I I I I 0 I a I I I I APPENDix I tWWDY OF UNDERSTANDk: WJ-LS & TW I DEPARriENT oF CMERVATTON 1 6 '0 I - I MEMORANOUM OF UNDERSTANDING BETWEEN THE MAINE BUREAU OF PARKS AND RECREATION AND THE TOWN OF WELLS, MAINE FOR THE COOPERATIVE ESTABLISHMENT AND MANAGEMENT OF THE WELLS NATIONAL ESTUARINE SANTUARY ARTICLE 1 PURPOSE 1.1 The purposes of this agreement between the Maine Bureau of Parks & Recreation (hereinafter the "Bureau") and the Town of Wells (hereinafter the "Town") are: A) To define the relationships and responsibilities of the Bureau and the Town in the establishment and management of the Wells National Estuarine Sanctuary; and B) To establish a means of resolving conflicts between the Bureau and the Town in the execution of their individual and joint management responsibilities in regard to Laudholm State Park and the Sanctuary. ARTICLE 2 STATEMENT OF INTENT 2.1 The Bureau owns approximately 200 acers of land, salt marsh and beach in the Town which it intends to develop and operate as a day use State Park, in accordance with the attached State Park Conceptual Development Plart. 2.2 Under a grant from the National Oceanographic and Atmospheric Administration, the Town intends to acquire approximately 300 acres of land and wetland to establish and operate a National Estuarine Sanctuary. Further, the Town intends to include Laudholm State Park and approximately 2,000 acres of salt marsh and fast land owned by the U.S. Fish and Wildlife Service within the boundaries of the Sanctuary. ARTICLE 3 RESPONSIBILITIES OF THE BUREAU 3.1 Subject to the availability of funds, the Bureau is responsible for the development, operation and maintenance of Laudholm State Park. It will allow the Park to be included in the Sanctuary boundaries. The Park will be developed by the Bureau at such time as the State of Maine, or other entity, provides the funding necessary to improve the Park pursuant to the conceptual development plan prepared by the Bureau (attached as Exhibit A). Such development plan conceives the construction of vehicular access, two auto parking lots, one bus parking area, sanitary and service facilities, picnic and play areas, nature trails and pedestrian beach access. -55- Within the cooperative scope of this agreement, and in keeping with purpose and intent of establishing the Sanctuary, the Bureau retains the right to modify the Park's development concept should economic or envirormental conditions so necessitate. 3.2 The Bureau will 3taff and operate the park on a seasonal basis (late spring to late summer) with adequate administrative, service and maintenance employees to ensure adequate security, safety, sanitation and maintenance consistent-with its conceptual development plan. The Bureau will employ a Park Manager whose duties will include the supervision of other Bureau employees at the Park and the day to day operation of the Park. 3.3 The cost of developing, operating and maintaining the Park will be borne by the State of Maine, from Federal, State and other revenue sources. Revenue from Park parking fees during the time in which the Park is operated by the Bureau will accrue to the State of Maine General Fund. 3.4 The Bureau will participate on a Sanctuary Advisory Committees established for the purposes of advising the major landowners of the Sanctuary on development, operation and research aspects of the Sanctuary. 3.5 The Bureau will make its vehicular access, parking, pedestrian and sanitary facilities available to the Town for Sanctuary uses -- as described in th! attached Environmental Assessment -- during the season in which the Park is operated by the Bureau, during nonnal Park operating hours. Wring those periods of the year in which tile Park is not operated by the Bureau, the Bureau may lease to the Town, subject to the approval of the Governor, for a ncminal sum, the Park's access, parking and pedestrian facilities for Sanctuary access and-research uses. The Town Must provide adequate assurance of its intent and capability to maintain the Park facilities in a manner acceptable to the 96reau. Fees collected by the Town for 3mctuiry use of the Park facilities when operated by the Town shall be dedicated to the operation and maintenance of the Sanctuary, as approved by NOAA. 3.6 In constructing pedestrian and nature interprative facilities in the Park, the Bureau will work through the Sanctuary Advisory Committee to incorporate to the extent feasible trail interconnection and e3tuarine-related interpretive information. 3.7 Should the Town default in the opinion of NOAA in its operational responsibilities in managing the Sanctuary, the Bureau will assume responsibility for operating and maintaining sanctuary trail and research facilities for a minimum of two years upon the condition that and only for so long as funds are and remain in the Town's escrow account for that purpose. Such operation shall be in accordance with the Management Plan approved by NOAA. During such two year period, the Sureau Wil make reasonab le efforts to seek additional funds to continu-3 Sanctuary trail and estuarine research operations. 3.8 The Bureau will accept title, subject to approval of the Governor, to the Tow-owned portion of the Sanctuary in the event of a complete failure by the Town to abide by the terms of its managem 'ent and operation agreements with the U.S. Department of Commerce, NOAA. Should the Bureau cease to operate the Sanctuary in a manner consistent with the goals and objectives of the Federally approved Sanctuary Management Plan, the 3ureau may be required to transfer title in the llureaul@, portion of the Sanctuary (i.e,, that portion v@hich was Town-owned t.)ut t4L(.Ie to which ws transferred to Lhe Bureau in accord3nce with this sub-article) to the Federal Government. In such a case, the State is (.,;-,,titled to compensation according to Its interest in the Sanctuary property; or, at the discretion of the Federal Government, the Bureau may be permitted to retain title after paying the Federal Government an arr,:)unt equal to its interest in the Sanctuary; or the Federal Government may require the Bureau to sell its Sanctuary property and pay the Federal Government an amount equal to its interest in the Sanctuary. Compensation to either the Federal Government or the State shall be computed by applying the respective percentage of participation in the cost of the original project to the current fair market value or the property. ARTICLE 4 RESPONSIBILITIES OF THE TOWN 4.1 The Town will acquire, develop, operate and maintain the Sanctuary in accordance with the,description of the project in the attached Environmental Assessment, the approved Sanctuary Management Plan, and applicable Federal and State regulations. 4.2 The Town will employ a Sanctuary Manager and retain other contractual/staff services to operate and maintain the portion of the Sanctuary in its ownership. The Sanctuary Manager will be responsible ror coordinating an@ supervising all education and research activities in the entire Sanctuary, and will be responsible for operating and maintaining the Park portion of the Sanctuary during the time the Park is not operated by the Bureau. During those periods when the Park is operated by the Bureau, Ihe Sanctuary Manager will be responsible for coordinating educational and research activities occurring on Park land in consultation with the Park Manager. 4.3 The Town will appoint a Sanctuary Advisory Oommittee to advise the major landowners on the development and operation of the Sanctuary. -4- 4.4 The-Town will a33ume full responsibility for controlling access to and maintaining non-3tructural Park facilities to be Used for Sanctuary purposes in the off-season pursuant to a lease agreement with the Bureau. 4.5 Subject to NOAA approval of the terms, the Town will establish an escrow fund to be derived from sanctuary operations' income and donations in an amount adequate to maintain basic Sanctuary access, trail and estuarine research operation3 and maintenance for a period of two years. Such escrow fund will be a331gned to the Bureau.for its use in the event the Town ceases to operate the Sanctuary under the terms Of this and other agreement3. The Town will retain maintenance responsibility for any accessory uses or structures of the Sanctuary. 4.6 The Town will cede its title to the Sanctuary to the Bureau in the event that it can no longer operate and maintain the Sanctuary pursuant to the Sanctuary Management Plan. Along with title to the Sanctuary, the Town will forfeit all real property and other assets acquired or maintained by the Town for establishing and operating the sanctuary. ARTICLE 5 MUTUAL AGREEMENTS OF THE BUREAU AND TOWN 5.1 In the event that for fiscal reasons, the 13ureau is unable to develop the Park according to its concept plan within 24 months of the signing of this Agreement, the*Town may undertake partial development of the Park pursuant to the State Park Concept Plan. Such development by the Town will be specifically for Sanctuary purPU3e3 of vehicular access and interpretive trails, beach access and sanctuary facilities. Any development of the Park accomplished by the 7own shall be under the terms of a lease with the Bureau which shall retain the right to location and design approval of any Town-3ponsored improvenents in the Park. 5.2 Fees generated from use of the Park during the times it is operated -by the Town will accrue to the Town for the purposes of operating and maintaining the Sanctuary, subject to approval Of specific uses by NOAA. 5.3 Except a3 within the intent and spirit of -,he agreement for cooperative management of the Park for Sanctuary put-poses, the Bureau has the ultimate authority under State law to develop and operate the Park. X 1 5.4 Nothing contained in this Agreement shall be construed to require either party to perform pursuant to its terms should State or Federal funding necessary for acquisition of the sanctuary or development and operation of the Park not be available for such purposes. -58- -5- ARTICLE 6 RESOLUTION OF CONFLICTS 6.1 The Sanctuary Advisory Committee will make recommendations to the Bureau and the Town in cases where policy of logistic differences cannot be resolved at the staff level. 6.2 In the event that the Bureau and Town cannot resolve a conflict based on recommendations of the Sanctuary Advisory Committee, the Director of the Maine State Planning Office will be the arbiter of such dispute. ARTICLE 7 SIGNATURES Town of Wells, Town Manager date Richard B. Anderson, Commissioner date Maine Department of Conservation 11/18/83 -09- 0 r xv I Ji VA 3DCO sm, --Mq. wo T. p do I op a 41 OP of ...... .. ...... Zn: Im, . .... ...... . ............. ...................... . Lt:, !.ttt ... ............ i@@. odw now on I I I I 1 0 I I I I I* I I I I I I I ApFsNnix 2 *-MUWMM OF UMERs-rxmiNG: WELLs & THF- 10 - U,S.* FisH & Wiumn SERvicE I I MEMORANIXJM OF AGREEMENT .'@,3 Ag- --enent ,-s jade and entered into on tf,@s day .-)f 1984, by and between the United States Fish and Wildlife Service, here inaf ter, FWS; the Town of Wellso. Maine, hereinafter, Town; the Maine Department of Conservation, hereinafter, Maine DOC; and the National Oceanic and Atmospheric Administration, hereinafter, NOW for the purpose of establishing the respective rights, responsibilities and obligations of the FWS, Town, Maine DOC and NQAA regarding property located within the boundaries of the proposed Wells National Estuarine Sanctuary, hereinafter, Sanctuary. W11NESSETd THAT, Whereas the Town, the State of Maine and NOAA intend to establish and manage a National Estuarine Sanctuary pursuant to Section 315 of the Coastal Zone Management Act of 1972, as amended, and the inplementing regulations at 15 CFR Part 921; and whereas Lhe FWS is an agency of the United States Government responsible for the conservation and management of certain nationally significant wildlife resources; and Whereas the Town and the State of Maine intend to request the inclusion within the boundaries of the Sanctuary o4jpproximately 1,350 acres Of marshland and fastland that are owned are within the approved boundaries of, the tk9er and Lajer Wiells Division of the Rachel Carson National Wildlife Refuge (hereinafter, Refuge), which is managed by the FWS; and Whereas the State of Maine intends to include Laudholm State Park within the boundaries of the Sanctuary; and Whereas the parties believe that the purposes of the Sanctuary are substantially ccopatible with the'purposes of the Refuge and fulfill the public education and access goals of the 1981 Rachel Carson National Wildlife Refuge Land Management Plan; and Whereas according to the policies and regulations of the National Estuarine Sanctuary Program, if Federally-owned lands are a part of or adjacent to the area proposed for designation as a national estuarine sanctuary, or if the control of land and water uses on such lands is necessary to protect the natural system within the sancEuiry, the- State is encouraged to contact the Federal Agency maintaining control of the land to request cocperation in providing coordinated management policies; and whereas according to the policies and regulations of the National Estuarine Sanctuary Programe if designation and management of a proposed nat@ional estuarine sanctuary will not conflict with SS use and control of Federally-cwned lands, such cooperation and coordination is encouraged to the maximmn extent feasible; and Whereas the Maine DOC in certain circumstances may assume, with the approval of NOW Sanctuary management responsibilities and title to the Laudholm Farm property purchased in part with Federal funds; and Whereas under 16 U.S.C. 5 715i (b), the Secretary of the Interior is authorized, in administering National Wildlife Refuge lands, to enter into agreements with public and private agencies; and -61- 2 Whereas the Secretary of the Interior is f urther authorized under the Fish and Wildlife Act of 1956, 70 Stat. 1119, as amended, 17 U.S.C. 5 742 et seq. to take such steps as may be required for the development, advancement, management, conservation, and protection of f ish and wildlife resources: NOW, THERFORE, IT IS MMALLY AGREED, as follows: 1. 7he bc@undaries of the Wells National Estuarine Sanctuary shall be esta4lished generally to include Laudholm Farm and Laudholm State Park as well as the property within the approved boundary of the Upper and Lower Wells Division of the Rachel Carson National Wildlife Refuge, ex.cluding private inhbldings, generally fran Merriland River/Little River south to Eldrige Road, as shown more specifically an the attached U.S.G.S. quadrangle map. 11. 7he Town and the FWS will cooperate in the management of the Sanctuary as follows: A. 1he FWS shall be represented on the Sanctuary Advisory Camittee. B. FWS lands may be made available to Sanctuary personnel, including researchersp for Sanctuary uses, including educational use, only upon issuance of a special use permit by the Refuge Manager. Such permit shall be issued only to the extent such use is compatible with Refuge objectives, and does not violate any laws, rules, regulations or policies governing the Rachel Carson National Wildlife Refuge, now or as they may be amended in the future. C. Should the M, as required by the Clean Water Act, or any other statute, apply for any wetland, building, or other permit, vari- ance, etc., it is agreed by the FWS and Town that Sanctuary designation shall not be used as a criterion for denial by the Town of any of the above-described permits, variances# etce D. With the exception of the land and wetlands of the George Lord estate (the Laudholm Farm), the parties agree that the FWS may manage the inholdings now owned or to be acquired by the Town within the boundaries of the Refuge, as An integral part of the Rachel Carson National Wildlife Refuge, and enforce thereon all applicable laws, regulations and policies, on the condition that the management exercised by the FWS over such inholdings; shall be consistent with the goals, policies and regulations of the National Estuarine Sanctuary Program. The FWS shall continue to manage such inholdings as described above so long as this Agreement remains in effect. III. Th the extent practicable, the FVB will carry out its activities related to the management of that part of the Refuge included within Sanctuary boundaries consistent with the goals of the National Estuari:0 Sanctuary Program. 7he Town, Maine DOC and NOAA will, to the extent e practicable, manage the Sanctuary consistent with the Federal authorit -62- under wt i ch the Ref uge waF. acqu and 'S managed by the F I f disagreements between the parties arise concerning @he management of the Sanctuary or the Refuge, the parties agree to attenpt to resolve such disagreements by discussion among the appropriate officials. If such disagreements are not resolved, either NOAA or the FWS,, at the discretion of each agency, my exclude all or any part of the Refuge lands from the Sanctuary. Neither any such disagreevent nor any effort to resolve it as described above shall affect the authority of the FV6 to manage the Refuge lands in accordance with the laws, regulations and policies governing the National Wildlife Refuge System. M Nothing contained in this Ag@eement shall be construed as binding the FM to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purpose of this Agreement for the fiscal year, or to involve @-he FM in any -ontract or other obligation for the further expenditure of money in excess of such appropriations or allocations. V. !be rights and benefits conferred by this Agreemnt shall be subject to the laws of the United States governing the Fish wW Wildlife Service and to the rules and regulations promulgated under such lawst and Section 315 of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 5 1451 et seq.), and its inplementing regulations. VI. `Ihis Agreement becomes effective on the date of signing of the last signature below and will continue in effect until terminated. The Agreement may be terminated by any party upon six months' written notice to the other parties, except that the Agreement shall be terminated upon the exclusion of all Refuge lands from the Sanctuary. VII. Nothing in this Agreement shall be construed as in any way iopairing the general powers of supervision, regulation and control by the FM of property under its ownership. VIII. The parties agree that the M will undertake no actions to block the Webhanr*t River estuary so long as this Agreement remains in effect. However.. the parti:es further agree that, in the event that the estuary should be closed by natural processes, the FM reserves the right to restore flowage. IN WIVESS MiEREOF, the parties subscribe their names below: For the U.S. Fish and Wildlife Service: Date -63- 4 For the National Oceanic and Atmospheric Administration: Director Office of Ocean and Coastal Resource Management Date For the Town of Wells: Date For the Maine department of Conservation: Date I 10 I I I I I I I I I* I I - I I I I I , APPEmix 3 @Ekm iRr PT,LsBa 4zms, I IBIANS 1 0 I Birds of -he tqe-j:Ls Est,@arine 3anctuary: A Preliminary Listing This list of birds was prepared by the U.S. Fish and Wildlife Service. Those birds listed with an "X" have been seen in the Estuarine Sanctuary. The following coding scheme applies to the list of birds. Season: s Spring March 21 - June 20 S Summer June 21 - September 20 F Fall September 21 - December 20 W Winter December 21 - March 20 + Nesting hasoccurred on the refuge, within the past 5 years. A species which occurs and/or nests in only one or two locations in the refuge. Relative Abundance: a - abundant a species which is very numerous c - common certain to be seen or heard in suitable habitat u - uncommon present, buf not certain to be seen o - occasional see only a few times during the season r - rare seen at intervals of 2 to 5 years s S F W F W LOONS - GREBES X White-winged Scoter ............... u X Common Loon ........................ C 0 c C X Surt Scoter u U X Red-throated Loon ................... 0 0 u BlaCk Scoter u u u X Red-necked Grebe 0 u u u u X Hooded Merganser ................... 0 0 0 0 X Horned Grebe ........................ u 0 u X Common Merganser .................. 0 0 0 X Pied-billed Grebe ..................... 0 0 0 X Red-breasted Merganser ............. c c c FULMARS - SHEARWATERS VULTURES - HAWKS - EAGLES - STORM PETRELS OSPREYS - Wilson's Storm-Petrel ................. r r X Turkey Vulture ........................ 0 0 PELICANS - CORMORANTS x Goshawk ........ 0 a 0 0 - Gannet ............................... 0 u 0 X Sharp-shinned Hawk .................. u 0 C 0 Great Cormorant ..... ........... u u c X Cooper's Hawk ......... 0 0 � Double-crested Cormorant ............ c c c 0 X Red-tailed HaWK u 0 u 0 HERONS - BITTERNS - IBISES X Red-shouldered Hawk u u u � Great Blue Heron ..................... c C C o X Broad-winge-d Hawk . .............. u X Green Heront ........................ u c U X Rough-legged Hawk .................. 0 X Little Blue Heront ...................1 0 u u X Bald Eagle ........ ................. 0 X Cattle Egret ........................... r X Northern Harrier (Marsh Hawk) ....... u o u 0 X Great Egret ........................... 0 0 0 X Osprey ................ .............. u 0 u X Snowy Egret ......................... c C c X Pefegrine Falcon . ........ .......... 0 Louisiana Heron .............. .......0 0 0 X Merlin ....... 0 0 _x Black-crowned Night Heront ......... u c c X American Kestrel . ...................u u u 0 - Yellow-crowned Night Heron ......... r r r GROUSE - OUAIL - PHEASANT - _x American Bittern ......................u u u TURKEY X_ Glossy Ibis ............................ u u r X Ruffed Grouse 1 ...................... u u u U WATERFOWL x Ring-necked Pheasant ................ u u u u _x Canada Goose ............ ........... c 0 c u RAILS - GALLINULES - COOTS X_ Brent ................................. 0 0 x Virginia Rail ........................... 0 0 x Snow Goose .............. ........... 0 r x Sora 0 0 X_ Mallardt .............................. u u u u Common Gallinule ....................r r _x Black Duckt .......................... C C c c American Coot ........................ r r x Gadwall ............................... f r r OYSTERCATCHERS - PLOVERS, X_ Pintail ................................ u u 0 SNIPES - SANDPIPERS X_ Green-winged Teal t .................. u 0 u r X Sermipalmated Plover ................. c c u X_ Blue-winged Tealt .................... u 0 u X Piping Plover t ....................... 0 u 0 X American, Wigeon ..................... 0 0 X Killdeert ........ ..... .............. u u u 0 _X Northern Shoveler .................... 0 _X. American Golden Plover .............. 0 0 X Wood Duck ........................... 0 0 0 X- Black-bellied Plover ...... ........... c c u - Ring-necked Duck .................... 0 0 X Ruddy Turnstone .....................0 o o r _x Greater Scaup ........................ 0 0 0 X American Woodcock .................. u 0 u _x Common Goldeneye .................. C u c X Common Snipe ....................... u 0 u - Barrow's Golden eye .................. r r X Whimbrel ............................. u 0 U __x Bufflehead ............................ C c C Upland Sandpiper .......... r r __x Oldsquaw ............................. U a U X Spotted Sandpiper t .................. u c u _x Common Eider ........................ u u u c X Solitary Sandpiper ....................o u u King Eider ............................. r X_ Willett ............................... U U 0 66- s S F W S F W X Greater Yellowlegs ................... c c c X Hock Dove .......... ................. U U U U u u u X Lesser YelloW1egs .................... u c c x Mourning dovet ...................... u u u U X Red Kno_ . .... .............. o 0 0 x Yellow-tu11ed Cuckoot ............... 0 0 0 x Purple Sandpiper ..................... 0 0 u X Black-billed Cuckoot ................. u u 0 X Pectoral Sandpiper ................... u u c X Great Horned Owl ... ............ u u u u _X White-rumped Sandpiper ............. U 0 u X Snowy Owl .......... ................ r r Baird's Sandpiper ..................... r r X Barred Owl u u u u _X Least Sandpiper ...................... u u u _X Short-eared Owl ...................... o r o o X Curlew Sandpiper .................... r X Saw-whet Owl ....... .. ............. 0 0 0 0 X Dunlin ................................ u 0 c 0 X Whio-poorwill t ..... ................. u u u X Short-billed Dowitcher ................ r 0 X Common Nighthawk ............ ..... u _ Long-billed Dowitcher ................ r r x Chimney Swift .. ..................... u u X Stilt Sandpiper ........................ u u X Ruby-throated Hummingbird .......... o o u x Semipalmated Sandpiper ............. a a a KINGFISHERS - WOODPECKERS - Western Sandpiper ............ U u FLYCATCHERS - LARKS-SWALLOWS Buff-breasted Sandpiper .............. 0 X Belted Kingfishert .. .. .. ....... . c c c 0 * Maied Godwi ............ ...I ...... r r X Common Flicker . . ......... C c c 0 X Hudsonian Godwit .................... o r X Pileated Woodpecker .. .............. o 0 0 0 * Rult ................................... r X Yellow-bellied Sapsucker ............ u u X. Sanderling ........................... u u u 0 X Hairy Woodpecker t ... .............. u u u u AVOCETS - STILTS - PHALAROPES - X downy Woodpckert .. ... ......... C C C C JAEGERS X Eastern Kingbirdt ....... ........... c c c X American Avocet ...................... r X Western Kingbird .... . ....... ...... r X_ Wilson's Phalarope ................... o o o X Great Crested Flycatchert ...... .... c c c Northern Phalarope ................... r r X Eastern Phoebe t ..... .............. u u U GULLS - TERNS - SKIMMERS - Yellaw-bellied Flycatcher . ............ 0 u AUKS - MURRES Willow Flycatcher ..................... o o o X Glaucous Gull ........................o r 0 Alder Flycatcher ...... .............. u u X Iceland Gull ..........................o r o Least Flycacher . .................... u u u X Great Black-backed Gull .............. c c c c X Eastern Wood Peweet ............... u u u X Herring Gull ..........................aa a a I Olive-sided Flycatcher ................ o o X Ring-billed Gull ....................... u u u u X Horned Lark t ......... .............. u u u u Laughing Gull ........................o o X Tree Swallow t ........................ c c o X Bonaparte's Gull ...................... u u u r X Bank Swallow.. ...................... u u u X Common Tern t ....................... c c c X Rough-winged Swallow ............... 0 0 X Arctic Tern ............................. o o o X Bain Swallowt ....................... c c o Roseate Tern .........................r r X Cliff Swallowt . ...... ................ u u o x Least Terni .........................u u u X Purple Martint ............... ...... C C Black Tern ............................ IF JAYS - CROWS Razorbill .............................. r X Blue Jay t ............................ c c c c r Common Murre ....................... X Common Crowt ...................... c c c c X Thick-billed Murre .................... r CHICKADEES - TITMICE - Dovekie .............................. r r NUTHATCHERS CREEPERS X.- Black Guillemot ....................... o o o o WRENS DOVES - CUCKOOS - OWLS - X_ Black-capped Chickadee t ... C C C C SWIFTS - HUMMINGBIRDS Boreal Chickadee ..................... r -67- I S F W F W X_ Tufted Titmouse+ ......... I........... 0 0 0 0 Prai ie Warbler 0 0 0 X_ White-breasted Nuthatch t ............ c c c C X Palm Warbler ........... ............ u Nuthatch t ............. c c c C X Ovenbild t .. .. .... u u x Brown Creeper t ...................... c c c c Northern Waterthrush ......... u u X House Wren .............. ............ 0 u 0 Louisiana Water imrush. ............... r Marsh Wren .......................... o 0 Mourning Warbler .................... o o o MOCKINGBIRDS - THRASHERS - x Common Yellow throat ............... c c c THRUSHES Yellow-breasted Chat ............ 0 0 X Mockingbird t ......................... u u u u X Wilson's Warbler ...................... u u u x_ Gray Catbird t ...................... . c c c X Canada Wart-it ..................... .. c u u _x Brown Thrasher+ ..................... c c c X American Redstart .................... c c c _x American Robin+ ................... c c c u WEAVER FINCHES X Wood Thrush t ...................... c c 0 X House Sparrow+ .............. I .. .... u u u u Hermit Thrush ........................ C u u MEADOWLARKS - SLACK - Swain3on's Thrush ...... ............. u 0 ORIOLES Gray-cheeked Thrush .. ..... . .... . 0 0 X 6bolrk ...... ... c U Veery t ............... ............... c c o X Easlern MeadcAlaritt ................ u u u 0 X Eastern Bluebird ................. .. 0 o o X Red-winged Blackbird + .......... .. a a c KINGLETS - WAXWINGS - SHRIKES X Northern Onolet ..... ............. u u u X Blue-gray Gnatcatcher ................ o 0 X Rusty Blackbird . .................... o u _X Golden-crowned Kinglet .............. c u X Common Grackle ................... a c c X Ruby-crowned Kinglet ................ c c X Brown-headed cowbird+ .......... .. a c c ol _ Water Pipit ........................... u u TANAGERS - GROSBEAKS- FINCHES x Cedar Waxwing + ..................... u c c X Scarlet Tanager + ...........I ...... - u u u X_ Northern Shrike ........ ............. o 0 0 X Cardinal + ........................... u u u STARLINGS - VIREOS - WARBLERS X Rose-breasted Grosbeak t ............ u u o X Starlingt ....................... ..... a a a c X Indigo Bunting + .................... u _X_ Solitary Vireot ......... ............ u u u Dickcissel .............. .......... X. Red-eyed Vireot ..................... u c u X Evening Grosbeak .................... c Philadelphia Vireo ....... ....... .... o o r X Purple Finch ....... ............. u u c u Warbling Vireo .................. ..... o 0 r X House Finch t ...... ................. c c c _X Black-and-white Warbler t ............ c c c Pine Grosbeak ........................ 0 Tennessee Warbler ................... u u u X Common Redpoll ....... .............. 0 0 0 _X_ Nashville Warbler t ................... u u u X Pine Siskin ........................... o X American Goldf.nch+ ................. c c X_ Northern Parula ...................... u u u c Yellow Warblert ...................... c c o Red Crossbill . ..................... 0 Magnolia Warbler t ................... U u u White-winged Crossbill ............... Cape May Warbler .................... u SPARROWS - BUNTINGS X_ Black-throated Blue Warbler .......... u o u X Rufous-sided Towheet ............... X_ Yellow-rumped Warbler + ............. c u a X Savannah SParrow+ .................. c C C 0 _X Black-throated Green Warblert ....... c c u X Sharp-tailed Sparrow t ................ c c c Blackbumian Warbler ................. u u u Vesper Sparrow ....................... o U _X. Ch estnut-sided Warbler t ............. u o u X Dark-eyed Junco ..................... c c c Bay-breasted Warbler ................. u u _X Tree Sparrow ......................... c u Chipping Sparrow t .................... u c x Blackpoll Warbler ..................... u u _x Pine Warbler + ...................... u u u x Field Sparrowt ....................... u u u -68- Mammals of the Wells National Estuarine Sanctuary; A Preliminary Listing Mammals (observed or reported) Little brown myotis Big brown bats New England cottontail Snowshoe hare Eastern chipmunk Woodchuck Gray squirrel Red squirrel Northern flying squirrel White footed mouse Meadow vole Muskrat 11ouse mouse Meadow jumping mouse Porcupine Coyote Red fox Gray fox (probably Fare) Racoon Fisher Ermine (short-tailed weasel) Mink Striped Skunk River Otter White-tailed deer Moose (rarely pass through) Harbor Seals Mammals - range within area but no known reports Virginia opossum Masked Shrew Water Shrew Smoky Shrew Short-tailed Shrew Hairy-tailed Mole Star-nosed mole Keen's myotis Silver-haired bat Eastern pipistrelle Red bats Hoary bats Gapper's red-becked mouse Pine vole Norway rat Long-tailed weasel Woodland jumping mouse Source: Forest Habitat for Mammals of the Northeast by DeGraf, Whitman, Rudig Northeastern Forest-Experiment Station & Eastern Region Forest Service, U.S. Department of Agriculture. -69- Reptiles and Amphibians: A Preliminary Listing Reported/Identified Reptiles Species Range of Other Reptiles Common Snapping Turtle Stinkpot (Musk Turtle) Spotted Turtle Wood Turtle E. Painted Turtle E. Box Turtle Northern Redberry Snake No. Water Snake E. Garter Snake No. Brown Snake E. Milk Snake E. Ribbon Snake No. Ringneck Snake No. Black Racer E. Smooth Green Snake Reported/Identified Amphibians Species Range of Other Amphibians Redback Salamander Blue Spotted Salamander American Toad Spotted Salamander Northern Spring Peeper Red-Spotted Newt Bullfrog Northern Dusky Salamander Green frog Four-toed Salamander Wood frog Northern Two-lined Salamander Greater & Lesser Gray Treefrog Northern Leapard Frog Pickerel Frog 08d/ -70- I 1 0 1-1@ I I I I I I I I I* I I I I I I I *PENDix 4 1 0 FLcRA oF TK SAKmimy I Vegetation in the Wells National Estuarine Sanctuary: A Preliminary Listing Wetlands salt meadow cordgrass (Spartin patens) salt marsh cordgrsss (S. alterniflora) spike grass (Distichlis spicata) saltmarsh goldenrod (Solidago sempervirens) orach (Atriplex hastata) plantain(Planta o martitime black grass (Juncus gerardi) sea lavender (Limonium nashii) three-square rush (Scirpus robustus) common blue flag (Iris versicolor) slender blue flat (Iris prismatica) widgeon grass (Ruppia maritima) glasswort (Salicornia sp.) Shrub/Scrub switchgrass (Panicum virgatum) sweet grass (Hierochloe odorata) cranberry (Vaccinium macrocarpon) wild rose (Rosa virginiana) sweet gale (Mlyrica gale) alder (Alnus sp.) Beach beach grass (Ammophila breviligulato) wormwood (Artemesia candata) Beach Heather (Hudsonia tomentosa) Earth Star Puffball (geasiter hydrometricus) Poison Ivy (Rhus toxicodendron) Beach Pea (Lathyrus japaonicus) Yarrow (Archillea millefolium) Evening Primrose (Oenothera sp.) Seaside Rose (Rosa rugosa) Dusty Miller (Artemisia stelleriana) Sandy Sedge (Carex silicea) Pinweed (Lecha maritima) Pinweed aster (aster linariifolius) Toad Flax (Commandra umbellata) Meadow Sweet (Spiraea latifolia) Bayberry (Myrica pensylvanica) Greene's Rush (Juncus Greenei) Star Flower (Trientalis borealis) Shad Bush (Amelanchier sp.) Hard Hack (hairy) (Spireaa tomentosa) Goldenrod (Solidago rugosan) Great Angelica (Angelica atropupurea) -71- Terrestrial Pitch Pine (Pinus rigida) White Pine (Fin-us strobus) Red Pine White Spruce (Picae glauca) White Birch (Betula papyrifera) Yellow Birch (Betula lenta) Grey Birch (B populifolia) Red Maple (A7c-errubrum) Sugar Maple Mountain Maple Striped Maple Red Oak (Quercus rubra) Red Oak @-opuiar (-fopulus tremuloides) White Oak Scarlet Oak Cherry (Prunus sp..) Black Cherry (Prunus serotine) Eastern Hemlock Balsam Fir Larch Speckled Alder American Beech 08a/ -72- I I* I I I t. I I I . I I* I I I I I N I APPENDIX 5 NATURAL RESOURCES OF THE SANCTUARY I COASTAL GEOLOGY 0 SOILS I DRAINAGE BASINS I SY61iOL - OW1.001C ENVIRONMEW APPeadlZ -) - 1 SUPRATIOAL ENVIRONMENTS WELLS NATIONAL tsTtLARINE SANCTUARY Sd Dunft & Vegetated Beach Ridges COA5TAL 6YE.01.06"f Sw Fresh-Brackish Water Fresh-Brack;sh Marsh Man-Made Land s ,I&x Landslide Excavation & Deposits INTERTIDAIL ENVIRONMENTS Marsh EnvironmenU MI High Salt Marsh F M2 Law Salt Marsh S, M3 Marsh Lev" Cl M4 Salt Pannes & Salt Ponds Beeches 81 Sand Beach 82 Mixed Sand & Gravel Beach 4 83 Gravel Beach 84 Boulder Beach s. 85 Low-Energy Beach W So Br Boulder Ramps S. 13W Washover Fan as pits So list Environm ants a. F @i_ud -Flats VA9 Ce Fl Coarse-Grained Flat S4 F2 Sesweed-Covered Coarse Flat F3 Mussel Bar F4 Channel Loves F5 Algal Flats F6 Veneered Ramp Miscellaneous Environments S, M Ledge Fluvial-Estuarin* Channel Point or Lateral Bars W Swash Bars .Mf Flood-Tidal Delta C Me Ebb-Tidal Delta Mb Fan Delta Md Spillover Lobe SUBTIDAL ENVIRONMENTS Flat Environments Fm Mud Flat F c Coarso-Grained Flat Fe Eilgrass Flat Fs Seaweed Community Fb Upper Shoreface Fp Lower Shoreface Channel Environments C1 High-Velocity Tidal Channel COD M. C2 Medium-Volocitv Tidal Channel C3 Low-Velocity Tidal Channel S4 C4 Estuarine Channel S.- CS Estuarine Flood Channel CS Estuarine Ebb Channel %PAO C7 Inlet Channel Ce Dredged Channel &JI Ca Chan" Slain JI LL7L.-I Tidal Creeks. 10\ Marsh Drainage Ditch Unit Boundary SCALE Approximate Unit-Boundwy, 1:24,000 ource: Maine Geological SurveY 0 .5 AugUStat Maine 04333 11111 r -73- Milos Appendix 5 - 2 WELLS NATIONAL ESTUARINE SANCTUARY SOIL SURVEY )z / / /1Z 13 7 13/ 13 a 4 A 13 3 13 -A. 9, 3 Soil Types 11 Rumney-Saco 2 Organic 3 Coastal Beach 4 Dune Land 5 Tidal Marsh S. 6 Swanton-Elmwood 7 Hinckley-Sudbury 1W 8 Hinckley-Windsor 9 Windsor -Deerfield 10 Walpole-Sca'rboro 11 Scaboro-Organic 12 AuGres-Windsor 13 Deerfield-Walpole 1z 14 Agawam-Ninigret Source: Maine Coastal Inventory SCALE General Soils Map Maine State Planning office Augustat Maine 04333 "Miss /4 Aw- .0.. Pond pall,s nd PO ke -d Ba eg A 1, Pond Crexent Surf 3 Appendix 5 - 3 XEL@S NATIONAL F-ITM&M-Ml- 26NCTUAR_-@f jt israncl% z marrilank River 3 V&blham&L Rivar Perkiiis I I I I I v I I I I I* I I I I I N I APPENDix 6 1 STATE & LocAL LAws PRoTEcTiNG Sqcnmy RES"CES I * I TABLE OF CORE LAWS & ENFORCEMNT AGENCIES LAW & ENFORCEMENT AGENCY COASTAL AREAS AFFECTED USES ACTIVITIES OR RESOURCES AFFECTED DEPARTMENT IF ENVIRONMENTAL PROTECTION 0 Bureau of Land Quality Control (207-289-2111) 1. Alteration of coastal Coastal sand dunes, tid al & Dredging, draining Wetlands* subtidal lands, swamps, erecting a causeway (38 MRSA 471-478) marshes, bogs, beaches, flats, dock or other per etc. 2. Site Location of Entire coastal area Developments-which Development * (38 MRSA 481-4859 the environment 48B-490) 3. Hazardous Waste, Septage Entire coastal area' & Solid Waste Siting of facilities Management * transporting, dis (38 MRSA 1301-1310-B) waste, septage, wa 4. Waterway Development & Entire coastal area (excluding Hydropower project Conservation (a.) LURC jurisdiction) (38 MRSA 630-636) LAW & ENF0RCEMENT AGENCY COASTAL AREAS AFFECTED USES, ACTIVITIES OR RESOURCES AFFECTED o Bureau of land Quality Control (Continued) 5. Maine Rivers Act (part) Designated river segments with New dam, development or redevelopment of (12 MRSA 403) unparalleled natural and recrea- existing dams tional values, including segments on the following coastal rivers: Dennys, E. Machias, Kennebec, Machias, Narraguagus, Penobscot, Pleasant, Sheepscot 6. Nuclear Waste Activity Entire coastal area Siting of a high-level radioactive waste (38 MRSA 1451-1480-A) repository or other high-level waste facility, or a low-level radioactive waste disposal facility o Bureau of Water Quality Control (207-289-3355) 7. Protection & Improvement Marine waters, fresh surface Discharging of wastes of Waters* waters, ground water (38 MRSA 361-367, 372- 455) o Bureau of Oil & Hazardous Materials Control (207-289-2651) 8. Oil Discharge Prevention Coastal waters, estuaries, tidal Handling & conveyance of oil, oil & Pollution Control flats, beaches, adjacent lands, terminal facilities (Coastal Conveyance of rivers, streams, sewers, surface Petroleum Act)* water drains & other waters of (38 MRSA 541-560, the State 345-349) 12 0 IAW 0& E4MRCEMENT AGENCY COASTAL AREAS AFFECTED U0S6M-, ACTIVITIES OR � Bureau of Oil & Hazardokis Materials Control (Continued) 9. Hazardous Matter Control Any land or water fn the coastal Discharging of haz04& (348 4W8M 1317-1319-A) area � Bureau of Air uality Control (2(Y7-289-2437) 10. Protection & Improvement Entire coastal area Air emissions of Air* - (38 MR4SA 581-611) IAND USE 8RBG4UIATIO4K COM0KI4SSI0ONt (2(Y7-289-2864T6f6T- 11. land Use Regulation* All unorganized and deorganized Land use and land d (12 6MRSA 6ul-60849) townships Waterway Devel ent & Unorganized parts of the coastal Hydropower projects Conservation ( area (38 MR0SA 630"36) Maine Rivers Act (part) (see DEP, 4L00nd Bureau.) New dams, developme0i (12 0MRSA 403) existing dang DEPARTMENT OF IN0L410M FISHERIES & WII0D4LI4FE (22w-622605-672m) o 12. Alteration of Rivers, Rivers, streams & brooks above Dredging, filling, Streams & Brooks* head of tide and adjacent lands bridge, marina, whai (12 MRSA 76776-7780) permanent structure LAW & ENFORCEMENT AGENCY COASTAL AREAS AFFECTED USES, ACTIVITIES OR RESOURCES AFFECTED DEPARTMENT OF MARINE RESOURCES (207-289-2291) 13. Marine Resources Laws: Coastal waters and flats Renewable marine resources Authorization to adopt regulations* (12 MRSA 6171-6192) (b) Fisheries Conservation Laws (various sections of Title 12) (c) BUREAU OF PUBLIC LANDS (207-289-3061) 14. Submerged & Intertidal Submerged & intertidal lands Leasing or granting assignable easements Lands owned by the State for dredging, filling, erecting permanent (12 MRSA 558) causeways, bridges, marinas, wharves, docks, or other permanent structures MUNICIPALITIES 15. Mandatory Shoreland Areas within 250 feet of lakes, Land use & land development activities Zoning* rivers and other surface water (12 MRSA 4811-4817) bodies 16. Subdivision law* All organized areas Dividing a tract or parcel of land into (30 MRSA 4956) 3 or more lots within any 5-year period *One of the original eleven core laws of the Coastal Program. **Numbered under DEP laws. (a) Consolidated into one law from the LURC Law; Alteration of Rivers, Streams & Brooks Law: Alteration of Coastal Wetlands Law and Site Location of Development Law by the 1983 Legislature for the purpose of simplifying and clarifying requirements for permits. (b) Regulations adopted pursuant to this authorization (covering aquaculture leases, shellfish, lobsters, crabs, marine worms, alewives, eels, groundfish, herring, salmon, smelt, menhaden, shrimp, marine mammals,gear restrictions and conservation areas), are new additions to the Coastal Program. (c) Fisheries conservation laws include the following from Title 12: Aquaculiture leases, Sec. 6072-6074; Fishways, Sec. 6121-6122; Lobster Conservation, Sec. 6431-6440; Atlantic Salmon, Sec. 6503, 6553-6554; Herring, Sec. 6542 and 32 MRSA 4159; Gear Limitation, Sec. 6571; Shellfish, Sec. 6621; Municipal Conservation Programs, Sec. 6671 & 6673; Scallops, Sec. 6721-6725; Methods of Fishing, Sec. 6951-6952. 1. ALTERATION OF COASTAL WMIANDS LAW (38 MRSA 471-478) The Alteration of Coastal Wetlands Law is designed to assure that any permanent alteration of a coastal wetland or sand dune system does not: (a) unreasonably interfere with existing navigational or recreational uses; (b) cau e unreasonable soil erosion; (c) unreasonably interfere with the natural flow of any waters; (d) unreasonably harm wildlife or freshwater, estuarine, or marine fisheries; (e) lower the quality of any 'waters; (f) unreasonably interfere with the natural supply or movement of sand within or to the sand dune system, increase t1,.e erosion hazard to the sand dune sytem, or cause an unreasonable flood hazard to structures built in, or over any coastal sand dune or neighboring property. Coastal wetlands are defined as all areas below the landward limit of vegetation that are tolerant of salt water, including all tidal and subtidal lands, and all swamps, marshes, bogs, beaches, flats, or other contiguous lovIlands which are subject to tidal action or normal storm flowage. Coastal sand dunes are sand deposits within a marine beach system above hig@ tide, including beach berms, frontal dune ridges, back dune areas and other sand areas deposited by wave or wind action. Activities regulated by the Coastal Wetlands law include dredging, drainingg fillingl or construction of permanent structures on or over any tidal or subtidal lands; and moving of sand or building any permanent structure in, on or over any coastal sand dune. Any such activities require a permit from the Board of Environmental Protection, or from a municipality which has been given permit granting authority by the Board, with the exception of certain activities deemed to have little or no environmental impact. The Department of Environmenta3, Protection, Bureau of Land Qaality Control, should be consulted for specific interpretations t procedures and permit application form, as well as administrative policies and standards contained in its Wetlands Regulations and Coastal Sand Dune Rules. Before issuing a permit, a completed application is reviewed by appropirlite agencies, such as the Dept. of Transportation, Bureau of Waterways; Dept. of Conservation, Bureau of Parks & Recreation; Soil and Water Conservation Commission; Dept. of Marin-NResources; Dept. of Inland Pisheries & Wildlife; State Planning Office, and the relevant buream within the Department of Mavironmental Protection. The municipality in which the proposed activity is proposed is also notified and comments requested. 2. SITE IXATION CF DEVELOPKENT LAw (38 MRSA 481-485, 4e6-49o) The Site Location of Development law intends that development projects which may substantially affect the environment, either of the site itself or of the surroundingst are located and operated in a manner that will minimize any adverse impact on the natural environment. "Development which may substantially affect the environment" means any development which occupies a land or water area in excess of 20 acres, or which contemplates drilling for or excavating natural resources, on land or under water where the area affected is in excess of 60,000 square feet, or which is a mining activity, or which is a hazardous activity involving hazardous wastes, hazardous matter, oil or road salt in excess of one ton per year. The definition also includes a structure which occupies in excess of 60,000 square feet, of ground area, a project in which buildings and paved and other nonrevegetated areas occupy over three acres of ground area, and subdivision of a parcel of land into five or more lots if such lots make up an aggregate land area of more then twenty acres. Subdivisions within the jurisdtction of the Ikmd Use Regulation Commissions are excluded. Autho)-'-@y for other subdivisi.ons may be Oelegated by the Board of Environmental Protection to municipalities meeting certain criteria. Any development which may substantially affect the environment requires a permit from the Board of Environmental Protection. Preliminary notice of intent to f ile for a permit must be given to the Department and to the municipal officers of any municipality affected, in the case of construction or operation of a hazardous activity. The Department's Bureau of Land Quality Control should be cormulted for specific interpretations, procedures and permit application forms, as well as administrative policies and standards contained in its Regulations Pursuant to Site Location of Development Law. A pre-application a rence may be advisAM e 1H the case or a large or 3-3-m-ple-x project. Before issuing a perait,, the Department obtains project review by other State agencies having jurisdiction or regulations which may pertain to Site law projects and which relate to one or more of the project review criteria, as well as by the relevant bureaus within the Department. Other State agencies which may be involved include: Dept. of 11mm Services, Division of Health Rigineering; Dept. of Transportation; Soil & Water Conservation Commission; Maine Geological Survey; Dept. of Inland Fishe ries & Wildlife. For project approval the developer must show: (a) that he has the financial capacity and technical ability to meet state air and water pollution control standards, and has made adequate provision for solid waste disyosal,, the control of offensive odorsp and the securing and maintenance of sufficient and healthful water supplies; (b) adequate provision.for traffic movement; (c) provision for fitting the development harmoniously into the existing natural environment,, and that the development will not adversely affect existing uses, scenic character, or natural resources; -82- (d) that the proposed development will be built on soil types which are suitable to the nature of the undertaking; (e) that the proposed development will not pose an unreasonable risk that a.discharge to a significant ground water aquifer will occur; and (f) provision for safety and reclamation of the land area affected, in the owe of a mining activity. -83- 3. HAZARDOUS WASTE, SEPTAGE & SOILD WASTE WAGE'D-M LAW (3a1MA 1301 -131 0-.B) This law is designed to encourage programs that 'will reduce the volume of hazardous wastep septage and solid waste production; promote the reuse and recovery of valuable resources; and assure environmentally sound handling and disposal of hazardous waste, waste oil, septage and solid waste. Under the law, it is unlawful to establishp construct, alter or operate any waste facility without a permit issued by the Board of Environmental Protection. A license is to be granted for a waste facility whenever the Board finds it will not pollute any water of the State, contaminate the ambient air, constitute a hazard to health or welfarep or-create a nusiance. q The Board of Environmental Protection is authorized to adopt rules: (a) for identification, handling, and transportation of hazardous waste (polyc@Llocinated biphenyls are identified as hazar6rnas vaste by "T.-he statute), (b) for transportation, collection, storage of waste oil by dealers; (c) for licensing and operation of hazardous waste facilities; and (d) governing waste managemento including the location, establishment, construction and alteration of waste facilities. Board rules are to be designed to encourage logical utilization of recoverable resources; minimize pollution of the state's air, land, and surface and ground water resources; prevent the spread of disease or other health hazards; prevent contamination of drinking water supplies and protect public health and safety. In adopting rules the Board is directed to consider economic impact, technical feasibility and such differences as are created by population, hazardous or solid waste, sludge or septage volume and geographic location. Board rules also may require submittal of evidence of the financial capacity of owners or operators of hazardous waste facilitiesq and of those who transport hazardous waste, as a condition for licensing. The statute itself reqgires Board approval of a closure plan as a condition for licensing of a facility for hazardous waste mangement. A restrictive covenant on the present or future uses of the land may be required as part-of a closure plan. The law gives the commissioner emergency authority in case of any waste being handledg transported or otherwise dealt with in a manner whicy-M-4 create a danger to public health or safety. It establishes penalties for noncompliance with provisions regarding hazardous waste; and provides for forfeitures, civil liability and recovery of costs of cleanupp abatement or mitigation,,,of any threats or hazards to public health or safety, and recovery of costs of any removal, storage, treatment', disposal or other handling of hazardous waste or hazardous subeances. Applicants for a license to constructt operate or substantially expand a commercial hazardous wasU facility are required to give written notice to the =unicipality in which theproposed facility will be located. @Imicipalities are given intervenor status in any proceeding for site review. -84- I Mun.Jc -4pal -4 ties also are authorized to enact polace power -,'nz trith commercial hazardous waste facilities; and to control the handling of solid 4aste within their boundaries, including collection, transportation or delivery to a specific facility, in order to help make resource recover facilities, including energy production, financially feasible. Each municipality is required -to provide a solid waste disposal facility for domestic and commercial solid waste generated within the municipality,, and to provide for the disposal of all refuse, effluent, sludge and any other materials from all septic tanks and cesspools located within the municipality. The Department of Environmental Protectiong Bureau of Land Quality Controll should be consulted for specific interpretations, procedures and permit application formso as well as administrative policies and standards contained in its Solid Waste Maratgement Rules and Haz4Lrdous Waste Management Rules. 4. WATTMWAY "'EVEW?ENT & Cr'NMVAr'ON ACT (38 N,9?SA W-6-16) The purpose of this Act is to support and encourage the development of hydropower projects by simplifying and clarifying requirements for permits, 'while assuring reasonable protection of natural resources and the public Interest in use of waters of the State. The Act requires a single application and permit for the construction and reconstruction of all hydropower projects, or structural alteration of arxy hydropower project in ways which change water levels or flows above or below the dam. Normal maintenance and repair of an existing and operating hydropower project is exempted as long as there is no dredging or filling of any great pond, coastal wetland, river, stream or brook, or any dredging or filling of adjacent land such that any dredged spoil, fill or structure may fall or be washed into those waters. 'The permit application process is administered by the Department of Environmental @-Irotecti,-)n in (%rganized areas and by -the Maine land Use Regulation !-@oxmission wi'!Aiin its jurisdi(-.tion- Approval of permits is subject to appropriate terms and conditions with respect to factors such as water levels, minimum flows, and fish passage facilities. Approval requires a finding that the applicant has demonstrated: (a) financial and technical capability to undertake the project; (b) adequate provisions for protection of public safety; (c) significant economic benefits to the public, including creation of employment opportunities for workers of the State; (d) adequate provisions for traffic movement; (e) consistency with zoning adopted by the land Use Regulation Commission within its jurisdiction; (f) reasonable provisions to realize an ,q environmental benefits of the project, and to mitigate adverse environmental impacts; (g) project advantages which exceed the direct and cumulative adverse impacts over the life of thtf project# considering soil qtability, water qualityt wetlandsv and the natural environment of any Sur 'face waters and shorelands; fisht vildlifet historic and archeological resources; public rights of access to and use of surface waters for navigation, fishing# fowling, recreation and other lawful public uses; flood control benefits or hazards; and hydroelectric energy benefits. The Department of Environmental Protection or the imd Use Regulation Commission should be consulted for pertinent rules, regulationsp procedures and application forms. 5. MAI"NEE RIVERS ACTA (part - 12 IMRSA 403) I The Maine Rivers Act intends to protect the unparalleled natural and recreational values of certain designated rivers. Section 403 of the Act identifies river segments on which no new dams are to be constrLwted without the specific authorization Of the Legislature, and directs that the significant resource values of these river segments shall not be diminished by additional development or redevelopment of existing dams. The Act further declares that the banned projects will alter the physical and chemical character ist i cs and designated uses of the waters of these rivers, constitute violations of the State's water quality standards, and are uncertifiable under the U.S. Clean Water Act. Rivers within the Coastal Area which are given special protection include the Dennys, East Machias, Kennebec, Machias, Narraguagus, Penobscot, Pleasant, and Sheepscot. 01 -87- 6. VAS= ACTI= LAW (38 MRSA 1451-1480-A) This law sets conditions for State participation in the federal process for siting high-level radioactive waste repositories; provides for transmittal to the President and Congress of a State notice of disapproval of a repository; provides for review by the Department of Environmental Protection and approval by the legislature of any proposed high-level radioactive waste disposal or storage facilityp except a repository or on-site storage of spent fuel from a nuclear power plant; establishes a low-level Waste Siting Coomission and fund; and provides for hearings and review by the Board of Environmental Protection and approval by the legislature of a proposed low-level radioactive waste storage or disposal facility. ,he law requires that prior to initiation of studies of areas with potentially acceptable sites for high-level radioactive waste, a plan for such studies, including any federal plan, shall be approved by the :egislature. The plan A to include oocioeconomic and -anvironmental studies, an environmental assessment of site suitability, procedures for establishment of a State review group, and provision for public hearings. The law requires a permit from the State Geologist for exploring geological formations for the purpose of siting a high-level radioactive waste repository. Any agent of the State is prohibited from (a) participating in site characterization or selection efforts without federal agreement that the process includes preparation of a specific environmental impact statement and compliance with all applicable State and local laws; and (b) participating in site selection or construction of a high-level radioactive waste repository without legislative approval. Hearings held in connection with a plan for studying high-level radioactive waste sites, or review of proposed low-level radioactive waste facilities, at a minimum are directed to address technical feasibility, environmental impact, social impact, economic impact9 and relation to requirements of State law regarding waste discharge and air emissions, and other laws administered by the Department of Environmental Protection. ' Hearings regarding a high-level waste site also are directed to address the comparative evaluation of site suitability in relation to sites in other areas. In the case of low-level sites the law provides for municipal participation in the site review process. N. 10 7. PR=Tllj-ff & ZVFRCV30rT OF WATERS 1AW (38 YRSA 361-367, -3372-455) The purpose Of this law is to control, abate and prevent pollution of all State waters. Administered by the Board of Environmental protection, the law provides mechanisms to control public and private waste discharge into rivers, streams, brooks, lakes, ponds, marine and tidal waters, and ground water. A general prohibition is placed on the spill or unlicensed discharge of petroleum products, forest products refuse, potatoes, refuse, junk, garbage, septic tank sludge, waste from watercraft, and on the sale or use of high phosphorus detergents. Log driving on inland waters is banned except, with a permit, for purposes of transport from islands to the mainland. Discharge of radiological, chemical or biological warfare agents, high level radioactive waste and other toxic or hazardous substances identified by the Board is entirely prohibited. Mercury discharges are banned except, under certain circumstancesp those predating January 1, 1971. It is unlawful to discharge waste which, following reasonable opportunity for diffusion, will lower the quality of any State waters below mi'-inimum classification requirements. The law prohibits discharge of any pollutant from a private or public source, or installationp operation or maintenance of a surface or subsurface waste water disposal system (including but not limited to holding ponds, surface application and injection systems, except those designed and installed in accordance with the State Plumbing Code), without a waste discharge license from the Board. Standards of-classification are established and the State's fresh surface waters, great ponds, ground watert and tidal or marine waters classified accordingly. The location of solid waste disposal areas adjacent to any classified body of surface water is regulated. Any waste discharge license is ,h issued or-1,V upon the condition that the discharge, alone or in combination wit other discharges, after best practicable treatment, Will not lower actual water quality below its classification. Waste discharges may not lower waters of higher quality than their assigned class-ificationp except on a finding by the Board that such lowering is a result of necessary economic and social development. The Board may revoke, modify or suspend waste discharge licenses in response to changed circumstances or license violations. Each water quality classificati-ofi'awries specific measurable standards. Standards for the highest classification of fresh surface water, Class A, assure that it can be used for recreational PurPosesp including bathing, and for public water supplies after disinfection. New discharges to such waters are allowed only if equal to or better in quality than the receiving waters. Class B waters are intended to be acceptable for recreational -*urposest including water contact recreation, for use as potable water supply after adequate treatmentp for fish and wildlife habitato and for industrial water supply in the case of B-2 waters - Class C waters are intended to be satisfactory for recreational boating and fishing, for fish and wildlife habitat -89- and for other uses except potable water supplies and water contact recreation, unless such waters are adequately treated. Class D waters are assigned only where a higher classification cannot be attained after utilizing the best practicable treatment or control of sewage or other wastes. They may be used for power generation, navigation and industrial process waters after adequate treatment. Most great ponds are classified GP-A, suitable for recreational purposes, including bathing, fish and wildlife habitat and public water supply after disinfection. Class GP-B are acceptable for recreational purposes, including water contact recreation for use as potable water supply after adequate treatment, and for fish and wildlife habitat. No new discharges are permitted to great ponds. All ground water is classified GW-A of such quality that it can be used for public water supplies. The Board may recommend legislative reclassification to GW-B, suitable for all usages other than public water supplies, in certain circumstances. Tidal and marine waters fall in five classifications. Class SA is suitable for all clean water usages, including water contact recreation and fishing, and for harvesting and propagation of shellfish and for a fish and wildlife habitat. Class SB-1 is similar but with a lower fecal coliform standard in nonshellfish areas. Class SB-2 is intended to be suitable also for industrial cooling and processing. Class SC is intended for recreational boating, fishing, shellfish harvest for depuration, fish and wildlife habitat and industrial cooling and processing. Class SD is intended for fish migration, industrial cooling and processing, navigation and power generation. Finally, this law requires authorization by the Legislature for construction of any dam on that portion of the Penobscot River downstream from the Bangor Hydroelectric Co. Dam at Veazie to the southernmost point of Verona Island for any purpose not previously authorized by act, resolve or operation of law. The Department of Environmental Protection, Bureau of Water Quality Control, should be consulted for specific water quality standards, administrative policies, regulations, procedures and permit application forms. 8. 011 DISCHARGE PREWMION & P0=10N CONTRCL (Coastal Conveyance of Petroleum Act) (38 MRSA 541-560, 345-349) The purpose of this law is to protect the coast and all other waters and lands of the State from damage caused by spillage of oil, petroleum products or by-products. Emphasis is on prevention, immediate clean-up of any spills, and provision of compensation fordamages to property owners. The law prohibits the unlicensed discharge of oil into or upon any coastal watersq estuariest tidal flats, beaches and lands adjoining the seacoast, or into any lake, 'pond, river, stream, sewert surface water drainage, ground water or other waters of the State or any public or private water supply. Discharge of waste, refuse or effluent, including natural drainage contaminated by oil, petroleum products or their by-productst may be licensed by the Board of Environmental Protection if it finds that such discharge will be receiving the best available treatment and that existing water quality will not be degraded or any visible sheen created. The law also requires a permit for installation of any new or replacement underground oil storage facility with a capacity greater than 500 gallons. Licenses are required to transfer oi.1 between vessels and between vessels an,d terminal facilities,, and for anchorage for more than seven. days in Maine waters of vessels designed or used to carry oil as cargo. Operation of vessels carrying oil to or from terminals is subject to terminal license conditions while within 12 miles from the coastline. The operation of oil carrying vessels, barges, tugg, motor vehicles and other equipment., used by terminals and refineries is also subject to regulation. In addition, safety operating conditions are attached to licenses required of operators of all oil terminal facilities with storage capacity of 500 barrels or more. The law provides for immediate response to reports of prohibited or unexplained discharges of oil, for removal of prohibited discharges, and for injunction proceedings- It further provides for restoration of any area affected by violation of any provision of the law or any license or permitt by court order. The Department of Environmental Protection, Bureau of Oil and Hazardous ailted re ding administrative Regulations, Materials Control, should be con gar procedures and permit application f0iiiie -91- ECARDOUS XATTER CONTROL 1311 MRSA 1317-1119-Al This law authorizes the Board of Environmental Protection to identify- by rule any substances that present a present or potential danger to the people of the State or to its natural environment when deposited on land or discharged on or into waters or ambient air; and prohibits the discharge of any such hazardous matter into or upon any waters, land or ambient air of the State unless licensed or authorized under State or federal law. The law provides for procedures for removal of discharges of hazardous matter, establishes that the responsible party or person causing the discharge is liable for all acts and omissions of its employees and agents, and provides for recovery by the State for expenditures for removal of discharges. A responsible party is not subject to criminal or civil penalities if he i=ediately reports and removes the discharge in accordance with the rules and orders of the Board of Fiivironmental Protection. -92- 0. :34PROVI-INCE ;T 7 A-ZR (38 MMA 581-611 This law intends to control present and future sources of emission of air contaminants to insure the continued health, safety and general welfare, and to protect property values and plant and animal life. Six ambient air quality regions are adop W (Metropolitan Portland, Portland Peninsula, Central Maine, Downeast, Aroostook and Morthwest Maine); emission and ambient air quality standards are establishedg, and licenses required from the Board of Environmental Protection for all emission sources. Discharging air contaminants in violation of standards or operating a pollution source without a license is prohibited. Fach region is required to adhere to statewide ambient air quality standards, and to maximum allowable regional increases in concentrations of particulate matter and sulfur dioxide. Ambient air quality standards are established for particulate matter, sulfur dioxide, carbon monoxide, photochemical oxidant,, bydrocarbon, nitrogen dioxide, lead and chromium. Emission standards are established for particulate emissions from general process sources, fuel and solid waste burning sources and incinerators; for sulfur dioxide emissions from sulfite pulping processes; and for hexavalent chromium. Standards are set for sulfur content of liquid and solid fossil. fuel, and for vapor control in the case of storage and transfer of liquid petroleum. Emission of visible contaminants is prohibited from specified types of sourcesp and open burning is prohibited, except for specified types permissible with a permit from the fire wardenp forest ranger or local fire prevention official. The law also authorizes the Board to establish emission standards generally, and emission standards or designo equipment, work practice or operational standards specifically for activities emitting hazardous air pollutants. I't also requires the Department of Environmental Protection to carry out and maintain an inventory of hazardous air pollutant emissions. The Board is directed to grant an air emission license if it finds that the proposed emission will be receiving the best practicable treatment, will not violate applicable emission standards or, alone or in conjunction with existing emissionsp ambient air quality standards. The Department of Environmental Protectiont Bureau of Air Quality Control, should be consulted for specific air ; uality standards, administrative policies, C_ regulations, procedures and 'permit ap-lication forms. -93- I I, LIIND USE REGI@IION LAW 112 IIISA 681-,189, The Iend Use Regulation law empowers the land Use Regulation Commission to regulate all land use in unorganized areas of Maine. Such areas comprise ab ut five percent of the coastal areat including eight townships, three plantations, and over 200 named islands. The purpose of the law is to extend principles of sound planning# zoning and subdivision control to unorganized areas; to prevent land uses detrimental to the proper use or value of these areas; to prevent intermixing of incompatible activities; to provide for appropriate location of residential, recreational, commercial and industrial uses; to prevent the despoliationg pollution and inappropriate use of the water in these areas; and to preserve ecological and natural values. The law establishes three major district classifications: (a) Protection di3tricts, -dhere development would jeopardize significant .-@atural-, recreal,.'.,Dral and hist@,@ic resources, including flood plains, @Precipito@ls slopes, wildlife habitat and other areas critical to the ecology of the region or State; (b) Management districtst which are appropriate for commercial forest product or agricultural uses; and (c) Development districtst most appropriate for intensive residentialt recreational, commercial or industrial uset or commercial removal of minerals or other natural resources. The law authorizes the Commission to delineate subclass if ications, to determine boundaries and designate the classification of each area thus identified, and to adopt appropriate land use standards and permitted uses. There are eleven Protection subdistrictst three Management subdistricts, and four Development subdistricts in the Commission's adopted Land Use Districts and Standards. The law provides for amendments to district boundaries and s@E@Indaxli,, and for variances. A permit from the Cominission is required for most development uses. Permit applications must be accompanied by a plan that shows the intended we of the land, proposed changeso and other details as may be required to determine conformance with applicable land us& standards. Permit approval req@lires: (a) adequate provision for meeting the State's air and water pollution control and other environmental lawst for solid waste disposalt for controlling offensive odors, and for water supply; (b) adequate provision for parking, loading and circulation of landp air and water traffict ing on and from the site; (c) adequate provision for fitting the proposal harmoniously into the existing natural environment; (d) meeting specified Boil suitability standards; and -94- (e) subdivision approval in the case of an application for a structure on any lot in a subdivision. The land Use Regulation Commission should be consulted for boundaries, standards'-and permitted uses in specific areasy for procedures and permit application forms, and for other rules and regulations. _95- T 12. ALTMRA..6-C'N 7 R.-LV-MS, STRZAMS & BROCO LAW (12 MSA 7776-7780) Under this law no person may dredge, fill, or erect any permanent structure above head of tide, int on, over or adjacent to any river, stream or brook in such a manner that any dredged soil, fill, or structure may fall or be washed into the water, Without a permit from the Department of Inland Fisheries and Wildlife. Permanent structures requiring permits include causeways, bridges, sewer lines, marinas, docks, wharves, dam. Streamside stabilization activities and stream diversions related to construction activities are also regulated. Permits are granted if it is demonstrated that proposed activities will not: (a) unreasonably interfere with existing recreational and navigational uses; (b) cause unreasonable soil erosion; (c) unreasonably interfere with the natural flow of any waters; (d) unreasonably ham any wildlife habitat; and (e) lower the quality of any waters. The law also identifies and provides special protection to outstandIng river segments with special values. A permit application for a crossing of an outstanding river segment is required to demonstrate that no reasonable alternative exists which would have less adverse effect upon natural and recreation features. The law exempts river, stream or brook crossings connected with public works projects which do not alter more than 300 feet in any mile of shoreline, and private crossings or dam projects which do not alter more than 100 feet, counting both shores, unless such projects are located on an outstanding river segment. Railroad repair and maintenance also is exempted from the permit requirement. The Department of Inland Fisheries and Wildlife should bee consulted for specific interpretations and permit q*lication forms, as well as administrative policies and procedures as in its Regulations for the Process,,M of Applications for Stream Alterations. -96- 13. MARDE RESOURCES 1AWS (various sections of Title 12, MFSA) The purpose of the marine resources laws is to protect all renewable marine resources, such as fish, shellfish, marine worms, marine plants, and their habitat'and supporting ecology. The Commissioner of the Department of Marine Resources is authorized to investigate conditions affecting marine resources and to adopt regulations to promote their conservation and propW-tion (12 MRSA 6171-6192). Wch regulations may limit the taking of marine organisms by time, method, number, weight, length or location; they may concern prevention of gear conflicts, closure of contaminated or polluted areas, and collection of fisheries data. The adoption of regulations may be initiated by*declaratlon of emergency by the Commissioner, by petition, or by the initiative of the Commissioner with the advice and consent of his advisory council. Regulations adopted pursuant to this authorization which are included in Maine's Coastal Program cover aquaculture leases, shellfish, lobsters, crabs, marine worms, alew-1ves, eels, groundfish, herring, salmon, smelt, mer-@aden, shrimp, marine rrommal , gear restrictions and conservation areas. Marine resources laws also include specific fisheries conservation laws. The following are included in the Coastal Program: (a) aquaculture leases (12 MRSA 6072-6074), authorizing of areas in, on and under the coastal waters for scientific research or for aquaculture of marine organisms; (b) fishways (12 MRSA 6121-6122), authorizing the Commissioner to require. fishways in existing and new dams; (c) gear limitation in the coastal waters of Washington County (12 @'FSA 6571 ); (d) municipal conservation program (12 MRSA 6671 & 6673); (e) methods of fishing (12 MRSA 6951-6952); and (f) taking of lobsters (12 MRSA 6431-6440), salmon -kI 12 INRU 6553-6554), herring 0 2 KM 6542 and 32 MRSA 4159), shellfish (12 @MA 6621 and scallops (12 MSA 6721-67257. Marine resources laws and regulations are enforced by wardens of the Department of ?Iarine RelVWC"- -97- 14. SUBMERGED AND INTERTIDAL LAW (12 MRSA 558) This law authorizes the Director of the Bureau of Public lands to lease or grant assignable easements, for terms of up to thirty years, on submerged and intertidal lands owned by the State. The Director may, after consultation with the Commisioners of Conservation, Marine Resources, Inland Fisheries and Wildlife and such other agencies or organizations as he deems appropriate, grant the right to dredge, fill or erect permanent causeways, bridges, marinas, wharves, docks, pilings, moorings or other permanent structures. The rental fee charged for leases is to approximate the fair market rental value of the land, adjusted downward for undesirable uses and upward for desirable uses; depending upon the extent to which the use impairs the future use of the submerged or intertidal land for fishing, fowling, or naviagation; needs to be located on the submerged land: and exploits natural renewable resources of the water. An easement may be granted without valuable consideration, if the use is for charitable purposes; occupies a total of not more than 500 feet of State-owned land; or a total or not more than 2000 square feet for the exclusive purpose of landing or processing shellfish finfish or natural sea products or related activities; or is for harbor improvement by the Federal Government. 5. :011-21G :,kd ,12 YTLq;, 4811-4817)' k' L J.. 1he Mandatory Shoreland Zoning i&w regulates land 'evelorce.-it w-Ith4n 25) feet of lakes and ponds over 10 acres in size, salt water, and rivers and stream from that point at which they drain 25 square miles or more to their 0 outlets. Regulation is accomplished by requiring adoption and enforcement of shoreland zoning ordinances by municipalities. Individual mmicipalities should be consulted for information on zoning district boundariest activities requiring permitsp and procedures for permit applications and variances. Hinicipal ordinancesp however, must contain -development standards which are at least as restrictive as the Model Shoreland Zoning Ordimce adopted jointly by the 'Board of Environmental Protection and the Iend Use Regulation Cmmission. The minimum regulations in the Model Shoreland Zoning Ordinance cover: (1) permissible land uses in resource protection, limited residential-recreational, and general development areas, and (2) development standardso as follow: (a) Agriculture: require manure spreading and disposal to follow specified guidelines and that no tilling occur within 50 feet of the normal high water mark. (b) Beach Construction: require a permit from the DEP. (c) Campgrounds: require a 75-foot setback for the placement of all 4N recreational vehicles, and 5,OqO sq. ft./vehicle. (d) Clearing: no more than 30 feet of every 100 feet of shoreline can be cleared within 50 feet of the water. (e). Erosion and Sedimentation Control: to be accomplished to the maximum extent possible to re.duce.soil erosion and sedimentation. (f) Mineral Exploration: require a permit for actions that involve more than minimal ground disturbance. (g) Piers, dock,.wharves, breakwaters, causeways, marinasp bridges over 20 feet long and uses projecting into water bodies: access trm the shore &all be on appropriate soils. The location shall not interfere with beach areas and adverse effects on fisheries should be volnimized. N (h) Residential Lots: require a Minimum lot size (without sanitary sever) of 20,000 square feet, minimum shore frontage of 100 feet, and a maximum building coverage of 20%. These saw minimum requirements must be met for each additional dwelling unit. _99- (i) Road Construction: roads are to be constructed in conformance with the standards specified in U.S.D.A. Logging Road publication. Further, watercourse crossings should be minimized and exposed mineral soil revegetated or stabilized. (j) Sanitary Standards: subsurface disposal systems must be located on suitable soils, as determined by a State-licensed soil investigator. The State Plumbing Code requirements must be met and facilities must be set back at least 100 feet from the high water mark. (k) Signs: location, size, and number of signs in Resource Protection and Limited Residential-Recreational Districts are restricted. (l) Soil: land uses must be located on soils without causing adverse environmental impacts, including severe erosion and mass soil movement. (m) Structures: all principal structures in Resource Protection of Limited Residential-Recreational Districts must be set back 75 feet from the normal high water mark. The first floor level must be at least two feet above the 100 year flood elevation. (n) Timber Harvesting: 1. No substantial accumulation of slash is to be left within 50 feet of the high water mark. 2. A filter strip of vegetation must be left between skid trails and the water. 3. Harvesting shall be conducted so as to leave well-distributed tree stands. 4. No single harvesting activity shall create an opening of greater than 7,500 square feet in the forest canopy. 5. No more than 40% of the volume of tress shall be removed in any 10-year period. (o) Water Quality Protection: no activity may discharge any liquid or material that is harmful to human, animal, plant, or aquatic life. 16. SUBDIVISION LAW (30 MRSA 4956) The purpose of the Subdivision Law is to require municipal review of any division of a tract or parcel of land in organized territory into three or more lots within any five-year period, whether accomplished by sale, lease, development, buildings or otherwise. Lots of more than 40 acres, lots created by inheritance, condemnation or court order, and gift lots from a relative are exempted. According to an advisory memorandum issued jointly by the State Attorney General's Office and the Maine Municipal Association a subdivision also includes apartments, condominiums, shopping centers, hotels, campgrounds, industrial parks and planned unit developments (June 15, 1972). Before granting approval of a proposed subdivision, a municipality must determine that the subdivision: (a) will not result in undue water or air pollution; will not adversely affect the quality or shoreline of any pond, lake, river or tidal waters within 250 feet; and will not adversely affect the quality of groundwater; (b) has sufficient water available for reasonably forseeable needs and will not cause an unreasonable burden on an existing water supply; (c) will not cause unreasonable soil erosion or related problems; (d) will not cause unreasonable highway or public road congestion or unsafe conditions; (e) will provide for adequate sewage disposal, and will not cause an unreasonable burden on a municipality for disposing of solid waste and sewage; (f) will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare and irreplaceable natural areas; and provides for a combined 500 foot lot shore frontage and setback of principal structures in the case of lots fronting on or within 250 feet of river segmennts with outstanding natural and recreational values designated for special protection; (g) is in conformance with any-regulation authorized for protecting and assuring access to direct sunlight for solar energy systems, any duly adopted subdivision regulation, and any duly adopted development plan; and (h) is supported by adequate financial and technical Capacity to meet minimum requirements. The Subdivision law authorizes municipalities to adopt additional subdivision regulations which may be more restrictive than these specified. Individual municipalities should be consulted for a complete picture of applicable rules, regulations, procedures and review criteria. -101- fees.0...... .. .0.** 000.0 le . 000see 4 00 . 06 a ggg." *to I.. oe, 01 .0.0. a -.7 %i -07.746. 67.949.6. fees* eel@ 0. 0 a 04 00* -0000 "'6009 0*00*0'_' o 000 too . . . . . . . .0 e 0 OAO 0. . . . . . . .006.9.0, 0 st * 0-0- 00*00 V-%% ooo*.-- 0, aOV4 . 4'a"0 0 . . . . . ... '04 0*0. . . . . . . . O..o.. 0 0-6, .*a -.9**4 00000off *0100 00, 000000-0-.- 0 see 00.-0.0.0 0 o 0-i 100004 10004s, 0 a. . . 0 * a .00 ".0 0 0 ..9010 0 a 0 0 0 0 0 .00. ..-0-07-74*4 0 0 *096 1 000* 0.0.0.00 0 - - so, ..So 00,0 -0-0-0.0. 00 a a 000, -.2r 0.M 0-0--- see GV *.*o -00 0 0 0 0 a '--'40-vo 0 RA V. ..go .00 ..0.4 .40 6 06,0.0 -Voo."t." , , * , 4__.. . . - - o . 0701., o6o.0 o.- .0. 0 0 cg0 Nov. _"@.o 0 be*%*- so.'"o -000 0-14 o-. 00 0000-00'vo . * o:0-0 .......... 0*. 0 00 0-0 too 00. 4900.00 09' .0 IkA. 00. -.00' 40 0.1 000,, LAAA-, **o ..0 0 0 o-.- 0 6,4000.0.0.-S.7-0 '40. . -0-00.60 oo . . . 0 0o 40 0 0 00 0.4 .-0. 0 * . . .00040 0 .0.0.0 . . . . . . 0 0 _Go owe 000 **10*0 6 Vo '04 *a 0.f 0 0 00. 900 oo ,. . . 0 0 .- - . . 00 * 0 lao-o'el. 0 .0 00 $Soo-0-0 --"* .._4-- .0*0.0 .00, 0 .0 *0 0. 0 0 V., 0* -.0000'.. Dole.- .0 of 0 . .*,,L*,o 0 tiLd@. 1040.0.0.- ***0000 .6 *fee 0% 4.9. 4. ..0.000 9,97 0 0 . . 0 0 .... so'. .*.Oo 0 - 0 .... '-14141.- 0 0*0 014* -4-4-4600....0.4- 0. . .*. . go V . o 4.0 .-44* . . .. . . . . . .... . . *0. '0 .0, -0. 0 .00 go. *00 .0,0 ...'o so-. "0066 go 0".0a.0.0 0 0 a. 40 40.0.4 0 ZOV09 a - 00 Vee .0 q.. 0 000 400.0'. ...0 .0.0. 0 e0 0 440600.0.6.4*460. .0. 00'. -.0. 0 00-0@0'*'00.4.60%0.0 0 0 a 0 4a 000 0-000 %400 0.0 4 .00'. 0 * .0.04" 0 0"".00 o .-0 060. 0 0 .110 00 * a 0 4p 00 00 0 0.00 0 0 .0.0.0 a -0 . 000 p 0 0 0 0 -.0. 0' _0V.' 0 110-0-0 4, .0 -0 a goo-so-. 00.00*.00- 0 0 r 0 0 0 o'.' 9116 10 0-0 06, 04 00" 0 0 a00. . . . %'o 0 go .100 0*,o .0*0 00 00 16600- - 0.. 0.00 ...'o0.0 90 0 V 0.aso Appendix 6 ZONIN GMAP OF,,,. THE TOWN OF WELLSp MAINE. R11SI09xTIAL DISTRICT A R A., RURAL DISTRICT 1193101INTIAL DISTRICT a as 10 6USINCSS A DISTRICT @A GUSI109SS 2 DISTRICT RIESOURCS FROTIECTION DISTRICT RIP 101OUSTRIAL DISTRICT El 4e A04" Aug"t 1984 102 .W .... So.0 oV, we0 see so. -j.. ""6000"Oe . .00- 00 o . . . . 0.440... 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Do. 0 11, -..*o ._.-o' Do '*so 0. es "Ilk -oo --Q-- Do, -o..o -D so. o * ;@'- - - - . * - - 0 0. .--"* -,0s-o a o Do.- 0. o @0- o' 1. ..' '-W&O -- Do Do so 1 0 0 0 -4 0 0 .0 o- 0. -0, '00, *.*. 0Do, woo Do'. .so DO.. 0 o 0-0-.- we .0., Do, . . . . *s 0 0G-o -.so% -0 .0 .0.0.0 V4 so,J-4 so 'oDo 6 0 . Do.* 0 6 .. 0 to . -*0 . . . . .o0* 6'. 00* .`06*00*06 9- V. so. -.0.0.00- -00,0 . . . . . .7. 06,0".0 0 1 *00 0-61.1 00. 00.0 Goo* 004*600 'o'0..*Do --go .00009* 40 oooo-0- -woe* 6- .0 o - oo.00*44 0 0 00 9 & 0 0, Ve 1. 0 oo*.-e---eoo-*' 0000-o'e-we0 so *so 0, oma - woos**- ooooo-O 0. so 00. so olo 0 ov o o 0-0@0wqos 0 o o 0 0o0.o -..Do* 0. ".6464-9 00 -.00._ . . . . . . . .Do. 040.r * 0 .too .o.:@o. . .0. Do 14 00 -V.".* wD.0 *0@- .0.o .'o-o 1 0 a o0- 0 0o 0000000, Is ':D;. o__ . - - - . . 0 , , , 9, ,**Do 00.0 0*4 see o 0 DDDDO' Z.V.9.0.0.04 0o .._0 so. -__#.. .o w 0 e e *-.-O-.v a*-.7ow, 4 0 o e o . .0o 00 0 ol 0 0 0V 0 0 0 0of .,sees. 0 . '_.-0- -00so. .0.00. o. . . . . . . . 0aDo, - 0 O.O.O.-o so. Do 0"000* oo.... .0 0 0o'eue'De Doses 000 --see -.v Do -.-w ...o.000 .000...11 1 e 00. 00. .0o-Do .s Dow*-. -s 0.aso _".0 Do. so, %4.4.0 o a 60004 A ooo-s-0 0 4-Vol -,D-0 Do 0 . . a 0 * a 4 0Z#%o ommoo 0,0--.so .0. so, o-- - - - - - 0. . . . . .0 ODD, * 0 Ole '000 4 .0.*.$ a a 0 . . o Do 0 9 4 so .0,0 0*00 Do ..p .4 sees so. (of so o so 6 4 o o o . so 4 e o Do* . . . ooe'.004oo Do o a 0 0 #'*044.000,'.0.0 -so* . . .oe. Do. 0-.00%. - * .1 -o.0.4.Dw oo o*o-oos -'s '%-00 004 O.'ss . . . . Do-- 00, .0 00 0 0 . o . 040 * So sees* - 00, *see*.4oso 4- cl Do *DO . . . .. . . . ..00 Do DD.. ..-Ooo -0 0 0 o".600.0. ose".000.0 * 6...00 1%. o so. ..so 00 0oq 0 * 0 o . * ovoooo.%* ..6. .0000000 o 0 9 040 040o 0 D. Dow--- * 0 '00 0Do.0*see " .0 00 . o . -.. o o-. - . 0 0.044699 0 0 0 0 0 * so 0 4 0 0 o*40's 0 000066 Do's 0 0 0 * 0 .'.*1; . . .Goo 00. . . . . Go..0.0 "*4400060 --I.e... DD. .00 - -- -0000.-o'e... - 0e Doo..4 o0, *40*0 .0.7. --- %----o....o..' Do, D * o 0 **0o.%%oj 0 0* , 04.0 q... 1 0000.011, 00.0*!o0 0 0--*..0- eoo*.Soo Goo0 0.40.0.004 % ---o.. 000 ' 0 D' 0 .00,0.. ..0... P.O.O.- so 4p 00A 0 00 0 0 0 0 . . . 0044 ..'s a.,6 000 Do Do *06 so** Do. so . . . . . . . 0000 so Do so.. 00, 410'. 9000000"0460 so of0 0* 0.4 go, 0-0 0. So. so. @Dww Appendix 6 1 ZONING MAP OF THE TOWN OF WELLS, MAINE. LEG It NO i RCSIDCNTIAL DISTRICT A RA RURAL DISTRICT nCS109PITIAL DISTRICT 8 no SUSINIESS A DISTRICT 9A IBUSIXIESS 2 DISTRICT so 1119SOURCIE PROTCCTIGN DISTRICT It p INDUSTRIAL DISTRICT 1. El August 1984 103 "Wes CD FF 0 A *r z R/ VR 'CR B 41L R B 0 Appendix 6 2 WELLS NATIONAL B ESTUARINE SANCTUARY Wells Zoning of the @anctuary B RP Resource Protection 0 Rural R Residential B Business lennebunk Zoning of the Sanctuary FF Para and Porest /R VR Village Residential p CR Coastal Residential HB Highway Buiness SCAU .0 APPENDix 7 ENT S6NW! 8EGJ-AT60NS: I IFE KE LIC SE EGLILATIONS EGLILATION4- LILES TATE S AND IIEMOR I ALS CURR W LrL iE Me AND '6U STATE EGU FOR 4( @AF UNITED STATES 0EPARTh,1,FN- OF THF INTERIOFR FISH ANO WILOLIFE SERVICE RACHEL CARSON NATIONAL WILDLIFE RIFFUGE WELLS , MAINE PUBLIC USE REGULATIONS Entry by foot into those portions of the refuge not posted as closed is permitted for certain uses specified herein. Visitor hours are dawn to dusk. Sightseeing, nature study, wildlif i -observation, photography, hiking, snowshoeing, and cros s-country skiing are permitted. Group activities may be confined to areas designated by the Refuge Manager. Advance reservations and permits are required for group activities and there must be at least one adult supervisor for every ten (10) children., Vehicles are permitted only in designated parking areas. Parking may be restricted to certain purposes and conditions designated by special signs. Public boa.t launching and landing are not permitted on the refuge except by special permit. Alcoholic beverages, nudism, camping, tentso camping trailers, and f ires are not permitted on the refuge. Pett are permitted if under control and on a leash not over 10 feet in length. The possession of any device prohibited by State law and/or deemed a dangerous vespon by refuge officials Is prohibited. Information about the refuge is available from the Refuge Manager, Rachel Carson National Wildlife Refuge, Route 9.Fast, Wells, Maine 04090 Telephone No. (207) 646-1226. 110 1 105 TTON lz- MAINE DVAR"I'MENT OF CCNS7_RVA._ BUREAU OF PARKS & RECREAT:ON RULES FOR STATE PARKS AND MEMORIALS The following rules and regulations are established by the Bureau pursuant to the provisions of the "Maine Revised Statutes Annotated," Title 12, Section 602. (1) The use of these areas shall be limited to the purposes for which they are being preserved and to activities determined by the Bureau to be compatible with the intended use of the facility. Sports activities will be confined to areas so cesignated for that purpose. (2) The removal, molesting, injury or damage of anything natural, physical or historical within these areas is strictly prohibited. The use of metal detectors on histori-c sites is prohibited. Metal detectors are allowed in other areas only by written permit. (3) Intoxicating beverages are not permitted. Disorderly conduct is prohi:@_Jted. T?,,is includes but is not limited to indecent acts, intoxication or coarse language. (4) Open fires are allowed only in grills or fireplaces provided by the Bureau for that purpose or in the users own equipment which will be confined to areas designated for that purpose. No fires are allowed on beaches. (5) Pets are allowed only under suitable restraint. Pets must be on a leash not exceeding four feet in length. No pets are allowed on beaches or in Setago Lake State Park campground. Pets shall not be left unattended. (6) Wheeled vehicles shall be parked only in places designated for that purpose, conform to posted traffic regulations, be confined to roads designate'i fo" that purpose, and otherwise comply with all State vehicle laws. (7) Refuse must be placed in the containers provided for that purpose oy the Bureau. (8) The discharging of wastes, @ncludihg soaps and detergents, shall be prohibited except locations specifically designated for that purpose. (9) Soliciting is prohibited. (10) The possession and/or use of firearms or weapons is prohibited in all areas between May A and October 1 . See section 4 for rules regarding hunting and trapping. (11) Arrangements for group Use must be made in advance by contac ing the Park Manager. Groups are limited to those areas designated or assigned for %t o@;rcosP and all groups must be accompanied by a sufficient number of adult supervisor-o. (12) Camping: See supplemental section on.Camping. (13) Swimming or boating or water skiing shall be allowed only in areas designated for that purpose. 01 106 (14) Activities which endanger persons or property may be restricted or prohibited. The Bureau may evict any person violating these rules or other State law or regulations. VIOLATION OF RULES & REGULATIONS Pursuant to Provisions of 12 Maine Revised Statutes Annotated, Section 606. Whoever violates any of the rules and regulations, or any notices posted, or Willfully mutilates, defaces or destroys any monument or markers lawfully erected within the borders of said parks or memorials, shall be punished by a fine of not more than $50 and costs or by imprisonment for not more than 30 days, or by both. Richard B. Anderson Commissioner, Department of Conservation Director, Bureau of Parks and Recreation 107 (14) Activities which endanger persons or property may be restricted or prohibited. The Bureau may evict any person violating these rules or other State law or regulations. VIOLATION OF RULES & REGULATIONS Pursuant to Provisions of 12 Maine Revised Statutes Annotated, Section 606. Whoever violates any of the rules and regulations, or any notices posted, or willfully mutilates, defaces or destroys any monument or markers lawfully erected within the borders of said parks or memorials, shall be punished by a fine of not mcre than $50 and costs or by imprisonment for not more than 30 days, or by both. Commissioner, Department of Conservation Director, Bureau of Parks and Recreation 108 I I* - I I 1 9 I I I I I* I I I I I N I APPENDix 8 1 SANCnARY ADVISORY COMITTEE .I* I The Sanctuary Advisory Committee is composed of the eighteen members representing a variety of interests and perspectives. Organization # of members Current Appointee Selectman, Wells 1 member Jim Wiggin Planning Board, Wells 1 member Mort Mather Wells Conservation Commission 1 member Owen Grumbling Maine Organic Farmers and Gardners Assoc. 1 member Tim Smith Drakes Island Association 1 member Ed Nesky Marine Educators 1 member Alan Young Local Landowners 1 member Mary Kline State Planning Office 1 member David Keeley Department of Conservation Bureau of Parks and Recreation 1 member Herb Hartman Department of Inland Fisheries & Wildlife 1 member Phillip Bozenhard Department of Marine Resources 1 member Brad Sterl U.S. Fish and Wildlife Service 1 member Al Zelley (Maury Mills) College Educators 1 member Tom Lee Wells Chamber of Commerce 1 member Joseph Carleton Secondary School Educators 1 member Margaret Vose Parsons Beach Association 1 member Helen Rivas Maine Audubon Society 1 member Leslie Van Cott National Oceanic & Atmospheric Administration 1 member Nancy Foster (ex-offico) ----------- 18 members 109 I I 1 0 I I I I I I I I I* I I : I I I V I APPENDIX 9 1 REsEARcH FAcILITIES AND EQuipmENT 1 0 I Basic Research Facilities & Equipment include: 1. Wet Laborato;7 refrigerator 2 or 3 constant temperature incubator . chambers drying oven desk lights aquaria Ani supplies water carboys' a set of sediment sieves 2. D!Z Laboratory & Office two light microscopes* lab manuals, etc. three or four dissecting micro- typewriters 3COP03 desk lights basic library of taxonomic keys Stockroom Assorted gla3`3vare Hache kits dissecting tools chemicals thermometers 4. Storage Shed Plankton nets a sixteen foot flat-bottomed motors (salinity, ph, boat dissolved oxygen, current) a canoe 110 I I I I I I %. I I I I I* I I I I N I I I APPENwx 10 REsEARcH & b"TioNAL INsTiTLrrim 0 I - I There ar a variety of research and educational organizations that are encouraged to use the Sanctuary. These include: Agencies & Organizations a) Federal Sea Grant Program National Oceanic & Atmospheric Administration Fish & Wildlife Service b) State of Maine State Flaming Office: Critical Areas Program Department of Marine Resources Department of Conservation Department of Inland Fisheries & Wildlife c) Town of Wells d Maine Audubon e) The Natural Resources Council of Maine f) The Nature Conservancy g) Gulf of Maine h) New England Estuarine Research Society i) Maine Organic Farmers & Growers Association j) Stone Environmental School k) National Science Foundation 1) Colleges - University of Southern Maine University of Maine at Orono Darling Center University of New Hampshire Schools Marine Laboratory New England University Bates Bowdoin Harvard Cornell Dartmouth Boston University Boston College Massachusetts Institute of Technology New England College m) Institutions - Maine Biological laboratories Bigelow laboratory I I I I I I I I I I I* I I I I I x I I APPENDix U 1 '0 EwcATioN AND RESEARCH &JBC"17ME I The Education and Research Subcommittee of the Sanctuary Advisory Board is composed of eighteen individuals representing diverse educational and research interests.- Committee Members Educational/Research Interest Tom Iee - Chairman Botanist/Instructor Susan Anghinetti Environmental Instructor Jim Armstrong Retired College President Garrett Clough Marine Biologist Richard D'Abate Retired Past College Vice-President Will Elwell Director of Museum Ken Pink Geologist Owen Grumbling College Professor Lily Kendall Marine Docent Robert Knights Environmental Instructor Saul Lindauer Environmental instructor Berine McAlice Marine Biologist Gale McCullough Seal Researcher Maury Mills Refuge Manager Tin Smith Marine Biologist Barbara Stasio Teacher Leslie Van Cott Education Director, Maine Audubon Alan Young Research Biologist 112 = = - m = = m = = = I = M @ @ @ 0 t I "-*;;o ;9 rn -0 " (1) -0 m E 0 -12 x 9-0 1;3 p 10 Reseazch Propceals: :nformation Requirements All researchers interested in performing research in the Wells National staiarine Sanctuary will provide the following information to the Sanctuary Manager. 1. General Information a@ Title of Project b Name of principal investigator and Agency/organization affiliation 0) Names of persons performing research d) Funding agency, address and contact person in agency e) Duration of project 2. Project Data a) Research project objectives and relationship to Sanctuary objectives b@ Project methods, materials and equipment a On-site storage requirementa and7or laboratory needs d) Special access requirements (eg. 4-wheel drive, boat etc.) e Visual impact of the project on the surrounding area f Project impact on soils, bedrock, hydrological processes 9 Addition of chemicals or radioactive materials to the environment. Using a suitable map, indicate the areas within the Sanctuary to be used for the investigation. Give dimensions of study plot(s) in a sketch. If specific sites are not yet determined, please provide a description of the types of areas you will investigate. A map of specific sites must be submitted to the Sanctuary Manager prior to undertaking the proposed research. 113 I I I I 1 0 1 I I I I* I I I I I N I APPENDix 13 I SMPLE RESEAROq PMIT 0 I I Richard Wallingford SA14PLE RESEARCH PERMIT University of Arkansas Botany Department Nowhere, Arkansas Dear Richard, On May 12, 1984 the Wells National Estuarine Sanctuary completed its review of your proposal entitled Estuarine Plant Response to Sea Level Rise. We have approved your proposal, based on the findings described below, provided you adhere to the conditions 9tated in this letter* Findings 1. The proposed research actvitie3 further the goals of the Wells National Estuarine Sanctuary (WNES) - to better understand the dynamics of the estuarine area. 2. This proposal will be performed in the wetland/transitional area of the Sanctuary encompassing the Wildlife Refuge and the Town of Wells property. Each party is agreeable to the proposal. 3. The proposal is compatible with the wetland management objectives described in the Sanctuary Management Plan. In particular, the objectives encourage the use of these areas as natural field laboratories for research purposes. 4. The request to use the Sanctuary laboratory on Monday's, Wednesday's, and Friday's between 8:00 A.M. and 5:00 P.M. is Consistent with the research objectives of the Sanctuary. Conditions 1. You will perform the research project as described in the attached research proposal form and supplemental materials you submitted to the WNES. Any deviations must--be. reported to the Sanctuary Manager and approved before the activity may commence. 2. Research activities must conform to all local, State and federal laws.. 3. The WNES is not responsible for any research projects that are adversely affected by natural or man-made events. N 4. The WNES may terminate the research project, with seven days notice, if it determines the research activity is harmful to Sanctuary resources. Please consider this letter an your permit, provided you agree to the stated conditiona. Should you have any questions, please lot me know. Sincerely, Sanctuary Manager 4 114 WeUs ':?ationai Est@ine Sancta@ Use Permit Date: Permittee: Address: Affiliation: Period of Use: From To Purpose/Objective: Description of Use: Special Conditions: This permit, and all attachmentst is issued by the Wells Estuarine Sa.nctuary and is accepted by the permittee. Permitee: Date: State Park Mansor Date: Refuge I%ruW r Date: Sanctuary Manaeor Date: 115 I I 0 I I I I I I I I 0 0 I I I I I lk I I I APT@IX 14 io MATioNAL EsTuARiNE Sm@@y PRomm REajLATioNs I Wednesday June '17, 1984 Part IV '111 Depa'rtment of Commerce National Oceanic and Atmospheric Administration 15 CFR Part 921. National Estuarine Sanctuary Program Regulations; Final Rule ------- W4 IL -U6- 28302 Federal Register / Vol. 49. No. 123 / Wednesday, June 27. 1984 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 921 (Docket No. 40315-30) National Estuarine Sanctuary Program Regulations AGENCY: Office of Ocean and Coastal Resource Management (OCRM), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Commerce. Action: Final rule. Summary: These final regulations revise existing procedures for selecting and designating national estuarine sanctuaries and provide guidance for their long-term management. Site dentification and selection is to be based on a revised biogeographic classification scheme and typology of estuarine areas. The regulations place a greater emphasis or management planning by individual states early in the process of evaluating a potential site. The regulations reflect a progression from the initial identification of a site, through the designation process, and continued management of the sanctuary by the state after Federal financial assistance as ended. The regulations provide for regular programmatic evaluations of sanctuary performance. Clarifications in the financial assistance application and award process have also been made. EFFECTIVE DATE: These regulations are effective Friday, October 3, 1984. This delayed effective date will allow sufficient time for the Congress to enact legislation pertaining to the conduct of the National Estuarine Sanctuary Program if it chooses to do so. If necessary, the effective date of these regulations will be postponed, and a notice thereof published in the Federal Register, in compliance with the notice provisions contained in section 12 of the Coastal Zone Management Act, 16 U.S.C. 1463a. FOR FURTHER INFORMATION CONTACT: Dr. Nancy Foster, Chief Sanctuary Programs Division. Office of Ocean and Coastal Resource Management, NOAA/NOs. 3300 Whitehaven St., NW Washington, D.C. 20235, (202) 634-4238. SUPPLEMENTARY INFORMATION: L Authority This notice of final rulemaking is issued under the authority of Section 315(1) of the Coastal Zone Management Act. 10 U.S. 1461(1). The National Estuarine Sanctuary Program has been operating under guidelines published June 4, 1974 (39 FR 19922) and proposed regulations published September 9, 1977 (42 FR 45522). II. General Background On August 3, 1983 (48 FR 35120), NOAA published proposed regulations for continued implementation of the National Esturine Sanctuary Program pursuant to Section 315 of the Coastal Zone Management Act 16 U.S.C. 1481, (the Act). Written comments on the proposed regulations were accepted until October 3, 1983. These comments have been considered in preparing these final regulations. A summary of significant comments on the proposed regulations and NOAA's responses are presented below. The final regulations establish the Program's Mission and Goals and revise the procedures for selecting, designating, and operating national estuarine sanctuaries. III. Refinements to the Regulations for the National Estuarine Sanctuary Program Based on experience in operating the Program and comments on the proposed regulations, a number of refinements in operational procedure and policy have been designed. The final regulations implement these refinements, which include. A. Defining the Mission and Goals of the Program The Mission Statement and Goals for the continued implementation of the National Estuarine Sanctuary Program stress the importance of designating estuarine area, through Federal-state cooperative efforts, for long-term research and educatinal benefits. Though broad in scope, they establish a framework within which specific. Program activities are conducted. The Mission Statement and Goals are adopted by the final regulations (921.1). B. Revision of the Procedures for Selecting, Designating and Operating Estuarine Sanctuaries (1) Revision of the Biogeographic Classification Scheme and Proposed Estuarine Typologies The 1974 guidelines identified 11 biogeographic regions from which representative sites throughout the coastal waters of the United States would be chosen. Section 921.4(b) of the 1974 guidelines provided that "varous sub-categories will be developed and utilized as appropriate." In 1981, a study was undertaken to assess the original biogeographic clasification scheme and make recommendations, as necessary. A system with 27 subcategories was proposed. The subcategories fit within the original scheme and further define the coastal areas to assure adequate sanctuary representation (Clark, Assessing the National Estuarine Sanctuary Program; Action Summary, March 1982, cited as The Clark Report). The Clark Report also recommends consideration of an estuarine typology in evaluating and selecting sites. The typology system recognizes tha tthere are significant differences in estuary characteristics not related to regional location. Such factors include water source, water depth, type of circulation, inlet dynamics, basin configuration, watershed bype, and dominant ecological community. The final regulations adopt the revised biogeographic classification scheme and the recommendation to consider typology in site selectin (see 921.3). (2) Site Designation Eligible states may apply for prescquisition awards to aid in selecting an estuarine site in conformity with the classification scheme and typology system. A description of the site selection process to be carried out by the state, including a provision for public participation in the process, must be submitted for NOAA's approval. This ensures that the procedures for the site selection process are planned prior to implementing the selection process and approval of the prescquisition award. Figure 1 depicts the entire designaiton process. After selection of a site, a draft management plan is prepared. Requiring the devlopment of a comprehensive draft management plan in the preacquisition phase is designed to guarantee that early in the estuarine sanctuary designation process the state considers management policies, an acquisition and construction plan (including schedules and priorities), staffing requirements, a research component, interpretive and education plans, future funding and other resource requirements, and alternatives. Draft and final environmental impact statements (EIS) ar prepared analyzing the environmental and socioeconomic June 27, 1964 / Rules and Regulations 28503 impacts of establishing a sanctuary and implementing the draft management plan. The EIS is prepared in accordance with National Environmental Policy Act (NEPA) procedures, including provisions for public comment and hearings. Following NOAA approval of the draft management plan and the final EIS, the site enters an initial acquisition and development phase. The state is then eligible for an initial acquisition and development award. During this phase, award funds may be used to purchase land, construct minor facilities (subject to pre-designation construction policies see 921.21), prepare the final management plan, and initiate onsite research and education programs. All of these tasks are to be carried out in conformance with the NOAA-approved draft management plan. BILLING CODE 3610-08-15 26504 Federal Register I Vol. 49. No. 125 1 vVednesday, June 27,1964 1 Rules and RegWations -------------- igure 1. National Est;,arine Sanctuary Uesignation PrQ(-tss AWARD STAGE PUBLIC INPUT epreacquisition Site Selection Public Meeting Award 921.11) on Site(s) Approval of Site by NOAA. 921.11) v Development of Public Meeting; Draft Management Plan ana Public Hearing on Draft EIS the Draft EIS 921.12) N UAA Approval of Oraft Management Plan 921.12) v Uevelopment of Final EIS Final EIS (4 921.12) % Initial Acquisition Preparation of Public Meeting and level opment Final Management Plan; on Final Plan Awards Acquisition of Key Land and Water Areas; Minor Construction 921.21) v Final Management Plan Approved by NLAA; other Findings 921.30) v Sanctuary Designation Operation and Implementation of Management Award; Final Management Plan; Subsequent Acquisition Acquisition of Remaining Land; snd Development Award; construction Potential Research 921.32) Awards .1 - - - - v * . . Programmatic Evaluation Public '921.34) on Evaluation SLUM COOK N*4&4 7 7 Federal Register / VOL 40 No. 125 / Wednesday June 27, 1984 / Rules and Regulations 26505 The task under the intial acquisition regulations ensure that a state will have by the states. in conjunction with and development phase should be adequate flexibility in long-term NOAA are mandated by these completed within two years. At this operation of an esturine sanctuary to regulations as an integral part of site point. NOAA must make formal deal with changing circumstances. The selection, designation, and management. findings, as specified 921.30, that the regulations require more information The Program's purpose is to establish final management plan has been about the sanctuary, particularly selected estuarine areas as sanctuaries completed and is approved, that the key through the development of a site- to serve as natural field laboratories and land and water uses as specified in the specific management plan, prior to each provide opportunities for long-term management plan are under state step in the funding process. In this research, education, and interpretation. control, and that a memorandum of manner, it is expected that decisions Because of this, the present and future understanding between the state and affecting the sanctuary and management uses of such an area are certainly an NOAA concerning the state's long-term priorities will be planned for In advance, important factor in considering whether commitment to the sanctuary has been rather than in an ad hoc fashion. it should be a national estuarine signed. After NOAA makes these IV. Summary of Significant Comments sanctuary. findings, the sanctuary is considered "designated". The state than begins on the Proposed Regulations and It is also important to emphasize that implementation of the final management NOAA's Responses the Program does not involve broad plan, including the construction of Comments were received from 17 scale regulation on land uses apart from necessary facilities and additional land sources. Commenters included Federal that already undertaken by the state or acquisition. The state is also eligible for and state agencies, representatives of proposed by the state under its own operation and management awards to the oil and gas industry, representatives applicable authorities. Multiple use of provide assistance in implementing the of the electric utility industry, and national estuarine sanctuaries is final management plan. environmental and public interest encouraged (see 921.1(d)). Resource The regulations also provide groups. All comments received are on protection is, however, the highest procedures for the programmatic file at the Sanctuary Programs Division. priority goal of the National Estuarine evaluation of a sanctuary during the Office of Ocean and Coastal Resource Sanctuary Program and uses must be period of the operation and management Management, 2001 Wisconsin Avenue, compatible with long-term resource awards (or under the initial acquisition NW, Room 334 Washington, D.C. 20235. protection. Within national estuarine and development award if the sanctuary The comments are available for review sanctuaries, states may impose certain is not designated within two years) and at that office. Each of the major issues regulatory controls to ensure the for a continuing, biennial review of an raised by the commenters has been continued protection of sanctuary estuarine sanctuary after Federal summarized and NOAA's response resources. Areas proposed for funding has expired. Procedures for provided under the relevant subheading designation are evaluated through the withdrawing designation, if a sanctuary in this section. EIS process with opportunities for public fails to meet established standards, comment. have been added (921.35). General Secton-by-Section Analysis To foster scientific studies within Impact on Existing Sanctuaries national estuarine sanctuaries. NOAA is Subpart A-General setting aside funds for research within One commenter suggested that that the sites with approved final management final regulations indicate the impact of Section 921.1--Mission and Goals. plans. This is a separate category of the changes on existing sanctuaries. (1) Several commenters supported the financial assistance from the operation Response: The changes in procedure Program Mission and Goals and found and management or acquisition and reflected in these regulations will them to be a substantial improvement development support. The research improve the Program's operation and the over the 1974 guidelines and 1977 funding is described in Subpart E. effective implementation of national proposed regulations. Financial assistance requirements and estuarine sanctuaries over time. They Response: The Mission and Goals procedures have been revised. The will therefore be applied to existing were established to guide continued programmatic information required for sanctuaries to the degree practicable. effective implementation of the National each type of award is specified in the Public Participation Estuarine Sanctuary Program. Program appropriate sections--in preacquisition experience over the past several years (Subpart B); acquisition and Because of the potential Impacts led to the development of refinements development (Subpart C); and operation resulting from the area being designated designed to improve the original and management ( 921.32). General as a national estuarine sanctuary, one financial assistance information is commenter noted that the maximum guidelines. provided in Subpart F. opportunity for the participation of The concept of a nationial estuarine In summary, the regulations include interested persons should be provided. sanctuary does not easily merge with more standards and guidelines for states The commenter encouraged NOAA to that of existing natural resource ensure that states comply with the protection programs, such as wildlife to follow in developing and operating a national estuarine sanctuary, as well conditions of $921.11(d) and 921.12(d). refuges or parks. National estuarine as additional guidelines for NOAA in The commenter recommended that a sanctuaries are designed to ensure overseeing the Program Based on careful review of all established and protection of a natural habitat unit in experience and from discussions with potential industrial activities be which long-term research and several states with estuarine undertaken to ensure a well-balanced educational projects can be focused. A decision on the site's suitability for primary aim of these research and sanctuaries. NOAA has found that the designation as a national estuarine education projects is to provide previous lack of guidance raised many information to states that is useful for concerns about what an estuarine sanctuary. decisionmaking concerning the sanctuary should be, the state's role in Response: N0AA agrees with the developing and operating a sanctuary, comment on the importance of public development or protection of its coast and how decisions should be made. The participation.Public participation efforts and associated resources. 26506 Federal Register / Vol. 49, No. 123 Wednesday, June 27, 1984 / Rules and Regulations National estuarine sanctuaries are not NOAA disagrees with the commenter on owned by a state or conservation group. established primarily for recreational Goal 4. The purpose of the goal is to In this way actual ownership would not pursuits, although compatible uses are ensure the protection of selected be as important as the site's value to the encouraged. Sanctuaries are also not estuarine areas. Federal/state Program. intended solely to enhance habitat for a cooperative efforts to ensure such Response: NOAA believes that the gle species by modification of the protection are emphasized: the Federal inclusion of representatives of all natural character of the estuarine role encompasses more then grants-in- national estuarine variations would be system. aid, but includes continuing evaluation impracticable from a management The final regulations, including the and coordination of research and perspective. It should be noted that Mission and Goals, are designed to education to ensure that the sites remain control of estuarine land and water clarify the definition and function of a as natural field laboratories consistent areas is only one facet in sanctuary national estuarine sanctuary. with the legislative intent. designation. Properties already owned (2) Another commenter, however, NOAA has based these revised by, the state at a conservation group suggested that the section on Mission regulations on the Act and its legislative may not comprise a natural unit or have and Goals, which replaced the "Policy history. Through experience with the the research and educational foundation and Objectives" section of the 1974 Program, NOAA has made certain required by the Program Such areas are guidelines, expands the scope of the refinements to the process: In fact, by already in a protected status and are Program in ways not originally intended. explicitly providing for Section 312 available for research and educational The commenter suggested that Goal 2 evaluations (as required by the Coastal purposes along with those regional (concerning research) was adequate, Zone Management Act) as seeking to representatives comprising the National and that the other three should be coordinate research and education from Estuarine Sanctuary system. Adding deleted. The commenter suggested that the national level, the Program has made these sites to the Program may not serve the first goal, concerning long-term significant strides to fulfill the beneficial purposes. Thus, while the management planning, should be left to Congressional intent (see 921.1(c) biogeographic classification scheme sets the National Marine Sanctuary Program and 921.34). the initial parameters within which or state coastal zone programs. The (3) One reviewer felt that the idea of detailed site selection and analysis is commenter further suggested that the coordinating research and education focused, it should not be considered third goal, involving enhancement of information expressed in 921.1(c) was alone. Many other factors must be public awareness through interpretation, a good idea, but should be carefully considered. should also be dropped even though it thought out and developed in Within regions without an estuarine was recognized that such interpretive coordination with individual states. sanctuary. however. the non-acquisition efforts often stem from scientific Response: NOAA is now in the alternatives suggested by the research. Finally, the commenter process of developing a detailed plan for commenter will be utilized to the suggested that the fourth goal, involving coordinating research and education. greatest degree possible. stimulating Federal-state cooperation to Comments from states and other (3) Another commenter was promote the management of estuarine interested groups are being actively concerned that implementation of the areas should be dropped since it solicited in preparing this plan. biogeographic classification scheme on the basis of on* site per moon would gedly provides the Federal (4) Several commenters strongly governnment with more authority than supported the concept in 921.1(d) of lead to too many estuarine sanctuaries. needed. The commenter supports this encouraging multiple use of estuarine Response: As detailed In the Clerk view by citing legislative history to sanctuaries. One of the same Report. the classification scheme and assert that the Act "authorizes Federal commenters also supported the grants-in-aid, but makes no attempt to statement in Section 921.11(c)(3) that the estuarine typology are designed to diminish State authority through Federal site selection process consider "the provide the Program with an ahoy of preemption." site's compatibility with existing and sanctuaries broadly reflective of our The same commenter generally potential land and water use in Nation's estuarine zones. Only With this questions the need for the National contiguous areas." diversity of sit" can the Program Estuarine Sanctuary Program and need Response: NOAA is strongly produce beneficial research and for revisions to the existing program. committed to the concept of multiple use educational projects useful in coastal The commenter encouraged NOAA to in estuarine sanctuaries as long as the decision making. There are presently 24 examine the legal and scientific bases purposes for which the sanctuary is biogeographic regions represented In the for the estuarine sanctuary program and established are maintained. Therefore it system. to ensure that the regulations conform to is important that site selection efforts (4) Another commenter stated that by the intended goals of the Coastal Zone closely analyze existing and potential Including 27 regions. and providing for Management Act. uses of the area and adjacent areas. one site per region. NOAA has extended Response: The Mission and Goals Section 921.3--Biogeographic the Program in an unwarranted manner. described in Section 921.1 are in no way Classification Scheme. (1) One state The commenter recommended instead an expansion of the Program. Rather requested that the goal of one site per that NOAA use the classification they reflect the legislative history and a region be revised to allow for more sites whom@ in the Program Development synthesis of the Program's past. per region based an the estuarine Plan for the National Marine Sanctuary experience and need for basic policy typology system. The commenter noted Program which relied on eight regions guidance. Goals 2 and 3 are both valid; that only by including several sites per Response: Estuarine sanctuaries, in since both education and interpretive region could all significant national order to be benefical for long-term efforts are natural outgrowths of variation be included. The commenter research and educational purposes. science. The first goal, involving suggested that outright acquisition was should reflect the Nation's coastal Area& management planning, represents a not always necessary. The alternative The biogeographic classification scheme logical mechanism for achieving suggested was to incorporate into the and estuarine typologies were Program purposes with maximum utility National Estuarine Sanctuary Program developed from this premise as and minimum amount of waste. those sites,as appropriate. that are demonstrated In The Clark Report. In Federal REgister Vol. 49. No. 125 Wednesday, 27, 1964 Rules and Regulations 26507 identifying sites for potential marine appropriately occur during the EIS a significant Federal action for the sanctuary status. eight regions were process but the commenter suggested purposes of the NEPA EIS requirement. used. but for administrative purposes that states may wish to involve Federal (3) One commenter noted that since rather than representativeness. On top agencies with special expertise earlier resource protection is a primary of this scheme. a detailed marine during the site selection process. program goal. the regulations should classification scheme, developed solely Response: The regulations require that specify that the plan detail for marine areas and illustrative of the states seek the views of Federal responsibilites for surveillance and Nation's oceans. was applied. As a agencies as well as other parties early In enforcement of human activities. result of this process," twenty-nine sites the site selectionn process (see Response: NOAA agrees and the were #elected by NOAA far placement I I 921.11(d) and 921.12(a)(3). Federal regulations (at I 921.12(b)(8)] have been an the Site Evaluation List (see 48 FR agencies will also be actively involved revised to require that responsibilities 35568 (1963) in the management plannning process for surveillance and enforcement be Section 921.4(b)--Coordination With and EIS development (see 921.12(d) detailed in the management plan. the National Marine Sanctuary and (a). (4) One commenter questioned the Program. One commenter was Section 921.11--Site Selection. (1) usefulness of the NOAA-state concerned about the possible Several status suggested that the memorandum of understanding (MOU), duplication of time and effort if an area regulations address multiple-site which Is required as part of the is established as an estuarine sanctuary national estuarine sanctuaries. management plan (see 921.12(a)(5) and a marine sanctuary. Its commenter Response: Section 921.10(b) has been and (b)(10)). The commenter suggested requested that NOAA address the revised to specifically reference that the MOU could not be considered possibility of a dual designation and multiple-site systems within the legally binding on future legislatures. means by which both programs Could National Estuarine Sanctuary Program. Response: The MOU emphasizes the coexist without generating serious (2) One commenter urged early and significance of establishing an estuarine problems. frequent public involvement in the sanctuary and recognition by the state Response: Section 921.4(b) Is intended designation and management of national and Federal government of the long-term only to ensure that the National estuarine sanctuaries. It was suggested commitment to management of the area Estuarine Sanctuary Program and that where the proposed regulations In accordance with the agreed-upon National Marine Sanctuary Program and limit notice to the local media (for goals and objectives The MOU spells work closely together. this is example In 921.11(d) concerning out at the beginning of the process, the particularly true in terms of preliminary site selection), notice should roles of the Federal and state management planning. research also be made in the Federal Register governments, and what Is expected of projects. and education/interpretive since not all parties interested In the each party. it will clearly indicate that activities. It in also Important to note proposed designation live In the each party Is aware of Its commitment that the Programs are so( duplicative and could serve complementary adjacent area and the Program has a and responsibilities at the beginning of broad national interest. the process. no MOU emphasizes purposes. The regulations have been . Response: This change has been made lands acquired under the National clarified to provide that the boundaries (see 921.11 (d)] Estuarine Sanctuary Program must of the national marine and estuarine Section 921.12--Management Plan continue to be used In a manner sanctuaries would not overlap, even Devlopment.(1) One state noted that consistent with sanctuary Purposes. though they may be adjacent (similar to I 921.12(b). concerning management (3) Several states approved requiring the case when a National Wildlife plan development. should Include a the management Plan early in the Refuge abuts a National Park). description of the sanctuary process as a guide to future decisions Subpart B-Preacquisition: Site administrative structure as a required before the expenditure of substantial Selection and Management Plan plan component. It was suggested that funds. Other commenters- however. Development the plan should at least outline the expressed concern that requiring the Section 921.10--General (1) One state staffs roles for research. education/ preparation of a draft management plan suggested that the 50,000 Federal sham interpretation, and enforcement. prior to any commitment to the site from was not enough to accomplish the goals Response: NOAA agrees and NOAA could lead to the waste of of the preacquisition award (eg. site language to this effect has been added extensive staff time. public selection and draft managment plan at I 921.12(b)(2). Participation. and resources development) and recommended that a (2) One state suggested that an Response: These regulations are small sum be set aside for site selection. environmental impact statement not be predicated upon ten years of experience and that other funds to prepare the draft required in all, cases. Rather. In less in administering the National Estuarine plan be negotiated between the state complex Situations the flexibility to Sanctuary Program. The regulations are and the Federal government based on prepare an environmental assessment intended to rectify many of the problems should be left open. that have occurred In specific. the proposed sanctuary's complexity should be left open. sanctuaries in the past. Many of these Response: Based an past experience, Response: NOAA disagrees. Based on problems could have been forseen and the 50,000 Federal fundind level experience with the program, an overcome by thoughtful. pre-sanctuary supplemented by state match, is environmental assessment is not an adequate for site selection and draft - adequate mechanism to fully consider planning. Thus. NOAA is strongly plan development. Additional funds to the environmental and socioeconomic supportive of developing a management complete the final plan are available impacts of a proposed national estuarine plan early in the decision process. The under the acquisition and development sanctuary. particularly where a concern that NOAA Is not committed to award (see 921.21). Management program is being proposed the state during the the draft management (2) One commentar sugqested that Further, it does not provide far the plan process is unwarranted given the procedues specified In the regulations. specific referaneto the need for extensive public review required Federal agency coordination be included through the NEPA process, We believe NOAA's financial commitment begins In Subpart B. Such coordination could that designation of any site qualifies as with the preacquisition award for site MOO Federal Register/ Vol 49. No. 125 Wednesday June 27. 1984 / Rules and Regulations selection and continues through all the large captial expenditures until a final gauge the effectiveness of the development and states: NOAA may plan is prepared and substantial sanctuary's program. support up to one-half of the total costs progress in land acquisition has been (2)The same commenter as in (1) also of establishing a particular sancuary. made. questioned the value of a program NOAA's programmatic commitment to a Section 921.32--0peration and evaluation after Federal fund expires. proposed sanctuary begins with Management: Implementation of the Response: The required evaluations approval of a site and contines through Management Plan. (1) One state will ensure that sanctuary objectives, as the managment plan review and suggested the $250,000 cap on federal specified in the management plan, are preparation of the EIS. If the sanctuary funding for operation and management still being attained and that proposted proposal is approved and if the in Section 921.32(b) should be modified boundary changes and amendments to requirements of the preacquisition phase to provide for additional funds based on the management plan can be reviewed. are met, NOAA will proceed with need. The evaluations will ensure that the establishing the site as a national Response: The Program is designed to purposes fo which the sanctuary was estuarine sanctuary. assist states in establishing estuarine established continue to be met and that Decision points early in the process sanctuaries. Funds are provided for an the site meets the criteria of the national provided opportunities for either party to initial period of implementation: system. withdraw before too much time and thereafter the states must Assume After Federal funding expires, the effort have been committed. responsibility for contined operation. state is required to submit an annual (6)In terms of 921.12(b)(7), one Section 921.33--Boundary Changes report on the sanctuary. The report will commenter suggested that the schedule and Amendments to the Management detail program successes and for acquisition. required as part of the Plan (1) Several states requested that accomplishments in implementing the management plan. was useful as a this section be modified to apply only to policies and activities described in the guide, but not as a rigid planning laws specifically applicable to the sanctuary managment plan. The report document. sanctuary, and not general also should propose a work plan for the Response: NOAA views the environmental quality laws such as for next year sanctuary operations and acquisition strategy as a flexible air and water. describe the state's role in ongoing planning tool. It does, however, identify Response: Section 921.33 has been sanctuary programs. Inadequate annual key ares where acquisitions should be clarified to reflect this point. reports will trigger a full-scale focused and acquisitions priorities (2) One commenter recommended that evaluation with a site-visit. In addition, developed. The strategy will also public notice and opportunity to on a periodic basis. NOAA will also contain alternatives (including boundary comment be provided in all cases where conduct a full-scale Section 312 changes) if selected priority areas boundaries are changed or management evaluation with a site visit. eventually cannot be acquired. plans are amended under 921.33. Section 921.35--Withdrawal of (7) One commenter suggested that the Response: The proposed regulations Designation. (1) Several reviewers requirements for the draft management provide that if NOAA determines it is suggested that the section on the plan should reference three additional necessary, public notice and an withdrawal of designation be modified comments, all of which were included in opportunity for comment on boundary to allow the applicable state to the 1974 guidelines: (1) Definitions of changes and changes to the final participate in decisions regarding the permitted, compatible, restricted and management plan will be provided. disposition of property. prohibited uses: (2) a monitoring plan to Major changes do require public notice Response: The state will of course be ensure that the integrity of the sanctuary and opportunity for comment and in consulted by NOAA in any decision is maintained; and (3) a description of certain cases, preparation of an regarding property disposition which the authorities which will be put in environmental assessment. Thus, the will be carried out according to place to manage the Sanctuary and clear intent of these regulations is to Attachment N of OMB Circular A-102, enforce the policy and use restrictions. provide for public notice where Revised, and these regulations. Response: A resource protection plan applicable. There may, however, be (2) Several reviewers questioned in requirement has been added (see times where changes to the management the event of withdrawal of sanctuary 921.12(b)(8)) which encompasses plan are minor and will not require such designation the method of disposal for elements (1) and (3). A monitoring plan notice. property held in less-than-fee simple or should be included as part of the Section 921.34---Program Evaluation controlled by a lease. research plan (see 921.12(b)(3)). (1) One commenter specifically Response: Section 921.21(e) [which questioned the value of Section 312-type was 921.35(e) in the proposed Subpart C---Development and evalutations of sanctuary performance regulations] which would be followed to the Preparation of the Final Management the commenter stated that performance extent it applies. Leasehold and other Plan reports, which are required as a real property interests purchased in Section 921.21---Initial Acquisition condition of the financial award, are whole or in part with Federal funds are and Development Awards (1) One state adequate for NOAA's purposes. subject in the provisions of Attachment noted that the limit of 5 percent of the Response: Perfomances reports are of N. OMB Circular A-102 Revised. initial acquisition and development course helpful. But such reports do not (3) Another state requested that the awards which may be expended on address the specific range and depth of deed language be rewritten so that a minor construction activities which aid issues needed to assess the state would be 'entitled to retain title to in implementing portions of the effectiveness of sanctuary operation and property which the state determines is management plan may not be adequate opportunities for improvement. In no longer needed for grant purposes, so for multiple-site systems. addition during an evaluation. long as the property is used for other Response: After careful consideration. individuals or groups that are, or should purposes approved by NOAA as-being NOAA has determined that necessary be involved in sanctuary management consistent with the sanctuary program.' construction can be planned for and or are affected by the sancutary are Response: When property purchased included as part of the initial award contacted. This provides NOAA with in fee simple or less-than-fee simple is intend of this restriction is to limit valuable feedback that is necessary to Federal Register / VoL. 49 No. 125 / Wednesday. June 27, 1984 / Rules and Regulations 26509 no longer used for the purposes of the Subpart F-General Financial wa is somewhat arid. It was suggested that National Estuarine Sanctuary Program. Assistance Provisions the circumneutral range should be 6.5 NOAA is required to dispose of the property according to the Provisions of (1) One state criticized the exclusion rather than 55.5. Attachment N. OMB Circular A-102, of land as state match for the operation Response: For the reasons indicated Revised. The provisions are and management awards. The state the above response we decided to essentially the same as stated in found such an exclusion to been undue continue with the proposed system. 921.21 (e) of the final regulations. constraint upon management and (3) Another reviewer stated that in (4) One commentar suggested that operation alternatives available to Group II-Transition Areas, the specific criteria and an appeals states. description of coastal marshes and Responses: In order to maximize the coastal Mangroves as the only coastal procedure (including public notice of the proposed withdrawal of designation) be support provided to a sanctuary during wetland transition areas is too narrow. added to the regulations. its early years, NOAA has precluded Other wetland areas (Marshes, Swamps. Responses: As specified in 921.34 land as match for the operation and bogs) should be included. management award. To a reasonable Response: A new subtitle "Coastal and 921.35 NOAA's continuing degrees. state match should relate to the Marshes and Swamps" has been added. evaluation of sanctuary performance purpose of the particular award. Since (4) Another commenter stated that the will examine the state's performance In the purpose of the operation and typology did not appear to contain upholding the mandate of Section 315 of management award is to provide for the criteria which adequately describe a the Act. the national Program goals, and sanctuary's operation and Great Lakes-type site. the policies established In the implementation of the management Response: Great Lakes areas can fan management plan. Specific criteria to plan, the use of land as match Is under Class M Group LB (Basin judge these factors cannot be inappropriate. particularly since land Structure); LC (Wet Type); lD. (Bottom enumerated, but will be examined on a acquisition should be well underway Composition), Group ILA (Circulation); case-by-case basis. Section 921.35 spells prior to the state's receiving an ILC (Freshwater): and Group 111- out a procedure for withdrawal of operation and management award. The Chemical. designation. including an appeal to the allowable categories of match (see Assistant Administrator for Ocean 921.51(e)} provide the state with V. Other Actions Associated With the Services and Coastal Zone sufficient flexibility. Proposed Rulemaking Management (5) a state questioned who would Appendix 2-Estuarine Typology (A) Classification Under Executive decide the "current fair market value" of (1) One reviewer stated that In Group Order 12291 lands slated for withdrawal of III-Chemical, the proposed salinity NOAA has concluded that these designation In I 921.35(e)(i) [now limits were particularly confusing. The regulations are not major because they I It was recommended that reviewer noted that a salinity zone of 10 will not result in: an arbitration system of three ppt to 20 ppt Is very important because (1) An annual effect on the economy independent appraisers or comparable numerous estuaries possess waters In of $100 million or more; system be established. this salinity range. but the proposed (2)A major Increase in costs or price Response. Fair market value would be polyhaline zone Is too broad to describe for consumers. Individual industries, Cal determined by an Independent appraiser or this. The reviewer included the Federal, state or local government (e.g. certified real property appraiser or following table of salinity ranges from GSA representatives) and certified by a Introduction to Marine Biology by agencies, or geographic regions: or responsible official of the state, as (3) Significant adverse effects on provided by Attachment F of OMB Mosby: competition. employment. investment. Circular A-102. Revised. productivity. innovation or an the ability of United States-based enterprises to Subpart E-Research Funds compete with foreign-based enterprises (1) Several reviewerers suggested that in domestic or export markets. research funds be offered on a 200 final rules amend existing percent Federal bases, ie. without a procedures for selecting and processing state match requirement. potential national estuarine sanctuaries Response Section 315 of the Coastal in accordance with a revised Zone Management Act requires that all biogeographic classification scheme and funds to coastal states for national estuarine typologies. These rules estuarine sanctuary purposes be establish a revised process far Provided an a fifty-fifty matching basis. Response: Polyhaline should be 30 ppt establish a revised designating and managing (2) Other commenters suggested that to 18 ppt; the "S" was a typographical national estuarine sanctuaries. They will funding limits and the total research error. NOAA considered the information not result in any direct economic or budget be discussed In the regulations. environmental effect nor will they lead provided. but has decided to continue to Reponses Funding limits and the total use the proposed salinity ranges which to any major indirect economic or- Federal funds for research In national are from Ecology of Inland Waters and environmental effect nor will they lead estuarine sanctuaries will vary from Estuaries (raid and Wood, 1976). This is to any major indirect economic or year-to-year; thus. these figures are not the standard limnology test used In environmental impacts. included in the final regulations. NOAA college. The table used as an example is (B) Regulatory Flexibility Act Analysis will, however, distribute information from a 1933 paper; the salinity table The General Counsel of the about the relative funding limits and used in the typology is the widely Department of Commerce ceritified to funding totals. Such Information will be accepted "Venice System" adopted in the Small Business Administration that sent to states with national estuarine 1968. this rule will not have a significant sanctuaries and to other interested (2) The same reviewer also questioned parties. the PH values suggestingthat a PH of 5.5 economic impact on a substancial number of small entities. Thus, regulatory Flexibility Analysis is not 28510 Federal Resistor I Vol. 49 No. 125 / Wednesday, June 27, 1984 / Rules and Regulations required for this notice of final Subpart D-Sanctuary Designation and dees from one sanctuary ste made rulemaking. The regulations set forth Subsequent Operation available to others in the system. The procedures for Identifying and Sec. network that will be established will designating national estuarine 921.30 Designation of Natinal Estuarine - enable sanctuaries to exchange sanctuaries and managing sites once Sanctuaries. designated. 921.31 Supplemental acquisition and information and research data with each These rules do not directly affect development awards. other. with universities engaged in estuarine research. and with Federal "small government jurisidictions" as 921.32 Operation and management: - Implementation of the Management PIan. and state agencies. NOAA's objective is defined by Pub. L 96-354, the 921.33 Boundary changes. Amendments to a system-wide program of research and Regulatory Flexibility Act. and the rules the Management Plan. and addition of monitoring capable of addressing the will have no effect on small businesses. multiple-site components management issues that affect long-term (C)Paper Work Reduction Act of 1980 921.34 Program evaluation. productivity of our Nation's estuaries. (Pub. L. 96-511) 921.35 Withdrawal of designation. (d) Multiple uses are encouraged to Subpart E. - Research Funds the dogma compatible with the These regulations do not impose any sanctuary's overall purpade as provided information requirements of the "2" 921.41 Categories of poteAtial research in the management plan and Consistent covered by Pub. L 96-571 other than projects: evaluation criteria. with subsections (a) and (b). above. Use those already approved by the Office of levels are set by the individual state and Management and Budget (approval Subpart F-General Financial Assistance Anal ad in the management plan. The Provisions number 0648-0121) for use through 921.50 Application Information. sanctuary management plan (see 9 921.12) will describe the uses and September 30, 1986. 921.51 Allowable costs. (D) National Environmental Policy Act 921.57 Amendments to financial assistance establishes priorities among these uses. awards. The plan shall identify uses requiring a NOAA has concluded that publication Appendix 1- Biogeographic Classification state permit. as well as areas where of these rules does not constitute a Scheme Uses are encouraged or prohibited. In major Federal action significantly Appendix 2-Typology of National Estuarine general. sanctuaries are intended to be affecting the quality of the human Areas - open to the public; low-intensity environment. Therefore. an Authority. Sec 3153(l). Pub. L 92-583. as recreational and interpretive activities environmental impact statement is not amended: 86 Stat. 1280 (18 U.S.C. 1461(1) are generally encouraged. required. (a) Certain manipulative research List of Subjects In 13 CFR Part 921 Subpart A-General activities may be allowed on a limited J 921.1 Mission and goals basis. but only if specified in the Administrative practice and (a) The mission of the National management plan and only if the procedure. Coastal zone. Environmental Estuarine Sanctuary Program is the activity is consistent with overall protection. Natural resources, Wetlands. establishment and management. through sanctuary purposes and the sanctuary (Federal Domestic Assistance Catalog Federal-state cooperation of a national resources are protected. Manipulative Number 11.420 Estuarine Sanctuary Program) system of estuarine sanctuaries march activities require the prior Dated: February 29, 1984. representative of the various region$ approval of the state and NOAA. Paul M. Wolff. and estuarine types in the United State Habitat manipulation for resource 7 Assistant Administrative ocean setwas Estuarine sanctuaries will be management purposes is not permitted and Coastal Zone ManaIent. established to provide opportunities for within national estuarine sanctuaries. Accordlngly 13 CFR Part 98 is lorgterm research. education. and (f) While the Program is aimed at revised as follows: interpretation. protecting natural. pristine sites. NOAA (b) The goals of the Program for recognizes that many estuarine are" PART 921-NATIONAL ESTUARINE canying out this mission am: have undergone ecological change as a SANCTUARY PROGRAM (1) Enhance resource protection by result of human activities. Although REGULATIONS implementing a long-tam management restoration of degraded areas is not a Subpart A-Goals plan tailored to the site's specific primary purpose of the Program some resources; restorative activities may be permitted Sec. (2) Provide opportunities for-long-term in an estuarine sanctuary as specified in 921.1Mission and goals, scientific and educational programs in the management plan. 921.2 Definitions. ashmuins areas to develop information (g) NOAA. may provide financial 921.3 National Estuarine Sanctuary for improved coastal decisionmaking: assistance to coastal states. not to Biogeographic Classification Scheme and (3) Enhance public awareness and exceed 30 percent of All actual CoStL to Estuarine Typologios. . understanding of the estuarine assist in the designation and operation n.4 Relationsh.1prt other provisions(dw environment through resource of national estuarine sanctuaries (so- Coastal Zone Management Act a" I* interpretive programs; and the National Marino Sanctuary program section Three types of awards - an Selection (4) Promote Federal-stats coopirative are available under the National acquisition ofibru in managing estuarine areas. Estuarine Sanctuary Program. The and anornem Plan Donooponsid 'he ut Proocuisition award is for site n.10 General. (c) To assist the states in carrying the program's goals in an effective selection and draft management plan 921.11 Site selection. mannor. the National Oceanic and preparation. The acquisition and 921.12 Management Plan development. Atmospheric Administration (NOAA) development award is intended Subpart C-Acquistition, Development, and will coordinate a research and primarily for land acquisition and Preparation of the Final Management Plan education information exchange construction purposes. The operation 921.20 General. throughout national estuarine management award provides fund& 921.21 Initial acquisition and development sanctuary system. As part of this role. to assist in implementing the research awards. NOAA will ensure that information and educational, and administrative Federal Register/ VOL 49. No. 125 / Wednesday, June 27, 1984/Rules and Regulation 28511 Programs detailed in the sanctuary and to include a variety of ecosystem Financial assistance application management plan. Under the Act the types. A biogeographic classification Procedures are specified in Subpart F. Federal share Of funding for a national scheme based on regional variations in (b) In selecting a site. a state may estuarine sanctuary shall not exceed the nation's coastal zone has been choose to develop a multiple-site 3,000,000. At the conclusion Of Federal developted. The biogeographic Sanctuary reflecting a diversity of financial assists ace funding for the classification scheme Is used to ensure habitats in a single biogeographic longterm operation of the sanctuary that the National Estuarine Sanctuary region. A multiple-site Sanctuary also becomes the responsibility of the state. System Includes at least one site from allows the state to develop (b) Lands already in protected status each region. The estuarine typology complementary research and by another Federal, state, local system is utilized to ensure that sites in educational programs within the government or private organization can - the Program reflect the wide range of multiple components of its sanctuary. be included within national estuarine estuarine types within the United States. Multiple-site sanctuaries are treated as sanctuaries only if the managing entity (b) The biogeographic classification one sanctuary in terms of financial commits to long-term non-manipulative scheme, presented in Appendix 1. assistance and development of an management. Federal lands already In contains 27 regions. Figure 2 graphically overall management framework and protected status cannot comprise the depicts the biogeographic regions of the plan. Each individual component of a key land and water areas of a Sanctuary United States. proposed multiple-site sanctuary shall (see $921.11(c)(3)). (c) The typology system is presented be evaluated separately under $921.2 Definitions. in Appendix 2. $921.11(c) as pan of the site selection process. A state may propose to (a) "Act" means the Coastal Zone $ 921.4 Relationship to other provisions of establish a multiple-site sanctuary at the Management Act. as amended. 16 U.S.C. the Coastal Zone Management Act and to time of the initial site selection. or at 1451 et seg. Section 315(1) of the Act 16 the National Marine Sanctuary Program. any-point in the development or U.S.C. 1481(1). establishes the National (a) The National Estuarine Sanctuary operation of the estuarine sanctuary, Estuarine Sanctuary Program. Program is intended to provide even after Federal funding for the single (b) "Assistant Administrator" (AA) information to state agencies and other component sanctuary has expired. If the means the Assistant Administrator for entities involved in coastal zone state decides to develop a multiple-site Ocean Services and Coastal Zone management decisionmaking pursuant national estuarine Sanctuary after the Management. National Ocean Service. to the Coastal Zone Management Act. 16 initial acquisition and development National Oceanic and Atmospheric U.S.C. 1451 et seq. Any coastal state. award Is made on a single site, the Adminstration. U.S. Department of including those that do not have proposal is subject to the requirements Commerce, or his/her succesor or approved coastal zone management set forth in $ 921.33. It should be noted designee. (c) "Coastal state" means a state of programs under section 306 of the Act. is however. that the total funding for a the United States in, or bordering on, the eligible for an award under the National multiple-site sanctuary remains at the Estuarine Sanctuary Program (see $3,000,000 limit; the funding for Atlantic. Pacific. or Arctic Ocean. the $921.2(e)). operation of a multiple-site sanctuary Gulf of Mexico Long Island Sound, or also limited to the $250,000 standard purposes of this title, the term also Estuarine Sanctuary Program will be (see $921.32(b)). includes Puerto Rico, the Virgin Islands, conducted in close coordination with the $921.11 Site selection. Guam, the Commonwealth of the National Marine Sanctuary Program (a) A state may use up to $10,000 in Northern Marianas, and the Trust (Title III of the Marine Protection. Federal preacquistion funds to establish Territories of the Pacific Wands, and Research and Sanctuaries Act. as and implement a site selection process American Samoa (see 18 U.S.C. 1454(4)). amended. 16 U.S.C.1431-1434). also which is approved by NOAA. (d) "Estuary" means that part of a administered by NOAA. Title M (b) In Addition to the requirements set river or stream or body of water having authorizes the Secretary of Commerce to forth to Subpart F. a request for Federal unimpaired connection with the open designate ocean waters as marine funds for site selection must contain the sea, where the sea water in measurably Sanctuaries to protect or restore such following programmatic information: diluted with fresh water derived from areas for their conservation. (1) A description of the proposed site land drainage. The term also Includes recreational,ecologica, or esthetic selection process and how it will be estuary-type areas of the Great Lakes. values. National marine and estuarine implemented in conformance with the see 18 U.S.C. 1454(7). sanctuaries will not overlap, though they biogeographic classification scheme and (a) "National Estuarine Sanctuary" may be adjacent. typology ($ 921.3)). means and area. which may incluede all (2) An identification of the site or the key land and water portion of an Subpart B-Preacquisition: Site selection agency and the potential Selection and Management Plan management agency; and estuary. and adjacent transitional areas Development. and uplands. constituting to the extent (3) A description of how public feasible a natural unit, set asides as a $921.10 General participation will be incorporated into natural field laboratory to provide long- (a) A State may apply for a the process (see $ 921.11(d)). term opportunities for research, preacquistion award for the purpose of (c) As part of the site selection educational, and interpretation on site Selection and preparation at process,the sites and NOAA shall ecological relationships within the area documents specified in $921.12(draft evaluate and elect the final site(s). (see 16 U.S.C. 1454(8)). management plan and environmental NOAA has final authority in approving $921.3 National Estuarine Sanctuary Impact statement (EIS)). The total Such sites. Site selection shall be guided Biogeographic Classification Scheme and Federal share of the preacquisition by the following principles: Estuarine Typologies. award may not exceed $50,0000, of which up to $10,0000 may be used for site (1) The site's benefit to do National (a) National estuarine sanctuaries are selection as described in $ 921.11. chosen to reflect regional differences Estuarine Sanctuary Program relative to the biogeographic classification scheme 28512 Federal Register/ Vol. 49 No.125/ Wednesday, June 27, 1984/ Rules and Regulations ________________________________________________________________________________________________________ and typology set forth in $ 921.3 and Appendices 1 and 2. (2) The site's ecological characteristics, including its biological productivity, diversity of flors and capacity to attract a broad range of research and educational interests. The proposed site should, to the maximum extent possible be a natural system: (3) Assurance that the site's boundaries encompass an adequate portion of the key land and water areas of the natural system to approximate an ecological unit and to ensure effective conservation. Boundary size will vary greatly depending on the nature of the ecosystem. National estuarine sanctuaries may include existing Federal or state lands already in a protected status where mutual benefit can be enhanced, see $921.51(e)(2). Importantly, however, NOAA will not approve a site for potential sanctuary status that is dependent upon the inclusion of currently protected Federal lands in order to meet the requirements for sanctuary stateus (such as key land and water areas). Such lands may only be included within a sanctuary to serve as a buffer or for other ancillary purposes: (4) The site's importance for research, including proximity to existing research utilities and educatinal institutions; Comment: NOAA is developing more detailed criteria for selecting potential national estuarine characteristics. Once these criteria are developed, a notice of their availability will be published in the Federal Register). (5) The site's compatibility with existing and potential land and water uses in contiguous areas; and (6) The site's importance to education and interpretive efforts, consistent with the need for continued protection of the natural system. (d) Early in the site selection process, the state must seek the views of affected landowners, local governments, other state and Federal agencies, and other state and Federal agencies, and other parties who are interested in the area(s) being considered for selection as a potential national estuarine sanctuary. After the local government and affected landowners have been contacted, at least one public meeting shall be held in the area of the proposed site. Notice of such a meeting, including the time, place, and relevant subject matter, shall be announced by the state through the area's principal news media at 15 days prior to the date of the meeting and NOAA in the Federal Register. $ 921.12 Management Plan development. (a) After the selected site is approved by NOAA and the state, the state may request the remainder of the preacquisition funds to develop the draft management plan and environmental impact statement. The request must be accompanied by the information specified by Subpart E and the following programmatic information: (1) An analysis of the site based on the biogeographic scheme/ typology discussed in $921.3 and set forth in Appendices 1 and 2; (2) A description of the site and its major resources, including location, proposed boundaries and adjacent land uses. Maps, including serial photographs are required: (3) A description of the public participation process used by the state to solicit the views of interested parties, a summary of comments, and , if interstate issues are involved, documentation that the Governor(s) of the other affected state(s) has been contacted: (4) A list of all sites considered and a brief statement of the basis for not selecting the non-preferred sites; and (5) A draft management plan outline (see subsection(b) below and an outline of a draft memorandum of understanding (MOU) between the state and NOAA detailing the Federal-state roles in sanctuary managment during the period of federal funding and expressing the state's long-term committment to operate and manage the sanctuary. (b) After NOAA approves the state's request to use the remaining preacquisition funds, the stat shall begin developing a draft management plan. The plan will set out in detail: (1) Sanctuary goals and objectives, management issues, and strategies or actions for meeting the goals and objectives; (2) An administrative section including staff roles in administration, research, education/interpretation, and surveillance and enforcement. (3) A research plan, including a monitoring design; (4) As interpretive plan (including interpretive, educational and recreational activities): (5) A plan for public access to be sanctuary; (6) A construction plan, including a proposed construction schedule, and drawings of proposed developments. If a visitor center, research center or any other facilities are proposed for construction or renovation at the site, a preliminary engineering report must be prepared; Note:- Information on preparing a preliminary engineering report (PER) is provided in "Engineering and Construction Guidelines for Coastal Energy Impact Program Applicants" (42 Fr 64830 (1977)). which is supplied to award recipients. (7) An acquisition plan identifying the ecologically key land and water areas of the sanctuary, priority acquisitions, and strategies for acquiring these areas. This plan should identify ownership patterns within the proposed sanctuary bounderies; land already in the public domain; an estimate of the fair market value of land to be acquired; the method of acquistion, or the feasible alternatives (including less-than-fee techniques) for the protection of the estuarine area; a schedule for acquisition with an estimate of the time required to complete the proposed sanctuary and a discussion of any anticipated problems: Note.- As discussed in $ 921.11(c)(3), if protected lands are to be included within the proposed sanctuary, the state must demonstrate to NOAA that the site meets the criteria for national estuarine sanctuary status independent of the inclusion of such protected lands. (8) A resource protection plan detailing applicable authorities, including allowable uses, uses requiring a permit and permit requirements, any restrictions on use of sanctuary, and a strategy for sanctuary surveillance and enforcement of such use restrictions, including appropriate government enforcement agencies; (9) If applicable, a restoration plan describing those portions of the site that may require habitat modification to restore natural conditions; and (10) A proposed memorandum of understanding (MOU) between the state and NOAA regarding the Federal-state relationship during the establishment and development of the national estuarine sanctuary, and expressing the long-term committment by teh state to maintain effectively the sanctuary after Federal Financial assistance ends. In conjuction with the MOU and where possible under state law, the state will consider taking appropriate administrative or legislative action to ensure the long-term protection of the sanctuary. The MOU shall be signed prior to santuary designation. If other MOUs are necessary (such as with a federa agebcy or another state agency), drafts of such MOUs also must be included in the plan. (c) Regarding the preparation of an environmental impact statement (EIS) under the National Environmental pollu Act on a national estuarine sanctuary proposal, the state shall provide all Federal Register I VOL 49 & No. 125 / Wednesday. June 27, 1984 / Rules and Regulations 26513 necessary information to NOAA 921.21 Initial acquisition and Title to the property conveyed by this deed concerning the socioeconomic and development wards. shall vest in the {recipent of the CZMA environmental impacts associated with (a) Assistance is provided to aid the Section 315 award or other Federally. implementing the draft management recipient In: (2) Acquiring land and approved entity} subject to the condition that the property shall remain part of the - I plan and feasible alternatives to the water areas to be included in the Federally-designated [name of National plan. Based an this information. NOAA sanctuary boundaries; (2) minor Estuarine Sanctury). In the event that the will prepare the draft EIS. construction. as provided in paragraphs property is no longer included as part of the sanctuary. or if the sanctuary designation of (d) Early in the development of the (b) and (c) of this section: (3) prop draft management plan and the draft the final management plan: and (4) up to which it is part is withdrawn. then the EIS. the state shall hold a meeting in the the point of sanctum designation. for National Oceanic and Atmospheric area or areas most affected to solicit - - initial management costs, e.g. Administration or its successor agency. In public and government comments on the Implementing the NOAA approved draft conjunction with the State. may exercise any significant issues related to the management plan. preparing the final of the following rights regarding the management plan, hiring a sanctuary disposition of the property. proposed action. NOAA will publish a (i) no recipient may be required to notice of the meeting in the Federal manager and other staff as necessary, transfer title to the Federal Government. In Register and in local media. and for other management-related such CIMIL the recipient shall be entitled to (e) NOAA will publish a Federal activities. Application procedures are compensation computed by applying the specified in Subpart?. recipient's percentage of participation in the Register notice of intent to prepare a cost of the program or project to the current DEIS. After the draft EIS is prepared (b) The expenditure of Federal and fair market value of the property. or and filed with the Environmental state funds on major construction (ii) At the discretion of the Federal Protection Agency (EPA). A Notice of activities is not allowed during the GOvernMent. (a) the recipient msy either be availability of the DEIS will appear In initial acquisition and development directed to sell the property and pay the the Federal Register. Not less than 30 phase. The preparation of architectural Fed.- Government an amount computed by days after publication of the notice. and engineering plans. including applying the Federal percentage of NOAA will hold at least one public specifications. for any proposed participation in the cost of the original project hearing in the area or areas most construction is permitted. In addition. to the proceeds from the "Is (minus actual minor construction activities, consistent and reasonable selling and fIx-up expenses. if affected by the proposed sanctuary. The with paragraph (c) of this section also any. from the We proceeds} or (b) the hearing will be held no sooner than 13 am allowed. The NOAA-approved draft recipient my be permitted to retain title after days after appropriate notice by NOAA management plan must. however. paying the Federal Government an amount of the meeting has been given in the include a construction plan and a public computed by applying the Federal percentage principal news media and in of participation in the cost of the original the Federal access plan before any award funds Can project to the current fair market value of the Register. After a 45-day comment be spent on conseuction activities. property. period. a final EIS is prepared by (c) Only minor construction activities Note,Fair market value of the property NOAA. that aid in implementing portions of the must be determined by an indepenent Subpart C-Acquistion, Development, management Plan (such as boat ramps appraiser and certified by a responsible and Preparation of the Final and natural trails) are permitted under official of the state. as provided by OMB Management Plan the initial acquisition and development Circular A-102 Revised. Attachment F. award. No more than five (3) percent of (n Prior to submitting the final 921.20 General the initial acquisition and development management plan to NOAA for review After NOAA approval of the site. the award may be expended an such and approval. the state should hold a draft management plan and the draft facilities. NOAA must make a specific public meeting in the area affected by MOU. and completion of the final EIS, a determination. based on the final EIS, the estuarine 3anctuary. NO2qAA will that the construction activity will not be publish a notice of the meeting in the state is eligible for an acquisition and detrimental to the environment. Federal Register and in the local media. development award to acquire land and (d) Except as specifically provided In water areas for inclusion in the paragraphs (a)-(c) of this section. Subpart D-Sanctuary Designation and sanctuary and to construct research and construction projects. to be funded in Subequent Operation educational facilities in accordance with whole or in part under the acquisition I 921.30 Designation of National Estuarine the draft management plan. The and development award. may not be sanctuaries. acquisition and development award the initiated until the sanctuary receives two phases. In the initial phase, state formal designation. see 921.30. (a) The AA shall designate an area as performance should work to meet the a national estuarine sanctuary pursuant criteria required for formal sanctuary Note- The intent of these requirements to Section 315 of the Act. based upon designation. Le, acquiring the key land and the phasing of the acquisition and written findings that the state has mat and water arias as specified in the draft development award is to ensure that the following conditions: management plan and preparing the substantial prop." in acquiring the key land (1) A final management plan has been and waters areas has been made and that a final plan. These requirements an final management plan Is completed before approved by NOAA. specified In 921.30. The initial major areas are spent on construction. Once (2) Sanctuary construction and access acquisition and development phase is substantial progress to acquisition has been Policies. I 921.21(b)-(d), have been expected to last no longer than two - made. as defined by the state In the followed: years after the start of the award. If management plan, other activities guided by. (3) Key land and water areas of the the final management plan may begin with I necessary, a longer time period may be NOAA's approval. proposed sanctuary as identified In the negotiated between the state and (e) Deeds for real property acquired management plan. are under state NOAA. After the sanctuary Is for the sanctuary under acquistition cortrol and designated. hinds may be used to (4) An MOU between the state-and acquire any remaining land and for funding shall contain substantially the NOAA ensuring a long-term construction purposes. following provision: commitment by the state to the J 26514 Federal Register I VoL 49. No. 17 Wednesday, June 27, 1984 / Rules and Regulations santuary's effective operation and not listed in the management plan or will trigger a full-scale management Implementation has been signed. final EIS require public notice and the audit with a site-visit On a periodic (b) A notice of designation of a opportunitity for comment; in cartain basis. NOAA will also conduct a full- ional estuarine sanctuary will be caSes, an environmental assessment scale Section 312 evaluation with a site ced in the Federal Register and In the may be required. Where public notice in visit and public meeting. cal media. required. NOAA will place a notice in (c) The term "state control" to a Federal Register of any proposed 921.35 Withdrawal of designation. I 921.30(a)(3) does not necessarily changes in sanctuary boundaries or (a) Upon a finding by the Program require that the land be owned by the proposed major changes to the final Office through its programmatic state in fee simple. Less-than-fee management plan and ensure that a evaluation (I 921.34) that a national interests and regulatory measures may notice is published in the local media. estuarine sanctuary is not meeting the suffice where the state makes a showing As discussed in I 921.10(b), a state mandate of Section 313 of the Act. the that the lands are adequately tontrolled may choose to develop a multiple-site national Program goals or the policies consistent with the purposes of the national estuarine sanctuary after the estabLished in the management plan. sanctuary. inital acquisition and development NOAA will provide the state with a award for a single site has been made. written notice of the deficiency. Such a 921.31 Supplement acquisition and Public notice of the proposed addition in notice will explain the deficiencies in development awards. the Federal Register and local media, the state's approach. propose a solution After sanctuary designation. and as and the opportunity for comment- in or solutions to the deficiency and specified in the approved management addition. to the preparation of either an provide a schedule by which the state plan, the state may request a environmental assessment or should remedy the deficiency. The state supplemental acquisition and environment impact statement on the shall also be advised in writing that it development award for construction and proposal will be required. An may comment on the Program Office's acquiring any remaining land. envirormental impact statement. if finding of a deficiency and meet with Application procedures are specified In required, will be prepared in accordance Program officials to discuss the finding Subpart F. Land acquisition must follow with section 921.12 and will also include and soak to remedy the deficiency. the procedures specified in I 921.21(e) an admminstrative framework for the (b) If the issues cannot be resolved 921.32 Operation and management multiple-sits sanctuary that describes within a reasonable time. the Program implementation of the Management plan. the complementary research and Office will make recommendation (a) After the sanctuary Is formally educational program within the regarding withdrawal of designation to designated. the state may apply for sanctuary. If NOAA determines, based the AA. A notice of intent to withdraw assistance to provide for operation and on the scope of the project and the designation. with an opportunity for management. The purpose of this phase issues associated with the additional comment. will be placed In the Federal in the national estuarine sanctuary site, that an environmental assessment Register. process is to Implement the approved is sufficient to establish a mulitple-site (c) The state shall be provided the al management plan and to take the sanctuary, then the state shall develop a opportunity for an informal hearing revised management plan as described cessary steps to ensure the continued in I 921.12(b). The revised management before the AA to consider the Program ective operation of the sanctuary office's recommendation and finding of after direct Federal support is plan will address the sanctuary-wide deficiency. as well as the state's concluded. goals and objectives and the additional comments on and response to the component's relationship to the original (b) Federal funds of up to $250,000, to recommendation and finding. be matched by the state. are available site. (d) Within 30 day after the informal for the operation and management of the 921.34 Program evaluation hearing the AA shall issue a written national estuarine sanctum. Operation (a) Performance during the term of the decision regarding the sanctuary. If a and management awards an subject to operation and management award for decision is made to withdraw sanctuary the following limitations. under the initial acquisition and designation. the procedures specified (1) No more than $50,000 in Federal development award. if the sanctum to in 921.21(e) regarding the disposition of funds per annual award and I not designated within two years) will be real property acquired with federal (2) No more than ten percent of the evaluated annually by the Program funds shall be followed. total amount (state and Federal sham) Office and periodically in accordance of each operation and management with the provisions of Section 312 of the Subpart E- Research Funds award may be used for construction- Act to determine compliance with the type activities (Le. $10,000 maximum conditions of the award and overall per year). progress In Implementing the (a) To stimulate high quality research 921.33 Boundary changes, amendments to management plan. within designated national. estuarine to the Management plan, and addition of (b) To ensure effective sanctuary sanctuaries. NOAA may find research multiple-site components. oversight after the major federal funding on a competitive basis to sanctuaries (a) Changes in sanctuary boundaries expires. the state Is required to submit having an approval final management and major changes to the final an annual report on the sanctuary. The plan. Research funds are Intended to management plan. including state laws report should detail program successes support significant research projects or regulations promulgated specifically and accomplishments in meeting the that will lead to enhanced scientific for the sanctuary. may be made only policies and activities described in the understanding of the sanctuary after written approval by NOAA. If sanctum management plan. A work environment improved coastal decisionnmakin, improved sanctuary determined to be necessary. NOAA way plan, detailing the projects to be require public notice Including notice to undertaken the next year to meet the management or enhanced public the federal Register and an opportunity program goals and the state's role in appreciation and Understanding of the fee comment- Changes In the boundary owing sanctuary programs should also sanctuary ecosystem. Research olving the acquisition of properties be included. Inadequate annual reports opportunities will be Identified In final Federal Register / Vol. 49, No. 125 / Wednesday, June 27. 1984 / Rules and Regulations 26513 management plans for national (3) Research quality (i.e. soundness of applications must contain back up data estuarine sanctuaries. Research funds approach. environmental consequences. for budget estimates (Federal and non- will be used to fill obvious voids in experience related to methodologies. Federal shares) and evidence that the available data. as well as to support (4) Importance to the National application complies with the Executive creative or innovative projects. Estuarine Sanctuary Program; Order 12372 "Intergovernmental Review (b) Research funds are provided In (5) Budget and Institutional of Federal Programs" In addition. addition to any funds available to the (La. reasonableness of applications for acquisition and development awards must contain: state under the operation and budget, sufficiency of logistical support management or acquisition and and (1) State Historic Preservation Office development awards. Research funds (6) In addition, in the case of long- comments; must be matched by the state, consistent term monitoring projects the ability of (2) Appraisals and title information: with I 921.51(e)(iii) ("allowable costs" the state or the research grant recipient (3) Governor's letter approving the Individual states may apply for funding to support the grant beyond this initial sanctuary proposal; and for more than one research project per funding. (4) Written approval from NOAA of sactuary. Subpart F-General Financial the draft or final management plan 921.41 Categories of potential research Assistance Provisions The Standard Form 424 has been project; evaluation criteria. approved by the Office of Management (a) While research funds may be used I 921.50 Application Information. and Budget (Approval number 0548- to start-up long-term projects, they am (a) The maximum total Federal 0121) for use through September 30, not intended as a source of continuing funding per sanctuary to $3.000.000 for 1986. funding for a particular project over the preacquisition. acquisition and 921.51 Allowable costs time. Emphasis will be placed on development and operation and projects that are also of benefit to other management awards. The research (a) Allowable costs will be sanctuaries in the system. Proposals for funding under 1921.40 is excluded from determined in accordance with OMB research under the following categories this total. Circulars A-102 "Uniform will be considered: (b) Only a state Governor, or his/her Administrative Requirements for designated state agency. may apply for Grants-in-Aid to State and Local (1) Establishing a Data Base and national estuarine sanctuary financial Governments", and A-87, "Principles for Monitoring Program (e.g. studies related assistance awards. If a state is Determining Costs Applicable to Grants to gathering and interpreting baseline participating in the national Coastal and Contracts with State. Local and information an the estuary. Funds are Zone Management Program. the recipient Federally Recognized Man Tribal available to establish a data base and of an award under Section 315 of the Governments"; the financial assistance monitoring system; however. the long- Act shall consult with the state coastal agreement; the regulations; and other term support for such a system must be management agency regarding the Department of Commerce and NOAA carried out as part of overall sanctuary application. directives. The term "costs" applies to implementation); (c) No acquisition and development both the Federal and non-Federal (2) Estuarine Ecology (eg. studies of award may be made by NOAA without shares. the relationships between estuarine the approval of the Governor of the (b) Costs claimed as charges to the species and their environment. studies state, or his/bar designated agency. In award must be reasonable, beneficial of biological populations community which the land to be acquired Is located and necessary for the proper and relationships. studies on factors and (d) All applications are to be efficient administration of the financial processes that govern the biological submitted to: Management and Budget assistance award and must be Incurred productivity of the estuary. Group. Office of Ocean and Coastal during the awards period, except as (3) Estuarine Processes (eg. studies Resource Management. National Ocean provided under preaggrement costs. on dynamic physical processes that Service National Oceanic and subsection (d). influence and give the estuary Its Atmospheric Administration. 3300 (c) costs must not be allocable to or particular physical characteristics. Whitehaven St. NW., Washington D.C. included as a cost of any other including studies related to climate. 20235. Federally-financed program in either the patterns of watershed drainage and (a) An original and two copies of the current or a prior award period. freshwater inflow, patterns of water complete appilcation must be submitted (d) Costs incurred prior to the circulation within the estuary, and at least 2 working days prior to the effective date of the award studies on oceanic or termstrial factors proposed beginning of the project. The (preagreement costs) are allowable only that influence the condition Of estuarine Application for Federal Assistance when specifically approved In the waters and bottoms): Standard Form 424 (Non-construction financial assistance agreement. For non- (4) Applied Research (e.g. studies Program) constitutes the formal construction awards. costs incurred designed to answer specific application for preacquisition operation more than three months before the management questions and and management and research awards. award beginning date will not be (5) Socioeconomic Research (e.g., The Application for Federal Assistance approved. For construction and land studies on patterns of land use Standard Form 424 (Construction acquisition awards, NOAA will evaluate sanctuary visitation. archaeological Program) constitutes the formal agreement costs on a case-by-case. research). I application for land acquisition and basis. (b) Proposals for research In national development awards. The application (e General guidelines for the non- estuarine sanctuaries will be evaluated must be accompanied by the Federal share an contained In OMB In accordance with criteria listed below: Information required La Subpart B Circular A-102, Attachment F. The (1) Scientific merits; (preacquisition Subpart C and Section following may be used by the state In (2) Relevance or Importance to 921.31 (acquisition and development), satisfying the matching requirement sanctuary management or coastal and I 921.32 (operation and Pre-acquisition Awards. Cash and decisionmaking; management as applicable. All In-kind contributions (value of goods Federal Register / Vol. 49 No. 125 / Wednesday, June 27, 1984 / Rules and Regulations and services directley benefiting and deVpment award. The value in exs East Florida (St. John's W to pe specifically identifiable to this part of of the amount reuired as match for the can4varai@ the project) are allowable. Land may not initial award may be used to match West Indian used as match. subseuent supplemental acuisition IL Caribbean (Cape Canaveral to FL 2) Auisition and Development and development awards for this 141110mm and south). wards. Cash and in-kind contributions estuarine sanchuLry. fo. West Florida (FL le8f8ferson to Cedar are allowable In general, the fair market (3) Operations and Management 6Xey). value of lands to be included within the Awards. Jterearch 0Funde. Cash and in- Louisianian sanctuary boundaries and acuired Jdnd contributions (directly bensfitins ILL Panhandle Coast (Cedar Y4y to Mobile pursuant to the Act. with other than- and specifically identifiable to this -Bay). Federal funds. may be used as match phase of the project@ except land. are 12. Mississippi Delta (Mobile Bay to The fair market value of privately aHowable. Galveston). donated land. at the time of donation, as 11 Western Gulf (Galveston to Mexican establishment by an Independent f 921842 Awm8Wmw8f8t to 8Muin8dal bcrder@ appraiser and certified by a responsible "4"tm" "I" official of the State (pursuant to OMB Actions reuiring an ametidment to Circular A-102 Revised. Attachment F) the financial assistance award, such as 14. Southern California (Mexican border to Point Concepcion). may also be used as match. Appraisals reuest for additional Federal funds. is. central California 4Moint Concepcion to Cape Mendocino). must be performed according to Federal revisions of the approved project appraisal standards as detailed in 6udget. or extension of the performance M. San Francisco Say. regulations and the "Uniform period must be submitted to I- DA2A on Columbian Appppraisa Standards for Federal Land @2pndard Form 424 (ON6S apptoved Acuisitions." Costs related to land number 074&-6M21 for use through 17. Middle Pacific (Cape Mendocino to the Columbia River). acuisition such as appraisals, legal September 0X 192W) and approved in is. Washington Coast (Columbia River to fees and surveys, may also be used as writing. Vancouver tsl,RA@ match. Land. including submerged lands. Appendix I-Blographic Classification 29. Puget SUI2A already in the state's possession. In a scheme Great Lam pro the sta4t co acted sta nsistant W0N the purposes of the National Estuarine Acadian 20. Western LAkes (Superior. Nfichisam 2HurG44 Sanctuary Program. may be used as i. Northern Gulf of Maine (Eastport to 21. Easters.iskes (Ontario, Erio@ match only it it was acuired within a Sh*@pecot River). one-year period prior to the award of z Southern Gulf of Main@ (Shetpacot River prcuisition or acuisition funds and to Cape Cod@ 2L Southern Alaska (Prince of Walu with the intent to ostabUsh a national Island to Cook Inlet). turi 0Wctuary. For state lands not V0W11100 23. Aleutian Islands (Cook I6W@t to Bristol flly-protected statu (eg. a sta2f2t & southern Now 7--lan (Cape Cod to Bsy@ containing an easement for tawly 6Hoak@ f 4. 8Nddle Atlantic (Sandy Hook to Cap* $46-Axtic urfce mineral rights). the value a Hattv&24 0K Northern. Alaska 8Wistol Bay to development right or foregone value L Chesapeake Bay. Demarcation Poin4* may be u"I as ma,ch if acuired by or h1sular donated to the state for inclusion within Carolinian a 8HAwailan Islands. the sanctuary. 0L blorthern Carolinas (Cape Hartwell tO 2L4W@%t@MPscif1c lilan4l. A state may initially use as match Santee River). v. Eastern Pa6ac Wand. land valued at greater thin the Federal 7. South Adandc (Sanwa RiVer to St. John's share of the acuisition and 2mver@ s"M CING 3004" lip SUB-Appo 22 -FJORD -:P31 -..' W I 20 COLUMBIANI GREAT KES 21 '1.7 1 15 CALIFORNIA:; k 2- -10 A 28 111111 LOUISIANIAN INSULAR 27 Figure 1. Biogeographic Regions of the United States. Ml Ml m It m m m m 0 26518 Federal Register / Vol. 49. No. 125 / Wednesday, June 27, 1984 / Rules and Regulations Appendix 2--Typology of National 2. Southeast areas: Floral dominants B. Coastal Swamps: These are wet lowland Arts and lex. areas that support mosses and shrubs 3. Western Areas: Adenostoma. together with large treat such as cypress or This typology system reflects significant Arcotyphyloa, and Eucalyptus are the gum. in estuarine characteristics that dominant floral species. C. Coastal Mangroves: This ecosystem not necessarily related to regional C. Coastal Grasslands: This area, which experiences regular flooding on either a daily, The purpose of this type of possesses sand dunes and coastal flats, has monthly, or seasonal basts, has low wave classification is to maximize ecosystem low rainfall (10 to 30 inches per year) and action, and is dominated by variety of salt- variety in the selection of national estuarine large amounts of humus in the sail. Ecological tolerant trees, such as the red mango sanctuaries. Priority will be given to succession is slow, resulting in the presence (Rhizophora mangle). black mangrove important ecosystem type as yet of a number of seral stages of community (Avicennia nitida), and the white mangrove unrepresented in the sanctuary system. It development. Dominant vegetation includes (Laguncularia racemosa). It is also an should be noted that any one site may mid-grasses (2 to 4 feet tall), such as important habitat for large populations of represent several ecosystem types at Ammophila. Agropyron, and Calamovilfa, tall flab, invertebrates, and birds. This type of physical characteristics. grass (3 to 8 feet tall), such as Spartina, and ecosystem can be found from central Florida Clas 1--Ecosystem Types treat such as the willow (salix sp.). cherry to extreme south Texas to the islands of the (Phunus sp.),and cottonwood (Populus Western Pacific. Group 1--Shorelands deltoides). This area is divided into four D. Intertidal Beaches: This ecosystem has A. Maritime Forest-Woodland: This type of regions with the following typical stand a distinct biota of microscopic animals, ecosystem consists of single-elemmed species Vegetation: bacteria, and unicelluar algae along with that have under the influence of 1. Arctic/boreal: Elymus; spray. It can be found on coastal uplands 2. Northeast/West: ammophila; macroscopic crustaceans, mollusks, and 3. Southeast/Gulf: Uniola; and worms with a detritus-based nutrient cycle. of recent features. such as barrier Islands and This area also includes the driftline and may be divided into the 4. Mid-Atlantic/Gulf: Spartina potena. following blomes: D. Coastal Tundra: This ecosystem which communities found at high tide levels on the 1. Northern Coniferous Forest Biome: This is found along the Artic and Boreal coasts of beach. The dominant organisms in this Is an area of predominantly evergeens such North America, is characterized by low ecosystem include crustaceans such as the as the spruce (Picea), grand fir (abies), temperatures, a short growing season, and crab (Emerito), amphipods and white cedar (Thuja), with poor some permafrost, producing a low. treeless (Gammaridas), ghost crabs (Ocypode), and development of the shrub and herb layers, mat community made up of mosses, lichens, bivalve molluscs such as the coquina (Donax) but high annual productivity and pronounced booth. shrubs. grasses, sedges. rushes. and and surf clams (Spisula and Moctra) seasonal periodicity, herbaceous and dwarf woody plants. E. Intertidal Mud and Sand Flats: These 2. Moist temperate (Mesothermal) Common species include arctic/alpine plants areas are composed of unconsolidated, high Coniferous Forest biome: Found along the such as Empetrum nigrum and Betula nana. organic content sediments that function as a west coast of North America from California the lichens Cetrara and Cladonia, and short-term storage area for nutrients and to Alaska. this area is dominated by conifers, herbaceous plants such as Potentilla organic carbons. Macrophytes are nearly has a relatively small seasonal range, high tridentato and Rubus chamaemorus. absent in this ecosystem although it may be humidity with rainfall ranging from 30 to 150 Common species on the coastal beach ridges heavily colonized by benthic diatoma, dino- inches, and a well-developed understory of of the high artic desert include Dryas flagellates, flamentous blue-green and green ith an abundance of mosses and intargrifolia and Saxifrage oppositifolia. algae, and chaemosynthetic purple sulfur moisture-tolerant plants. Two area can be divided into two main bacteria. This system may support a Temperate Deciduous Forest Biome: This subdivisions: considerable population of gastropods, is characterized by abundant evenly 1. Low Tundra: characterized by a thick, bivalves and polychaetes, and may serve as distributed rainfall moderate temperatures spongy mat of living and undecayed a feeding area for a variety of fish and which exhibt a distinct seasonal pattern. vegetation, often with water and dotted with wading birds. In sand, the dominant fauns well-developed soil biots and herb and shrub ponds when not frozen; and include the wedge shell Donax, the scallop layers, and numerous plants which produce 2. High Tundra: a bare area except for a Pectan, tellin shells Tellina, the heart urchin pulpy fruits and nuts. A distant subdivision of scanty growth of lichens and grasses, with Echinocardium, the lug worm Arenicola, this biome is the pine adaphic forest of the underlying ice wedges forming raised sand dollar Dendrasier, and the sea pansy southeastern coastal plain. In which only a polygonal areas. Ranilla. In mud, faunal dominants dominants adapted to small portion of the area is occupied by 3. Coastal Cliffs: This ecosystem is an low oxygen levels include the tarebellid climax vegetation, although it has large areas important nesting site for many sea and shore Amphitrite, the boring Clam Playdon, the covered by edaphhic climax pines. birds. It consists of communities of deep sea scallop Placopecten, the quahog 4. Broad-leaved Evergreen Subtropical herbaceaous, graminoid, or low woody plants Mercenaria, the echiurid worm Urcechia, the Forest Biomes: The main characteristic of this (shrubs, health, etc.) on the top or along rocky mud snail Nossarius, and the sea cucumber biome is high moisture with less pronounced faces exposed to salt spray. There is a Thyone. diversity of plant species including mosses, F. Intertidal Algal Beds: These are hard Examples are the hammocks of Florida and lichens, liverworts, and "higher" plant subetrates along the marine edge that are the live oak forests of the Gulf and South- representatives. dominated by macroscopic algae, usually Atlantic coasts. Floral dominants include pines. magnolia, baysm hollies, wild Group II--Transition Areas thalloid, but also flamentous or unicellular in tamarind. strangler gumbo limbo, and A. Coastal Marshes: These are wetland growth form. This also includes the rocky palms. areas dominated by grades (Poacea), sedges coast tidepools that fall within the intertidal B. Coast Shrublands: This is a transitional (cyperaceas), rushes (juncacase), cattaila sons. Dominant fauna of these areas are area between the coastal grasslands and (Typhaceas), and other graminoid species barnacles, mussels, periwinkles, anemones, and chitons. Three regions are apparent woodlands and is characterized by woody and is subject to periodic flooding by either 1. Northern Latitude Rocky Shores: It is In species with multiple stems a few contimeters salt or freshwater. This ecosystem may be this region that the community structure is developing under the influence of it spray periodically flooded by either salt or brackish best developed. The dominant algal species and occasional sand burial. This includes water. (b) non-tidal (freshwater): or (c) tidal include Chandrus at the low tide level. Fucus thickets, scrub, scrub savanna, heathlands, freshwater. These are essential habitats for and Ascophyllum at the mid-tidal level, and and coastal chaparral. There is a great many important estuarine species of flab and Laminaria and other kalp-like algae just beyond the intertidal althought they can be variety of shrubland vegatation exhibiting invertebrales as well as shorebirds and regional soecufucity: waterfowl and serves important roles in exposed at extremely low tides or found in 1. Northern Areas: Characterized by shore stabilization, flood control, water very deep tidepools. various erinaceous species, and purification, and nutrient transport and 2. Southern Latitudes: The communities in ere of Myrica, Prunus, and Rosa. storage. this region we reduced In comparison to Federal register / VoL 41L No. 123 Wednesday, June 27. 19 / Rules and Resuladn 26519 those of th orthr latitudes and psss confined waters--abundant marine grasses, 1. coastal plains estuary: where a algae consisting mostly of single-celled or shellfish, and juvenile fish. water movement drowned Valley consists mainly of a single filamentous green, bluegreen. and red algae, is reduced, with the consequent effects of channel the form of the basin is.fairly and small thalloid brown algae. pollution being more seven in this area than a simple coastal plains 3. tropical and subtropical lotitudes: the a channel is flooded with intertidal in this region is very reduced and 3. Bar. Bays are larger confined bodies of an irregular estuary contains numerous calcareous algae such as water that are open to the sea and receive estuaries of the eastern United porolithon and lithothamnion, as well as strong tidal flow. When stratification Is states of this type. green algae with calcareous particles such as pronounced, the flushing action is a 2.estuaries that form in alongated. halimeda, and numerous other green, red, by river discharge, Bays vary size and in steep ehadlands that alternate with deep U- and brown alga. type of shorefront. shaped valleys resulting from glacial scouring group III--submerged bottoms 4. embayment:A confined coastal are called flonds. They generally possess body with narrow, restricted inlets rocky noon at very thin venom of sediment, A. subtidal hardbottoms: this system is a significant freshwater inflow can be with deposition generally being restricted to characterized by a consolidated layer of solid classified as an embayment. these areas the head where the main river enters. rock or large pieces of rod (neither of biotic have more restricted inlets than bays. are Compared to total fjord volume, river origin) and is found In association with usually smaller and shallower. have low tidal discharge is small. But many fjords have geomorphological features such as submarine action. and are subject to Sedimentation. restricted tidal ranges at their mouths. due to canyons and hordes and is usually covered 5. tidal river: the lower reach of a coastal sills, or upreaching sections of the bottom with assemblages of sponges. sea fana. river is referred to as a tidal river. The which limit free movement of water. often bivalves, hard corals. tunicates. and other coastal water segment extends from the sea making river flow large with respect to the attached organisms. A significant feature of or estuary into which the river discharges to tidal prism. The deepest portions an in the estuaries in many parts of the world is the a point as far upstream as there is significant upstream reaches whom maximum depths oyster roof. a type of subtidal hardbottom. salt content in the water. forming a salt front. can range from 800 m to 1200 m. while sill Composed of assemblages of organisms A combination of tidal action and freshwater depths usually range 40 m to 150 m. (usually bivalves), it is usually found near an outflow makes tidal rivers well-flushed. The 3. bar-bounded estuary; these result from estuary's mouth in a zone of moderate wave tidal river basin may be a simple channel or a the development of an offshore barrier, such acton, salt content, and turbidity. if light complex of tributaries, small associated as a beach strand, a line of barrier islands, levels are sufficient a covering of embayments, marshfronts, tidal flats, and a reef formations, a line of moraine debris, or microscopic and attached macroscopic algae. variety of others. the subsiding remnants of a deltaic lobe. This such as kelp may also be found. 6. lagoon: lagaoons are confined coastal basin is often partially exposed at low tide B. subtidal softbottoms: major bodies of water with restricted inlets to the and is enclosed by a chain of offshore bars or characteristics of this ecosystem are an sea and without significant freshwater barrier islands, broken at intervals by intlets. unconsolidated layer of fine particles of silt. inflow. Water circulation Is limited. resulting these bars may be either deposited offshore sand, clay, and gravel, high hyrdrogen sulfide in a poorly flushd. relatively stagmant body at may be coastal dunes that have become levels and anaerobic conditions often of water. Sedimentation is rapid with a great isolated by recent sea level rises. existing below the surface. Macrophytes are potential for basin shoaling. shores are often 4. tectonic estuary: these are coastal either sparse or absent although a layer of gently sloping and marshy. if light indentures that have formed through tectonic benthic microalgae may be present 7. perched coastal wetlands: unique to processes such as slippage alont a fault line levels are sufficient. the faunal community Is Pacific Islands this wetland type. found (San Francisco Bay), folding, or movement of dominated by a divans population of deposit above sea level In volcanic crater remmants the earth's bedrock, often with a large inflow feeders including polychaotes. bivalves and forms as a result of poor drainage of freshwater. burrowing crustaceans. I characteristics of the crater rather than from C. subtidal Plants: This system Is found in sedimentation. Plural assemblages exhibit 5. volcanic estuary: these coastal bodies relatively shallow water (less than 6 to 10 distinct zonation while the faunal of open water. a resutlt of volcanic processes. meters) below mean low tide. It is an area of constituents may include freshwater, are depressions at craters that have direct extremely high primary production that and/or subsurface connections with the brackish. and/or marine species. example: ocean and may or may not have surface provides food and refuge for a diversity of aunu'u Island. American samos. faunal groups. especially juvenile and adult 8. anchialine systems: these small coastal continuity with streams. these formations fish. and in some moons. mAnetees and sea exposures at brackish water form in lava are unique to Wand areas of volcanic origin. turtles. Along the North Atlantic and Pacific depressions or elevated fossil reefs have c. inlet type: inlets in various forms are an coasts. the seagrass Zostera marina only a subsurface connection to the ocean integral part of the estuarine environment as predominates. In the South Atlantic and Calf but show tidal fluctuations. Differing from they regulate, to a certain extent. the velocity coast areas, Thalassia and diplanthera true estuaries in having no surface continuity and magnitude of tidal exchange. the degree predominate. the grasses in both areas with streams or ocean. this system is of mixing, and volume of discharge to the sea. support a number of epiphytic there are four major types of inlets: organisms. characterized by a distinct biotic Community class II--physical Characteristics dominated by benthic algae such as 1. unrestricted: an estuary with a wide, rhizxoclonium, the mineral encrusting unrestricted Wall typically has slow currents, group I--geologic schizothrix, and the vascular plant ruppia no significant turbulence, and receive the full A. Basin type: Coastal water basin occur maritima. characteristic fuana, which exhibit affect of ocean waves and local disturbances a high degree of endemicity. Include the which serve to modify the shoreline. these in a variety of shapes. sizes, depths, and estuaries are partially mixed, as the open appearances. The tight bade types discussed mollusks theodaxus neglectus and t. Mouth permits the incursion of marine waters cariosus, the small red shrimp metabetarus below will cover most of the cases: to considerable distances upstream, 1. Exposed Coast Solid rock formations or lohena and halocaridina rubra, and the fish heavy mad deposits characterize eleotris sandwicensis and kuhlia depending on the tidal amplitude and stream sandvicensus. although found throughout the gradlent. ocean sham fronts. which an subject to the 2. restricted: restrictions of estuaries can full force of ocean storms. The world, the high islands of the pacific are the only areas within the u.s. where this system exist in many forms: bars, barrier islands. are very resilient, although the dunes lying can be found. spits, sills, and more. restricted inlets result just behind the beaches are fragile and easily damaged. The dunes serve as a send B. basin structure: estuary basins may in decreased circulation. more pronounced result from the drowning of a river valley longitudinal and vertical salinity gradienta, area, making them chief stabilzers of the (coastal plains estuary), the drowning of a and more rapid sedimentation. however, if ocean shorefront. glacial valley (hord), the occurance of an the estuary mouth is restricted by 2. sheltered coast: sand or coral barriers, offshore barrier (bar-bounded estuary), some depositional freatures or land closures, the built up by natural forces, provide sheltered incomeing tide may be held back until it areas inside a bar or reef whom the tectonic process (tetonic estuary), or suddenly breaks forth into the basin as a ecosystem takes on MAY characteristics of volcanic activity (volcanic estuary). 28520 Federal Register/ Vol 49. No 125/ Wednesday, June 27, 1984/ Rules and Regulations such currents exert 1. Strollied: This is typical of estuaries 2. Subsurface water: This refers to the profound effect on the nature of the with a strong freshwater influx and is precipitation that has been absorbed by the substrate, turbidity, and biots of the estuary. commonly found in bays formed from soil and stored below the surface. The 3. Permanent: Permanent inlets are usually "drowned" river valleys, flords, and other distribution of subsurfaces water depends on opposite the mouths of major rivers and deep basins. There is a net movement of local climate, topography, and the porosity permit river water to flow into the sea. freshwater outward at the top layer and and permability of the underlying soils and Sedimentation and deposition are minimal. saltwater at the bottom layer, resulting in a rocks. There are two main subtypes of 4. Temporary (Intermittent): Temporary net outward transport of surface organisms surface water. inlets are formed by storms and freqently and nat inward transport of bottom a.Vodona water: This is water in the soil shift position, depending on tidal flow, the organisms. above the water table. its volume with depth of the sea and sound water, the 2. Non-stratified: Estuaries of this type are respect to the soil, is subject to considerable frequency of storms, and the amount of found where water movement is sluggish and fluctuation. littoral transport. flushing rate is low, although there may be b. Groundwater: This is water contained in D. Bottom Composition: The bottom sufficient circulation to provide the basis for the rocks below the water table is usually of compositoin of estuaries attest to the a high carrying capacity. This is common to more uniform volume than vedose water, and vigorous, rapid, and complex sedimentation shallow embayments and bays lacking a generally follows the topographic relief of the processes characteristic of most coastal good supply of freshwater from land land, being high below hills and sloping into regions with low relief. Sediments are drainage. valleys. derived through the hydrologic processes fo 3. Laggonal: An estuary of this type is erosion, transport, and deposition carried on characterized by low rates of water by the sea and the stream. movement resulting from a lack of significant Group III---Chemical 1. Sand: Near estuary mouths where the freshwater influx and a lack of strong tidal A. Salinity: This reflects a complex mixture redominating forces fo the sea build spits or exchange because of the typically narrow of salts, the most abundant being sodium other depositional features, the shores and inlet connecting the lagoon to the sea. chloride, and is a very critical factor in the substrates of the estuary are sandy. The Circulation, whose major driving force is distribution and maintenance of many bottom sediments in this area are usually wind, is the major limiting factor in biological estuarine organisms. Based on salinity, there coarse, with a graduation toward finer productivity within lagoons. are two basic estuarine types and eight particles in the head of the estuary. In the B. Tides: This is the most important different salinity zones (expressed in parts head region and other zones of the reduced flow, ecalogical factor in an estuary, as it affects per thousand--ppt). fine silty sands are deposited. Sand water exchange and its vertical range 1. Positive estuary: This is an estuary in deposition occurs only in wider or deeper determines the extent of tidal flats which which the freshwater influx is sufficient to regions where velocity is reduced. may be exposed and submerged with each maintain mixing, resulting in a pattern of 2. Mud: At the base level of a stream near tidal cycle. Tidal action against the volume of increasing salinity toward the estuary mouth. its mouth, the bottom is typically composed river water discharged into an estuary results It is characterized by low oxygen. of loose muds, silt, and transport from the upper in a complex system whose properties vary concentration in the deeper waters and result of erosion and transport from the upper according to estuary structure as well as the considerable organic content in the bottom stream reaches and organic decomposition. magnitude of river flow and tidal range. Tides sediments. Just inside the estuary entrance, the bottom are usually described in terms of their cycle 2. Negative estuary: This is found in contains considerable quantities of sand and and their relative heights. In the United particularly arid regions, where estuary mud, which support a rich fauna. Mud flats, States, tide height is reckoned on the basis of evaporation may exeed freshwater inflow, commonly built up in estuarine basins, are average low tide, which is referred to as resultin in increased saltnity in the upper composed of loose, coarse, and fine mud and datum. The tides, although complex, falls into part of the basin, especially if the estuary sand, often dividing the original channel. three main categories: mouth is restricted so that tidal flow is 3. Rock: Rocks usually occur in areas 1. Diurnal: This refers to a daily change in inhibited. These are typically very salty where the stream runs rapidly over a steep water level that can be observed along the (hyperhaline), moderately oxygenated at gradient with its coarse materials being shoreline. There is one high tide and one low depth, and possess bottom sediments that are derived from the higher elevations where the tide per day. I. . 1* I I 1 0 1 I I I w I I I I I I I I APPENDIX 15 ?. WLLS &WTLLARY MAMGER: I Jm DEscRIPTION I FBPJARM SANCrUARY MANAGER Salary: S 21400 - $25tooo 1,ocation: Wells National Estuarine Sanctuary, Wellat Maine Description: Professional conservation work in planning, directing, and managing all aspects of a national estuarine sanctuary. Employee is responsible for directing administrative services including budgets, personnel, and purchasing; c:oordinating scientific re-s6arch being performed; developing educational and concept plans; and developing and/or overseeing educational and media programs. Supervision @is exercised over Sanctuary staff and volunteers. Representative Tasks: - Develops and writes work program and annual budget for the Sanctuary. - Develops and writes annual reports that document and discuss major activities, issues, and management opportunities. - Selects, trains and evaluates Sanctuary volunteers, docents, and staff. - Enforces Sanctuary regulations. Prepares and/or supervises preparation of educational and interpretive concept plans, publications, exhibits, and demonstration areas. - Coordinates scientific investigations that advance the objectives of the Sanctuary. - Assists in preparation of financiai applications to funding agencies and organizations. Required Knovledge and Abilities: - Knowledge of natural area.management and administration. - Knowledge of biology, botany,- zoology, plant and animal ecology, and marine biology. - Knowledge of interpretive and educational methods and techniques. - Knowledge of dutdc,-c recreation planning. - Ability to determine prospective audiences for Sanctuary programs. Ability to communicate effectively in the spoken and written word. - Skill in operating small motorized watercraftl power tOO13 and equipment. 117 -2- minimum Qualifications: A BS/BA degree in natural science; Two years of experience in the management of a natural area that has involved education and research activities; (An advanced degree in business administration, natural area management or a related field is desirable.) DATE DUE GAYLORDINo. 2333 PRINTED IN U S A 3 6668 14108 0855