Final management plan North Carolina National Estuarine Research Reserve

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

North Carolina
National Estuarine

Research Reserve
Management Plan

COASTAL ZONE
INFORMATION CENTER

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National

Estuarine

Research

Reserve
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U.S. Department of Commerce

UNITED STATES

DEPARTMENT OF COMMERCE

FINAL MANAGEMENT PLAN

NORTH CAROLINA NATIONAL ESTUARINE RESEARCH. RESERVE

December 1990

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SC Prepared by:

U.S. Department of Commerce
National Oceanic and Atmospheric
Administration
National Ocean Service
1825 Connecticut Avenue, NW
Washington, DC 20235
Q_-
State of North Carolina
Department of Environment, Health,
and Natural Resource
Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611

TABLE OF CONTENTS

Chapler Pgge

Executive Summary ....................................... 1

Introduction ............................................ 4
A. Purpose and Scope of Plan ........................... 4
B. Background ................... ....................... 4
1. National Estuarine Research Reserve System
(NERRS) ..................................... 4
2. North Carolina National Estuarine Research
Reserve (NCNERR) ............................ 9

III. Management Background ................................... 12
A. General Description of the North Carolina
Estuarine Area .................................. 12
B. Regional Settings ................................... 12
1. Zeke's Island Component ......................... 12
a. Location and Access ......................... 12
b. Natural Environment ......................... 13
(1) Hydrology and Climate .................. 13
(2) Geology and Soils ...................... 16
(3) Biology ................................ 16
(4) Habitats ............................... 17
C. Human Environment .................. 18
(1) Local History and Socio-economic
Characteristics .................... 18
(2) Cultural Resources ...................... 20
do Present Uses ................................ 20
e. Local Activities That May Affect the
Component ............................... 21
2. Rachel Carson Component ......................... 21
a. Location and Access ......................... 21
b. Natural Environment ......................... 21
(1) Hydrology and Climate .................. 21
(2) Geology and Soils ...................... 24
(3) Biology ...................... o ... o..o.. 24
(4) Habitats ............................... 25
c. Human Environment ................... o ....... 26
(1) Local History and Socio-economic
Characteristics .................... 26
(2) Cultural Resources ..................... 28
do Present Uses ................................ 28
e. Local Activities That May Affect the
.Component ............................... 28
(1) Radio Island ..................... o ..... 28
(2) Maintenance Dredging ................... 29
3. Currituck Banks Component ....................... 29
a. Location and Access ......................... 29
b. Natural Environment .......................... 29

(1) Hydrology and Climate ......... ......... 29
.(2) Geology and Soils ...................... 32
(3) Biology ................................ 33
...(4) Habitats ............................... 34
Environment ............................ 35
(1)@ Local History and Socio-Economic
Characteristics ....... ............... 35
(2) Cultural Resources ..................... 37
d. Present Uses ................................. 37
e., Local Activities That May Affect the
component ........ I........ ............. 37
(1) - Ocean.Hill Development.@ ........ o ....... 37
4. McasonborolIsland Component..w...--, ................ 37
a. Location and;Access.,. .... :...,o ............... 37
b. Natural Environment ................ o.... 40
(1)A Hydrology and@Climate ... o.............. 40
.(2) Geology and Soils ...................... 40
(3) zBiology ............ I............o........... 41
(4) 'Habitats ..... .......... o.............. 43
C. Human Environment ... o ....... o ............... 44
(1) Local Historyand Socio-economic
Characteristics .................. o. 44
(2) Cultural-Resources .... o................ 46
d. Present Uses ................. ................ 47
e. Local Activities That May Affect the
Component... o ... *** - '*** ... 47
(1) Mainland,Development ........ @o .......... 47

TV. The Plan ........... o .................................... o 48
A. The NCNERR Multi-component System ............... o... 48
1. General ............................ o ............ 48
2. General Description of and Relationship
among the NCNERR and Its. Components ......... 48
B. NCNERR Management Goals ............................. 49
C. General Policies ......o ....... o.................... 0 50
D. Administration/Management Structure ....... o ......... 51
1. Administrative/Management Framework.-... ......... 51
a. General... ........ o ........... o ........... o... 51
(1) Department of Environment., Health,
and Natural Resources .............. 51
(2) Involvement of-Other Agencies ........ o. 51
b. NCNERR Staffing .................. o........... 54
(1) NCNERR Reserve Coordinator ............. 54
(2) NCNERR Research Specialist ............. 55
(3) NCNERR Education Specialist ............ . 55
c. Advisory Committees and Review Panels....... 56
(1) Local Advisory Committees .......... o... 57
d. Private Organization Involvement ............ 57
(1), Society for Masonboro Island ....... o_ 57
2. Enabling Agreements ........ 58
3. Federal Government-NOAA Review .................. 58
a. Communication with NOAA ......... o........... 58

b. Federal Funding ............................. 58
C. Designation ................................. 59
d. Performance Evaluations ..................... 59
E. -Research and Monitoring Program ..................... 59
1. Goals@ ............. ;............................ 60
2. Research Priorities .............. I............... 61
a. NERRS National Research Priorities .......... 61
(1) Initial Baseline surveys.i ........... 62
(2) Environmental Monitoring. ......... __ 63
(3) Specific Research Projects ............. 63
b. NCNERR Program Research Priorities .......... 64
(1) Zeke's Island .................... o ..... 64
(2) Rachel Carson .................. - ..... 65
(3) Currituck Banks ....... o@ ................. 65
(4) Masonboro Island ....................... 66
3. NCNERR Policies and Procedures for Research ..... 66
a. Procedures for NOAA-Funded NCNERR Research.. 68
b. Procedures for State-Funded NCNERR Research. 69
C. Procedures for other NCNERR Research ........ 69
4. Monitoring Program ............................... 69
5. Recruitment of Researchers for the NCNERR ....... 70
6. Coordination of Research/Monitoring Efforts ..... 70
a. Coordination among NCNERR Components ........ 71
b. coordination with the NERR System ........... 71
c. Coordination with Other Coastal, Estuarine,
and Natural Area Programs ............... 71
7. Information Dissemination.... .................. 72
F. Education and Interpretation Program ................ 73
1. Goals ....................................... i@ ... 73
2. Framework/Policies .............................. 74
3. Programs ........................................ 76
a. Types of Program ............................. 76
b. Individual Components... ... 77
(1) Zeke's ... 77
(2) Rachel Carson ....... 77
(3) Currituck Banks ... i. 78
(4) Masonboro Island .... 78
C. Possible Topics ..... __i_ ....o .......... 78
d. Coordination.. .........o .................... 79
(1) Coordination among Components .......... 79
(2) Coordination with the NERR System ...... 79
(3) Coordination with Ekisting Education
Programs ........ i_ ............ o_ 79
G. Volunteer Programs .....o o........................ 80
1. Goals.... o .......... oles.1411:- ....o ........... 81
2. Proposed Program.. o o6o .... o..o .......o 81
H. Resource Protection .... 82
1. Goals ............... 82
2. Policies .................................... o ... 83
a. Recreation .................................. 84
b. Off-Road Vehicles/Access.... ....... ...... 87
c. Fishing and Hunting ......................... 89

d. Disposal of Dredge Material ................. 90
e. Feral Horses ......................... 91
3. Existing State and Local Regulations/jurisdiction
Affecting the NCNERR ........................ 92
a. North Carolina Coastal Area Management Act.. 92
b. North Carolina Coastal ReserveAct .......... 92
c. North Carolina Coastal Reserve Act .......... 92
d. State Nature Preserves Act .................. 92
e. Public Trust Doctrine ........................ @92
f. Division of Marine Fisheries ................ 93
g. Wildlife Resources Commission ............... 93
h. Cultural Resources... ........................ 93
i. Land Use and Zoning ......................... 93
4. Surveillance, Enforcement, and Maintenance ...... 94
a. Surveillance and Enforcement ................ 94
b. Maintenance ................ i................ 96
I. Facilities Development and Equipment ................ 96
1. Zeke's Island ................................. - 97
2. Rachel Carson .................................... :97
3. Currituck Banks ................................. 98
4. Masonboro Island ................................ 98
J. Boundaries and Acquisition 99
l.' Zeke's Island ......... 100
a. Key,Land and Water Area (Core) .............. 100
b. Buffer Area ................................. 100
c. Acquisition ............................. .... 100
2. Rachel Carson ............. i ...................... 100
a. Key Land and Water Area (Core) .............. 100
b. Buffer.Area ................................. 101
c. Acquisition ................................. 101
3. Currituck Banks ................................. 101
a. Key Land and Water.Area (Core) .............. 101
b. Buffer Area ................................. 101
c. Acquisition ................................. 101
4. Masonboro Island ................................ 102
a. Key Land and Water Area (Core) .............. 102
b. Buffer Area ................................. 102
c. Acquisition ................................. 102
K. Public Access ....................................... 102
1. Policy .......................................... 102
2. Current Access Rules and Schedules .............. 103
a. Zeke's Island ............................... 103
b. Rachel Carson ................................ 103
c. Currituck Banks ............................. 103
d. Masonboro Island ............................ 103
L. Proposed Implementation and Timetable ............... 104

V. List of Preparers ...........I ............................. 106

VI. References ............................................. o 107

LIST OF FIGURES

Figur Page

Designated and-Proposed National Estuarine
Research Reserves .................................... 8

North Carolina National-Estuarine Research Reserve ...... 11

3 Vicinity Map: Zeke's island Component...,.. ............. 14

.4 Boundary and Habitat Map:,
Zeke's Island Component .............................. 15

i'5 Vicinity Map: Rachel Carson Component ................... 22

6 Boundary and Habitat Map:
Rachel Carson Component.....@ ....................... 23

7 Vicinity Map: Curtituck Banks Component ................ 30

Boundary and Habitat Map:
Currituck Banks Component ............................. 31

9 Vicinity Map: Masonboro Island Component ............... 38

Boundary and Habitat Map:
Masonboro Island ..................................... 39

.11 NCNERR Management Structure .............................. 52

LIST OF TABLES

Table

1. Implementation of the Reserve Management Plan .......... 105

APPENDICES

Appendix

A NCNERR Component Typology and Biogeography

B State-Assignment of Management Responsibility

C Departmental Rules for the NCNERR

D Federal Reserve-Regulations

Memoranda of Understanding

F Coastal Reserve Act

G Dedication of@the Reserve.as a State Nature
Preserve

ACRONYMS

CAMA North Carolina Coastal Area Management Act
CMSR Center for Marine Science-Research -.UNCW
CRC Coastal Resources Commission
CZMA Federal Coastal Zone Management Act
DCM North Carolina Division of Coastal Management
DEH&NR North Carolina Department of Environment, Health, and
Natural Resources
DEM North Carolina Division of Environmental Management
DMF North Carolina Division of Marine Fisheries
DPR North Carolina Division of Parks and Recreation
EIS Environmental Impact Statement
EPA United States Environmental Protection Agency
FWS United States Fish and Wildlife Service
LAC Local Advisory Committee
MOU Memorandum of Understanding
NCA-FF North Carolina Aquarium at Fort Fisher
NCA-PKS North Carolina Aquarium at Pine Knoll Shores
NCA-Ri North Carolina Aquarium at Roanoke Island
NCMM North Carolina Maritime Museum
NCNERR North Carolina National Estuarine Research Reserve
NERRS National Estuarine Research Reserve System
NCSU North Carolina State University
NOAA National Oceanic Atmospheric Administration - United
States Department of Commerce
RAC Research Advisory Committee
RRP Research Review Panel
SMI Society for Masonboro Island
SRD Sanctuaries and Reserves Division
UNCIMS University of North Carolina Institute of Marine
Science
UNCW University of North Carolina at Wilmington
WRC North Carolina Wildlife Resources Commission

Vii

,*,"I OF CO
op
UNITED STATES DEPARTMENT OF COMMERCE
The Under Secretary for
Oceans and Atmosphere
'9"'4rES Washington, D.C. 20230

DESIGNATION OF THE NORTH CAROLINA
NATIONAL ESTUARINE RESEARCH RESERVE
MASONBORO ISLAND COMPONENT

Consistent with the provisions of Section 315 of the Coastal Zone
Management Act, 16 U.S.C. 1461, the State of North Carolina has
met the following conditions to establish Masonboro Island as a
component of the North Carolina National Estuarine Research
Reserve.

1) Masonboro Island is a representative estuarine ecosystem
that is suitable for long-term research and contributes to the
biogeographical and topological balance of the National Estuarine
Research Reserve System.

2) North Carolina state law provides long-term protection
for reserve resources to ensure a stable environment for
research.

3) Designation of Masonboro Island as a reserve component
will serve to enhance public awareness and understanding of
estuarine areas and provide suitable opportunities for public
education and interpretation.

4) The State of North Carolina has complied with the
requirements of the regulations relating to designation of a
National Estuarine Research Reserve.

Accordingly, I hereby designate the area of Masonboro Island as a
component of the North Carolina National Estuarine Research
Reserve, the boundaries of which are specified in the Final
Management Plan.

o n A. Knauss
Under Secretary for Oceans
and Atmosphere

THE ADMINISTRATOR

1. EXECUTIVE SUMMARY

Section 315 of the Federal Coastal Zone Management Act of 1972
established the National Estuarine Reserve Research System
(originally called the National Estuarine Sanctuary Program) as a
federal/state cooperative venture. Federal matching grants are
available to coastal states to develop and manage a national system
of estuarine research reserves which 'are representative of various
regions and estuarine types in the United States. In addition,
annual grants for research and education projects are available.
The goal of the program is to protect areas of representative
estuaries, including valuable wetland habitat, for use as natural
field laboratories. National Estuarine Research Reserves are
established to: 1) provide opportunities for long-term estuarine
research and monitoring; 2) provide opportunities for estuarine
education and interpretation; 3.) provide a basis for more informed
coastal management decisions; and 4) promote public awareness,
understanding and appreciation of estuarine ecosystems and their
relationships to the environment as a whole.

North Carolina ranks third among all states with a total
estuarine area of approximately 2.2 million acres (Davis and Hart,
1979), and includes portions of the Middle Atlantic sub-region of
the Virginian biogeographic region and the Northern Carolinas
sub-region of the Carolinian biogeographic region. Because of this
extensive estuarine area and its diversity, a multi-component
reserve was proposed by @the North Carolina Department of
Environment, Health, and Natural Resources/ Division of Coastal
Management (DCM) in 1982. Following recommendations from various
sources, four components were selected: 1) Zeke's Island, 2)
Rachel Carson, 3) Currituck Banks, . and 4) Masonboro Island.
Biogeographic classification and. estuarine typology of each
component are shown in Appendix A.

Land comprising the four components -is owned in fee simple by
the State of North Carolina. The DCM'.has been designated as lead
agency for management of the components and development of the
reserve program (see Appendix B),. The.Zeke's Island Component is
located in Brunswick-New H anover counties, just south of Kure
Beach. The Rachel Carson Component is located'in Carteret County,
near the historic town of Beaufort., The Currituck-Banks Component
is located in Currituck -County, just north of the village of
Corolla. The Masonboro Island Component is an entire barrier
island located in New Hanover County between the. towns of
Wrightsville Beach and Carolina Beach..

The purpose of the North Carolina. National Estuarine Research
Reserve (NCNERR) is to establish and manage,the four Icomponents as
natural laboratories and develop a coordinate.d-program of research
and education for the reserve. A coordinated management approach

will be used involving the DCM; f e.deral'. state, and local agenci.es
private organizations; and advisory committees.

Reserve staff include a program coordinator (based@ in
W'ilmington).., research specialist -(based in Wilmington), :and
education specialist (based in. Beaufort) The program coordinator.
oversees administrative functions''and the'research and education .
programs,@ and acts as liaison to' the National 'Oceanic and
Atmospheric Administration (NOAA) and Estuarine Research Reserve'
programs-of otherstates. The research and education,specialists
coordinate their respective activities for all the components, with.,
particular emphasis placed on the Masonboro. Island Component for
research and the Rachel Carson Component for education.

Management of the components is facilitated by memoranda of
understanding (MOUs), volunteer efforts, and direct staff
involvement. The reserve coordinator and research specialist
oversee the Zeke I s Island and Masonboro Island components. The
Division of Parks and Recreation patrols a portion of the Zeke's
Island Component. The education specialist also serves as site
manager for the Rachel Carson Component. The Currituck Banks
Component is patrolled by the U.S. Fish and Wildlife Service. The
reserve coordinator makes at least quarterly visits to all
components.

The reserve research and education specialists gather and make
available information necessary for improved understanding,
appreciation, and management of North Carolina estuaries and
estuarine systems in general. Though no on-site facilities exist
research and educational institutions have facilities available for
use in the vicinity of each component. Component use requirements
(see Appendix C) are enforced to protect the natural integrity of
the reserve. The NCNERR coordinates activities with other
estuarine research and educational programs throughout the state,
Middle Atlantic Region, and the National Estuarine Research Reserve
System to attain maximum benefits for coastal management
decisionmaking.

Natural resources that have been preserved by reserve
designation include four biologically diverse, highly productive
estuarine systems composed of intertidal wetlands, open waters, and
uplands with salinities ranging from 0 to 35 ppt. The four reserve
components support various rare plant and animal species.
Nationally threatened loggerhead sea turtles nest at the Zeke's
Island, Rachel Carson, and Masonboro Island components. Brown
pelicans and ospreys are commonly seen at the four components, as
are nesting colonies of waterbirds. Pristine remnants of maritime
forest are also found in the reserve.,

Traditional activities at the reserve components include
commercial and sport fishing, hunting, swimming, recreational
boating, and environmental education programs. All of these

traditional uses. will be allowed to continue subject to state'
regulations.,

.It is the responsibility -of the reserve staff- to be
knowledgeable-and involved with land us'eissues in the vicinities
of* the components that could impact the reserve. An essential part
of this., task is regular monitoring-,. by the reserve staff and
6ncerned citizens, of adjacent development and 'other nearby land
uses.

This plan. is in, accordance with 'all relevant state, locall, and
federal rI egulatIions 'and is consistent, with the" ob'JectiVes
federal, sItate, .and'local land use plans, policies, 'and dont'rPis,
for the areas concerned.

IL INTRODUCTION

A. Purpose and Scope of Plan

The State of North Carolina established the North Carolina
National Estuarine Research Reserve (NCNERR) to provide,
representative natural areas f or long-term research, monitoring,
and education. The mission of the research reserve program is
to improve coastal resource management by increasing scientific
understanding of, estuarine systems and provide useful
information for decisionmakers and the public. This plan will
ensure that activities planned f or the reserve program are
consistent with this primary mission.

This management plan has been developed according to NOAA
regulations (15 CFR Part 912) given in Appendix D, using
information derived from research and public input. it is
consistent with the congressional intent of the NERRS, the
NOAA-State of North Carolina MOU concerning the NCNERR, and the
provisions of the North Carolina Coastal Management Program.

i The purpose of this management plan is to inform interested
parties about the reserve and activities that will be conducted.
Though it is long-term in scope, the plan will be reviewed by
NOAA every two years and revised every five years.

B. Background

1. National Estuarine Research Reserve System (NERRS)

In response to intense pressures on the coastal resources
of the United States, Congress enacted the Coastal Zone
Management Act (CZMA) . This act was signed in to law in 1972,
amended in 1976, 1980, 1986, and 1990. The CZMA authorized
a federal grant-in-aid and assistance program to be
administered by the Secretary of Commerce, who in turn
delegated this responsibility to the Assistant Administrator
for Ocean Service and,,'Coastal Zone Management within NOAA.

The act and its amendments af f irm a national interest in
the effective protection and careful development of the
coastal zone by providing financial and technical assistance
to U.S. coastal states and territories to voluntarily develop
and implement coastal zone management programs. , The act
established a variety of grant-in-aid programs to coastal
states for purposes of:

Developing coastal zone management programs (Sec. 305);

- Implementing and administering coastal management programs
that receive federal approval (Sec. 306);

- Avoiding or minimizing adverse environmental, social, and
economic impacts resulting from coastal energy
activities (sec. 308);

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

- Conducting research, study and training programs to provide
scientific and technical support to state coastal
management programs. (Sec. 310); and

Establishing national estuarine research reserves. Funds
are available to assist states in the acquisition,
development, and operation of reserves, and to
support research, monitoring, and education or
interpretation programs (Sec. 315);

Recognizing the need to address threats to the important
and sensitive estuarine areas throughout the county, Congress
established the National Estuarine Sanctuary Program as
Section 315 of the CZMA (see Appendix D) . The reauthorization
of CZMA in 1986 included an amendment changing the name of the
program to National Estuarine Research Reserve System,
reflecting a stronger emphasis on research. What were
formerly "sanctuaries" are now called "research reserves."
The goal of the program is to create a system of reserves that
represent distinct estuarine ecosystems found nationally.and
to manage these areas for long-term,research and education.
Although the program is national in scope, individual states
are responsible for implementation and administration of their
own programs.

Coordination of the NERRS- is provided by NOAA,'
specifically the Sanctuaries and Reserves Division (SRD) . In
this management plan, the coordinating entity will be referred
to simply as NOAA, with the understanding the SRD is actually
the responsible division within NOAA.

Regulations revising the rules for NERRS were approved
as Interim Final Rule in Vol. 55, No. 141 of the Federal
Register in July 1996. This management plan is consistent
with these regulations. NOAA will conduct periodic
performance evaluations of a reserve at least once every four
years. Evaluations may be conducted more frequently as
determined necessary by NOAA. These evaluations are required
by Sections 312 and 315 of the Coastal Zone Management Act
(CZMA) and will follow the evaluation procedures described in
Section 312. Evaluations may assess all aspects of reserve

operation and management, or they may focus on selected
issues. Evaluations@ may also examine whether a reserve is in
compliance with NERRS designation regulations, and
particularly whether the ope .rations 'and management of the
reserve are consistent with and further the missio.n.and goals
of the NERRS.

if performance evaluations reveal that the.operation and
management of the reserve is deficient or that research is
inconsistent with the estuarine reserve guidelines, the
eligibility of the reserve for federal assistance may be
suspended until the situation is remedied. If the
deficiencies are not remedied within a reasonable amount of
time, NOAA may initiate a process to withdraw designation of
the reserve.

To ensure that the NERRS includes sites that.adequately
represent regional and ecological differences, the NERRS
regulations establish a biogeographical classification scheme
that reflects regional differen 'ces in biogeography and an
estuarine typology system which includes a variety of
ecosystem types (see Appendix D for a map of the biogeographic
regions of the United States). The North Carolina National
Estuarine Research Reserve (NCNERR) lies.in both the Middle
Atlantic sub-region of the Virginian biogeographic region and
the Northern Carolinas sub-region of the Carolinian
biogeographic region.

At the present time, eighteen reserve sites have been
designated across the country (Figure 1) . Designated reserves
are:

Research Reserve Biogeographic classirication

Wells Acadian
York County, Maine

Great Bay Acadian
Great Bay, New Hampshire

Waquoit Bay Virginian
Mashpee and Falmouth, Massachusetts

Narragansett Bay Virginian
Newport County, Rhode Island

Hudson River (4 components) Virginian
Hudson River, New York

Research Reserve Biogy@ographic Classification

Chesapeake Bay, Maryland (3 components) Virginian
Anne, Anmdel, Harford, Prince Georgo's,,
and Somerset counties

North Carolina (4 components) Virginian/Carolinian
Brunswick, Carteret, Currituck,
and New Hanover counties

Sapelo Island Car olinian
McIntosh County, Georgia

Rookery Bay West Indian
Collier County, Florida

J
obos Bay West Indian
Puerto Rico

Apalachicola River/Bay Louisianan
Franklin County,'Florida

Weeks Bay Louisianan
Baldwin County, Alabama

Tijuana River Californian
San Diego County, California

Elkhorn Slough Californian
Montery County, California

South Slough Columbian
Charleston, Oregon

Padilla Bay Columbian
Skagit County, Washington

Old Woman Creek Great Lakes
Erie County, Ohio

Waimanu Valley Insular
Island of Hawaii, Hawaii

In addition, California-San Francisco Bay (San Francisco
Bay), New York-St. Lawrence River Basin '(Acadian), Delaware
(Virginian), Virginia (Virginian), and South Carolina
(Carolinian) have proposed sites to be 'included as National
Estuarine Research Reserves and are in the process of producing
environmental impact statements and management plans.

4/90
The National Estuarine Reserve
Resea r-ch System-.
Padilla
y
.@a
FJ
GQ St. Lawrcirice
. . . . .....
River BdIJ111
e
W lls
-Z
N
Great Bay
South Slough
............ _._1K*. i*. Waquoit Bay
U ........ .........
(D
Narragansett Bay
i! @ Mji ji:ii i

@J
Old
rt
M
San Fran Chesapcakc Bay, MD
cisco Bay
/I .........
M
Chesapeake Bay, VA
H
Elkhorn Slough
North Carolina
0

0
(D . .....
North Inlet
....... ..............
0
....... ...
En M
ACE Basin
Tijuana River
(D Z Xxxx@%
Sapelo Island
rt X..

0
A
Wairnanu
J la
F_
cc S
Valley,,Hl
Bay
Proposed
rt
,Rookery 'Bay:
9'. Designateld
Jobos Bay, PR

National -Oceanic and Atmospheric Administration
Sanctuaries and Reserves Division
Office of Ocean and Coastal Resource management
(L
@ 4w_z

1825 Connecticut Avenue,, NW
Washington, DC 20235 (202)-673-5126

2. North Carolina National Estuarine Research Reserve (NCNERR)
the participation of North Carolina in the NERRS is based
upon the recognition that the state contains a vast wealth
of estuarine area that,is being affected by.associated changes
in land uses, including rapid development of coastal barrier
islands. Other obvious impacts include the closing of
thousands of the acres of shellfish beds due to high fecal
coliform levels.and,-the recent presence of red-sore disease
in fish and crabs of the Albemarle-Pamlico Sound. Thus fewer
and fewer 'undisturbed or unpolluted areas remain for
scientific study and public education.

In response to these trends.and concerns, the State of
North Carolina had for several years been actively considering
the establishment of estuarine reserves in general and the
preservation of specific,sites as unique natural areas. The
NERRS helped bring these reserve plans to fruition.

A site selection process was initiated by the North
Carolina Department of Natural Resources and Community
Development (now the North Carolina Department of Environment,
Health, and Natural Resources (DEH&NR]) in early 1980 to
determine the most representative areas in the state
appropriate for inclusion in the proposed reserve (then called
sanctuary). Detailed inventories of 112 important natural
areas were reviewed and nominations were solicited from over
fifty key parties (state and federal agencies, researchers,
coastal environmental groupsY and private * citizens) .
Personnel from the federal office of Coastal Zone Management
(now SRD) and DEH&NR visited and evaluated these potential
.,sites along the coast in 1981.

The-twenty-eight sites that were nominated as potential
estuarine reserves in North Carolina encompassed examples of
@highly:diverse estuarine habitats. The 2.2 million acres of
estuaries delineated by approximately 4,500 miles (7,200 km)
of estuarine shoreline are naturally divided by: portions of
two major biogeographic regions--Virginian and Carolinian,
salinities that range from oligohaline to euhaline, various
estuarine basin types @and geomorphic features associated with
both barrier islands and the mainland, and water level
'fluctuations determined by either semi-diurnal or
wind-influenced tides. For these reasons it was essential
that a multiple site system be developed to adequately
r
resent the complexity of the North Carolina estuarine
ep
system.

Because most of the sites nominated are viable candidates
for reserve status from a physical/biological standpoint, the
Division of Coastal Management (DCM) sought to incorporate
various practical considerations into the selection process:

Natural area significance (biotic communities,
threatened and endangered species);

Developme.nt'pressute;.

Estuarine research-edudatiQn potential;

- Availability of land that would constitute a natural,
y.et manageable.estuarine unit;

- Local interest inestuarine preservation;

- Accessibility;

- Lack of on-site disturbance; and

- Compatibility of adjacent land uses.

After careful analysis the DCM staff determined that the
estuaries associated with the'coastal barrier islands deserved
priority consideration because of' the relatively greater
development .'pressure on these areas compared to the mainland.
Several such estuarine areas that, were available for
acquisition were also known to be highly desirable sites for
research by local universities or colleges. Similarly, public
sentiment favored preservation of these sites for education
and traditional hunting and fishing.- By combining all of
these factors with thephysical/biological variations of the
North Carolina estuarine. system, DCM selected four
sites--Zeke's Islandl Carrot Island-Bird Shoal (now called
Rachel Carson) , Currituck Banks, and. Masonboro Island (Figure
2). - Each of these selections represents a distinctly
different estuarine typology or biogeographic region (see
Appendix B) according to the revised regulations.

r Gates CURRITUCKBANKS
@Hertfoq--Ivi

0 Kitty Hawk
Bertie

41,
Manteo
;Tyrrell
Wash ingto.n/ 'Dare

Beaufort
Hyde

Cape'Hatteras
e, Craven

Pamlico

L
Onslow
RACHEL CARSON..

Pander Cape Lookout

Wilmi t

Wrightsville Beach
MASONBORO ISLAND

Brunswick
..-Southport Ca.rolina Beach
ZEKE'S ISLAND 0000 %ftaft
Cape Fear

SCALE: 11" 19 miles (approx.)

Figure 2. North Carolina National Estuarin-e Research Reserve

II I. MANAGEMENT BACKGROUND

A. General Description of the North Carolina Estuarine Area

The 2.2 million-acre estuarine area of North Carolina is
part of the coastal plain, a physiographic. province that evolved
over tens of thousands of years as changes in climate and ocean
level'influenced deposition and erosion of vast quantities of
sand, silt, and clay. The majority of these ., sediments at one
time or another were. part of the ocean bottom or mountains,
primarily the Appalachians. In the mountains, constant physical
and chemical weathering gradually reduced rocks to sediments
which were carried to the coast by streams and rivers to mix
with other sediments and become beaches, dunes, flats, marshes,
shoals, and sound bottoms. Processes that developed the coastal
landscape are still at work, constantly changing the
relationship between water and land.

The barrier islands that compose portions of the four
reserve components are the eastern edge of the coastal plain.
Although there are different theori 'es about how the islands were
created, one of the most widely accepted explanations is that
these islands were created by a process known as mainland beach
ridge drowning (Hoyt, 1967).

Before the glaciers began to recede 10,000 to 14,000 years
ago, dunes had f ormed along the seaward edge of the mainland.
The rapid rise in water level from the melting glaciers flooded
the low areas behind the dunes, creating shallow sounds bordered
by developing barrier islands. When sea level rise slowed to a
fairly constant rate of one foot per century some 5,000 years
ago, the new barrier islands were able to build up, enabling
plants to take hold and bind the sediments.

It is thought that the islands are migrating or moving
landward as sea level rises. Evidence of this process, known as
"erosion" to most beach-goers, can be inferred from ocean beach
exposures of old sound-side marsh peat, oyster/clam shell
deposits, or stumps of former mid-island maritime forest trees.

B. Regional Settings

1. Zeke's Island Component

a. Location and Access

The Zeke's Island Component is located in

Brunswick/New Hanover counties, approximately f our miles
(6.4 km) south of Kure. Beach (See Figures 3 and 4). The
component is bounded by the Atlantic Ocean to the east, the
Cape Fear River to the west, Bald Head Island State Natural
Area to the south, and the Fort Fisher State Recreation
area to the north. Nearby towns and cities include
Carolina Beach (5 miles/8 km), Southport (7 miles/13 km),
Wilmington (23 miles/37 - km) , and Wrightsville Beach, (25/40
km miles) . The component is located one-half mile (0.8 km)
south of the N.C. Aquarium at Fort Fisher (NCA-FF) , one
mile (1.6 km) south of the Fort Fisher State Historic Site
and Museum, and six miles (9.6 km) south of Carolina Beach
State Park. The state Department of Transportation
operates the Fort Fisher-Southport ferry from a terminal
located . approximately 100 yards (91 m) north of the
component.

U.S. Route 421 provides access to the component where
visitors may: 1) walk on a rock jetty ("The Rocks") to
Zeke's Island, 2) use the public boat ramp (maintained by
the state Wildlife Resources Commission) and parking lot,
.or 3) drive on an unimproved beach/backdune road (Ramsgate
Road) which runs from U.S. 421 to New Inlet. Access within
the component is primar 'ily by private boat except for the
jetty and off-road-vehicle (ORV) road. In addition, the
state Division of Parks and Recreation maintains a
pedestrian beach access facility and vehicular dune
crossover areas north of the component near the N.C.
Aquarium at.Fort Fisher (NCA-FF).

The primary local facility utilizing the component
for education purposes . is the NCA-FF. There is also
considerable daily use by commercial and sport fishermen
because of the public boat ramp. Local sport fishermen
also drive Ramsgate Road to New Inlet.

b.Natural Environment

(1) Hydrology and Climate

The estuary of the Zeke's Island Component is
generally quite shallow with the deepest tidal'creeks
measuring less than ten feet (3 m) in depth. The,
salinity of The Basin is typically near that of sea
water (35 ppt - euhaline) because of regular ocean
tides through New Inlet, although some fresh water
leaks through The Rocks from the Cape Fear River at
the western edge of the component.. The semi-diurnal
tide range is up to six feet (2. m).

Estuarine water quality within the component
waters is classified by the state Division of

Fort Fisher

?0001 Mll

New Inlet

Smith Island

North Carolina Nalional EsItuarine

Research Reserve

Cape
)'life Mll
Figure 3. Zeke's Island'Component Vicinity

North Carolina National Estuarine
Rese-a rch R eserv e
Zekes Isla nd

Shrub Thicket

High Marsh

The Basin

cc Low Marsh

Tidal Flat

cc-
D u a e 9

ZekP 5 1 s I
Beach

Maritime forest

Boundary
lip
F@

Scale 1:2000
Ae

North Island N

W*-

New Inlet

Figure 4. Boundary and Habitats of the Zeke's Island Component

Environmental Management (DEM) as 11SA11,, except for a
100-foot (32 m) radius within the public boat ramp.
The 11SA11 category allows for the 'collection 'of
shellfish, swimming, and other water-based activities.
The 11SC11 classification for the ramp area means that
no shellfish may be taken nor is swimming permitted
due to high coliform counts, but finfish may be taken.
The ocean beach portion of the component has 11SB11
waters which 'may be used for swimming, but not
shellfish harvest.

There is no weather -station in the immediate area
of the'component,.but general climatic information is
available f rom nearby Wilmington. The mean annual air
temperature is 63.70F (19.OOC) with extremes of 1040F
(40 C) and -20F (-18.80C) . Normal annual -precipitation
is 53.3 inches (133.3 cm). The annual probability of
a hurricane is approximately seven percent (NOAA,
1951-81; U.S. Dept. of the Interior, 1980).

(2) Geology and Soils

The Zeke's Island Component is composed of Recent
and Pleistocene sediments (up to one million years
old) situated on the Pamlico Terrace of the North
Carolina coastal plain. The varying combinations of
sand, silt, and clay are derived from both marine and
terrestrial origins.

Soils of the component exhibit little horizon
development and thus reflect the relatively young age
of the sediments. 'Beach and dune areas are classified
in the Newhan-Corolla association and consist of
porous sands that are excessively well-drained and low
in nutrients. The Duckston series is found in dune
flats and drainage swells is similar in profile to the
previous soils, but occurs nearer to the water table.
Poorly-drained sands mixed with organic matter in
intertidal and supratidal marshes are classified in
the Carteret series (SCS, 1977).

(3) Biology

The component vegetation includes pristine
examples of barrier island communities found in this
region. Dunes dominated by sea oats occur from the
upper beach drift line back to the secondary dunes
where they mix with other grasses (e.g., saltmeadow
cordgrass, panic grass) and forbs (e.g., seaside
goldenrod, spurge, gaillardia, sand primrose) to form
a stable grassland. Shrub thicket and maritime forest
consisting of live oak, loblolly pine, wax myrtle,

yaupon, and red cedar occur where salt spray and
saltwater flooding do not prohibit woody plant growth.
Extensive salt marshes are found throughout the
component with intertidal areas dominated by saltmarsh
cordgrass and supratidal flats containing a mixture of
saltmeadow cordgrass, salt grass, black needlerush,
sea ox-eyet glasswort, and sea lavender. Amaranthus
numilus, 4 species with threatened status (federal),
occurs on upper beaches and foredunes of the
component.

Fishes, shrimps, crabs, clams, and oysters use
the estuary.as a nursery ground where young organisms
take advantage of the shallow protected waters and
abundant f ood. The component serves as a nursery
habitat in the development of numerous commercially
important species found throughout the area.

Atlantic loggerhead sea turtles, a
f6derally-listed species, occasionally nest on the
sitels :ocean beach. Other endangered or threatened
fauna reported from or near the site include: bald
eagles, piping plovers, and green turtles. Atlantic
bottle-nosed dolphins swim in the adjacent ocean
waters and occasionally enter the component via New
Inlet., Humpback whales and pygmy spermwhales have
been sighted just offshore from the barrier spit.

The expanse of intertidal flats in the Zeke's
Island area is one: of the most important shorebird
habitats in southeastern, North Carolina. A variety of
species have been recorded, among them are dunlins,
black-bellied plovers, short-billed dowitchers, white
ibises, great blue herons, snowy egrets, Louisiana
herons, black ducks, mallards, and pintails.

Mammals observed within the component include
opossums, raccoons, grey foxes, marsh rabbits, and
cotton.,rats. North Island affords the best habitat
for many of these species because of its size,
stabilized.dunes, and available freshwater.

(4) Habitats

77dalflats consisting of sand and mud host numerous
4
shellfish, marine worms, and other
benthic organisms;

Interfidal aow) salt marshes dominated by saltmarsh cordgrass
are a primary source of rich organic
detritus which is flushed by diurnal

tides into the.,surrounding estuarine
nursery waters for benthic organisms
and juvenile fish to feed upon;

Supratidal (high) salt marshes contain amixture of black
needlerush, sea ox-eye, saltmeadow
cordgrass, glasswort, salt grass, and
sea lavender and are flooded by spring
or,storm tides;

Shrub thicket grows above the high marsh and typically
contains sporadic clumps of stunted
trees, shrubs, and vines such as live
oak,.-red cedar,.yaupon, silverling,
and greenbrier;

Maritimeforest on the west side,of North Island is
dominated by well developed stands of
loblolly pine and live oak;

-Dune areas are vegetated with clumps of sea oats,
camphor weed, seaside goldenrod, sea
elder, and sand primrose;

Sandy beach extends from the low tide line to the base
of the dunes; this dynamic habitat is
devoid of rooted plants, but is
inhabited by intertidal mollusks and
crustaceans; and

Rockjetty (The Rocks) -provides, a hard substrate for the
attachment of sessile organisms.

c. Human Environment

(1) Local History and-Socio-economic Characteristics

Between 1663 and 1666 the New England explorer,
William Hilton, explored the lower Cape Fear area. He
entered through Old Inlet, sailed upriver past the
present reserve', site and continued upstream
approximately 60 miles.. Encouraged by Hilton's
reports of the area, a group of hopeful colonists set
sail in several ships f rom Massachusetts Bay Colony in
the winter 'of 1663@1664. For reasons not entirely
clear, this early attempt to settle the area failed
after a very short time.. From 1664 to 1667 there were
ill-fated attempts.'to establish and maintain a colony
of Barbadians along the Lower Cape, Fear. This
settlement soon failed ,due, to a combination of
inadequate, external support, internal dissension, and

increasingly hostile' relations with local Indians.
The lower Cape Fear then reverted to its native
inhabitants for more than a century. It is unknown
whether these Native Americans or their ancestors made
use of the Zeke's Island vicinity for fishing,
hunting, and the gathering of shellfish (Sprunt,
1916).

Permanent European settlement along the Lower
Cape Fear finally began in the mid-1770s with the
construction of Brunswick town locat ed on the west
.bank of the river, a short distance upstream from the
present reserve area. Within a few years, plantations
were carved out along the west bank of the lower
portions of the river (Lee, 1965).

A violent storm in 1761 opened New Inlet,
probably at the narrow section of beach used as a
"haul over." Located about two miles north of its
present location, the inlet ran northeast from the
Cape Fear River past Zeke's Island to the ocean at
Fort Fisher. Old Inlet, as the older inlet came to be
known, continued to be the chief means of passage
between the Cape Fear and the Atlantic, but the
shallower New Inlet saw considerable use by smaller
vessels for over a century (Lee, 1965).

A map of 1770 shows an extended shoal area within
New Inlet, running north and south from the inlet,
along the east bank of the river. There are
indications that Zeke's Island slowly increased in
size during the late 'eighteenth and nineteenth
centuries. Between .1852 and 1858 its configuration
changed noticeably -- extending northeastward to New
Inlet channel. Wooden walkways traversed Zeke's
island at this time and a small wharf jutted outward
from the northwest tip of the island into the river
(Lee, 1975).

During the Civil.War, and,especially during its
later stages, the Cape Fear River served as the
principal life line of the Confederacy. Despite
vigilant patrolling of both the Old and New Inlets by
as many as fifty federal ships, numerous
blockade-runners made their way stealthily into and up
the Cape Fear.to.deliver essential s 'upplies. These
were exchanged at Wilmington for cotton and other
agricultural products. I Fort Fisher was situated just
north of New Inlet and guarded its approaches. Many
smaller batteries and forts were scattered around the
Lower Cape Fear, among these were a battery of three
guns on Zeke's Island. In January of 1865, a massive

amphibious assault by Union forces resulted in the
fall of Fort Fisher and, after passage through New
Inlet and upriver, the fall of Wilmington (Barrett,
1963).

Between 1875 and 1881 a major engineering feat
was accomplished when the U.S. Army Corps of Engineers
constructed an extensive rock breakwater ("The Rocks")
running 3.5 miles (5.6 km)-- from the mainland to
Zeke's Island then southward to Smith Island.
Designed t 'o reduce shoaling in the Cape Fear River,
"The Rocks" drastically reduced the flow of water
through New Inlet and brought about extensive changes
in the landforms of the area. New Inlet subsequently
migrated southward while Zeke's Island grew
significantly in length and later contained a
turpentine factory and a center for gill net fishing.
The turpentine factory was destroyed during the
hurricane of 1889 (Sprunt, 1916).

"The Basin", contained between "The Rocks" and
the barrier spit, has been vised by inhabitants for
hunting and fishing. The -;pit has been used by
off-road vehicles (ORVs).

Except for The Rocks and ORV use, the area
designated as the Zeke's Island Component shows little
or no evidence of human encroachment. The lands
composing the Zeke's Island Component were donated to
the State of North Carolina by Mr. Walter 'Davis in
1980.

(2) Cultural Resources

The North Carolina Division of Archives and
History has documented a number of Civil War
shipwrecks in the Zeke's Island vicinity. These were
associated with the fall of Fort Fisher and the high
volume of shipping traffic along the coast during that
time.

d. Present Uses

The Zeke's Island Component receives daily use by
commercial/sport fisherman and beach visitors. The North
Carolina Aquarium at Ft. Fisher (NCA-FF) has occasional
nature walks for public and school groups, while limited
hunting for marsh hens is done in the fall. Wind surfing
on The Basin has become a popular pastime on summer
weekends. Duck and marsh hen hunting is done in the fall.

The component is patrolled by staff from Carolina
Beach State Park (DPR) per an existing MOU (see Appendix
F.5). Primary problems encountered by the ranger include
occasional littering, destruction of vegetation and
designated ground-nesting shorebird habitat by off-road-
vehicle (ORV) traffic, and illegal camping. .

e.Local Activities That May Affect the C omponent

Since the component is surrounded by state-owned lands
that are managed for low-intensity recreation and
conservation usest there is no incompatible adjacent land
uses. The reserve coordinator is a member of the Fort
Fisher Management Board which consists of representatives
from all agencies managing lands in that area. Any
proposed change in use policy by a given agency would be
discussed by the board.

2. Rachel Cmson Component

a.Location and Access

The 2,,625-acre (1,050 ha) Rachel Carson Component is
located near the mouth of the Newport River in southern
Carteret County across Taylor's Creek from the historic
town of Beaufort (see Figures 5 and 6). Morehead City is
located three miles (5 km) to the west and Atlantic Beach
lies five miles (8 km) to the southwest. The site is
accessible by boat only., The state Wildlife Resources
Commission (WRC) operates a public boat ramp and parking
lot on Taylor's Creek, while the Duke University Marine
Laboratory and the National Marine Fisheries Service has
boat facilities on nearby Pivers Island.

b.Natural Environment

(1) Hydrology and Climate

The waters of the Rachel Carson Component are
generally less than six feet (2 m) in depth except for
Taylor's Creek which is maintained at a depth of
twelve feet (3.8 m) by the U.S. Army Corps of
Engineers. The salinity of the component: waters near
Beaufort is close to that of sea water (35 ppt -
euhaline) because of the proximity to Beaufort Inlet.
Tides are in the microtidal range (>6 feet or >2 m)
and semi-diurnal.

Water quality of Taylor's Creek and the northern
portions of the component are classified as 11SC11 (no
taking of shellfish or swimming allowed) by DEM, while

lop

r) Bemufwt A41 72=

SOUND

OAIsLOTfr

North- Carolina National Estuarine
Research Reserve

Ca;w
LAGIMUt

North Carolina National Estuarine
Research Reserve
Rachel Carson

Town Of Beaufort

--Bi.. Shoa ot-
Carr
-r'sland
xf

Middle
Marshes

Figure 6. Boundary and Habitats of the Rachel Carson Component
0

the southern portion of Carrot Island and Bird Shoal
as well as all of Middle Marshes encompass 11SA11 (safe
for shellfish gathering) waters.

There is no weather station in the Beaufort area,
but a general idea of the climate can be obtained from
nearby Morehead City. The mean annual air temperature
is, 61.60F (17.70C) with extremes of 98OF (39.60C) and
20F (-180C) . Mean annual precipitation is 51.8 inches
(129.5 mm). Probability of a hurricane in a given
year is six percent (NOAA, 1951-81).

(2) Geology and Soils

The islands and tidal flats composing the
component consist of Recent and Pleistocene sediments
including sands, silts, and clays of the Pamlico
Terrace. The component is not a barrier island system
.as such, but includes islands and shoals that
developed behind the barriers of Shackleford Banks
(part of Cape Lookout National Seashore) and Bogue
Banks.

The soils of the component include primarily
sandy profiles of such recent development that
diagnostic horizons are not present. Natural dunes,
beaches, vegetated spoil areas, and a limited area of
natural shrub thicket and maritime forest (primarily
at the east end of Carrot Island) of the component are
classified in the excessively-drained Newhan series.
Intertidal (low) and supratidal (high) marshes grow in
the poorly-drained sand and muck of the Carteret
series (SCS, 1987).

(3) Biology

Various plant species are characteristic of
dredge spoil, dune, maritime forest, and salt marsh
communities. Weedy asters, grasses, vines, and shrubs
occupy successional communities on the numerous soil
areas along Taylor's Creek. Sea oats grow on the few
natural dunes (primarily on Bird Shoal) within the
component. A small area of maritime forest and shrub
thicket on the east end of Carrot Island is dominated
by live oak, loblolly pine, red cedar, yaupon, and wax
myrtle. Intertidal salt marsh is colonized by
saltmarsh cordgrass, while supratidal or high marsh
typically contains a mixture of saltmeadow cordgrass,
sea ox-eye, black needlerush, and glasswort.

The component has a diverse fauna due to the
diversity of habitats within a relatively small area

and'because-it is located within the Atlantic Flyway.
Over 160 species of birds have been observed within
the area (Tussell, 1976) including the : peregrine
falcon, a federally listed endangered species.
Twenty-three species that use Bird Shoal are
considered rare or decreasing in numbers by state
ornithologists (Cooper et al., 1977). The site is an
important feeding area for Wilson's plovers in the
summer and piping plovers (threatened federal status)
in the winter--both are listed bystate biologists as
species of special concern. The shrub thicket of
Middle Marshes support-egret and heron rookeries.

Nine species of reptiles and ten species of
mammals (e.g., river otters, gray foxes, raccoons,
marsh rabbits, feral horses) inhabit the islands.
American bottle-nosed -dolphins swim the creeks and
channels around the component in addition to 52 fish
species. Loggerhead sea turtles (federal threatened
status.). occasionally nest on Bird Shoal. Forty-seven
invertebrate species common to the component include
various bivalves and whelks. Of these, three whelk
species (channelled, knobbed, and lightning) and a
polychaete, the parchment tube worm,,have been given
special concern status by state biologists (Cooper et
al., 1977).

(4) Habitats

Tidal creeks, some -1 ined with oyster rocks, weave through
the-marshes and cut across the
intertidal flats, allowing f ishes and
invertebrates access to the marshes
for food, shelter, and spawning;

- Eelgrass beds occur in the subtidal areas, although
location may vary from year to year;

- Intenidal sand dnd mudflats store nutrients washed f rom the
marsl@es or introduced by tides;
worms and clams live within the
sediments; bacteria and algae coat the
surface; the flats at this component
are 'significant because of their large
extent;

- Interridal aow) salt marshes are dominated by saltmarsh
cordgrass; approximately one-half of
the plant tissue produced by this
species actually enters the estuary
except for areas that are grazed by

feral.horses; the extensive marshes
of Middle Marshes are undisturbed;

Supratidal (high) salt. marshes occur along the lower edges of
the dredge material areas and are
dominated by saltmeadow cordgrass,
black needlerush, sea ox-eye, and
glasswort;

-Beach areas on Bird Shoal have developed with the
accretion of sand-to create open,
sandy habitats used by ground nesting
shorebirds such as least terns;
intertidal organisms (e.g., mole
crabs, coquina clams) live in the
intertidal sediments;

-Dredge spoil areas are populated by various'herbs, shrubs,
and trees that gradually invade the
man-made sand deposits@along Taylor's
Creek;

-Dunes have been created by the stabilization of sand
by grasses such as sea oats on certain
portions of Bird Shoal; and

Maritimeforest/shrub thicket on the east end of Carrot Island
is an example of a coastal ecosystem
that is rapidly being developed along
most portions of the North Carolina
coast.

c. Human Environment

(1). Local History and Socio-economic Characteristics

Before the European colonization of America, the
Carrot Island-Middle Marshes area may have seen
intermittent use by the Coree tribe of Native
Americans. The Corees are thought to have spent
considerable time on the nearby Outer Banks,
especially in the vicinity of Cape Lookout (Angely,
1984).

European settlement of the Beaufort area began in
the first two decades of the eighteenth century. In
1723, the commissioners of Beaufort began to sell lots
and the town began to develop as a port. The early
settlers used the waters in and near the Rachel Carson
area for shipping lumber, naval stores, and farm
commodities. They erected private wharves along the

-shores of the mainland, and perhaps, on Carrot Island
(Kell, 1975).

A map of 1777 shows, that. Carrot Island was, at
the time, the only island within the current Rachel
Carson,Component. Town Marsh, then known as "Island
@arshll, was only barely exposed. It was referred to
in a deed of this period as merely a "bunch of
bushes." As early as 1806, it was reported that
mullet werebeing taken by a fishery on Carrot Island.
Huge nets. were used and the manpower usually consisted
of local farmers. Once taken, the mullet were
dressed, salted, and taken into Beaufort to be sold
(Angley, 1984).

In 1854 Town Marsh (then called Bird Shoal) was
three-eighths of a mile long. By 1885 Town Marsh had
more than doubled in length and its northern shoreline
moved ever closer to the Beaufort waterfront. The
growth of Town Marsh, had made the Taylor's Creek
channel almost completely unusable. In 1893 the
citizens of Beaufort requested the federal government
to build a breakwater on Town Marsh to protect the
channel along the town's waterfront (Angley, 1948).

The U.S. Army Corps of Engineers began dredging
Taylor's Creek in the early 1920s, using Carrot Island
as a deposition area. The Corps maintains an easement
along Taylor's Creek to dredge the area and deposit
material on Town Marsh and Carrot Island.

Except for the deposition of dredge material
along Taylor's Creek and grazing of certain marsh and
upland areas by feral horses, most' of the Rachel
Carson Component is undisturbed. Perhaps the most
important reason has been the attitude of the local
citizens toward the preservation of the islands. In
1977 Beaufort r 'esidents and area nerchants objected
furiously to a developer's-intentions to build resort
homes on Carrot Island-Town Marsh and successfully
blocked an auction of the property. Later that same
year, The North Carolina Nature Conservancy purchased
most of Carrot Island to preserve it as a natural
area. The State of North Carolina- acquired the
present Rachel Carson complex during 1984-1989: 1)
Carrot Island purchased by a bargain sale from The
Nature Conservancy, 2) Town Marsh (in part) donated by
the Town of Beaufort, 3) Town Marsh (in part)
purchased by a bargain sale from the 'Episcopal Church,
4) Bird Shoal purchased by a bargain sale from the
Babcock/Palazzo family, 5) Middle Marshes condemned
from the Pyrtherch/Betts and Hunt families, and 6)

Guthrie Shoal condemned from the Smith family.

During the late 1940s a local resident placed a
small herd of horses on Carrot Island. For decades
descendants of these animals lived on the islands and
grazed the intertidal marsh. By 1986 the population
had 'reached approximately 70 horses, during that
winter 29 animals died of starvation. In October 1988
the state reduced the number of animals from 52 to 19
but discovered that nine of the animals had equine
infectious anemia, an incurable disease of horses.
These animals had to be euthanized to avoid spread of
the virus. Management of the remaining horses will be
based on results of research concerning impacts on
marsh ecology, consultation with veterinarians, and
@information from other horse management programs
(e.g., Chincoteague National Wildlife Refuge,
Virginia).

The economy of the Beaufort/Morehead City region
is primarily based on farming, fishing, tourism, and
a state port. Commercial fishing, fish processing,
and the secondary economic activity generated by this
industry are of major importance to coastal North
Carolina.

(2) Cultural Resources

No archaeological site within the Rachel Carson
Component has been documented by the North Carolina
Division of Archives and History.

d. Present Uses

The component is used daily by visitors for hiking,
fishing, picnicking, and observation of wildlife.
Commercial fisherman gather shellfish from tidal flats near
Carrot Island and Middle Marshes. Boat activity is
frequent in surrounding waterways such as Taylor's Creek.
There is also a limited amount of marsh hen hunting in the
fall.

e.Local Activities That May Affect the Component

(1) Radio Island

Radio Island! located adjacent to the west
boundary of the component, is used for a variety of
military and industrial uses. There exists the
possibility that a development on the island could
directly or indirectly impact the component. Past
rejected proposals have included a cleaning station

for military vehicles entering the country, a liquid
ammonia tank, and a liquid propane storage area.

(2) Maintenance Dredq "n

The U.S. Army Corps of Engineers performs
periodic maintenance dredging of Taylor's Creek and
surrounding channels. Sites for spoil 'deposition are
within a permanent easement along Taylor's Creek on
Town Marsh and Carrot Island. Though the disposal
must be done within existing spoil areas and according
to federal and state regulations, the process
temporarily disrupts visitor use in the vicinity of
the deposition site(s) and local residents dislike the
appearance of the spoil areas. A 1987 deposition on
Town Marsh was later modified because it blocked the
local residents' view of the ocean.

3. Currituck Banks Component

a. Location and Access

The Currituck Banks Component is located one mile (1.6
km) north of the village of Corolla in Currituck County.
The component is accessible on the Outer Banks via NC 12
which leads to a series of roads (e.g., Atlantic Avenue,
Ocean Trail) that dead end at the south boundary of the
property. Four-wheel-drive traffic is permitted along the
ocean beach which is accessible from the road network by
local ramps. The sound side of the component is reached by
boat if one travels five miles (8 km) east across Currituck
Sound from the village of Water Lily on the Currituck
County mainland. The state property consists of
approximately 960 acres. (384 ha) of which 335 acres (134
ha) are upland and 625 acres (250 ha) are intertidal and
subtidal (see Figures 7 and 8).

b. Natural Environment

(1) Hydrology and Climate

Prior to 1828 Currituck Banks had as many as
three inlets that allowed tidal exchange of ocean
waters with the sound. These inlets kept Currituck
Sound saltier than at present and sustained local
finfish and shellfish populations similar to sounds
f arther south. However, Currituck Sound gradually
converted to a low salinity regime after 1828 when the
last direct opening to the ocean, New Currituck Inlet,
closed. While saltwater no longer flows directly into
the sound, salinity is sporadically influenced by

1033700

Knotts bland

Corolla

North Carolina National Estuarine

Research Reserve

923500 -
288 1400 Figure 7. Currituck Banks Component Vicinity 29 48900

North Carolina 'National Estuarine
R e s e a r,6 h R e, s e.r v e
C u r r i t u c k B a,-n k. s om p on e n t,

Shrub Thicket

x
Freshwater Pond
VI

D u a e s

Currituck B e a c h

Sound

Monkey 19 1 a nd maritime I a r e 9 t

Freshwater marsh

x
Y Brackish marsh

F7, -<I T I d a I I I a t

M:
Component Boundary

Combined State,TNC
and ITS Boundary

Scale 1:3000

Figure B. Boundary and Habitats of the Currituck Banks Component

ocean waters from Oregon,,Inl,et (45 m-iles/72 km south)
v*ia Roanoke.Sound,, -Croatan. Sound, and, Albemarle Sound.
There is also occasional, direct overwash from the
Atlantic Ocean during major storms. Freshwater enters
Currituck Sound mainlyfrom@the,North.Landing River,
Northwest River, and Back Bay (Gale, 1982).

The waters of Currituck" Sound are brackish
(rarely, exceeding 5 ppt salinity) and fluctuate by
wind-dominated tides owing , @tq. the considerable
distance from Oregon Inlet. The average depth of the
sound is approximately five feet-.(l..5 m), while a few
areas exceed ten feet (3 m) in depth. Currituck Sound
is classified as '.1SC'1 by the DEM and is thus closed to
shellfishing and swimming.,

The weather of the Currituck Outer Banks is
typical of a maritime. climate on --the Outer Banks where
the ocean has a strong @ moderating effect on
temperatures compared to mainland areas. The nearest
similar site , that has. a weather station is Cape
Hatteras, some 95 miles (152 km). to the south. The
0
daily mean annual temperature [email protected] F g16.50C) with
extreme temperatures of 950F (3.50C) and 12 F (-11. 1 C) .
.Annual precipitation. average is 55.6 inches (139.0
cm). Annual probability of hurricanes on the
Currituck Outer Banks is only two percent (U.S. Dept.
of the Interior, 1980)..

(2) Geology and Soils

The Currituck Banks separate Currituck Sound f rom
the Atlantic Ocean. Through recent geological time,
these banks have been an unstable migratory barrier
land f orm, consisting of Holoce@e and Pleistocene
sediments (primarily sand),that shift in response to
changes in sea level. Though the banks were
previously a series of islands, they are now part of
a complex barrier spit that extends about 70 miles
(122 km) from Virginia Beach to Oregon Inlet.. Behind
this barrier spit are extensive marshes that have
built up from remnant inlet deltas and submerged
,overwash f ans. This pattern of marsh evolution is
part of the barrier island migration process and is
especially noticeable on the Currituck Banks. For
example, Wash Woods near Swan Beach has tree stumps on
the.ocean beach that were formerly part of maritime
forest originally -located in the central portion of
the island (U.S. Dept. of the Interior, 1980).

Soils of the reserve are composed of sediments
that have not been weathered to the extent that

distinct horizons are pre-sent in the @prof iles. The
dunes and @ beach areas of the component consist of
excessively well-dtained sands of the Newhan series.
-Back dunes,' shrub thicket, and maritime forest occur
over the slightly moister and lower-lyihg sands of the
Duckstoh and Corolla series. Marshes and seasonal
ponds of the component are associated with the
sands of the Currituck series that is
characterized by a shallow, mucky peat surface layer
(SCS, 1984).

(3) Biology

Plant life of the component is typical for the
barrier islands of the northern Outer Banks. The area
represents a transition between the Virginian and
Carolinian biogeographic provinces. Plant species
indicative of this change are sea oats (typical of the
.southern areas) and American beach grass (found to the
north and around the Great Lakes) which grow together
on Currituck dunes. Likewise, bayberry reaches its
natural. southern limit in the shrub thicket and
maritime forest of the component area, while the
closely-related' wax myrtle is typical of southern
areas. General plant. communities of the component
include grass-dominated dunes, 'shrub thicket, maritime
forest, f reshwater marsh, brackish marsh, and
submerged aquatics of the sound.

Currituck Sound contains a . rich resource of
forage, commercial, and game fish. Largemouth bass,
yellow perch, striped bass, tidewater silverside, and
pumpkinseed are the ecologically dominant species.
Other game fish found in the area include white perch,
bluegill, black crappiel chain pickerel, and channel
catfish. Commercial fish catches include white perch,
catfish, carp, shad, herring, and eel.

Currituck Sound is located within the Atlantic
Flyway and therefore attracts a diversity of avian
species. Accipiters, falcons, ducks, geese, warblers,
gulls, terns, herons, and egrets use the reserve
component as a migration corridor. *Indigo buntings,
bobwhites, and other @mainland species are also
present.

The site has particular significance with respect
to waterfowl. Currituck Sound harbors an estimated
six percent of the Atlantic Flyway overw'intering
waterfowl population and 32 percent of North
Carolina's wintering fowl. Typical types of waterfowl
include dabbling ducks, diving ducks, geese, swans,

and coots.

The marsh complex in the component serves as
valuable habitat for several mammals. Among these are
muskrats, river' otters, and minks. Upland areas
support deer, gray foxes, raccoons, opossums, nutrias
and feral hogs.@ Occasionally, feral horses graze or
pass through the component.

Sand-burrowing, filter-feeding decapods and
mollusks are common in the subtidal zone of the ocean
beach. Mole crabs, ghost crabs, and coquina clams are
common in the Antertidal zone. A modest amount of
surf fishing and haul seining have been traditionally
carried out along the beach in the reserve area.
Striped bass, bluefish, mullet,. croaker, spot and
weakfish-are common catches.

Threatened-or endangered animals in the vicinity
of the component include four federal ly-l isted species
and 63 species recognized by state biologists as
endangered, threatened,.or of'special concern. Bald
eagles (endangered) and piping plovers (threatened)
are seen occasionally, but are not known to nest in
the area. Peregrine falcons, also federally-listed
as endangered, migrate through the banks during fall.
Scattered nest sites for loggerhead sea turtles, a
federally-protected, threatened reptile, have been
reported'on the beaches of Back Bay National Wildlife
Refuge, False Cape State Park, and Currituck Banks
(U.S. Dept. of the Interior, 1980).

(4) Habitats

- Shallowwaters of Currituck Sound provide an environment
where submerged aquatic vegetation
thrives. The dominant aquatic
vegetation currently at the site
includes sago pondweed, redhead grass,
widgeon grass, wild celery, and
Eurasian water milfoil;

- Shallow irregularly-exposed mudflats consist of organic mud
and sand. The flats contain various
benthic organisms;

- Marshes along the sound are a mosaic of wetland
species, reflecting the complex
transitions between southern and
northern species and between brackish
and freshwater regimes (particularly

away from the sound). Two prominent
examples of brackish marsh communities
are those dominated by black
needlerush and giant cordgrass. The
freshwater marshes are dominated by
either.the cattails or a mixture of
sedges and rushes;

- Stands of shrub thicket appear upland from the marshes
and are characterized by stunted live
oak, loblolly pine, and wax
myrtle/bayberry. Virginia creeper and
greenbrier are also found in this
communityv-@

- Well-developed maritimeforests are present adjacent to
portions of shrub thicket vegetation.
Forest canopy dominants include live
oak and loblolly pine;

- Dune systems of the banks are maintained by American
beach gras's',, sea oats, panic grass,
and salt meadow cordgrass; and

- The beach along the Atlantic Ocean is open, sandy and
gently sloping; it does not support
vegetation, but certain animals
species (e.g., the ghost crab) have
adapted to the harsh conditions.

c.Human Environment

(1) Local History and Socio-economic Characteristics

Bef ore the European settlement of northeastern
North Carolina, the area now known as Currituck County
was home to the Poteskeet Tribe. Although the
Poteskeet's main village was located on the mainland,
they used Currituck Banks as hunting and fishing
grounds. At that time, Currituck Sound received ocean
waters via one or more inlets and supported abundant
wildlife and waterfowl. The area included in the
component was undoubtedly used by the Poteskeet, as
evidenced by the presence of oyster shell middens and
pottery fragments at'several locations (Gale, 1982).

Until the early 1800s, Currituck Sound was
directly connected to the Atlantic Ocean by inlets
through the banks. one inlet, known as Musketo Inlet,
was documented by the English in the 1580s at or near
the reserve site. By 1680, shifting sands began to

fill the inlet and completely closed it. By 1828 the
last of the inlets, New Currituck Inlet, had closed
and thus began the transformation of Currituck Sound
from a high to low salinity estuary (Gale, 1982).

The Currituck Banks received considerable use
during the late 1800s and early 1900s. Several small
farming and fishing communities such as Corolla,
Penny's Hill, and Swan Island were established, but
only Corolla remains as a continuous settlement today.
The marshes and waters of Currituck Sound became known
throughout the nation as prime waterfowl hunting
grounds. This led to the founding of a number of hunt
clubs, starting with the Currituck Hunting Club in
1857. These clubs, which were mainly composed of
wealthy nonresidents, assembled large tracts' of land
on the banks to preserve waterfowl feeding areas and
to ensure a continuous seasonal bounty of geese,
ducks, and other migratory game birds. Several of the
clubs built expensive clubhouses, some of which remain
intact or have been restored (e.g., the Pine Island
Club, the Whalehead Club) (Gale, 1982).

Following several shipwrecks in the early 1870s,
the U.S. Lifesaving Service erected five lifesaving
stations along the Currituck Banks and in 1875, built
the Currituck Beach Lighthouse at Corolla. In 1885 a
post office was established in Corolla which lent the
community a sense of permanence. Around 1890 a
sturgeon gill-netting operation began in Corolla, but
its own success quickly depleted the sturgeon
population and the business was abandoned. Farming
and commercial fishing gradually declined on the banks
during the twentieth century, while waterfowl hunting
and sport fishing grew in popularity (Gale, 1982).

Since World War II, real estate development has
played a prominent role in the economic character of
the Currituck Banks. Several large tracts of land
from the Virginia State Line to Dare County were
subdivided for resort homes even though access to the
banks was limited due to the absence of paved roads.
In 1980 the U.S. Fish and Wildlife Service proposed
that the banks become part of a wildlife refuge (U.S.
Dept. of the Interior, 1980), but this proposal was
later abandoned by the federal government. Since 1986
the public has been able to drive to Corolla on NC 12
(formerly a privately-owned subdivision road). This
has resulted in rapid development of areas south of
Corolla and even sporadic development north of the.
component (where no paved road exists) in such
communities as Swan Beach and Carova Beach. The

majority of these structures are resort homes. The
current permanent.popu 1 at ion of the Currituck Banks is
approximately 20'0-'30-0 people'.-

_(2) Cultural Resources

The previously mentioned shell middens and
pottery fragments of Native Americans, are the only
archaeologically significant objects known from the
component.

d..Present Uses

The component, receives daily beach use by persons
driving ORVs. Weekend beach, use (e.g., sunbathing,
picnicking) is high during the warm months. Hunting for
deer and waterfowl is a popular activity in the fall and
winter.

e. Local Activities That May Affect the Component
(1) Ocean Hill Developmgnt

Proposed phase dev Ielopment 'of the Ocean Hill
subdivision will locate more-persons along the south
boundary of the component. This will increase
seasonal use of the beach area, particularly because
an entrance road to the northeastern portion of the
development (see Figure 8 - "private land") will route
traffic to the ocean beach.

4. Masonboro Island Component

a.Location and Access

Masonboro Island is located in New Hanover County
between the barrier island towns of Wrightsville Beach and
Carolina Beach. The city of Wilmington lies approximately
five -miles (8 km) to the northwest. The component
encompasses the entire barrier island and a small parcel of
mainland totalling 5,097 acres (2,038 ha) of uplands and
estuarine area. The island is accessible only by boat,
most visitors land on the extreme north or south ends where
there are sandy beaches associated with the back sides of
Masonboro and Carolina Beach inlets (see Figures 9 and 10) .
Public boat ramps are located in both beach towns.

rightsville Beach

Wilmington

Jfavonb&ro Irdat

Mawnbom

Carolina Beach InId

w E
L

ling Beach S

North Carolina National Estuarine

Research Reserve

- too

2379 400

Figure 9. Masonboro Island Component Vicinity

North Carolina National Estuarine
Research Reserve
Mason boro I n I e t

M ... @b I

Dredge Spoil

9 7A Grassland

Shrub Thicket

UNCW,,,W" S a I t N a r s h
Propert

Beach
Atla n fic
1.4 Ocean
Dunes

maritime forest

Tidal flat

Boundary

Is
Scale 1:5000

Aktl- 0... h InI.1 N

W-< 0 E
Figure 10. Boundary and Habitats of the
Masonboro Island Component
S

b. Natural Environment

(1) Hydrology and Climate

The sound waters of Masonboro Island -are less
than six feet (2 m) in depth and range in salinity
from 18 to 35 ppt, depending on the location relative
to the inlets and mainland creeks. Tides are
semi-diurnal and usually fluctuate approximately.3.8
feet (1. 2 m) , while spring tides average. 4. 5 feet (1. 4
m). These waters have very high water quality,
classified as 11SA11 by the DEM, and encompass primary
nursery area according to the DMF. The sound area
was designated as Outstanding Resource Waters in 1989
by the state Environmental Management Commission.

The nearest weather station..is in Wilmington.
However, the ocean influence on Masonboro Island
temperatures is very similar to the conditions at the
Zeke's Island Component, some ten miles (16 km) to the
south. The mean annual air tem Perature is 63. 70F
(17.70C) with extremes of 1040F (40 C) and -20F (-18.80
C) . Normal annual precipitati n is 53.3 inches (133.3
cm). The annual probability -of a hurricane is
approximately seven percent (U.S. Dept. of the
Interior, 1980).

(2) Geology and Soils

The Masonboro Island Component consists of Recent
and Pleistocene sediments that are part of the Pamlico
Terrace on the eastern edge of the North Carolina
coastal plain. The upland area of the island includes
acres (181 ha) of natural dune/woodlands and 166
acres (66 ha) of dredge disposal areas. The remaining
4,427 acres (1,771 ha),consist of marsh and estuarine
area.

Masonboro Island is the present-day counterpart
of a barrier island complex formed some distance
offshore, the time being rather speculative. However,
the genesis of the original island is thought to have
occurred by mainland beach detachment (Hosier and
Cleary, 1977). According to Hoyt (1967) separation
occurred during the last 5,000 years when the Holocene
sea rise slowed down. Dune ridges formed along a
seashore that was some distance seaward of the present
coast. The rising sea then isolated the dune ridges
from the mainland forming barrier islands that were
then translated landward under the influence of the
rising sea level. The island "migration" is still
occurring as evidenced by old sound-side peat or shell

deposits being exposed on the. beaches of many present
day barrier islands (Godfrey and Godfrey, 1976).

Soils of the component are classified in the
Entisol order--soils of such recent origin that
horizon development is minimal or non-existent (Buol
et al., 1980). Within the Entisol soil order three
series have . been mapped on Masonboro Island:
Carteret, Duckston, and Newhan (SCS, 1977).

The Carteret series underlies the tidal marshes
of the island and consists of two subdivisions: 1)
Carteret low associated with the regularly flooded or
intertidal marsh and 2) Carteret high occupying areas
containing supratidal or brackish marsh species.
These soils are composed of somewhat poorly to
poorly-drained sands mixed with varying amounts of
muck and shell hash.

The poorly-drained sands of the Duckston series
are found within the shrub thicket and maritime forest
communities. In some areas local surface
accumulations of organic matter have leached into the
subsoil creating the appearance of a buried humus
layer (Hosier and Cleary, 1977).

Dune and grassland areas along the ocean side of
the island are underlain by excessively to somewhat
excessively well-drained sands of the Newhan series.
These soils contain variable amounts of calcareous
shell- material and exhibit low fertility and water
holding capacity (SCS, 1977).

(3) Biology

The flora of the component consists of 139
species. However, certain species are characteristic
or dominant in the major plant communities of the
island complex. Dunes covered by sea oats, other
rhizomatous grasses (e.g., saltmeadow cordgrass, panic
grasses), and f orbs (e.g., seaside spurge, sea rocket,
sand primrose, prickly pear, and gaillardia) grow just
inland from the ocean beach. Slightly higher sandy
areas are covered by shrub thicket characterized by
woody shrubs such as wax myrtle, silverling, red
cedar, yaupon, and Hercules' club. Isolated patches
of maritime forest are located where inundation by
storm tides is very rare. Live oak, loblolly pine,
and red cedar. trees plus an understory of shrub
thicket species are typically found in this community.
Marsh areas of the component are dominated by
saltmarsh cordgrass in intertidal (low marsh) areas,

while high or supratidal marsh is covered by a mixture
of species including sea ox-eye, , black needlerush,
saltmeadow cordgrass, and sea lavender.

Localized algal colonies and eel grass beds also
occur on the intertidal flats and subtidal softbottoms
of the island's estuary. Typical species include sea
lettuce, green fleece, false.agardiella, and dictyota.
A few isolated patches of eel grass,also occur in the
subtidal areas of the component.

Three animals species recognized as endangered or
threatened by the federal government are found in the
component area. Peregrine falcons (endangered) have
been reported as rare seasonal transients. Piping
plovers (threatened) feed -on the island during,the
winter. Loggerhead sea turtles (threatened) nest on
the Masonboro Island ocean beach. I

Several birds and marine worms found in the
component have special concern status according to
state biologists (Cooper et al., 1977). Significant
bird species include -least tern, common tern, Wilson's
plover, black skimmer, American osprey, and Ipswich
sparrow. Parchment tube worms, Hartman's echiurid,
and a species of polychaete worm in the genus
Notomastus, are found in the sound sediments.

Mammals known from the island include cotton
rats, gray foxes, house mice, marsh rabbits, opossums,
raccoons, and river otters. Most of these animals
live in the upland dune, shrub thicket, or maritime
forest communities, except for river otters which are
typically found in salt marshes. Raccoons often
forage in the marshes during low tide cycles.

A typical array of barrier island bird species
are found throughout the component's habitats.
Nearshore ocean waters are frequented by brown
pelicans, shearwaters, royal terns, herring,gulls, and
laughing gulls. The intertidal beach zone serves as
resting and feeding area for such species *as sand
pipers and plovers. Mourning doves, ground doves, and
common night hawks nest and feed within the dune
areas, while boat-tailed grackles and red-winged
blackbirds feed upon sea oats seeds in the fall.
Black skimmers, night hawks, and American
oystercatchers are seasonal nesters' in the grasslands
or dunes. The shrub thicket and maritime forest are
important resting habitats for a variety of small
birds, particularly warblers and sparrows, during fall
migrations. The marshes and associated tidal flats

and creeks are foraged during low tides by great blue
and little blue herons, tricolor herons, snowy egrets,
great egrets, willets, American oystercatchers, black
skimmers, and clapper rails.

Forty-four species of fishes have been collected
from the Masonboro Island estuarine waters by the N.C.
Division of Marine Fisheries (DMF) . The detritus-rich
sound waters serve as a primary nursery area for such
commercial and sport fish species as spot, mullet,
summer flounder, pompano, menhaden, and bluefish.
Some of the other fish species present are striped
killifish, mummichog, pinfish, silversides! and
sheepshead minnow.

Invertebrate residents of the intertidal mud and
sand fiats include various mollusks: quahog clams,
marsh razor clams, oysters, and mud snails. A
substantial fauna of marine' worms such as parchment
worms, plumed worms, blood worms, and scale worms live
in the sediments. Clumps of oyster shells in the
sound waters are suitable substrates for the
attachment of many sessile organisms: sponges, sea
whips, oysters, and tunicates.

Habitats

The primary habitats of the component are:

- Isolated eelgrassbeds occur near the southern limit of
the plant's range and provide food and
cover for numerous estuarine species;

- Subtidalsoftbottoms are home to numerous benthic organisms
as well as fishes and crustaceans;

- Intertidal mud and sandflats host numerous shellfish,
polychaetes, and other benthic
organisms in the sediments;

- Regularly-flooded (low) salt marshes are dominated by saltmarsh
cordgrass; approximately one-half of
the plant tissue created within this
ecosystem actually enters the estuary
to support life there;

- Irregularly-flooded (high) salt marshes fringe the -upper edges
of the low marsh and consist of over
ten species that may occur in various
compositions according to local
salinity.and microrelief. Common

species include saltmeadow cordgrass,
black needlerush, and sea ox-eye;

- Shrub thicket occurs as a discontinuous strip along the
central upland length of the island.
Dominant species are wax myrtle,
yaupon, silverling, and red cedar;

- Two small areas,. totalling approximately ten acres
(4 ha) , of maritimeforest are found near
the middle of the island upland.
Canopy sp6cies,include live oak,
loblolly pine, red cedar, and
Hercules' club;

- Dredge material or spoil areas bordering the
waterway contain a mixture of dune,
shrub thicket, and weedy species
'growing on the,artificial islands;

- Dunes or grasslands of Masonboro Island consist of two
subcategories: 1. primary dunes
dominated by sea oats and 2. secondary
dunes covered by saltmeadow cordgrass
and panic grasses in association with
various forbs such as seaside
goldenrod, sand primrose, gaillardia,
and yucca; and

- The ocean beach--from the low tide line to the base of
the dunes--has no stable vegetation,
but is populated and foraged by
various animals such as ghost crabs,
mole crabs, coquina clams, amphipods,
and shorebirds.

c. Human Environment,

(1) Local'History and Socio-economic Characteristics

There is a very strong possibility that the
stretch of beach now known as Masonboro Island was the
first portion of the entire American coastline to be
seen and described by a European explorer. This
initial. sighting may well have occurred in March of
1524 when the Italian voyager Giovanni Verrazzano, on
an expedition sponsored by Francis I of France, came
within view of what is generally believed to have been
the lower coastline of present day North Carolina,
several miles above Cape Fear (Angley, 1983).

During the colonial period Masonboro Sound was
generally known as Cabbage Inlet Sound, taking its
name from the inlet which existed at that time.
Cabbage Inlet was located somewhat south of today's
Masonboro Inlet, just below the mouth of Purviance
(now Whiskey) Creek on the opposite side of the sound
(Angley, 1983).

. The western or mainland shoreline of Masonboro
and Myrtle Grove Sounds was at least sparsely settled
during the second quarter of the eighteenth century.
Some of these settlers, generally those of modest
means, established permanent residences along the
sound, gaining their livelihoods through farming and
fishing. Other, more affluent, landowners purchased
property on the sound for purposes of speculation or
for the establishment of summer homes (Angley, 1983).

Confederate troops were stationed at various
points along the mainland shore of Myrtle Grove and
Masonboro Sounds during the course of the Civil War,
especially in the vicinity of Camp Davis, on the north
bank of Hewlett's Creek, and at the state salt works
near the mouth of Purviance (Whiskey) Creek. The
latter facility was by far the largest of the many
salt works in the Wilmington area, but was destroyed
in 1864 by Union troops (Angley, 1983).

During the late nineteenth and early twentieth
centuries, the mainland side of Masonboro and Myrtle
Grove Sounds was settled by scattered farmers,
craftsmen, and fishermen. In the fall, mullet were
taken in large quantities along the ocean side of the
island. Catches were reported as high as 20,000
pounds. Other important fisheries included flounders,
shrimps, clams, and oysters that were taken from the
waters of the sounds, adjacent, creeks, and marshes
(Angley, 1983).

It was during the latter part of the nineteenth
century that both Wrightsville Beach and Carolina
Beach began to develop as resort areas. Construction
of the Atlantic Intracoastal Waterway between Beaufort
and the Cape Fear River, by way of Masonboro and
Myrtle Grove Sounds, was authorized in 1927 and
completed in 1932. It provided a channel twelve feet
(3.9 m) deep and 90 feet (29 m). wide. At the lower
end of Myrtle Grove Sound,.the waterway was linked to
the Cape Fear River by the creation of Snows Cut
(Ang.ley,.1983).

In general, the. construction of the waterway
through the Masonboro Island Sounds was opposed by
local -fisherman who feared that it would decrease
salinity, disturb breeding grounds, and result in
overall reduction of catches. This opposition
continued to be expressed long after the waterway was
completed. Growing from these concerns was a proposal
for the dredging of an artificial inlet through John's
Creek (note: at this time the area now known as
Masonboro Island was directly connected to Carolina
Beach and ran north to Masonboro Inlet) . This and
related proposals were investigated by the U.S. Army
Corps of Engineers in 1940, but it was decided that
the creation of such an inlet could not be justified.
However, in 1952 Carolina Beach Inlet was cut through
the barrier as a private venture and thus created the
island. over the past four decades the position and
configuration of the inlet have changed considerably.
The Corps now maintains the inlet channel at an eight
foot (2.5 m) depth and 156 foot (48.4 m) width.

Beginning in 1947 emergency work was undertaken
by the Corps of Engineers to prevent further migration
of Masonboro Inlet on the north end of the island.
This led to the construction of a massive and lengthy
stone jetty on the northern end of the inlet (at the
southern end of Wrightsville Beach) in an attempt to
stabilize the inlet's position. A south jetty
anchored to the north tip of Masonboro Island was
completed by the Corps in the late 1970s.

Masonboro Island is situated between two popular
resort beach areas --Wrightsvi 1 le Beach to the north
and Carolina Beach to the south (Figure 9). A large
portion of the local economy is tied to the burgeoning
seasonal tourist population. The historic port city
of Wilmington (population of 70,000), approximately 5
miles (8 km) to the northwest, has numerous private
business concerns and federal, state, and local
government of f ices. The recent completion of the
Interstate 40 to Wilmington is expected to increase
development and visitation in this popular coastal
area. The University of North Carolina at Wilmington
(UNCW) has approximately 7,000 students and an active
marine science program that includes the Center f or
Marine Science Research (CMSR) which includes the main
office of the Reserve program.

(2) Cultural Resources

Though there are no known artifacts on the
island, Masonboro Island and Sound were involved in

the wrecks of at least four vessels during the course
of the Civil War. Three of these ships were
blockade-runners forced ashore and destroyed while in
route to or from Wilmington. The other lost vessel
was part of the Union blockading fleet. None of the
remains of these ships is currently visible on the
surface of the land or sound bottom.

d. Present Uses

The island complex is a favorite local spot for
sunbathing, fishing, camping, boating, nature study, and
hunting. The sound area of the component accounts f or
approximately $386,147.00 in commercial fish and seafood
production per year during 1980-83 (NOAA/NRCD, 1984).
Facilities which make use of the island 'include
various federal, state, and local agencies. The Corps of
Engineers maintains the jetty on the north end of the
island and periodically dredges the inlets and adjacent
waterway. UNCW uses the component regularly for research
and education activities. The NCA-FF takes school and
public groups to the island on occasional field trips. The
Marine Science Program and Ocean Science Institute at New
Hanover High School and science classes from Laney High
School take field trips to the island. Less frequent use
of the component is made by local groups such as the Lower
Cape,Fear Bird Club, the Sierra Club, UNCW Biology Club,
and the Society for Masonboro Island.

Local Activities That May Affect the Component

(1) Mainland Development

Increasing development on the mainland,
particularly near the creeks and runoff areas, that
flow into the sound area of Masonboro Island, may
present a water quality threat to the component's
sound waters. This issue will be a central focus of
the monitoring plan for the component. These
potential impacts , will be lessened with the
designation of Masonboro Sound as outstanding Resource
Waters and the more stringent regulation of
development along the mainland shoreline.

,IV. THE PLAN

This management plan establishes goals, program and facility
needs as well as framework, policies, and timetables to meet the
goals. The plan is flexible and allows for review to make
improvements in the program.

A. The NCNERR Multi-component System

1. General

As the state with the third largest estuarine area, North
Carolina contains portions of two major biogeographic
provinces, various estuarine basin types, and salinity
regimes. Therefore, it was deemed necessary by NOAA and the
state to have several estuarine types in the program to
adequately represent the estuarine diversity of the state.
A multiple component system will maximize research and
monitoring efforts relative to management decisions and make
education programs available to a greater percentage of the
state populace than would be reached by a single component.
The multi-component system will better reflect the range of
habitats in the Virginian and Carolinian subregions and will
permit development of complementary research and education
programs within the reserve.

Four components have been chosen to comprise the NCNERR:
1) Zeke's Island in Brunswick-New Hanover counties, 2) Rachel
Carson in Carteret County, 3) Currituck Banks in Currituck
County, and 4) Masonboro Island in New Hanover County. These
components span the 300-mile (480 km) length of the North
Carolina barrier island system (see Appendix A for physical
and chemical typology for each component) . The Zeke Is Island,
Rachel Carson, and Currituck Banks components were designated
in-.1985. Masonboro Island will be designated in 1991.

2. General Description Of And Relationship Among The NCNERR And Its
Components

The Zeke's Island Component encompasses a lagoonal, tidal
estuary with barrier islands and a rock jetty. @Located
adjacent to the Cape Fear River ' it is a popular site for
fisherman, beach users, and visitors to the nearby North
Carolina Aquarium at Fort Fisher (NCA-FF).

Just across Taylor's Creek from Beaufort, the Rachel
Carson' Component is located at the mouth of the Newport River
near Shackleford Banks and Beaufort Inlet. The extens ive

tidal salt marshes, f lats, and upland communities of the
islands have attracted use by local researchers (e.g., Duke
Marine Laboratory [DUML] and the University of North Carolina
Institute of Marine Science [UNC-IMS]) , education programs
(e.g., North Carolina Maritime Museum [NCMM] and North
Carolina Aquarium at Pine Knoll Shores (NCA-PKS]), and daily
recreational activity.

The Currituck Banks Component is situated on the northern
outer Banks near the Virginia State Line. The sound area is
oligohaline with wind-fluctuated tides. Formerly a very
remote portion of the coastal barrier system in North
Carolina, the Currituck Banks is currently undergoing dramatic
development and-increased seasonal beach use.

Masonboro Island encompasses an entire undeveloped
barrier island and estuary. This bar-bound estuary has a
variable salinity regime due to mainland creeks that flow into
the sound. The island uplands and sound have been the subject
of many research and education activities by the University
of North Carolina at Wilmington (UNCW) and the NCA-FF. The
island beach is a popular spot for fishing, swimming, camping,
and sunbathing. The component also encompasses 51 acres (20
ha) , located directly across from the island, which will house
NCNERR and UNCW staff and iuture research facilities.

B. NCNERR Management Goals

The NCNERR'will be managed to achieve NERRS objectives, and
each component will have its own program tailored to the
particular research, education, and recreational use needs. The
North Carolina National Estuarine Research Reserve will be
managed to meet the following goals and objectives:

- Establish and manage the areas within the boundaries of the
NCNERR components as natural field laboratories;

- Gather and distribute information on estuarine ecosystems and
the impacts of human stress on those systems that is
essential for making sound coastal management decisions;

- Preserve and protect estuarine resources on a long-term basis,
making them available for continuous future study of the
natural processes and ecological relationships sustaining
the estuarine system;

- Conductf coordinate, and facilitate short- and long-term
estuarine monitoring;

- Conduct, coordinate, and facilitate education and
interpretation programs that will increase public awareness

and understanding of estuarine ecosystems, human effects
on them, andthe valuable and integral role these
ecosystems play in the environment,as a whole;

- Establish adequate state control over key land and water areas
identified in the management plan;

- Facilitate component access as appropriate for research,
monitoring, education, and compatible uses while
controlling access for unallowed uses;

- Provide for controlled multiple use of the reserve components
that allows for the continuation of existing, low intensity
recreational uses that are presently permitted and are
compatible with the reserve's character as natural field
laboratories;

- Develop facilities as necessary to aid in research,
monitoring, and education;

- Promote cooperative management among federal, -state, and local'
agencies;

- Coordinate with existing programs in the areas of reserve
components to maximize the research and education
potentials of the components; and

- Restore degraded areas to a former, more natural condition
when appropriate and practicable, and when the restoration
will enhance the research or education value of the

reserve.

C. General Policies

The following highlights the general policies of the
NCNERR. More specific policies are detailed throughout this
management plan.

- The NCNERR will be managed by a coordinated effort involving
the reserve staff of DCM and various federal, state, and
local groups plus assistance from private individuals.
Many of the agreements between the NCNERR and federal/state
agencies are according to existing MOUs.

- The NCNERR budget and program activities will follow the state
fiscal year, July 1 to June 30. The DEH&NR will coordinate
the distribution of federal and state operational funds and
will act as a liaison between NOAA and the various agencies
and organizations involved in reserve programs.

- Present levels of traditional, compatible uses at components
will continue as provided by local or state laws and
regulations. However, certain research, monitoring, or
educational activities may necessitate temporary changes
in visitor use at a specific location within a given
component.

D. Administration/Management Structure

1. Administration/Management Framework

Since NERRS programs are delegated by the CZMA to states,
the overall program coordination of the NCNERR is the
responsibility of the North Carolina Department of
Environment, Health, and Natural Resources (DEH&NR) . However,
implementation of the various facets of the program, (e.g.,
acquisition, component management, program development, and
enforcement) is accomplished through a coordinated and
cooperative effort among several state and county agencies,
universities, private organizations, and NCNERR committees
(Figure 11). This type of effort is essential because much
of the management structure relies on existing state and
county authorities, laws, and programs.

a.General

(1) Department of Environment, Health, and Natural
Resources

The Division of Coastal Management within the
DEH&NR is the lead administrative agency for the
NCNERR program. The DCM is the recipient agency for
CZMA funding, including Sections 306, 306A, and 315
Coastal Zone Management cooperative agreements. The
reserve coordinator and research specialist for the
NCNERR works for the DCM at the University of North
Carolina at Wilmington Center for Marine Science
Research (CMSR) per a cooperative agreement (see
Appendix E.9).
(2) Involvement@ of Other Agencies

A number of other state agencies, many located
within DEH&NR, will be involved in various aspects of
the NCNERR during particular phases of program
development and management. major roles include the
following:

'National Oceanic and Atmospheric Administration,
Department of Environment, Health, OCRM/Sanctubries and Reserves Division
and Natural Resources COORDINATION, GRANTS, PERFORMANCE EVALUATION
Office of the Secretary NATIONAL PROGRAM POLICY AND DIRECTION
STATE POLICY AND DIRECTION

Division of Coastal Management
CD NCNERR Staff
GENERAL PROGRAM COORDINATION,

cc Local Advisory Committees Research/Educati6n Committees
CD
=4 COMPONENT-SPECIFIC CONCERNS TECHNICAL INPUT
CD
PROGRAMMATIC ISSUES

cn
Ct

MANAGEMENT

State Management Responsibility
------ Policy Direction .....................................................
...... Feedback

Land Acquisition

The State Property Office (SPO) within the Department of Administration
(DOA) is the primary agency for any reserve land acquisition including
easements. Survey, title certification, and appraisal of a given tract are
coordinated through the SPO.and officers ofthat agencyperform theformal
negotiations with the landowner(s). Title to acquired land is in the name
of the State of North Carolina, but management re@ponsibility for reserve
property is allocated to the DCM via the Go.vernor and the Secretary of
DEH&NR.

Component Management

Zeke's Island: 7he reserve coordinator'and research specialist are
primarily responsible for management, but daily patrols of the component
areperformed by staff of Carolina Beach State Parkper an MOU (Appendix
F. 5) between DCH and the state Division of Parks and Recreation (DPR).
Both New Hanover County -and Brunswick County Sheriffs assist with law
enforcement. The Component is also patrolled occasionally by enforcement
officersfrom. the state Wildlife Resources Commission (WRQ and Division
of Marine Fisheries (DMF). 7he NCA-FF uses the site for education
activities.

- Rachel Carson:. The reserve education specialist is the lead person in
charge ofpatrol and management at this component. The Beaufort Police,
Carteret County Sheriff, and DMF officers assist with law enforcement. The
North Carolina Maritime Musewn (NCMM) is the primary state facility
associated with the component and includes the office of the education
specialist.

- furrituck Banks: Though there is no reserve staff in the immediate area
of this component, an MOU between DCM and the U.S. FWY (Appendix
F. 10) providesforpatrols of the property byfederal staff. Reserve staff visit
the component at least quarterly. The CWrrituck County Sheriff based in
Corolla assist$ with law enforcement.

Masofiboro Isla The reserve coordinator and research specialist U411
oversee management of this component with low enforcement assistance
from the New Hanover County Sheriff. Enforcement officersfrom DMF and
WRC occasionally patrol the area.

b.NCNERR Staffing

An adequate staff is essential to meet the research,
education, and other objectives of the NCNERR. Staffing
needs will be met through a combination of federal and
state support. The NCNERR is managed by coordination of
three staff members: the reserve coordinator, research
specialist, and education specialist. General programmatic
needs are listed below.

(1) NCNERR Reserve Coordinator

This position coordinates administrative
functions, research and education programs, and acts
as liaison with NOAA and NERR programs of other'
participating states. The position is located within
the CMSR in Wilmington. The priorities of the
coordinator are to meet the general NERRS goals and
objectives, as well as the specific NCNERR goals and
objectives as defined in this management plan. To
better meet component user needs, assure reserve
resource protection, and secure long-term operation
funding, the reserve coordinator develops MOUs with
other governmental programs.

Research Responsibilities: The reserve
coordinator oversees the implementation of research
and monitoring programs within the components through
the supervision of the reserve research specialist.
These activities will be performed with the
cooperation and advice of the scientific advisory
committee (SAC), the Research Review Panel (RRP),
applicable governmental agencies, and estuarine
researchers. Duties include identifying research
funding sources, overseeing the grant proposal
process, facilitating research at reserve components,
and communicating with the estuarine research
community.

Education Responsibilities: The reserve
coordinator has overall responsibility for
coordination and facilitation of education and
interpretation programs in the NCNERR, including
supervision of the reserve education specialist. The
programs will be undertaken with the cooperation and
advice of the local advisory committees and the
environmental education community. Duties include
coordination of development of on-site and outreach
programst preparatIon and solicitation of grant
proposals, and contact with estuarine educators.

other Responsibilities: The position also
involves the total administration of the NCNERR
program, particularly those required under state and
f ederal procedures and award conditions. These duties
include preparation of required documents and budget
management. The coordinator is also responsible for
working with the reserve staff, volunteers, advisory
committees., DCM officials and those of other state
agencies, local officials, and other interested
parties on issues involving reserve policy, planning,
and operations.

(2) NCNERR Research Specialist

The research specialist is the primary person in
charge of the research and monitoring within the
NCNERR. This position is located within the CMSR and
encompasses the prime mission of the reserve program
to facilitate and participate in estuarine research
within the components so that the results may be
utilized to improve coastal management decisionmaking.
Job duties include: compilation and maintenance of a
computer database of previous reserve research,
solicitation of research grant proposals, coordination
of proposal review with the Research Review panel and
SRD, development and coordination of reserve
monitoring regimes, and assisting the reserve
coordinator with management of the Zeke's Island and
Masonboro Island components.

(3) NCNERR Education Specialist

This position functions as a combination of
education coordinator and manager of the Rachel Carson
Component. The office for this position will be
located at the North Carolina Maritime Museum (NCMM)
in Beaufort, just across Taylor's Creek from the
component. This proximity to the component is most
desirable because of the regular visitor use during
April - October. Thus, a regular part of the job is
to patrol the site' on a daily basis. Among the past
problems that occasionally need to be dealt with are:
illegal camping, fires, cutting of vegetation, and
harassment of wildlife.

The edu cation and'interpretation functions of the
program are invaluable for increasing the awareness
and understanding of estuaries. Teaching school
groups and the general public about the importance of
estuaries and augmenting that knowledge with results
from reserve research and monitoring projects will
ultimately improve' coastal management decision-making.

This is done on-site by field trips to the component
combined with lecture/slide presentations at the NCMM.
Outreach programs, particularly during the fall and
winter months, will focus on the entire reserve
program and include workshops to promote the reserve
estuarine curriculum, 'Troject Estuary."

General job duties include:

- Provide verbal and written information about the
NCNERR to the public;

- Coordinate, with the educational staff of the NCMM,
and conduct field trips to the Rachel
Carson Component;

- organize and give-presentations (e.g., slide show,
lectures, workshops) concerning the
NCNERR at the NCMM and various
locations;.

- Organize and coordinate volunteer activities (e.g.,
litter pick-up, monitoring of visitor
use) relating to the Rachel Carson
Component;

- organize and coordinate activities pertaining to
National Estuaries Day and Coast
Weeks;

- Patrol the component regularly (daily whenever
possible) and be available to deal
with problems during off-hours;

- Inform component users of improper activities;
request assistance from law
enforcement authorities when
necessary;

- Maintain liaison with NCMM staff; members of the
Rachel Carson Local Advisory
Committee, regular users of the
component, and researchers with
on-site projects; and

- maintain regular (at least weekly) contact with the
reserve coordinator.

c.Advisory Committees and Review Panels

A very important facet of reserve management is input
on various topics by component users and interested

parties. Management issues relating to each component are
discussed by Local Advisory Committees (LACs), while
research matters are covered by the Research Review Panel
(RRP) and Scientific Advisory Committee (SAC). These
committees encompass broad spectrum of expertise and
experience. Membership is by invitation from the Secretary
of DEH&NR and the members serve on a permanent basis.
However, the reserve coordinator may recommend replacement
members for those who no longer choose to serve on a given
committee. All of the committees operate strictly in an
informal, advisory capacity and are not responsible for the
day-to-day operations of the reserve.

(1) Local Advisory Committees (LACs)

Each component has it own Local Advisory
Committee (LAC) composed of members representing the
local community. Each committee includes the reserve
coordinator and representatives from local government,
educators, scientists, environmental groups, adjacent
landowners, and traditional users.

LACs function both as advisory groups and public
forums through which local citizens work with NCNERR
staff to:

- Determine the nature of local management problems
relating to the component;

- Advise the reserve coordinator in order to resolve
conflicts within the community
regarding the component; and

Review the progress in implementation of the
management plan at a given component
and make their position known on
reserve policies and actions in
consultation with their constituents.

The LACs make their recommendations to the
reserve coordinator. LAC members are expected to
discuss.relevant program issues and committee actions
with their constituents on a regular basis. Each
local advisory committee will meet at least annually.

d.Private organization Involvement

(1) Society for Masonboro Island (SMI)

The SMI is a private, non-profit organization
based in the Wilmington area that has as its goal the
complete acquisition and preservation of Masonboro

Island. The SMI has assisted the state in acquisition
of the island by contacting island landowners,
purchasing interests in certain tracts, and lobbying
state And federal legislators. concerning funding
needs. Members of the SMI will serve on the local
advisory committee for the component and will
participate in management activities.

2. Enabling Agreements

Memoranda of understanding (MOUs) have been established
with various agencies (see Appendix F) to affect management
of the components. Some of these agreements involve such
activities as use of facilities, patrol of components, and
development of cooperative programs. Each MOU describes the
goals of the NERRS, the relationship of NCNERR to the given
agency, and (when applicable) boundaries of the component(s)
involved.

3. Federal Government - NOAA Program Review

The research reserve program operates as a f ederal/state
partnership. Although the management of a reserve is the
long-term responsibility of a given state, NOAA cooperates
with and assists the state on a day-to-day basis, and reviews
state programs regularly. The purpose of the NOAA review is
to ensure that a state is in compliance with federal NERRS
goals., approved work plans, and reserve management plans. The
primary mechanisms used by NOAA to review state programs
include the following:

a.communication with NOAA

NOAA staff, in particular the program manager,
communicates directly and regularly with state reserve
staff. Communication builds a level of trust between
federal and state staff, and familiarizes both NOAA and
state personnel. with reserve management procedures and
policies. The cooperative approach is needed for a
research reserve.to be successful. Both oral and written
communication are necessary, and site visits, as travel
funding allows, is advisable.

b. Federal Funding

Another mechanism available to NOAA is its research
reserve funding program. NOAA provides different
categories of funding (e.g. research, education,
acquisition and development, operation and management) to
a reserve. Quarterly performance reports and a final
report are required. NOAA personnel carefully review the

reports and associated communications to ensure compliance
with program policies and specific award conditions.

C.DeSignation

The site designation process is also a primary avenue
through which NOAA reviews actions. A state site (or
constituent component) nomination must be assessed and
endorsed by NOAA prior to formally beginning the
designation process. As part of this preliminary stage,
the site selection and public participation processes are
evaluated by NOAA. When the draft management plan and
draft environmental impact statement have been completed
they must also be approved by NOAA before the final
versions of each document are written. NOAA staff have the
responsibility of working with the state to select and
designate national estuarine reserve sites.

d.Performance Evaluations

Finally, pursuant to CZMA enabling legislation
(Sections 312 and 315), NOAA must conduct performance
evaluations of the operation and management of each reserve
every four years while federal financial assistance
continues. If deficiencies in the cooperation or types of
research conducted at a reserve are found, NOAA may
withdraw financial assistance to the reserve until remedies
are in place. National Estuarine Research Reserve
designation can be withdrawn by NOAA when a reserve is
found to be deficient and fails to correct the problems
within a reasonable time.

E. Research and Monitoring Program

Estuaries are important to the nation's economy and
recreation while being an integral part of the earth's
environment as a whole. Understanding and protecting this
important resource has become increasingly important due to land
use practices and the rise of populations in coastal areas which
contribute to the degradation of estuaries. There is a need for
extensive research to define management strategies while
allowing multiple uses that minimize detrimental environmental
and ecological impacts on estuaries.

The top priority of the reserve program is to coordinate,
facilitate, and conduct research which will provide information
useful for coastal management decisionmaking. The creation of
permanently protected research sites is an important step toward
a more comprehensive and integrated approach to research,
monitoring, and management of estuarine areas. The results of

these activities will hopefully improve coastal management in
North Carolina and the nation.

The reserve components expand researchers' capabilities to
perform long-term studies in sites representative of the diverse
estuarine biogeography and typology found in the state. The
components provide the opportunity to observe and explain basic
functions and changes in the natural systems, and to apply this
knowledge to other parts of relatively undisturbed estuarine
systems. The components also serve as control areas for
comparison to estuarine areas adjacent to developments.

1. Goals of the Research and Monitoring Programs

The goals of the reserve research and monitoring programs
shall be to:

- Establish and manage key land and water areas of the reserve
for long-term use as natural field laboratories;

- Coordinate NCNERR research projects to streamline scientific
efforts, maximize efficient use of funds, and avoid
unnecessary duplication of 'efforts;

- Enhance scientific understanding of estuarine ecosystem
processes and functions;

- Gather and make available information needed by reserve
managers and coastal decisionmakers for improved
understanding and management of estuarine ecosystems;

- Collect important baseline data to use as a control for
monitoring differences over time and for making
comparisons with other areas;

- Identify priority.. resources, gather baseline information on
them, and establish them as indicators of change; and

- Monitor the impacts of human stresses on the estuarine
environment and the effectiveness,of water pollution
control strategies or other landuse regulations.

specific objectives to aid in achieving these goals shall
be to:

- Develop a biological and environmental database for use in
long-term and interdisciplinary studies;

- Compile and maintain a library for reserve research,
monitoring data, and results from the NCNERR and

other reserves, particularly those in the same
biogeographic regions;

- Promote the reserve components in the research community as
long-term field laboratories to be used by state,
local, and private organizations;

- Utilize volunteers to achieve research and monitoring
goals;

- Encourage staff participation in conferences, scientific
meetings, and workshops;

- Develop facilities and 'equipment as necessary to aid in,
research and monitoring; and

- Seek agreements with other research organizations (e.g. Sea
Grant) to facilitate and augment research.

2. Research Priorities

a.14ERRS National Research Priorities

Research programs in the NCNERR address coastal
management issues identified as having local, regional, or
national significance. Projects which benefit reserves in-
other states and those which correspond with the NERRS
National Research Priorities are encouraged. National
Research Priorities are:

Water Management. Research is needed to increase
understanding of how freshwater inflows affect
estuarine productivity, govern salinity regimes,
provide nutrients, couple primary and secondary
productivity, and sustain habitats;

Sediment Management. Rational biological criteria which can
be used to evaluate sediment management
strategies must be developed. Research should
examine sedimentation processes and the
relationships between sedimentation and
ecological processes;

Nutrients and Other Chemical Inputs. Research is needed to increase
understanding of the relationships among nutrient
inputs, nutrient cycling, and production. The
environmental fate of chemical inputs, including
toxicants, and the ef fects of these chemicals on
the ecosystem is another important area of study.

- Coupling of Primary and Secondary Productivity. Research is needed to
increase understanding of ecological
relationships such as trophic structures and food
web interactions, and to increase understanding
of human impacts.on these estuarine ecosystem
processes.

- Estuarine Fishery Habitat Requirements. To formulate effective
management programs, the relationship between
estuarine fis 'h production and the quantity and
quality of nursery areas must be investigated.
Information must be gathered on habitat
selection, species migration, species residence
time, food quantity and quality, and the effects
of environmental variations on survival and
growth of fish and shellfish.

on these subject areas can be
found in the AERRS Research Plan (available from NOAA/SRD) .

Each year NOAA issues a NERRS Research Opportunity
Announcement in which it elaborates on the latest
interpretation of these priorities. Proposal funding
decisions are based on the relationship between the
proposed research and these national priorities. In
addition to these five major research areas, NOAA
recognizes the need for baseline information and lists the
following research areas as being appropriate for federal
funding (note: the first two priority areas are also
priorities under the NOAA National Estuarine Reserve
Research System Research Plan (1987]).

(1) Initial Baseline Surveys

Some baseline data for a few parameters have
already been collected at or near the NCNERR
components. The state Division of Marine Fisheries
has fisheries survey data from the Zeke's Island and
Masonboro Island components. Monitoring of coliform.
bacteria levels is routinely performed by the state
Division of Shellfish Sanitation in the vicinities of
all four components. A NOAA tide gauge is maintained
-at the Duke Marine Laboratory near the Rachel Carson
Component. Several past studies of Middle Marshes
include various baseline data. obviously, additional
baseline studies will be needed to characterize each
component. Baseline surveys can be used to:

Yield,data necessary to define or confirm estuarine
management-issues of concern;

- Serve as a reference for detection of
environmental/ecological change in a
given dstuary;,and
- Aid'in the 1. planning and conducting of special
studies related to the estuarine
ecosystem (examples of special studies
topics are listed later in this
chapter).

(2) Environmental Monitorin

Environmental monitoring will, entail the
systematic, long-term collection of selected data
using many of the same parameters and, ideally, the
same sampling techniques and-locations as the initial
baseline surveys. These data may, be collected by
NCNERR staff volunteers, other governmental agencies,
or outside researchers as part of their research
projects. Impacts of new technology and management
strategies may be observed. A policy for quick
response to @dollect data in the event of unusual
conditions, such as floods, hurricanes, or 'polluting
spills will be-established where feasible.

Environmental monitoring is designed to:

Detect changes in estuarine biological and physical
@features;

Identify and examine relationships between human
activities and estuarine health;

Provide information -to did in the management of the
NCNERR and in coastal management in
general; and

Provide-a data base for special studies.

(3) Specific-Research Projects

Specific research projects may include
experimental research relating to@natural resources,
cultural* resources, @-or soci.o-economic topics.
Research -proposals will be-approved and supported
based on the research priorities of the NERRS Research
Plan, the NERRS Monitoring Program,. the NCNERR, and
component- spec if ic management needs'. 'Special studies
may identify and examine relationships between human
activities and ecological impacts. Studies may
include temporary manipulative experiments appropriate
to improve management of estuarine systems. However,

the manipulative procedures must be reviewed and
approved by NCNERR and NOAA staff.

b.NCNERR Program Research Priorities

NCNERR research priorities will be developed by the
NCNERR Scientific Advisory Committee and Local Advisory
Committees. These priorities will be developed and
modified based on reserve and component- spec if ic management
needs and information gained from initial baseline surveys
and environmental monitoring. They will also reflect NERRS
National Research Priorities.

Examples of special research reserve topics are listed
below. Examples of component-specific topics are listed
under the individual component headings. These lists are
not intended to be complete lists of permitted research
topics, but rather to suggest some appropriate
possibilities. other research topics which address coastal
management issues identified as having a local, regional,
or national significance may also be considered. Examples
of special studies topics appropriate for the NCNERR
include:

- Temporal and spatial variabili ty in the use of
marsh/tidal creek ecosystems As nursery areas for
finfish and crabs;

- Wetland formation (or losses) and production relative to
changes in sea level;

- Archaeological studies; and

- Studies to compare stream systems protected within the
reserve to stream systems in adjacent, more
developed areas;

The research and monitoring programs at each component
vary- somewhat because of the different natural
.characteristics, research potential, and management
objectives at each component.

(1) Zeke's Island

This component has considerable research
potential because it includes a natural inlet,
extensive salt marshes, and an estuarine tidal basin
that is partly separated from the Cape Fear River by
a rock jetty. Habitat mapping (Kirby-Smith, 1989) and
productivity of benthic micoalgae (Cahoon, 1988) have
been studied. Examples of possible research topics
for the Zeke's Island component are:

- Sedimentation in "The.Basin";

- Fish and shellfish production in the tidal creeks;
and

- Inlet dynamics and its influence on the estuary and
recruitment dynamics.

(2) Rachel Carson

A component with many use demands, Rachel Carson
includes Carrot Island, Town Marsh, and Bird Shoal
islands which have experienced dredge material
deposition, regular grazing by feral horses, and
commercial harvest of shellfish. The adjacent Middle
Marshes area is truly pristine. Breeding bird use of
spoil areas (Parnell and Golder, . 1986), habitat
mapping (Kirby-Smith,' 1987), eel grass wasting in
Middle Marshes (Short et @ al., 1987), plant
colonization of dredge material areas (Evans, 1988),
and feral horse impacts on the reserve salt marshes
(Hay and'Wells, 1989) have been studied. Additional
research topics include:

- Impacts of sea level rise on marshes;

- Plant and animal succession on dredge material
areas;

- Intra-reserve comparisons of human uses and impacts
between Middle Marshes and the
regularly used areas of the site; and

- Submerged aquatic vegetation research at Middle
Marshes.

(3) Currituck Banks

The unique aspect of this reserve is the
low-salinity of Currituck Sound and its brackish to
freshwater biota. Only habitat mapping of the, site by
Kirby-Smith (1989) has been completed. Among the
potential projects possible at this component are:

- Productivity of submerged aquatic vegetation and
associated fauna;

- Potential for inlet formation and its subsequent
effects;

- Impacts of feral animals (e.g., horses and pigs) on
reserve communities;

Explore oligohAline habitat values for estuarine
dependent fauna found in other
salinity regimes.- and

impacts of local'development on island groundwater
supplies and sound water quality.

(4) Masonboro Island

This component consists . of an essentially
undisturbed barrier island situated between two
developed barrier systems, Wrightsville Beach to the
north and Carolina Beach to the south. The only human
activities that have occurred on the island are jetty
construction and maintenance dredging of the inlets
and the' Atlantic Intracoastal Waterway. Habitat
..mapping..(Ki rby-Smith,' 1989) And variIous UNCW research
projects (e.g., Hosier and Cleary, 1977; McCrary,
1984; Parnell, 1984) have been performed. Topics to
be investigated includei

Migration and erosion of the barrier system and-
associated marshes;

Factors@affecting establishment of eel grass beds
near the southern limit'of the its
range;

Comparisons of water quality and estuarine health
between,the component and adjacent
sounds at Carolina Beach and
Wrightsville Beach; and

Inlet dynamics and effects on estuarine physical
features and biological recruitment.

I. NCNERR Policies and. Procedures for Research

Research at the NCNERR will investigate the natural
processes of the estuarine system and human.impacts on these
processes. The highest priority i-s to coordinate, facilitate,
and conduct research to provide useful information for coastal
maiiagement decisionmaking.

The NCNERR program makes all components available to
researchers as .,long-term. field laboratories which are
especially suitable-. for studying estuarine problems. The
program offers:

- Long-term opportunity for temporal and spatial sampling in
wetland, upland, and open water habitats that are
relatively undisturbed;

- Greater opportunity f or use of observational and analytical
techniques in protected estuarine subsystems; and

- opportunity for long-term accumulation of comparative data
at these sites.

Activities permitted in the core area of each component
(see Section J) are limited to research activities which do
not manipulate habitats'. Manipulative research procedures may
be permitted in the buf f er zone of the r@ eserve as long as they
address identified research or management needs. Any research
activities which, in the estimation of the state and NOAA, may
result in significant long-term impacts on reserve resources
or habitats require prior approval of the state and NOAA.

To assist new researchers at the components, information
packets will be available from the research specialist. These
packets will contain background information pertaining to each
component and an area map, designating the reserve boundaries.
New researchers will also be offered a "tour" of the
component(s) to gain familiarity with the research
surroundings and general location. They will be informed that
all research equipment plac *ed on the reserve must be clearly
labeled as to ownership. The researcher(s) will be
responsible for removal of these materials at the end of the
project. Failure to comply with NCNERR research policies will
result in disqualification from future research funding and
use of reserve sites.

Research, monitoring, and education projects will receive
first priority within the reserve boundaries. Component
management will carefully balance uses of the reserve to
ensure that the objectives of the program are, protected and
sustained. The scope.of component 'management will 'not in any
way be diminished by the NCNERR research and monitoring plan.

Research opportunities are available to any qualified
scientist, undergraduate, or graduate student af f Mated with
any college, university or school; non-profit, non-academic
research institution (e.g., research laboratory, independent
museum, professional society); private profit organization;
or state, local, or federal government agency. @ These
opportunities are also available to any individual who has the
resources and capabilities needed to perform the work
required.

Research opportunities will be available to all
applicants without regard to manner of funding. Financial

:67

support may be available for research if the results are
directly applicable to improved coastal zone management.
Support may come through, the State of North Carolina, the NOAA
Of f ice of Ocean and Coastal Resource Management, NOAA Sea
Grant, the Environmental Protection Agency, or other*sources.
Researchers not seeking financial support may apply to do
research at any time. Researchers seeking financial support
from NOAA/OCRM must follow NOAA I s research and monitoring time
table.

All research proposals are evaluated by the reserve
coordinator and the research specialist for consistency with
NCNERR goals and to ensure that the proposed research will not
interfere with other research at the reserve. Projects are
selected based on their importance to coastal zone management
issues, scientif ic/educatidnal merit, and technical approach.
Other project selection criteria include: the environmental
consequences of the project; immediacy of need; and the
relationship of the project to other available information and
studies.

a.Procedures for NOAA-Funded NCNERR Research

Proposals which target NOAA funding are evaluated by
NOAA using their own guidelines. In order to qualify for
NOAA funding, NCNERR research proposals must address one or
more of the NERRS National Research Priorities and fulfill
the requirement of the appropriate Request for Proposal.
NOAA funds are awarded on a competitive basis and proposals
will compete with other reserve research proposals
throughout the NERRS.

The NCNERR research specialist is responsible for
coordinating all research and monitoring activities for the
reserve. To facilitate this, NOAA will maintain close
contact with the NCNERR research specialist and keep that
person informed of the progress of NOAA-funded researchers.
One complementary copy of quarterly performance reports,
the final report, and any other research information
received by NOAA will be sent to the NCNERR in a timely
manner. The NCNERR research specialist will maintain
regular communication with the researchers and aid in
coordination of reserve research activities.,

To achieve the NERRS goals of 1) "making available
information necessary for improved understanding and
management of estuarine areas" and 2) "enhancing public
awareness and understanding of the estuarine environment";
it is expected that NOAA-funded researchers will also
provide a presentation on their research findings at one of
the North Carolina Aquariums or the North Carolina Maritime
Museum.

b.Procedures for State-Funded NCNERR Research

All proposals which do not target NOAA funding will
also be evaluated by the Research Review Panel. Research
proposals that focus primarily on site-specific topics and
do not rely on NOAA funding shall not require NOAA approval
as long as they are consistent with identified NCNERR
research needs. However, a courtesy copy of these
proposals will also be sent to NOAA. Coordinated and
streamlined procedures for the review and approval of
research proposals and permits will be established.

The NCNERR requires that researchers provide the
research specialist with quarterly performance reports, a
final report, and an abstract and one copy of any
publications resulting from research at the reserve. The
final report will include: an abstract, a literature
review, methods, analyses, results, and a conclusion. It
will include a summary of the gathered data and a list of
the analyses completed.

. Presentations of the research results will be
scheduled at the North Carolina Aquariums or the North
Carolina Maritime Museum to better inform the public of
information needed to improve coastal management
decisionmaking., Executive summaries of the results will
also be made available to any interested parties,
particularly coastal managers and the Coastal Resources
Commission. Pertinent research information from these
sources will also be sent to NOAA. I

c.Procedures for NCKERR Research (funded by sources other
than NOAA or the state)

The NCNERR research specialist will negotiate
reporting and presentation requirements for research funded
by sources other than NOAA and the State of North Carolina
with the reserve coordinator, the researcher, and the
funding source. For example, researchers who must provide
progress reports to their funding agency may be asked to
submit copies of those reports to the NCNERR research
specialist. A permitting process for research within the
reserve will be developed.

4. -Monitoring Program

In 1989, NOAA initiated a phased monitoring program to
assist states in developing a better understanding of the
estuarine resources being managed under the reserve program.
The following phases will constitute the development of the
NCNERR monitoring program:

Phase I, Environmental Characterization: literature review and/or
field research to acquire all available information on
hydrology, geology, water chemistry, water quality,
biological resources, and the problems and issues
confronting the reserve environment;

Phase II, Site Profile: involves a synthesis of information
gathered in Phase I to provide an overall picture of the
reserve in terms of its resources, issues, management
constraints, and research needs;

- Phase III, Procedures and Requirements: identification of
parameters to be measured, procedures to be used (criteria
for measurements, quality control, and standard procedures
where they already exist), sampling strategy for selected
parameters (spatial and temporal intervals), storage and
retrieval of data (reporting, formatting and analytical
requirements), manpower requirements, logistics, and cost;
and

- Phase IV, Implementation: initially, pilot projects and upon
successful evaluation, full-scale monitoring of selected
parameters.

5. Recruitment of Researchers for the NCNERR

Recruitment of researchers is important to build the
NCNERR data base and to establish the components as long-term
natural f ield laboratories. Recruitment strategies include:

- Coordination through scientific/technical advisory
committees;

- Participation of NCNERR staff in research symposia,
conferences and workshops;

- Intern programs involving graduate students or upper class
college students;

- Annual announcements of research opportunities and NOAA
research funds through NOAA's Sanctuaries and
Reserves Division; and

- other research and monitoring funding;

6. Coordination of Research/Monitoring Efforts

Another research benefit offered by the reserve is the
potential for coordination of research/monitoring efforts.
The NCNERR offers permanent places where various research
institutions may coordinate their projects and compare

results. Data will be compiled, assembled, analyzed, and made
available in the appropriate form for use by other
researchers, coastal managers, and the public.

a.Coordination among NCNERR Components

The reserve coordinator and research specialist
oversee research and monitoring among the NCNERR components
with assistance from the Scientific Advisory Committee and
NOAA. Data for all research/monitoring activities will be
maintained at the Center for Marine Science Research (CMSR)
in Wilmington. The Rachel Carson Component may also have
a repository for site specific information and research
results.

b.Coordination with the NERR System

The NCNERR works closely with NOAA staff, especially
their research coordinator, to develop and access National
Research Priorities. NOAA is also involved with the
reserve through research funding and proposal evaluation as
already discussed in section 3. a of this chapter. The
reserve coordinator will communicate with reserve managers
from other states, particularly middle and south Atlantic-
states, and will work with NOAA and the NERRS, network to
establish a national information exchange system.

Data from the NCNERR contribute the national network
of long-term studies to monitor the status and trends of
estuarine ecosystems. Data from the NERRS make a
substantial contribution to the understanding of long-term
ecological effects on estuaries and are useful in
predictive trend analyses of ecological stresses.
Coordinated research aids greatly in understanding the
theoretical and practical aspects of conservation and
coastal resources management.

With assistance from NOAA, an electronic mail system
(OMNET) will be established at the. CMSR in Wilmington. The
system will help link the reserve to other National
Estuarine"Research Reserves, National Marine Sanctuaries,
the University of North Carolina Sea Grant Program, NOAA,
and other programs in marine and estuarine science
community.

c. Coordination with Other Coastal,, Estuarine,, and Natural
Area Programs
Research and monitoring programs will be coordinated
with a number of state agencies and academic institutions.
These institutions include:

Duke University Marine Laboratory
East Carolina University
Elizabeth City State University
North Carolina Aquariums (NCAs)
North Carolina Maritime museum (NCMM)
North Carolina State University
North Carolina Division of Coastal Management
North Carolina Division of Environmental Management
North Carolina Division of Marine Fisheries
University of North Carolina - Institute of Marine
Science
University of North Carolina at Wilmington
National Marine Fisheries Service - Southeast Fisheries
center at Beaufort

7. Information Dissemination

Information gathered in NCNERR research and monitoring
and the management implication of this information will be
made available to decisionmakers and the public in
understandable formats. Both NOAA and NCNERR will encourage
the dissemination of research res@ilts according to the
following methods:

NOAA's computerized abstract service, keyed to NOAA
contract numbers and revised annually (hard copies of the
collected abstracts are available upon request to reserve
managers, other federal and state agencies, universities,
and individuals);

Technical reports, including final reports and those
distributed by NOAA through its Technical Memorandum
Series;

Journal articles;

NOAA-written synthesis of technical reports;

Presentations at professional societies; and

Special symposia arranged by NOAA or reserves, often in
association with other meetings such as the biennial
meetings of the Estuarine Research Federation or Coastal
Zone Managers.

In addition to NOAA information dissemination routes,
NCNERR will utilize several state-wide avenues of information
and research exchange including:

Summary of research at reserve components;

Workshops and conferences at the CMSR;

NCNERR research opportunities brochure and additional
literature, distributed with the annual call for proposals
and at appropriate conferences and other events;

Press releases to local media;

Articles in journals of local organizations;

Direct mailings to state and local decisionmakers; and

Regular contact with representatives of other state and
federal agencies, local government agencies, and planning
boards.

F. Education and Interpretation Program

Protected estuarine systems, such as the North Carolina
National Estuarine Research Reserve, provide exceptional
education opportunities. Reserve education 'and interpretation
programs broaden the public understanding of the value of
estuarine resources, increase citizen awareness of actions they
can take to protect these important resources, and interpret and
disseminate useful research results and other information to
coastal decisionmakers.

1. Goals of the Education and Interpretation Program

The,goals of,education and interpretation programs are
to:

- Enhance public awareness and understanding of estuarine
ecosystems, human effects on them, and the
interrelationships of these ecosystems with the
environment as a whole;

- Provide information and education opportunities to coastal
managers and other decisionmakers, enabling them to
make sound, informed decisions;

- Increase public awareness of the value of estuaries (e.g.,
for flood control, as a chemical and nutrient buffer
zone, as a habitat for wildlife, and as a food web
base);

- Increase awareness of the value of North Carolina estuaries,
particularly the NCNERR components, for seafood,
recreation, navigation, wildlife, and aesthetics;

Foster individual responsibility and stewardship,of
estuarine resources and, increase awareness of actions
citizens can take to protect these important
resources;

In order. to achieve these goals, education and
interpretation programs will:

Provide facilities, materials, and staff as necessary to aid
in education-and interpretation;

Educate the public about the importance of estuaries in the
natural environment, through exposure and
participation in activities' that will develop a sense
of ecological awareness,,appreciation, and
responsibilityl:
Provide exhibits*and displays'which focus onthe functions
y
-and importance .of estuairies', with emphasis on a
multisensory, interactive approach;

Conduct. educational, activities on-site and provide outreach
programs for schools, camps, and other organizations;

Participate in regional, state, and local programs puch as
National Estuaries Day and other Coast Weeks
programs; and

Utilize volunteers and community resources to'implement
educational objectives.

2. Framework/Policies of Education and Interpretation. Programs

Reserve education programs operate, in part, through
cooperative efforts with education organizations already
established in the region. In particular, the education
programs of the NCAs, the NCMM, and Sea Grant have already
initiated estuarine awareness in the state.. Using this as a
foundation,. the reserve will create a hands-on, interpretive
.approach to convey existing and new information to visitors.
specific activities are tailored to reflect individual
component resources, while increasing overall knowledge and
awareness of estuarine systems,. Particular emphasis is placed
on the role of the estuary in the total environment and
interrelationships of research, conservation, and.management.

To meet the 'goals and objectives of the education
program'r@the education specialist will developand implement
education programs at the Rachel Carson Component ' and will
coord inate and assist the education programs at the other
three components. Because the Rachel Carson, Zeke's Island,

and Masonboro Island Components are near relatively large
coastal population centers, regular programs will be provided.
The Currituck Banks Component is f ar removed f rom the nearest
marine education facility, the NCA/RI, thus special group
field trips will be the primary planned activity.

Interpretive activities at -the components will expand
awareness and appreciation of estuarine resource management.
Activities'should provide an understanding of the processes
that created these valuable resources and the continuous
nature of those processes.

The focus of education and interpretation programs will
be outdoors, using f oot trails and predetermined routes.
Indoor exhibits will act to supplement the outdoor exhibits
and activities. Exhibits will be interactive and multisensory
whenever possible, based on' the belief that learning
absorption is facilitated by the involvement of the senses.
Where practical, education programs will be linked to research
projects at the components,

Education and interpretation programs will be designed
to place minimal stress on the ecosystem. Generally,
education activities will be conducted outside the critical
research areas at each component to prevent disturbance to
research projects and to avoid disruption of remote, pristine
areas of the ecosystem. In some cases, research projects will
be involved in education activities. With careful management
and coordination, education and research/monitoring programs
will compliment and enhance each other at each component.

The education specialist will organize outreach
activities to schools, special interest groups, civic groups,
and professional organizations. Lectures and workshops will
explain the educational experiences, available at each
component and how each group can take advantage of these
opportunities to meet its specific needs. The education
specialist will also be available to help schools and other
groups develop curriculum units and other educational
materials for environmental education classes. In addition,
the education specialist will make information available to
coastal management decisionmakers.

The' education specialist and reserve coordinator will
promote the reserve's research and educational opportunities
through press releases and articles,-slide shows, exhibits,
solicitation of media coverage, and development and
dissemination of brochures. Refinements and special projects
may be added to the NdNERR program through participation at
local and regional conferences related to natural area
education.

3. Education and Interpretation Programs

-a.Types of Programs

A variety of educational opportunities will be
generally available at each component. These will be
tailored to, the characteristics of the local ecosystems and
associated facilities. Examples of possible education and
interpretive programs include:

Guided and self-guid.ed,field trips;

Participatory, interactive, and multisensory education
activities and games (e.g., from Project
Estuary);.

"Hands-on" activities such as banding birds and sampling
water quality;

Teacher traininq,workshopsi

Research-related tours'and demonstrations;

On-site and off-site presentations such as lectures,
slide-@-shows, movies workshops, and
demonstrations;

Production and distributioh-,of videos, brochures,
newsletters, and articles as part of an outreach
effort;

A gifted/talented@student_program in estuarine studies
may be initiated during summer months;

Historical/archeological tours;

- Work-study internships for local high school and college
students may.be-e:stablished;

'ducate component users about the
- Site orientations to e
fragility of the estuarine ecosystem and the
locations of restricted access areas such as
criticalresearch zones; and

-,Worksho s..or "teach-ins" to educate decisionmakers on
-topics related to estuarine systems, particularly
'',.involving the results of reserve research
projects.,

b.Education Policies and Programs at Individual Components

Education opportunities will, be.-provided . at each
component of the reserve. Education programs will target
a wide variety of groups including college students,
parents, public and private school -children,. the local
community, and the general public. ..The,.-.education
specialist will establish policies and develop z.programs
which build on and complement existing polices@ and programs
at the components. Education activities will be tailored
to take advantage of special characteristics of each
component.

(1) Zeke's Island

Education policies for- Zeke's Island will be
developed by the reserve education specialist with
assistance and advice from the reserve coordinator,
reserve research specialist, and the Local Advisory
Committee. The education specialist will work with
state agencies, Brunswick/New Hanover- county school
systems, and private organizations in the area to
augment the present level of marine/estuarine
educational activities.

The NCA-FF currently conducts field trips on the
jetty ("The Rocks") and by boat within.thecomponent.
This is complemented by a marsh/sound boardwalk on the
Aquarium property as well as a classroom, exhibits,
and audio visual activities. These programs will
continue and periodically be updated @with new
activities and information.

Expanded use of the component for education
activities will be initiated by the use of the Project
Estuary reserve publication. The education specialist
and Dr. Gail Jones will hold workshops for local
teachers to develop a local constituency of
instructors who can perform the various activities in
the curriculum.guide. This will encourage both on-
and off-site estuarine activities that do not require
the participation of the limited reserve or aquarium
staff. A brochure describing a self-guided tour will
be developed for public use.

(2) Rachel Carson

This component receives regular educational use
in the form of field trips presented by the NCMM, and
less frequently by Duke University Marine Laboratory

and the NCA-PKS. A brochure that describes a
self-guided tour of the component has also been
developed.

Since the education specialist will be based at
the Rachel Carson component, this site will be a prime
focus of education activity within the reserve.
Proiect Estuary activities and lesson plans will be
presented to local teachers in programs at the NCMM
and via outreach efforts. The education specialist
will work closely with NCMM staff to coordinate
educational activities at the component and off-site
to the mutual benefit of both the museum and reserve
programs.

(3) Currituck Banks

Remote Currituck Banks has very little education
use compared to the other components. Field trips by
The Nature Conservancy and the College of the
Albemarle have visited the site. The nearest
education facility is the NCA-RI, some 45 miles (72
km) to the south.

This component will be used primarily by groups
that specifically request a field trip from the
education specialist or the NCA-RI. Currituck County
is presently attempting to restore the nearby Monkey
Island clubhouse which would serve as ideal overnight
facility. Regional workshops will also be presented
to local teachers in an effort to encourage off-site
as well on-site estuarine education. A self-guided
tour brochure will be developed.

(4) Masonboro Island

This component has received regular seasonal use
in the f orm of f ield trips by the NCA-FF and UNCW.
Education development will. be very similar to that
described under the Zeke's Island Component, some
eight miles (13 km) south of Masonboro Island.

c. Possible Topics for Education Programs Throughout the
Reserve

Topics for reserve education should correspond with
the goals of the National Estuarine Research Reserve System
and with the goals of the NCNERR. Examples of topics for
education are listed below. This list is not intended to
be a complete array of permitted education topics, but
rather to suggest some appropriate possibilities.

- definition and importance of estua .ries
- state regulations as they Pertain to-estuaries

- impacts of local development on estuaries

- wetlands ecology

- reserve wildlife

- history

- biological and physical features

- food webs and seafood production

- regional and national estuarine concerns

d.Coordination of EducatiOzi Efforts

(1) Coordination among Components

The reserve coordinator and education specialist
will coordinate education programs among the
components. They will communicate directly and
frequently members of the local advisory committees.
A newsletter will be developed to keep all committee
members and individuals involved with the NCNERR
program up to date on pertinent information. The
newsletter will also be made available to other
interested parities.

(2) Coordination with the NERR System

Information will be provided to NOAA, as
requested, for the NERRS status reports and the
reserve coordinator will communicate 'directly and
frequently with NOAA. .The reserve coordinator and
another reserve representative will attend NERR
manager meetings and conferences.

(3) Coordination with Existing Education Procframs.

The education specialist will coordinate with
existing education programs of , school systems,
government agencies, private , organizations, and
universities in North Carolina. WhenIpos.,sible, the
reserve staff wi 11 work with or anizatA Io
ns that have
environmental and estuarine education programs (e.g.,
p
county school systems, the North Carolina.Aquariums,
and North Carolina Maritime Museum) to expand local
estuarine educational activities.

College and universities in the vicinities of the
reserve will be encouraged to make use of the reserve
for courses, field trips, and workshops for coastal
managers. These institutions.include:

Duke University Marine Laboratory

University of North Carolina Institute of Marine
Sciences

East Carolina University

North Carolina State University

Cape Fear Community College

Elizabeth City State University

Carteret Community College

College of the Albemarle

University of North Carolina at Wilmington

Efforts will also be. made to coordinate with
other agencies, groups and programs on educational
projects. Examples of such entities include other
divisions in the North Carolina DEH&NR, the North
Carolina Department of Public Instruction, the North
Carolina Sea Grant Program, the U.S. Fish and Wildlife
Service, state and county parks and recreation
departments, and private organizations (e.g., Sierra
Club, scouting groups).

G. Volunteer Program

Volunteers will have important roles at the NCNERR
components. As components receive on-site staff, volunteer
programs will be developed to deliver information about the
protected reserve components to the, general public and to
scheduled groups. These programs will be designed to educate
volunteers about the applicable reserve component, its history,
flora and fauna, characteristics of the area, and the@ NERRS.
Volunteers will be able to share their knowledge and experiences
with a large portion of the general public. They will serve as
the site representatives. opinions that people create about an
area are often formed by the first contact that is made.
Therefore, initial contact between a reserve volunteer and the
public is very important.

1. Goals of the Volunteer Program

The goals of the volunteer programs are to:

- Educate the local community through volunteer participation;

- Gain local community support and interaction;

- Promote public appreciation of estuaries and surrounding
uses; and

- Create a sense of responsibility for wise use of natural
resources and protected reserve areas.

2. Proposed Program

To solicit interested volunteers, the reserve staff will
work through local advisory committees, local media, and
educational institutions. For example, articles in local
newspapers will notify the public about the need for reserve
volunteers.

Volunteers must be well trained to be effective and
.successful. Information will be available to educate
volunteers about the history of the NCNERR program, local
history, and estuarine processes of the given component.
on-site training will also be provided. The teserve-Field
Guide (Tag'gart and Henderson, 1988) will be very helpful in
this regard. Training sessions will be held as needed. These
sessions may be general for new volunteers, or they may cover
specific topics to help expand the information available to
the experienced volunteers. Sessions may be coordinated and
conducted by NCNERR staff, area scientists, educators, or
other.knowledgeable persons. A volunteer log book will be
.used to keep track of all volunteer hours. This will include
time for training sessions.

A reserve representative in charge of the volunteer
program at each staffed component will arrange for special
events and coordinate these activities with the volunteer
staff. All i 'nterested volunteers will be contacted for duty
at least one week prior to the scheduled program or event.
If, after commitment, the volunteer cannot make the scheduled
event, they must find a replac 'ement. The reserve
representative in charge of the volunteer program should only
have local replacements in emergency situations.

A volunteer list will be developed and updated yearly.
This list will contain phone numbers, addresses, and areas of
interest or special talents. Volunteers will take part in all
aspects of site use. They may share their ideas in rule and

policy making, planning, and maintenance. They will be able
-to, reap personal satisfaction from becoming part of team,
dedicated to helping and educating others while expanding
their own knowledge. A private non-profit group (e.g.,
"Friends of the Reserve") will be created at Rachel Carson and
Masonboro to, help develop community, financial, and political
support,fot thd-local volunteer program.

H. Resource Protection and Restoration

The health, productivity, and integrity of the estuarine
reserve resources must be protected and, where necessary,
r estored in order to provide a stable environment for research
and, education programs which are used to address coastal
manageme ntissues

Goals of Resource Protecti on, and Restoration

The goals of resource protection and restoration,are to:

Preserve estuarine ecosystems for continuous future use as
natural field laboratories where information
...essential to coastal management decisions can be
gathered and disseminated;

Ensure a stable environment for research through long-term
protection of estuarine' areas, including open water,
transitional area wetlands, and adjacent uplands;

Protect natural, pristine estuarine sites for education
and interpretation programs;

Protect the habitats of birds and other wildlife as an
integral part of the natural.system; and

Pe rm. itrestoration of degraded areas to a former, more
natural condition when appropriate and practicable,
and when the restoration will enhance the research
or education value of the reserve.

Specific.objectives include:

Acquisition of key land and water areas identified in the
site selection process;

Control of access to the components;

Assistance with enforcement of permitted uses of the
components;

- Knowledge of and involvement with land use issues in the
vicinities of the components that could impact the
reserve; and

- Coordination with state and federal authorities to help
prevent degradation of the components by outside
activities.

2. Policies

Resource protection relies on a number of existing
federal, state, and local laws and regulations, plus reserve
use policies and their overall enforcement by reserve staff
and local authorities at the individual components. It is
also the responsibility of the reserve staff to be
knowledgeable and involved with land use issues in the
vicinities of the components. some major current issues
affecting each component are listed under Chapter 3, "Local
Activities That May Affect the Component."

The NERRS regulations allow for multiple use of reserves
to the degree compatible with each reserve's ma nagement plan
and consistent with the mission and goals of the NERRS.
Traditional activities in the NCNERR may continue at levels
currently permitted under local and state laws as long these
uses do not conflict with the overall goals of the reserve as
defined in the management plan.

Public access is encouraged to the extent that it will
not conflict with key protection (core) areas described in
Section J of this chapter. Coordinated enforcement of
existing regulations and access policies will help to preserve
cultural resources as well as natural resources.

Research is the key use of the reserve and is given
highest priority in the management plan. Interference with
research activities can disrupt the effective long-term
management of the estuarine systems. Reserve staff will
monitor research sites and will post signs identifying active
research areas. Nothing may be removed from a component
(except for legally taken fish and game) without prior
approval of the reserve coordinator. . Plants, animals', and
other natural features must remain to protect the integrity
of the components. Hunting and fishing are permitted
according to state and local regulations. Areas may be
designated "off limits" to traditional uses during research
projects that require undisturbed conditions. Bird colonies
requiring special protection will be posted as "off limits"
to vehicles and foot traffic.

'The planning.of any construction within the reserve will
archaeological survey of the given component. A
determination will be made whether known archaeological sites
will. be disturbed by construction. Contact will be made with
the, state Division of Archives and History to evaluate
..potential effects to:cultural,resources. Whenever feasible,
construction plans will be altered to avoid disturbance to
archaeolo ically significant sites.
9

In order. to protect the integrity of the Reserve,
proposed activities which manipulate habitats will be
carefully reviewed to avoid irreparable damage to specific
sites. However, manipulative research which is deemed
acceptable (e.g., within dredge material areas) by NOAA, the
reserve staff, and pertinent local advisory committee, will
be approved. Restoration of the manipulated areas should also
be considered in the proposal review.

Restoration-activities will be minimal. The components
are generally pristine with only sporadic areas that have
experienced past disturbance (e.g., dredge , material
deposition,, horse grazing) . Minor restoration such as litter
cleanup,,,, erosion control, or reestablishment of original
shoreline vegetation may. be undertaken where necessary to
enhance the research and education value to the reserve. Only
native species recognized as part of the local ecosystems may
be planted.

Because the NCNERR components fall under a number of
dif f erent and sometimes overlapping jurisdictions among state
and' local - agencies, coordination and cooperation among all
authorities is essential@' The reserve will coordinate with
these regulatory agencies: concerning activities that may
potentially'impact the reserve components.

Though the,four components are generally encompassed by
the preceding discussion and the use requirements listed in
the North Carolina Administrative Code (Appendix C), there are
a number of site-specific policies. The following policies
have been developed with the assistance of the local advisory
committees and SRD. Review of the use standards at a given
component will be part of annual local advisory committee
meetings.,

a. Recreation

Policy: Traditional recreational uses of each component shall be allowed to
continue as long as they do not disrupt the natural integrity of the
component or any research or education projects.

The four components have long been used by area
residents and visitors for swimming, fishing, hunting,
nature study, and hiking. This tradition of use has
created a strong local pride in and attachment to the
natural and aesthetic values of each component,
Recreation, research, and education are all compatible uses
if they are properly managed. Allowing recreation to
continue promotes full use of the reserve's resources, but
research 'and education programs still take top priority and
will be I
,protected from any undue disturbances,

Policy.- No visitor shall disturb research projects or -research equipment within a
component.

Research is the reserve's highest-priority use and
must receive absolute protection. Disrupting- research
efforts would impair the effective long-term management of
the reserve and other coastal resources.

Policy. Users of the reserve shall not disturb nor remove any live a nimals (except
forfish, shel#7sh, game animals, firbearers, or waterfowl--seefishing and
hunt?ng policies) or vegetation at any component unless it is part of an
approved research or education project. All pets must be under control at
all times.

Removal and destruction of vegetation, can, lead to
serious long-term damage to the ecosystems found in the
reserve by promoting erosion and sedimentation.. Disturbing
nesting birds and other animals can interfere with their
natural habits, possibly causing the animals to leave the
Reserve, thus diminishing diversity. Signs will be posted
stating these rules. Any P'interpret ive/ education trails
eventually established within the reserve will be
compatible with this policy'of respecting the integrity of
the reserve in general.

Policy: Camping orfires in designated areas are only allowed by writtenpermission
from DCM. All users must pack out their own trash.

Restriction of camping and, f ire*r@ protect. the Reserve I s
delicate habitats from disturbance and destruction.
Camping at the,Zeke's Island, Rachel.Carson, and Currituck
Banks components will onl y be piermitted' for research
projects that require overnight.,stay,s,for.observations or
data gathering. Wilderness camp.@ng on,@ Masonboro island
will be allowed within one or more designa ted" areas that
have posted rules.

Policy: Hunting may be permitted in the reserve in accordance with current local,
state, andfederal wildlife regulations. More stringent regulations will be
pursued if hunting conflicts with research and education uses or threatens
the reserve's wildlife populations..

Existing WRC and U.S. Fish and Wildlife Service
regulations set season, bag limits, and limits on methods
of taking for popular game species found at the reserve
components (e.g., migratory waterfowl, marsh hens, doves,
deer, and other game). These regulations, properly
enforced, are adequate to maintain wildlife populations in
the reserve. If the reserve coordinator and local advisory
committees deem more stringent regulations to be necessary,
the DCM will petition the WRC and the Secretary of the
Department of Environment, Health, and Natural Resources to
adopt appropriate restrictions in accordance with
departmental procedures.

Policy. A small public beach recreation area may be established within the
Currituck Banks component in order to facilitate low intensity, day-use
beach recreation that is compatible with general reserve objectives and
promotes reserve education objectives.

The proposed small day-use recreation area, if
established within the Currituck Banks component, will not
be a state park or general purpose recreation facility.
Rather, it will be a limited area in the southeastern
portion of the component that will meet local recreation
needs (primarily those of-the Currituck County area) while
promoting reserve education purposes. The area will be
located and used so as not to impair research objectives of
the reserve, not to harm sensitive environmental resources,
and not to unduly affect neighboring land uses. Recreation
facilities will not include overnight camping nor any
intensive development of the component. An appropriate
buffer strip will be provided between any recreation
facil .ities and adjacent residential development. Any
support facilities that are eventually provided on this
site (e.g., such as a small parking lot and restrooms)
shall be installed only after consultation with the local
advisory committee, Currituck county, NOAA, and'adjacent
property owners. This effort shall be a joint venture
between the state and Currituck County. Such support
facilities shall also be part of the interpretive education
program developed for the component.

b.off-Road Vehicles/Access

Policy: At the Zeke's Island component, power-driven, off-road vehicles (otherthan
boats, emergency vehicles, and law enforcement vehicles) are allowed only
in designated areas on the barrier spit.

The barrier spit is the only part of , the component
that is easily accessible to users 'of off-road-vehicles
(ORVs). Conf ining ORVs- to this area does not diminish
o.ther uses within the compone Int. The islands and marshes.
will thus be protected, while traditional users, such as
fishermen, retain access to the inlet. Special areas for
bird breeding and wintering will be marked to avoid impacts
from vehicles and foot traffic.

Policy: No power-driven vehicles (except boats) shall be used within the Rachel
Carson Component except during emergencylenfiorcement, dredging, or
horse management operations.

Unauthorized power vehicles (e.g., motorcycles and
ORVs) have created problems on Carrot Island and Town Marsh
by frightening animals and trampling vegetation. The Town
of Beaufort has an ordinance that prohibits motor vehicles
on,these islands. Traditional use of boats with motors on
the component's estuarine waters is not affected by this.
policy.

Policy: At the Currituck Banks Component, reserve operation shall not reduce
current levels and rights ofpublic access to properties located between the
component and the Virginia State Line.

Since there is no road across . the Currituck Banks
Component, the a 'ssociated ocean beach has trad 'itionally
been used by residents and property owners for access to
the north. County off-road-vehicle regulations currently
limit this access corridor to the ocean beach seaward of
the dunes. These current rights of access are essential to
allow landowners to reach tracts north of the component
and south of Virginia, as federal regulations now restrict
access through the 'Back Bay National Wildlife Refuge to
certain permanent residents of the Curritucl.k Banks.. The
planned Ocean Hill development roadthat will exit onto the
component property will. provide a link between the ocean
beach and paved roads in the Corolla area.

When the beach is impassable due to high water levels,
access across the component for property owners to the
north will be extended to include back dune areas. The
previously mentioned Ocean Hill development road will also
be part of this "high water" route.

If at some point, in the future driving along the beach
.conflicts with reserve objectives (e.g., conflicts for
environmental reasons, recreational beach uses., or
.research/education uses) it will be the responsibility of
the state'to make available replacement upland access and.
to do so prior to any restrIction of current beach driving.
Any such action will be taken only after full consultation
and coordination with the Local Advisory Committee,
Currituck County, NOAA, adjacent landowners, and current
users of the beach who also own land between the component
and the Virginia state line.

Access across the component shall be for the purpose
of providing' a vehicular route to and from properties
located between Corolla and the Virginia state line. At no
time shall the component be used to provide through access
to Virginia (except for emergencies and the currently
permitted beach driving access to the north allowed to
permanent residents) . Should improved access to properties
located between the reserve site and Virginia ever be
provided from the north, access across the component may be
terminated. Improvement of internal access within those
subdivisions north of the component shall not affect
provision of access across the reserve site.

Policy. Off-road-vehicles at the Zeke's Island and Currituck Banks shall normally
operate only on the flat, sandy beach area; driving over dunes and
disturbing vegetation is prohibited. Vehicles shall use designated dune
crossovers at the Zeke's Island Component. Vehicles using the Currituck
Banks Component duringflooded beach conditions shallfollow interdunal
flats and avoid vegetated areas. Drivers shall avoid posted are'as of nesting
birds. Drivers shall observe a 35 miles (56 Ian) per hour speed limit and
slow to 15 mph (24 Aph) when within 100feet .(32 m) of 'any pedestrian at
these components.

The destruction of plants and sand dunes accelerates
erosion on barrier beaches and diminishes the reserve's
natural productivity and habitat diversity. The beach and
dune areas are popular nesting sites for numerous
waterbirds, such as skimmers and terns. These nesting
areas shall be posted at the Zeke's Island Component. Bird
nests, eggs, and chicks are very hard to detect, even for
a person on foot, and can be easily destroyed by ORVs
driving in nest areas. Also, disturbing nesting birds for
long periods of time may keep adults of f the nests and
cause eggs and chicks to die from exposure. During the
nesting season, the reserve staf f will assist the state
park ranger in marking nesting sites at Zeke I s Island.
Area (s) near New Inlet will also be posted to serve as
wintering and breeding sites for piping plovers.

Policy: Between May I and October 31, off-road-vehicles at the Zeke's Island
Component may only use the sound-side route along the bar7ier spit.
Red-filtered lights must be used at night. Vehicles may not drive on the
beach and crossing over must be done onfoot. Off-road-vehiclespermitted
on Masonboro Island (for research, enforcement, or emergency purposes
only) should only operate in the intertidal beach zone during this time
period.

Th e beaches of Fort Fisher and Masonboro Island are
nesting grounds for sea turtles, primarily Atlantic
loggerhead, that come shore to lay eggs at night during
high tides May 1 to'August 31. White lights from vehicles
or buildings keep them f rom coming ashore and nesting.
Lights also cause newly hatched turtles (they may hatch as
late as October 31) to crawl in the wrong direction when
they emerge from the nests. Tire tracks on the beach can
impede or mis-direct hatchlings on their way to the ocean._

c.Fishing and Hunting

Policy: Fishing, shelffishing, and hunting may occur within the limits of local and
state laws. Hydraulic dredging or "clam kicking " is prohibited within the
reserve.

.Sport and commercial fishing and hunting will
generally be allowed to continue within the reserve,
subject to existing regulations on bag limits, seasons, and
gear limits. Collection of all migratory birds requires a
U.S. Fish and Wildlife permit as well as a WRC license. At
the Currituck- Banks Component, traditional hunting and
fishing in the sound waters and commercial fishing along
the oceanfront ("haulseining") will not be prohibited. ' In
order to maint -ain ecosystem diversity and protect the
natural integrity of the site, hunting and trapping of
certain species on uplands portions of the component may be
necessary. If these rights do not exist currently, they
may be extended on a case-by-case basis in consultation
with the reserve coordinator, local advisory committee, and
the WRC.

Hydraulic dredging to harvest shellfish destroys
underwater habitats by severe disturbance of estuarine
bottoms and vegetation plus sedimentation of adjacent
shellfish beds. Hydraulic dredging is prohibited in the
reserve according to existing DMF Regulations- (N.C.
Administrative Code, Title 15, Subchapter 3B, Section .0900
"Clams", Section .1000 -- "Scallops").

Policy. Certain areas of the reserve may be closed to commercial and recreational
fishing and shelffishing to provide undisturbed sites for research and
fisheries reproduction.

once research better documents the reserve's submerged
habitats and the species they support, certain portion's of
components may, be closed to shellf ishing and fishing. Such
closings might benefit commercial fishing by providing
excellent nursery areas and spawning areas. similarly, a,
researcher might propose a project that calls for an
undisturbed, submerged habitat to study fish, shellfish,
plants, and their ecological relationships. Authority to
close certain areas of the reserve rests in the DMF. , *When
the reserve coordinator and the local advisory committees
find such a closing to be warranted, the DCM will petition
the DMF for such a closing in accordance with the existing
regulations (for example, N.C. Administrative Code, Title
15, Subchapter 3B, Section .011 --"Research Sanctuary").

d.Disposal of Dredge Material

Policy: Dredge material disposal shall be allowed to continue at the Rachel Carson
and Masonboro Island components, but only within existing disposal areas
and designated easements. All spoil operations must comply with the North
Carolina Coastal Area Management Act (G. S. 113A-100 et seq.), Dredge
and FillAct (G. S. 113-229), and Section 404 ofthe Federal Water Pollution
Control Act (33 VSC 1251 et. seq.). Spoil disposal sites must be located,
designed, and managed toprevent sedimentation ofmarshes, intertidalfiats,
and submerged lands. All dredge material shall be placed in a manner
consistent with the best technology availablefor the prevention of mosquito
and other disease vector breeding. Ifmosquito breeding occurs, steps will
be taken to control such breeding. All dredging proposals shall be reviewed
by the reserve staff, local advisory committees, and any other interested
parties.

The U.S. Army Corps of Engineers (COE) reta ins
perpetual easements along Taylor's Creek at Rachel Carson
and along the AIWW at 'Masonboro Island. The periodic
deposition of dredge material has maintained the uplands of
Carrot Island, Town Marsh, and certain portions of
Masonboro Island in early stages of plant succession that
provide a valuable nesting habitat for many species of
birds. Periodic material deposition keeps vegetation
limited to grasses and sparse forbs, which is an ideal
nesting habitat for a variety of colonial and
solitary-nesting birds. Dredge material deposition on the
ocean beach at the Masonboro Island Component will not
effect the estuary as the dredge material will be washed
back into the longshore transport of sediments.

Policy: Dredge 'material deposition shall not occur during the critical nesting times
of sea turtle and ground-nesting shorebirds. If dredging is unavoidable
during that time period, it shall be contingent upon prior and concurrent
monitoring for nesting activity.

The courting and nesting season of shorebirds in the
Rachel Carson and Masonboro Island components extends from
the end of April through September. This roughly coincides
with the sea turtle nesting season, which extends from May
1 through November 15. Deposition' of dredge material
during the nesting, season can negatively impact these
animal.populations. Seasonal monitoring of shorebird and
sea turtle nesting activities shall be a priority activity.

e.Feral Horses

Policy: The State of North Carolina is the lawfid owner of the feral horses on the
Rachel Carson Component. However, the state does not, own the horses
that roam the Currituck Banks Component.

The State Of f ice of General Counsel (within DEH&NR)
has determined that the horses found on the islands
composing the Rachel Carson Component are owned solely by
the state.. The horses on Currituck Banks roam many
properties and thus are not claimed by the state.

Policy: Scientific studies offeral horses population structure, feeding habits, and
impacts on reserve habitats shall be used to determine how to manage these
animals at the Rachel Carson and Currituck Banks components.

Information gathered from studies of the horses on the
components plus additional data f rom similar studies (e.g.,
Cape Lookout National Seashore, N.C. and Chincoteague
National Wildlife Refuge, Va.) will be used to determine
proper management. Theprimary goal of the NCNERR is to
manage the components for research that will improve
coastal management decisionmaking The horses are very
popular with many coastal. residents. However, these
animals represent a management,.c4onflict because they are an
introduced species 'that consume marsh vegetation vital to
estuarine productivity. Any decision on horse management
(e.g., removal, veterinary care, provision of food or
water) -will be reviewed. by the, DEH&NR, NOAA, and members of
the pertinent local advisory committee.

3. Existing State and Local Regulations/jurisdictions Affecting the NCNERR

a.North Carolina coastal Area management Act

The North Carolina Coastal Area Management Act or CAMA
(G.S. 113A-100 et seq. ; NCAC - DEH&NR/DCM - T15: 07) was
passed in 1974 and established an agency (.DCM) and
governor-appointed commission (Coastal Resources commission
or, CRC) to regulate development and certify locally-
adpoted and use plans in 20 coastal counties of North
Carolina. Thus, any development done within the reserve
will be carefully coordinated with the planning and permit
review staf f of DCM so as to conform to. CAMA. The
activities described in this plan are consistent with the
goals and objectives of the North Carolina Coastal
Management Program.

b.North Carolina Coastal Reserve Act (see Appendix G)

The Coastal Reserve Act (G.S. 113A-129.1 - 129.3) was
passed in 1989 and formally established a state program to
preserve certain coastal areas (including the NCNERR
components) for research, education, and other consistent
public uses. Management of the Coastal Reserve shall 11 ...
be carried out in coordination with National Estuarine
Reserve Research System."

c.North Carolina Coastal Reserve Rules (see Appendix C)

These departmental rules (NCAC - DEH&NR/DCM - T 15:
70) were established in 1986 to define the purpose,
responsibilities, functions, components, and use
requirements of the Coastal Reserve. The Coastal Reserve
includes the four NCNERR components plus two other sites
(Permuda Island and Buxton Woods). The reserve use
requirements (T15: 070.0200) specify general management
standards within the component boundari6s.

d.State Nature Preserves Act (see Appendix H)

On September 16, 1987 the reserve components were
dedicated as State Nature Preserves by Governor James
Martin. The letter of allocation lists a number of
criteria that are already 'encompassed by the use
requirements of the Coastal Reserve Rules (see c above) as
well as the policies described in this management plan.

e.Public Trust Doctrine

This general doctrine is derived from case and common
law, but is referred to in the state general statues (G.S.

113-131A-E; 145.1) pertaining to the DEH&NR. In essence,
marine and estuarine resources are part of the public
domain and therefore owned by the state (except for certain
situations such as valid state Board of Education grants).
This principle is important relative to reserve acquisition
since, the majority of a given component consists of
intertidal/subtidal lands which, according to public trust,
are Already in state ownership. As a consequence,
acquisition ef forts have only been focused on upland tracts
within each component@

f. Division of marine. Fisheries

The DMF has the primary charge of regulating
commercial and, recreational taking of fish and shellfish
within the state, including the reserve components. DMF
enforcement officers patrol the reserve components as part
of their jurisdictions and may assist the reserve staff
with enforcement matters per an existing MOU (see Appendix
F.3).

g. Wildlif eResources commission

The WRC has enforcement responsibility concerning the
taking of game animals (including inland f ishes) and
enforcement of boating regulations. WRC enforcement
of f icers also patrol the reserve components as part of
their duties. In addition, there is an existing MOU (see
Appendix F.11) between the DCM and WRC.

h.Cultural Resources

All archaeological historic property located on or
recovered f rom. state-controlled lands is the property of
the state. The @ North Carolina Department of Cultural
Resources has 'responsibility for mapping, study and
preservation of archaeological historic property. Any
proposed development within the reserve will involve
consultation with this department.

i.Land Use and Zoning

Applicable county and municipal zoning regulations
will be considered in the management of the NCNERR.
Management will also be consistent with land use policies
and land classifications,adopted as part of local land use
plans.

Zeke's Island: This component is bisected by two
counties, New Hanover and Brunswick (see
Figure 4) . The New Hanover County portion
of 'the component is not zoned f or

development since it is prone to flooding.
The county includes a "Conservation"
classification to encompass coastal areas
within the 10,0-year f lood zone or
CAMA-defined Areas of Environmental
Concern (also see Masonboro Island below) .
In Brunswick County, the Zeke I s Island
component is also not zoned, but is
,classified as "Conservation" land due to
the high potential for flooding.

Rachel Carson: The Town of Beaufort has zoned this
component as OS: open space f or public
use. The Carteret county land use plan
classifies the component as "Conservation
- Public Land."

currituck Banks: Currituck County zoned upland portions
of the component R-01: single family
residences or planned unit development.
The county land use plan classifies the
reserve land as "Conservation."

XasonborQ Island:The upland areas are zoned R-20:
low-density, single density, single family
residences. New Hanover County classifies
this component as "Conservation" land.

4. Surveillance, Enforcement, and Maintenance

Protection of the resources of the NCNERR is essential
to its long-term s ,urvival and its value for research and
education. Policies stated in previous sections of the
management plan control manipulation of habitats by
researchers and control other disruptions (e.g., habitat
disturbance, littering, species removal) by all users of the
.reserve. This section of the plan presents policies for
enforcement of these policies and for maintenance of the
reserve.

a.Surveillance and Enforcement

Policy: 7he reserve staff and enforcement personnel from other state and local
agencies shallperiodically visit each component to identify and investigate
possible violations of reserve policies. Until site managers can be placed
at all components, the reserve will rely on researchers, members ofthe local
advisory committees, and other users of the sites to report any problems.

Time and budget limitations keep the DCM and other
state and local enforcement agencies from maintaining a
continuous presence at' each -component in the NCNERR.
Therefore, all users . of -the reserve must exercise
responsibility for obeying the management policies stated
in this plan, for reporting any'violations of the policies,
and for cooperating with the' reserve staff and. state and
local enforcement personnel.
Policy: The Division of Coastal Management, Division of Marine Fisheries,
Division ofParks and Recreation, Wildlife Resources Commission, and local
law enforcement. agencies shall cooperate in the enforcement of reserve use
standards listed in the North Carolina Administrative Code (see Appendix
Q as well as applicable state and local laws.

Each component in the NCNERR falls into a number of
different, sometimes overlapping, jurisdictions of local,
and state law enforcement agencies. Such'ovorlAp demands
strong lines of communication and a strong sense of
cooperation on the part of the enforcement agencies.

At Zeke's Island, the DEH&NR has assigned management
responsibilities for patrol and enforcement of the barrier
spit to the Division of Parks and Recreation :(see Appendix
F.11). in addition, the New Hanover County Sheriff has
jurisdiction throughout the Zeke's Island and Masonboro
Island components. The Town. of Beaufort Police and
Carteret County Sheriff Department respond to problems at
the Rachel Carson Component. Currituck Banks is within the
jurisdiction of Currituck County Sheriff, who has a deputy
stationed in Corolla., The WRC has authority,to Patrol the
lands and waters of the entire reserve to enforce their
regulations. Likewise,. the DMF patrols the sites to
enforce marine-fisheries regulations.
Policy: Men deemed necessary, the Division of Coastal Management shall enter
into cooperative. agreements with pertinent law enforcement agencies to
clarijy enforcement jurisdictions and responsibilities.

Each reserve component has in the past experienced
some difficulty with response to law enforcement calls.
This difficulty has arisen largely from a. i lack of
understanding on the part of enforcement authorities
regarding which agency,should respond toa given problem.
Cooperative ag'reements.will help to", clarify' each agency's
role relative to the reserve and thus coordinate and
expedite enforcement of reserve use standards.

�5

b. Maintenance

Policy: At thepresent time, the North Carolina National &tuarine Research Reserve
shall rely on volunteer efforts to maintain the quality of the components.
7he reserve staff will coordinate periodic litter collections using local
volunteers.

.Periodic litter cleanups are necessary to maintain the
quality of the natural habitats within the reserve. Most
visitors to the components treat the areas with respect,
but some people thoughtlessly leave trash behind. There is
also a considerable amount of debris that is deposited on
the ocean and estuarine beaches by the tides. Cleanup
efforts will be publicized to stimulate increased
participation and decrease litter problems.

1. Facilities Development and Equipment

Facilities enhance access to the reserve and provide
support f or research and education programs. The number and
type of facilities needed varies with the intended use of
particular components. Basic equipment required to operate
reserve components and to facilitate research and education is
also included in this.section.

Existing facilities, primarily the North Carolina Aquariums
and the North Carolina Maritime Museum, function as visitor
centers for the majority of the public wishing to receive
information about the reserve. Exhibits, brochures, and field
trips are available at these sites.

In addition, a conference/research center that would house
the reserve staff may be built on UNCW property located directly
across from Masonboro Island. This facility would be the base
of reserve operations and would contain the UNCW Center for
Marine Science Research. Other state facilities (e.g., Division
of Shellfish Sanitation) may be housed on the same property.

Construction of facilities within the reserve boundaries
will be conducted only upon joint approval by NOAA and the
state. Advice will be sought from the appropriate local
advisory committee(s). Construction will be performed causing
as little environmental disturbance as possible. Sediment
control regulations will be adhered to carefully. Permeable.
rather that impermeable surfaces will be used wherever possible.

It will be the longterm objective of the NCNERR to provide
the following general facilities at some or all the components:

Access to the reserve sites, including, trails and boardwalks;

- Staff office space; and

- Public infar"mation/interpretation areas.

A brief description of current facilities and development
needs for the future are described below.

1. Zeke's Island

The component includes a rock j etty, barrier beach,
islands, marshes, and a tidal lagoon. Its proximity to the
NCA-FF provides ideal opportunities for research and
education.

Current facilities include:

a small parking lot and public boat ramp (maintained by the
N.C. Wildlife Resources commission [WRC]) at the'
terminus of U.S. 421;

a rock jetty ("The Rocks") that supports foot traffic and
extends several miles from the WRC parking lot to
Zeke's Island and through the reserve into the
adjacent Smith,Island complex;
an ORV road, Ramsgate Road, which runs approximately tour
miles (6.4 km) along the sound side of the barrier
spit (including crossovers to the ocean beach route)
to New Inlet; and

information and boundary signs.

The Zeke's Island component will not have any more
development with the possible exception of repair to certain
portions of the jetty where footing is difficult due to
slippery, algae-covered surfaces that have been eroded down
to the high tide water level. Educational displays will be
placed at the NCA-FF.

2. Rachel Carson

Facilities for this component.are located in Beaufort,
just across Taylor's Creek from Town Marsh. These items
include:

office and boat dock for the Educational Specialist at the
North Carolina Maritime Museum (NCMM);

Exhibits, visitor information area, and education facilities
in the NCMM;

Information signs (located at the intersection of Front and
Queen streets) along Taylor's Creek; boundary signs
are posted on the island;

No other facilities are planned for this component.

3. Currituck Banks

This component is located on a formerly remote portion
of the.North Carolina Outer Banks *which is currently
undergoing dramatic development of resort homes and planned
unit developments. The nearest education/research facility
is the NCA-RI in Manteo, some 46 miles (74 km) to the south,
where reserve exhibits have been developed and public
information materials are distributed. Reserve information
and boundary signs have been erected on the component.

. The only possible development on the component may be a
small daY7Use area for beach users. Such a facility would be
placed in the southeastern corner of the property and would
consist of a small parking lot and restrooms only, no
overnight use nor intensive recreation development will be
allowed. Interpretive information would also be provided at
this facility. An appropriate buffer strip will be provided
between the day use area and adjacent residential development.
A ten-foot wide easement extending through the Ocean Hill
development will route visito,rs'to the beach.

4. Masonboro 1sland

This component currently consists of an undeveloped
barrier island that will receive special emphasis on research
and education because of the prox.imity,to UNCW and presence
of the reserve coordinator and research specialist.
Facilities within.the component may include:

Boundary and information signs;,.

Marsh boardwalk-observation area; and

-.Conference/research ce nter (located on UNCW property see
Figure 1,0).

The conference/research, center would be developed in
con-junction with UNCW and the reserve program.. The intended
function of this structure would not compete with the
educational activities of the. NCA-FF, but would complement
estuarine awareness in the area. The entire Center for Marine
Science, 'Re'search would be housed.in the building along with
the, offices of the reserve coordinator and research
specialist. Ideally, the center will include:

- Two story building

- Parking area

- Administrative offices

Identification signs

Research laboratories

Conference room with audio-visual accessories

Restrooms with showers

Reception area for visitors

Library

Storage areas

Mechanical room

Electrical room

Break room or kitchen

- Handicapped-accessible design

- Boat dock with boardwalk and pier
- Equipment yard and building

J. Boundaries and Acquisition Plan

Boundaries for NCNERR components must include "an adequate
portion of the land and water areas of the natural system to
approximate an ecological unit and to ensure effective
conservation" (Federal Register, Vol. 55, no. 141, Section
921.11). These areas must be discrete enough to be effectively
managed, but large enough to make long-term research possible.
To help focus management efforts, site boundaries encompass two
zones: key land and water areas (core areas) and buffer zones.

NOAA's Guidelines for Establishing Proposed Boundaries for
National Estuarine Reserves define core areas as areas which
contain "critical estuarine ecological units for research
purposes, encompassing a full range of significant physical,
chemical, and biological factors contributing to the diversity
of fauna, flora, and natural processes occurring within the
estuary." The core area is "so vital to the functioning of the

estuarine ecosystem that it must be under state control
sufficient to ensure the long term viability of the reserve for
research on natural estuarine processes... (These areas] should
encompass resources that are representative of the total
ecosystem which, if compromised, could endanger the research
objectives of the reserve." A buf fer zone is def ined as an
"area adjacent to or surrounding the core and on which the
integrity of the core depends. This area protects the core and
provide's additional protection for estuarine dependent species.,,

Site surveys have been conducted to establish boundaries
for each NCNERR component. Acquisition strategies to establish
adequate state control have been established to provide
long-term protection for reserve resources within these
boundaries. Types of acquisitions have included land donations,
bargain sales, and purchases. Condemnation has been necessary
in a few instances when the value of a key tract is in
irreconcilable dispute or to resolve convoluted title
circumstances.

1. Zeke's Island

a.Key Land and Water Area (Core)

The core area in the Zeke's Island Component (Figure
4) consists of tidal basin waters, creeks, and marshes (916
acres /336 ha). These highly productive estuarine waters
are used regularly for sport and commercial fishing as well
as recreation purposes.

b. Buffer Area

upland communities including ocean beach dunes, shrub
thicket, and maritime forest comprise the buffer area (249
acres/100 ha) of this component. The ocean beach on the
barrier spit receives the most public use.

c. Acquisition

The entire 1,165-acre (466 ha) component was donated
to the state in 1980 by Mr. Walter Davis. No additional
acquisition is planned since all adjacent lands are also
in state ownership and managed f or protection of natural
resources.

2. Rachel Carson

a.Key Land and Water Area (Core)

Within the Rachel Carson Component (see Figure 6) ,
tidal flats, creeks, and marshes within the Middle Marshes,

100

Carrot Island, Town Marsh, Bird Shoal, and Horse Island
area comprise the core area (2,280 acres/912 ha) . These
waters are regularly harvested for shellfish by local
residents.

b. Buffer Area

The primary example of buffer area within the
component is the dredge material deposits along Taylor's
Creek on the north edge of the complex. There are also
areas of beach, dunes, shrub thickets, and a remnant of
maritime forest at the east end of Carrot Island. Total
buffer area is 345 acres (138 ha).

c. Acquisition

Most of the 2,625-acre (1050 ha) component was
acquired by a series of bargain sales and purchases between
1985-1989. The Middle Marshes complex and Guthrie Shoal
had to be condemned to.settle title complexities.

3. Currituck Banks

a.Key Land and Water Area (Core)

The delimited portion of Currituck Sound (Figure 8)
and the associated marshes constitute the core area (625
acres/250 ha) of the component. The sound waters contain
extensive mud and sand flats covered in some areas by
submerged aquatic vegetation.

b. Buffer Area

The upland dunes, shrub thicket, maritime forest, and
interdunal ponds include the buffer communities of the
component. These uplands (335 acres/134 , ha) are
characterized primarily by dense woody vegetation
intermingled with numerous seasonal wetlands. This mosaic
of habitats effectively restricts public use to the ocean
beach area.

c. Acquisition

The Currituck Banks uplands were acquired in 1985 by
two bargain sales. No further acquisition is planned.

101

4. Masonboro Island

a.Key Land and Water Area (core)

The back-island sounds plus associated tidal creeks
and marshes.comprise the core area (4,427 acres/1,771 ha)
of this component (Figure 10). This.non-riverine estuary
is 'an important local source of shellfish and serves as a
nursery area for numerous finfish.es.

b. Buf f er. Area

Masonboro Island proper 'constitutes the -buffer area
(619 acres/248 ha) and consists of a narrow barrier of
low-lying dunes, shrub thicket, maritime forest, and spoil
areas along the waterway. The natural portion of upland
buffer area is frequented by local residents, particularly
the beach areas at the north and south ends of the island.
The buffer area also includes 51 acres (20 ha) owned by
UNCW and located across,the waterway from the island.

c. Acquisition

Acquisition of this component has been a slow and
complex process that began in 1985. The island was divided
into 86 tracts with each tract typically in multiple
ownership. With the exception of a single tract donation
by the New Hanover County, all other landowners wished to
sell their properties. Most properties were purchased at
fair market value, but condemnation was used to acquire the
largest tract (57 acres ./ 23 ha) whbn no compromise on
w
price was reached follo ing extensive negotiations. The
remaining tracts on,. the island will be purchased with
assIistance from a local, conservation group, the Society for
.Masonboro Island (SMI). The state currently owns
approximately sixty percent'of the island's natural upland
area. The SMI will make local contacts with the numerous
property owners and assign options to the state.
Condemnation may be used to acquire remaining tracts that
are not donated or purchased on a willing-seller basis.

K. Public Access

1. Policy

The state reserve use requirements (see Appendix C)
specify public access and use standards. The reserve is
generally open to public day uses that are compatible with the
research and education goals and objectives of the program.
Enforcement of rules is achieved by. assistance from the
pertinent law enforcement agencies.

102

2. Current Access Rules and Schedules

a.Zeke's Island

The Zeke's Island component may be reached by: 1.
driving on an ORV trail routed along the barrier spit
portion of the site, 2. walking on the rock jetty ("The
Rocks") to Zeke's Island, and 3. by private boat launched
from the WRC boat ramp at the end of U.S. 421. The NCA-FF
takes groups to the jetty on field trips. The barrier spit
area is patrolled by a ranger based at Carolina teach State
Park per a memorandum of understanding between the DCM and
the DPR. Law enforcement assistance is available through
the state Division of Marine Fisheries (DMF) and the
sheriffs of Brunswick and New Hanover counties.

b. Rachel Carson

This component can only be reached by boat. Field
trips to the islands are scheduled by the NCMM or the
reserve education specialist during the spring - fall. Law
enforcement assistance is provided by the Beaufort Police
Department, the Carteret County Sheriff, and the DMF.

c.Currituck Banks

Primary access to the component is by four-wheel -drive
vehicle via either the ocean beach or along a road to be
built in the near future through the Ocean Hill
subdivision. The western portion of the component is also
accessible from the mainland by boating across Currituc.k
Sound. A north-south utility corridor,along the .west edge
of the upland area is walkable, but numerous holes and wet
areas make itimpassable for motorized vehicles. The site
is patrolled by the Currituck County Sheriff and by the
U.S. Fish and Wildlife Service, manager of the nearby
Currituck Banks National Wildlife Refuge.

d.Masonboro Island I

This component is only accessible by boat. Once on,
the island, only foot traffic is permitted on the-uplands
(vehicles are only permitted for emergency, enforcement, or
research purposes) . Primary use areas are at the north and
south ends of the island, close to the nearby towns of
Wrightsville Beach and Carolina Beach, respectively. There
is no regular patrol on' the island, but the property is
within the jurisdiction of the New Hanover County Sheriff
as well as DMF,and WRC enforcement officers.

103

L. Proposed Implementation Timetable

The following table outlines the timetable for
implementation of the management plan. Table 1 outlines the
development of reserve operations, facilities, staff needs for
the reserve.

104

Table 1. Implementation: Operations, and Facilities, and Staff

Year Overall NCNERR Zeke's Island Rachel Carson Currituck Banks Masonboro Island

1 -Move reserve program -Increase management - Hire education Augment education - Designate component
to Wilmington presence specialist/site activities with NCA- - Augment education
-Hire research -Increase education manager (federal RI and local school activities with NCA-
specialist activities with NCA- funds) systems FF and local school
-Revise management FF and local school - Daily management systems
plan systems presence - Continue acquisition
-Increase research - Increase education
and education activities: on-site
coordination and outreach with
-Revise signage and NCMM, NCA-PKS and
exhibits local school-systems
-Planning for 2nd - Test feral horses
year for EIA

2 -Develop monitoring -Develop self-guided - Convert ed. Develop self-guided - Coordinate research
plans for all tour brochure spec./site mgr. to tour brochure and education
components -Develop volunteer state funding activities with UNCW
-Staff participation program - Expand education and NCA-FF
in research and -Augment education duties to include - Develop volunteer
education workshops programs all components program
-Compile all - Develop volunteer - Develop self-guided
monitoring and program tour brochure
research data on - Continue acquisition
computer
-Planning for 3rd
year

3 -Request enforcement Initiate monitoring Initiate monitoring Initiate monitoring - Initiate monitoring
officer for Zeke's - complete acquisition
1./Masonboro 1.
components
-Continue to augment
research and
education
-Planning for 4th
year

4 -Prepare site plan
for conference/
research center in
conjunction with
UNCW
-Develop stronger
ties with regional
reserves in
research,
monitoring, and
education
-Planning for 5th
year

5 -Build research/
conference center

V. LIS`r OF PREPARERS

State of North Carolina

Mr. John B. Taggart
Reserve.Coordinator
North Carolina National Estuarine Research RIeserve
Division of Coastal Management
Department of Environment, Health, and Natural Resources
Wilmington, NC

Mr. Stephen A. Ross
Research Specialist
North.Carolina National Estuarine Research Reserve-
Division of Coastal Management
Department of Environment, Health, and Natural Resources
Wilmington, NC

N.G.A.A.

Ms. Cheryl A. Graham
Program Specialist
Sanctuaries and Reserves Division
National Oceanic and Atmospheric Administration
Washington, DC

Acknowledgments

This management plan has been made possible by the cooperative
efforts of many individuals and agencies. We would, especially like
to thank Gloria Crowell, Rich Shaw, and Roger' Schect.er,for their
assistance.

106

V1. REFERENCES

Angley, w. 1983. Historical background for proposed estuarine
sanctuary, Masonboro Island, New Hanover County. Unpubl. report
prepared for the N.C. Div. of Coastal Management by,the N.C.
Div. of Archives and History. Raleigh, N.C.

Angley, W. 1984. A brief history of Middle Marsh in Carteret
County. Unpubl. report prepared for the N.C. Div. of Coas 'tal
Management by the N.C. Div. of Archives 'and History. Raleigh,
N.C.

Barrett, J.G. 1963. The Civil War in North Carolina. The Univ.
of North Carolina Press. Chapel Hill, N.C.

Buol, S.W., F.D. Hole, and R.J. McCracken. 1980. Soil genesis and
classification. The Iowa State University'Press. Ames, Iowa.

Cahoon, L. 1988. The role of benthic microalgae in estuarine
ecosystems of the Zeke's Island Estuarine Research Reserve.
NOAA Tech. Mem. MEMD/OCRM/NOS Washington, D.C.

Cooper, J.E. et al. (eds.). 1979. Endangered and threatened
plants and animals of North Carolina. N.C. State Museum.,
Raleigh, N.C.

Davis, N. and R. Hart. Estuaries. Coast Watch. UNC Sea Grant
College Program. N.C. State Univ. Raleigh, N.C.

Evans, J.P. 1988. Plant succession and stabilization of dredge
spoil habitats in the Rachel Carson National Estuarine Research
Reserve, N.C. NOAA Tech. Mem. MEMD/OCRM/NOS. Washington, D.C.

Fussell, J.0. 1976. Annotated checklist of the birds of Carrot
Island-Bird Shoal. Unpubl. survey. Morehead City, N.C.

Gale, J.A. 1982. Summary report on Currituck Sound. Unpubl.
report of the Water Resources Research Institute of the
University of North Carolina. N.C. State Univ. Raleigh, N.C.

Godfrey, P.J. and M.M. Godfrey. 1976. Barrier island ecology of
Cape Lookout National Seashore and vicinity, North Carolina.
National Park Service Monograph Series, No. 9. Washington, D.C.

Hay, M.E. and J.T. Wells. 1989. Effects of feral horses on the
productivity, distribution, abundance, and stability of
salt-marsh plants: Rachel Carson North Carolina National
Estuarine Research Reserve. Final report for NOAA Grant
NA88AA-D-CZ036. MEMD/OCRM/NOS. Washington, D.C.

107

Hosier,,1P.E., and W.J. Cleary. 1977. A resource inventory of
MasonbIoro Island, North Carolina. Unpub 1. report. Univ. of
North Carolina at Wilmington. Wilmington, N.C.

Hoyt J.H. 1967@.@ Barrier island formation. Geol. Soc. Am. Bull.
.78:. 1125-1135_

Kell, J,.B. 1975. North Carolina's coastal Carteret County during
the American Revolution. Era Press. Greenville, N.C.

Kirby-Smith,' W.W. 1987. Habitat mapping of the Rachel Carson
Component of the North Carolina National Estuarine Research
Reserve. NOAA Tech. Rpt. MEMD/OCRM/NOS. Washington, D.C.

Kirby-Smith, W.W. 1989. Habitat maps of the Zeke's Island,
CUrrituck Banks, and Masonboro. Island components of the. North
Carolina National Estuarine Research Reserve. Maps prepared for
NOAA Grants NA85AA D-CZ037, NA86AA-D-CZ028, and
NA87AA-D-,CZ014., MEMD/OCRM/NOS. Washington, D.C.

Lee, L@. 'The Lower Cape Fear in colonial days. The Univ.
of North Carolina Press. Chapel Hill, N.C.

McCray, A. 198.4. Macro invertebrates of the Masonboro Island area.
pp. @ 325-330 . In: NOAA/DNRCD., FEIS and DMP for the proposed
Masonboro,., Island Component of the North Carolina National
Estuarine Sanctuary. U.S. Dept. of Commerce. Washington, D.C.

National Oceanic and Atmospheric Administration. .1951-1981.
Annual weather station summaries. U.S. Weather Bureau.
Asheville, N.C.

National Oceanic and Atmospheric Administration/North Carolina
Department of Natural Resources and Community Development.
1984. Final environmental impact statement and draft management
plan for the proposed Masonboro Island Component of the North
Carolina National Estuarine Sanctuary. U.S. Dept. of Commerce.
Washington, D.C.

Parnell, J.R. 1994. Vertebrate fauna of the Masonboro Island
area. pp. 311-321 In: NOAA/DNRCD. FEIS and DMP for the
proposed Masonboro Island Component of the N.C. National
Estuarine Sanctuary. U.S. Dept. of Commerce. Washington, D.C.

Parnell, J.R. and W.W. Golder. 1986. Breeding bird utilization
of diked dredged material disposal sites within 'the Rachel
Carson Estuarine Sanctuary, North Carolina. Final project
report prepared for the U.S. Army Corps of Engineers, Wilmington
Dist. Wilmington, N.C.

108

Short, F.T., L.K. Muehlstein, and b. Porter. 1987. Eelgrass,
wasting disease: cause and recurrence of a marine epidemic.
Biol. Bull. 173: 557-562.

Soil Conservation Service. 1977. Soil survey for New Hah6ver
County, North Carolina. U.S. Dept .. of Agricul@:ure. Washington,
D.C.

Soil Conservation Service. 1984. Soil survey for Currituck
County, North Carolina. U.S. Dept. of Agriculture. Washinqt6nj
D.C.

Soil Conservation Service. 1987. Soil survey for Carteret County,
North Carolina. U.S. Dept. Of Agriculture. Washington, D.C.

Sprunt, J. 1916. Chronicles of the Cape Fear River, 16,60-19i6.
Edwards and Broughton. Raleigh, N.C.

Taggart, J. and K. Henderson. 1988. A field guide to exploring
the North Carolina National Estuarine Research Reserve. N.C.
Dept. of Natural Resources and Community Development, Div. of
Coastal Management/NOAA. Raleigh, N.C'.

U.'S. Dept. of,the Interior. 1980. Final environmental impact
statement proposed National Wildlife Refuge on the Cqtkituck
Outer Banks. U.S. Fish and Wildlife Service, Region 5. Newton
Cornet, Mass.

105

LIST OF APPENDICES

A. Typology and Biogeography of the NCNERR Components

B. State Assignment of Management Responsibility

C. Departmental Rules for the NCNERR

D. Federal Reserve Regulations

E. Memoranda of Understanding

1. NOAA and the State of North Carolina
2. Duke University Marine Laboratory and 'Division of Coastal Management
3. Division of Marine Fisheries and Division of Coastal Management
4. North Carolina Maritime Museum and Division of Coastal Management
5. Division of Parks and Recreation and Division of Coastal'Management
6. Office of Marine Affairs and Division of Coastal Management
7. State Museum of Natural History and Division of Coastal Management
8. U.N.C. Sea Grant College Program and Division of Coast al Management
9. University of North Carolina at Wilmington and Division of
Coastal Management
10. U.S. Fish and Wildlife Service, The Nature Conservancy, and Division
of Coastal Management
11. Wildlife Resources Commission and Division of Coastal Management

F. Coastal Reserve Act

G. Dedication of the NCNERR as a State Nature Preserve

APPENDIX A,

Typology and Biogeography of the NCNERR Components

Typology and Biogeography of the
North Carolina National Estuarine Research Reserve Components

Hisonboro Zeke's Island Rachel Carson Currituck
Island Banks

BIOGEOGRAPHY
Region/Subregion Carolinian/ Carolinian/ Carolinian/ Virginian/
N. Carolinas N. Carolinas N. Carolinas MiddleAtlantic.

TYPOLOGY
Ecosystem Types
Maritime Forest + + +

Coastal Shrublands + + + +

Coastal Grasslands + + +

Coastal Marshes + + + +

Intertidal Beaches + + + +

Intertidal Mud + + + +
and Sand Flats

Subtidal Softbottoms + + + +

Subtidal Grassbeds + + +

Physical Characteristics
Basin Type exposed coast exposed coast shelt. coast exposed coast
shelt. coast shelt. coast tidal river shelt; coast
embayment lagoon/t. rv. embayment
Basin Stucture bar-bound bar-bound coastal plain bar-bound
c. p. estuary estuary
Inlet Type permanent temporary permanent temporary
Bottom Type san(T- Sand sand sand
Circulation non-stratified non-stratified non-stratiFl`e7 non-strati=
Tides semi-diurnal semi-diurnal semi-diurnal wind/storm
Freshwater surface/grd. surface/grd. surface/grd. surface/grd.
water water water water

Chemistry
Salinity pos. escuary pos. estuary pos. estuary pos. estuary
Salinity -Zone euhaline to euhaline euhaline mixohaline/
polyhaline aligohaline
ph regime circumneutral circumneutrai circ umneutral alkaline

+ = present
absent

APPENDIX B

State Assignment of Management Responsibility

North Carolina Department of Natural
Resources & Community Development
Jarnes B. Hunt, Jr., Governor Joseph W. Grims1ey, Secretary

March 14, 1983

MEMORANDUM

TO: KEN STEWART

FROM: JOE GRIMSLEY

RE: MANAGEMENT OF ESTUARINE SANTUARIES

We are now in the final stages of acquiring title to the bulk of our
estuarine sanctuary site at Carrot Island and all of the Zeke's Island
site is now in state ownership. We will begin acquisition of the
Currituck Banks site within the next few months, with Masonboro Island
to follow next year.

As we have to be completing the federally required management plans for
each sanctuary site in the near future, it is important that we have
clearly established lines of responsibility within the Department for
the management of these four estuarine sanctuary sites.

I am assigning lead management responsibility for the sites to the
Office of Coastal Management. You will have responsibility for funding
acquisition, grant administration, liaison with the State Property
Office and the Attorney General's office on acquisition, preparation
of management, research and education plans for each site, and over-
sight of the overall system. I am also directing that you carefully
coordinate your activities with all affected divisions witin the
Department. Since the management and use of the sanctuaries. parti-
cularly day to day operational requirements, will likely involve
several divisions, (particularly Parks and Recreation at Zeke's Island
and perhaps Wildlife Resources Commission staff at Currituck) it is
important that we carefully and cooperatively work together on this.
Where possible, we must use existing management resources so as to
avoid duplication and get the best possible use of limited funding for
sanctuary management.

JG/aw

cc: Jim Stevens

APPENDIX C

Departmental Rules for the NCNERR

EILN!R - COASTAL 31AAAGEMENT T15: 070 .0100

SUBCIIAPTER 70 - NORTH CAROLINA COASTAL RESERVE'

SECTION.0100 - GENERAL PROVISION'S

.0101 STATEMENT OF PURPOSE
The principal purposes of the North Carolina Coastal Reserve and supporting programs are to:
(1) preserve coastal ecosystems representative of the various biogeographic regions and typologies in
North Carolina and to make them available for continuous future study of the processes, functions,
and influences which shape and sustain the coastal ecosystems;
(2) provide new information on c 'oastal ecosystem processes to decisionmakers as a basis for the
promotion of sound management of coastal resources;
(3) provide a focal point for educational activities that increase the public awareness and under-
standing of coastal ecosystems, effects of man on them, and the importance of the coastal systems
to the state and the Nation;
(4) accommodate traditional recreational activities, commercial fishing, and other uses of the Reserve
as long as they do not disturb the Reserve environment and are compatible with the research and
educational activiti es taking place there.

History Note: Statutory Authority G.S. 113-3; 113-8; 143B-10;
Eff. July 1, 1986;
Amended Eff. April 1, 1988.

.0102 DEFINITION'S AS USED IN* THIS SUBCI-IAPTER
Definitions as used in this Subchapter are:
(1) "Coastal Resen'e" means those coastal land and water areas set aside to be maintained in their
natural state for research, education and compatible recreation and enjoyment of natural and scenic
beautv.
(2) "Estuary" means that part of a river or stream or body of water having unimpaired connection
with the open sea, where sea water is measurably diluted with fresh water derived from land
drainage.
(3) "Research Resen-e" means a group of areas or components, each of which may include all or the
key land and water portion of an estuary and adjacent transitional areas and uplands, constituting
to the extent feasible a natural unit, set aside as a natural field laboratory to provide long-term
opportunities for research, education, and interpretation of the ecological relationships within the
area. The Coastal Reserve includes the Estuarine Research Reserve.
(4) "Reserve" means any area designated pursuant to this Subchapter.

History A."ote: Statutory Authority G.S. 113-3; 113-8; 143B-10;
Eff. July 1, 1986;
A mended Eff. April 1, 1988.

.0103 RESPONSIBILITIES: DUTIES OF THE COASTAL RESERVE PROGRAM
The Coastal Reserve Program of the Division of Coastal Management shall be responsible for man-
aging and protecting the North Carolina Coastal Reserve; for promoting and coordinating research and
educational programs at the components while allowing for compatible traditional uses; for maintaining
a management plan for the Reserve; for maintaining cooperative agreements with scientific, educational,
and resource management agencies and private citizens that will assist in the management of the Re-
serve; and for providing new information on coastal processes to coastal management decisionmakers.

History Note: Statutoty Authority G.S. 113-3; 113-8; 143B-10,-
Eff July /, 1986;
Amended Eff. April 1, 1988.

.0104 STATE AND LOCAL COASTAL RESER17E ADVISORY COMMITTEES
Advisory committees shall be established for each individual Resenve component. The committees
shall advise the Resen,e coord-inator. Members of the committees shall include researchers, educators,

A'ORT11 C.4ROLIAA ADMIATSTRA THE CODE 11109189 Page I

EHNR - COASTAL MANAGEMENT T15: 070 .0100

managers, and citizens that use or are affected by THE RESERVE. THE COMMITTEES SHALL BE APPOINTED BY
the Secretary of the Department of Natural Resources and Community Development.

History Note: Statutory Authority G.S. 113-3; 113-8; 143B-10;
Eff. July 1, 1986;
Amennded EFF. April 1, 1988.

.0105 RESERVE COMPONENTS
The 'North Carolina Coastal Reserve includes the following components:
(1) Zeke's Island
(2) Rachel Carson
(3) Currituck Banks
(4) Masonboro Island
(5) Permuda Island
(6) Buxton Woods
The North Carolina National Estuarine Research Reserve includes components (1)-(4).
Detailed boundary maps for each component are maintained and available for inspection at the Di-
vision of Coastal Management, 512 North Salisbury Street, Raleigh, North Carolina.

History Note: Statutory Authority G.S. 113-3; 113-8; 143B-10;
Eff. July 1, 1986;
Amended Eff. April 1, 1988,

NORTH CAROLINA ADMINISTRATIVE CODE 11/09/89 Page 2

EILYR - COA S TA L .1 L4NA GENIENT T15: 070 .0200

SECTION .0200 - MANAGEMENT: USE AND PROTECTION OF THE
NORTH CAROLINA COASTAL RESERVE

.0201 'MANAGEMENT PLAN
The Division of Coastal Management shall prepare a management plan for the Reserve. The man-
agement plan shall contain specific policies for research, education, and traditional uses at each com-
ponent. The Secretary of the Department of Natural Resources and Community Development shaH
approve the management plan and its revisions. The Division of Coastal Management shall monitor
and manage the components and report to the secretary violations of the approved plan and any other
situations that may be harmful to the natural resources of the Reserve.

History Note: Statutory Authority G.S. 113-3; 113-9;.143-341; 143-342; 143B-10;
Eff.July /, 1986,-
Amended Eff. April 1, 1988.

.0202 RESERVE USE REQUIREMENTS
The following use requirements shall apply to all of the components of the Reserve:
(1) The essential natural character of the Reserve shall be maintained.
(2) Traditional recreational uses within each component shall be allowed to continue as long as the
activities do not disrupt the naturatintegrity of the Reserve or any research or educational projects.
Incompatible traditional uses shall include:
(a) fishing, hunting, or trappina activities not allowed by state regulations;
(b) target shooting:
(c) hydraulic clarn dredging withuil Reserve boundaries;
(d) use of vehicles off designated corridors at components where vehicles are allowed for upland
transportation according to the management plan; and
(e) production of noise disruptive to local wildlife and the aesthetic enjoyment of the Reserve as a
natural area.
(3) No user shall disturb a research project or research equipment in place at the Reserve.
(4) Camping or any form of habitation, whether on the uplands, wetlands, or wat6rs within Reserve
boundaries, shall not be allowed without the written perrrussion of the Division of Coastal Man-
agement.
(5) Personal property not authorized by the management agency may not be placed within the
boundaries of the Reserve for more than two consecutive days.
(6) Users of the Reserve shall not disturb or remove any live animals, except those allowed by state
hunting and fishing regulations as they apply to the Reserve, or vegetation within the Reserve
unless such action is part of a research or educational project approved by the management agency.
(7) Persons wishing to engage in scientific research or collection of natural materials within the Re-
serve shall first secure written permission from the management agency.
(8) No activity shall be allowed which inig
I ,ht pollute any stream or body of water in the Reserve.
Acts of pollution shall include:
(a) Deposition of solid materials not indigenous to the local coastal ecosystem; and
(b) Discharge of liquids other than uncontaminated estuarine water.
(9) No other acts or uses which are detrimental to the maintenance of the property in its natural
condition shall be allowed including, but, not limited to, disturbances of the soil, mining, com-
.mercial or industrial uses, timber harvesting, ditching and draining, deposition of waste materials.

History Note: Statutory Authority G.S. 143B-10;
Eff. July 1, 1986,-
Amended Eff. April 1, 1988.

'YOR TH C4ROLLN.4 AD.111NISTRA THE CODE 11109189 Page I

APPENDIX D
Fe.deral Reserve Regulations

29940 Federal Register / Vol. 55, No. 141 / Monday, July 23, 1990 / Rules and Regulati ong

DEPARTMENT OF COMMERCE ADDRESSES: Mr. Joseph A. Uravitch, support the research mission, not as
National Oceanic and Atmospheric Chief, Marine and Estuarine ends in themselves. Consultation by the
Administration Management Division; Office of Ocean Secretary with other Federal and state
and Coastal Resource Management, agencies to promote use of one or more
15 CFR Part 921 NOS/NOAA; 1825 Connecticut Avenue reserves within the System by such
NW.: Suite 714; Washington, DC 20235, agencies when conducting estuarine
l0cc)(et No. 70874-01331 (202)673-5126. research is also a clearly defined goal of
FOR FURTHER INFORMATION CONTACT: the System, The regulations also
National Estuarine Reserve Research Mr. Joseph A. Uravitch, (202) 673-5126. emphasize the use of a resprve's natural
System Program Regulations SUPPLEMENTARY INFORMATIOW resourcesand ecology to enhance public
awareness and understanding of
I.GFNCY: Office of Ocean and Coastal 1. Authority estuarine areas, and to provide suitable
Resource Management (OCRNI),
1,1ational Ocean Service (NOS), National This notice of interim final rulemaking opportunities for public education and
Oceanic and Atmospheric is issued under the authority of section interpretation. This education goal has
Administration (NOAA), Department of 315(a) of the Coastal Zone Management been elevated to become one of the
Commerce. Act of 1972 as amended, 16 U.S.C. 1461 essential criteria for designation of a
ACTION: Interim final rule. (the Act). The National Estuarine reserve.
Reserve Rpsearch System has been IV. Revision of the Procedures for
SUMMARY: The regulations' revise operating under regulations published Selecting, Designating and Operating
existing rules for national estuarine June 27, 1984 (49 FR 26510). National Estuarine Re'search Reserves
reserves in accordance with the Coastal It. General Background (A) Revision of Designation Criteria.
Zone Management Reauthoriiation Act On October 28, 1988 (53 FR 4 3 816) The Coastal Zone Management
of 1985 (title IV, subtitle D. Pub. L. 99- NOAA published proposed regulations Reauthorization Act of 1985 established,
272) and recommendations contained in for continued implementation of the for the first time, statutory criteria for
the U.S. Department of Commerce, National Estuarine Reserve Research designating an area as a national
Office of Inspector General Report No. System (NERRS) Program pursuant to estuarine research reserve. An area may
F-726-5-010, "Opportunities to section 315 of the Act, 16 U.S.C. 1461. be designated by the Secretary of
Strengthen the Administration of the in
Estuarine Sanctuary Program." Effective Written comments were accepted u til Commerce as a national estuarine
with the signing of Public Law 99-272 on December 30, i988. These coml7rits research reserve if:
April 7.1986, the name of the Estuarine have been considered in preparing these (1) the Governor of the coastal state in
Sanctuary Program changed to the final regulations. A summary of the which the area is located nominates the area
National Estuarine Reserve Research significant changes to the proposed for that designation; and
System Program; estuarine sanctuary regulations is presented below. (2) the Secretary finds that:
sites are now referred to as national These interim final regulations (A) the area is a representative estuarine
estuarine research reserves. These establish the Program's mission and ecosystem that is suitable for long-te'rm
regulations revise the process for goals and revise procedures for research and contributes to the
designation of research reserves. Selecting, designating and operating biogeographical and typological balance of
Greater emphasis is placed on the use of national estuarine research reserves. the System;
(13) the law of the coastal State provides
reserves to address national estuarine 111. Changing the Name and Emphasis of long-term protection for reserve resources to
research and management issues, and to the Program ensure a stable environment for research;
make maximum use of the System for The 1985 Coastal Zone Management (C) designation of the area as a reserve will
research purposes through coordination Act and its amendments established the serve to enhance public awareness and
with NOAA and other Federal and state National Estuarine Reserve Research understanding of estuarine areas, and
agencies which are sponsoring estuarine System (System). The System consists of provide suitable opportunities for public
research. Additional emphasis is also (1) each estuarine sanctuary designated education and interpretation; and
given to providing financial assistance prior to April 7,1906 which is the date of . (D) the coastal State in which the area is
to states to enhance public awareness enactment of the Coastal Zone located has complied with the requirements
and understanding of estuarine areas by Management Reauthorization Act of of any regulations issued by the Secretary to
providing opportunities for public 1985, and (2) each estuarine area implement this section.
education and interpretation. The designated after the Act. The term Some of these criteria for designation
regulations provide new guidance for estuarine sanctuary no longer appears in are either new or substantially more
delineating reserve boundaries and new regulations; the term research reserve or specific than those contained in the
procedures for arriving at the most reserve appears in its place. former regulations. For example, under
effective and least costly approach to
acquisition of land. Clarifications in the The Mission Statement for the System these regulations the Governor of a
total amount of financial assistance is much the same as for the National coastal state must nominate an
authorized for each national estuarine Estuarine Sanctuary Program which estuarine area for designation, and
reserve, and criteria for withdrawing the existed prior to the 1985 amendments. findings are required that the law of the
designation of a reserve, have also been However. the goals for the National coastal state provides long-term
added. Estuarine Reserve Research System protection for reserve resources to
stress the use of reserve sites for ensure a stable erh-ironnient for
DATES: Effective Date: These interim promotion and coordination of estuarine research and that designation of the
final regulations are effective July 23, research on a national level as the area will serve to enhance public
1911Y3. highest priority and reason for awareness and understanding of
Comments: Comments are invited and establishing the System. The protection estuarine areas. The criteria in the
will be considered if submitted on or and management of estuarine areas and existing regulations have been revised
before September 21,1990. resources are clearly intended to accordingly.

Federal Register I Vol. 55, No. 141 / Monday, July 23, 1990 Rules and Regulations 29941

(B) Revision of Site Criteria and be required to justify the use of fee phase, funds are available for accuiring
Procedures.The criteria for selecting an simple acquisition methods and make interest in land, which is the primary
estuarine area for designation as a greater use of non-fee simple methods to purpose of this award, and for minor
national estuarine research reserve have conserve expenditure of funds. For each construction (e.g., nature trails and boat
been expanded to provide guidance for parcel, both in the care area and the ramps). preparation of architectural and
determining boundariez for the proposed buffer zone, states must determine, with engineering plans and specifications,
site. The Office of Inspector General appropriate justification (1) the development of the final management
Report No.F-726-5-010 criticized the minimum level of control(s) required, (2) plan, and hiring a reserve manager and
lack of specific guidelines for setting the level of existing state control, and (3) other staff as necessary to implement
limits on boundaries around estuarine the level of additional state control(s) the NOAA approved draft management
sanctuaries to ensure that only land required; states must also examine all. plan.
essential to the mission of the program reasonable alternatives for attarating the The length of time for this initial
be included inside the sanctuary. additional level of control required, phase of acquisition and development
References in the existing regulations to perform a cost analysis of each, and may be up to three years. After the site
ensure that the boundaries encompass rank, in order of cost, the alternative receives Federal designation as a
an adequate. potion of the key land and methods of acquisition which were national estuarine research reserve; the
water areas of the natural system to considered. The cost-effectiveness state may request additional financial
approximate on ecological, unit are too. assessment must also corripare short- assistance to acquire additional
vague, particularly since terms are not term and long-term costs. The state shall, property interests (e.g., for the buffer
defined. The proposed regulations give priority consideration to the least zone), for construction of research and
define key land and water areas as a costly method(s) of attaining the interpretive facilities, and for restorative
"core area" within the reserve which is minimum level of long-term control activities in accordance with the
so vital to the functioning of the required, which is sufficiant to meet the approved final management plan.
estuarine ecosystem that it must be statutory requirement that "the law of The Coastal Zone Manageqent
under a level of control sufficient to the coastal state provides long-term Reauthorization Act of 1985 specifies
ensure the long term viability of the, protection for reserve resources to that the amount of financial assistance
reserve for research on natural ensure a stable environment for provided with respect to the acquisition
processes. The determination of key research. See 18 U.S.C. 1461(b)(2)(B). of land and waters, or interests therein,
land and water areas must be based on. (D) Financial Assistance Awards for for any one national estuarine research
scientific knowledge of the area. The Site Selection and Post Site Selection. reserve may nor exceed an amount
concept of a "buffer" zone to protect the The fist of five types of awards under equal to 50 per centurn of the costs, of
core area and provide additional the National Estuarine Reserve the lands, waters, and Interests therein
protection for estuarine-dependent Research System is for site selection or $4,000,000; whichever amount is less.
species has also been defined in the and post site selection, which includes The amount of federal financial
regulations. The buffer zone may include preparation of a draft management plan assistance provided under the
area necessary for facilities required (including MOU) and the collection of regulations for development costs
for research and interpretation, and I information necessary for preparation of directly associated with major facility
additionally, to accommodate a shift of the enviromental impact statement. construction (i.e;, other than land
the core area as a result of biological, The maximum total Federal share of acquisition) for any one national
ecological or geomorphological change these awards has been raised to estuarine research reserve must not
which reasonably could be expected to $100,000 as described in � 921.10. Of this exceed 50 per centum of the costs of
occur. States will be required to use amount, up to $25,000 may be used to such construction or $1,500,000,
scsientific criteria to justify the conduct the site selection process as whichever amount is less.
boundaries selected for a proposed site. described in � 921.11. After NOAA's (F) Financial Assistance Awards for
The information requirements for approval of a proposed site and decision Operation and Management. The
NOAA approval of a proposed site to proceed with the designation process, amount of Federal, financial assistance
under existing regulations were the state may expend (1) up to $40,000 of available to a state to manage the
confusing and now have been clarified. this amount to develop the draft reserve and operate programs consistent
NOAA has recognized the need to management plan and collect with the mission and goals of the
conduct studies to develop a basic information for preparation of the National Estuarine Reserve Research
description of the physical, chemical, environmental impact statement; and (2) System has been raised from $50,000 to
and biological characteristics of the site. up to the remainder of available funds: to $70,000 for each twelve month period.
As a result state may now be eligible conduct studies to develop basic Up to ten per cent of the total award
for Federal funding of these studies after description of the physical, chemical, (Federal and state) each year may be
NOAA approval of a proposed site. and biological characteristics of the site: used for construction-type activities.
(C) Management Plan Devlopment. (E) Financial Assistance Awards for (G) Financial Assistance for
Once N0AA approves the proposed site Acquistition, Development and Initial Research. The Coastal Zone
and decides to proceed with Management. The regulations divide Management Reauthorization Act of
designation, the state must develop a eligibility for financial assistance 1985 specifically affects the conduct of
draft management plan.The contents of awards for acquisition and development the System's research program by
the plan, including the memorandum of Into two phases. In the Initial phase, establishing the requirement for
understanding (MOU) between NOAA states are working to meet the criteria developing Estuarine Research
and the state,are specified in the required for formal research reserve Guidelines for the conduct of research
regulations.The acquisiton portion of designation,ie., establishing adequate within the system and specifying what
the plan has been greatly expanded to state control over key land and water these guidelines shall include. The
implement recommendations in the areas in accordance with the draft legislation also requires the Secretary of
Office of Inspector General Report No. management plan and preparing a final Commerce to require that NOAA, in
F-726-5-010. It is proposed that states management plan. In this predesignation conducting or supporting estuarine

29942 Federal Register / Vol. 55, No. 141 / Monday, July 23, 1990 / Rules and Regulations

research, give priority consideration to interpretive purpose, and techniques for Specific:
research that uses reserves in the making available or locating information
System, and that NOAA consult with concerning reserve resources, activities, Section 921. I-Alission, Goals, and
o1her Federal and state agencies to or issues); General Provisions I
promote use or one or more reserves by (2) Development and presentation of Proposed � 921.1(c)-One reviewer
such agencies when conducting curricula. workshops, lectures, seminars, suggested the deletion of the first
estuarine research. and other structured programs or sentence of this provision which states,
The research guidelines, which 6re presentations for on-site facility or field "National estuarine research reserves
referred to in the regulations, but are not use; shall be open to the public." This
part of them, state that NOAA will
provide research grants only for (3) Extension/outreach programs; or reviewer noted that in multiple
proposals which address research (4) Creative and Innovative methods component reserves some components
questions and coastal management and technologies for implementing may not be appropriate for general
issues that have highest national priority interpretive or educational projects. public access; either because of the
as determined by NOAA, in Interpretive and educational projects purpose or emphasis of management at
consultation with prominent members of may be oriented to one or more research that site (eg., research) or due to the
the estuarine research community. reserves or the entire System, Those limited interest which the managing
One significant addition to the projects which would benefit more than entity has In the component (eg., a
regulations Is that research awards aire one research reserve, and, if practical, conservation easement which does not
available on a competitive basis to any the entire National Estuarine Reserve provide for unlimited public access).
coastal state or qualified public or Research System, shall receive priority This reviewer expressed concern that
privatb person, thus making it possible consideration for funding. state denial of general public access at
for public or .private persons, such components of a reserve could be
organizations or institutions to compete V. Summary of Significant Comments on -challenged on the basis of this provision.
with coastal states and coastal state the Proposed Regulations and NOAA's Response: Consistent with the goal of
universities for NOAA research funding Responses the National Estuarine Reserve
to work in research reserves. Research System to "enhance public
(H) Financial Assistance for NOAA received comments from 16 awareness and understanding of the
Afonitoring. The Coastal Zone sources. Reviewers included Federal estuarine environment and provide
Management Reauthorization Act of and state agencies, academic
1985 authorizes the award of grants for institutions, and the National Estuarine suitable opportunities for public
education and interpretation," public
the purposes of conducting research and Research Reserve Association. The access should be allowed to the greate ,st
monitoring. While objectives in comments of the National Estuarine extent possible permitted under State
estuarine research and estuarine Research Reserve Association (NERRA) and Federal law within national
monitoring are mutually supportive, are a summary of comments submitted estuarine research reserves. However,
monitoring is generally designed to to NERRA by most of the managers of the statement, "National estuarine
prov ,ide information over longer time the existing and proposed national research reserves shall be open to the
frames and in a different spatial context. estuarine research reserves. All public", does not require that all
Consequently a separate subpart comments received are on file sit the components of a multi-component
addressing specifically the development Marine and Estuarine Management reserve or the entire area within the
and Implementation of monitoring Division, Office of Ocean and Coastal boundaries of a single component
projects has been included in the Resource Management and are
regulations. available at that office for review upon reserve be open to the general public
(1) Financial Assistance A words for request. Each or the major issues raised unconditionally. The last sentence of
Interpretation andEducation. The b the reviewers has been summarized � 921.1(c) reads, "Consistent with
y resource protection and research
Coastal Zone Management and NOAA's responses are provided objectives, public access may be
Reauthorization Act of 1985 authorizes under the relevant subheading in this
the aw Iard of grants for the purposes of section. restricted to certain areas within a
conducting educational and interpretive research reserve." Where unconditional
activities. To stimulate the development General: public access is not consistent with
of innovative or creative Interpretive resource protection and research
and educational projects and materials Three reviewers recommended that objectives as stated in the approved
which will enhance public awareness more emphasis be placed on developing management plan (e.g., public access
and understanding of estuarine areas, an Information network among research would interfere with reserve research or
the regulations provide for funds to be reserves and betweert research reserves is likely to diminish the value of reserve
available on a competitive basis to any and research and educational groups resources for future research) it must be
coastal State entity. These funds are and institutions. Two of these reviewers limited accordingly. just as certain areas
provided in addition to any other funds noted the absence in the proposed are identified in reserve management
available to a coastal state under these regulations of a paragraph which bad plans as being more or less sensitive to
regulations. addressed this,subject in the existing public access impacts in single
Categories of potential educational regulations (49 FR 26502, June 27, 1984). component reserves, the same is true of
and interpretive projects include: The deleted paragraph concerned the components in multi-component
(1) Design, development and development and Federal administration reserves. Frequently in management
distribution/ placement of -interpretive or of a research and education Information plans for multi-component reserves one
educational media (ie., the development exchange network for the System. Or more components will be identified
of tangible items such as exhibits/ Response: NOAA agrees. The section as those for which the relative
displays, publications, posters, signs,, referring to information exchange management emphasis will be public
audio-vi3uals, computer software, and between NOAA and the Reserves has education and interpretation. Similarly,
maps, which have an educational or been reinstated in J 921.1(h). other components are Identified as those

Federal Register / Vol. 55, No. 141 / Monday, July 23, 1990 Rules and Regulations 29943

which emphasize research and resource representative estuarine ecosystem that Generally, it is NOAA's belief that,
protection. is suitable for long term research and given the less-than-perfect state of
Proposed �921.1(d) and � 921.1(e)- contributes to th biographical and knowledge regarding both the
Seven reviewers commented on these typological balance of the System" functioning of estuarine ecosystems and
provisions. These commented ranged (emphasis added): the effects of natural anthropogenic
from one sentence requesting The primary intent of 921.1(d) and change that manipulation should be
clarification to approximately six Pages 921.1(e)is to restrict and allow carefully limited within estuarine
of comments dedicated to these activities involving habitat manipulation, research reserves. Outside the context
provisions alone. These comments also to the degree necessary to ensure that of a carefully planned, and peer
ranged from expressing concern or reserves are, and continue to be reviewed,research or restoration
objection regarding the proposed representative estarine ecosystems. It activity; NOAA believes that habitat
limitations on habitat manipulation to is this mission,and requirement of the manipulation for management purposes
suggesting a more restrictive approach. statute, that the System goals of Involves a significant risk to the
One reviewer expressed strong � 921.1(b) are meant to support. This representative integrity and character of
support for an outright prohibition on mission and reuqirementof the statute, a national estuarine research reserve.
habitat manipulation, whether for is the foundation upon which the system As a result, the phrase in the proposed
management or research, except for is built, the primary basis on which regulations "habitat manipulation for
restoration activities where such estuarine areas are selected and resource management purposes" is
restoration can avoid long-term adverse designed as reserves, and the intended to mean habitat management
impacts. Another reviewer commented underlying principle with which all other for the promotion of a particular species
extensively on this provision; expressing aspects of reserve development and or habitat, or for some purpose other
strong objections to a prohibition on operation must be consistent.As one than research involving or restoration of
habitat manipulation activities for reviewer stated in no case should the a representative "natural" estuarine
management purposes. This reviewer ecolcolgical or representative integrity of ecosystem.
stated that the "preservation" of a a reserve be comprised. NOAA acknowledges that much
habitat requires active management I Habitat manipulation activities
involving habitat manipulation. research involves some degree of
One reviewer requested clarification condducted for a purpose other than (1) manipulation of the resource(s) and
of the difference between restoration restoring the represenative integrity of habitat(s) which are the subject of
activities and habitat manipulation for a reserve or (2) estuarine research, are study. In this regard, reserves are not
research or management purposes. One not consistent with this requirement, of intended to be "control" habitas only.
reviewer suggested criteria for assessing the statute or the misson of the System. and some degree of habitat
the degree of "manipulation" a proposed A reasonable limitation an the nature manipulation is recognized as an
research project may involve.One and extent of habitat manipulation essential aspect of much important
reviewer requested clarification of the activities conducted as a part of estuarine research.However, research
intent of this provision and how it may estuarine research is necessary to activitics conducted within a reserve
apply to (1)actions necessary to protect ensure that the representative integrity should not involve manipulative
public health;(2)protection of existing of a reserve is protected. Likewise, activities that, because of their nature or
species; and(3) allowance for reasonable exceptions to these extent, would, significantly impair the
restorative activition for historical limitations on habitat manipulation "natural" representative value (i.e.,
preservation. One reviewer stated that activies are appropriate for reasons of representative character)of the reserve.
whatever type of habitat manipulation public health and the protection of other
determined allowable by NOAA, day- sensitive resources (e.g., endangered/ NOAA also, acknowledges that
restoration efforts may involve
to-day site management decisions fire threatened wildlife and significant extensive habitat manipulation
best made by the, professional staff of historical and cultural resources). If
each reserve. habitat manipulation is determined to be activities. Many estuarine areas have
One reviewer requested clarification necessary in such a case, then such undergone some ecological changes as a
of the intent of this provision and of the activities should be limited so as not to result of human activities (e.g.,
differences between habitat significantly impact the representative hydrorogical changes, intentional/
manipulation for research, habitat and ecological integrity of the reserve. unintentional species composition
manipulation to management and, Contrary to the assertion of one changes-introduced and exotic species,
habitat manipulation for restoraion. reviewer, the intent of designating and etc.). In those areas designated an
This same reviewer stressed- the primary managing a research reserve is not to national estuarine research reserves,
importance of the ecological and "preserve" that particular habitat in a such changes may have diminished the
representative integrity of a reserve. stasis condition. Estuarine ecosystems representative character and integrity of
Response:The mission of the National are naturally dynamic habitats which the site. Where restoration of such
Estuarine Reserve Research System, as we have yet to fully understand. degraded areas is determined necessary
stated in � 921.1(a), "is the NOAA's intent in designating estuarine within this context, such activities must
establishment and management, through areas as national estuarine research be carefully planned. Much rearch is
Federal-state cooperation, of a national reserves is to protect the representative necesary to determine the "natural"
system of estuarine. research reserves, character of each individual reserve and representative state of an estuarine area
representative of the various regions therby establish a national system of (i.e., an estuarine ecosystem minimally
and estuarine types in the United esturine areas representative of the, affected by human actvity or influence).
States" (emqphasis added). The first biogeographic regions and estuarine Frequently, such restoration qactivitieqn
Secretarial finding required for types of the United States. These provide excellent opportunities for
designation of an estuarine area as a representative estuarine research management oriented research .
national estuarine reserve under as national reserves them provide opportunities for In response to reviewers requests for
315(b)(2)(A) of the Act. 16 U.S.C. long-term research, education, and clarification and consistent with the
1481(b)(2)(A), is that "the area is a interpretation. response provided, above, � 921.1 (d)and

29944 Federal Register Vol. 55, No. 141 Monday, ply 23,199.0 [Aules and Regulations.

J 921.1(e) have been revised and education grant funds. See subparts 'sentence to include a reference to the
appropriately. F. G, H. Site acquisition limits are revised � 911.1(d) and �.921.1(e).
Proposed � 921. Iffl-(1) One reviewer statutory. (16 U.S.C. 1461(e)(3)(A))
section 921.2-Definitions
recommended that a formula be Funding limits ensure that some
,established that would "Pre-determine funding is available for those types of Proposed�921.2(b)-lt was noted that
the minimum level (percentage) of funds awards which support most directly the the Secretary of Commerce recently
that would be set aside within the total mission'and goals of the System (ie., delegated authority for matters relating
[System) budget for specific categories generally, after, designation of a,reserve. to National Estuarine Research Reserves
(Research. Education, Monitoring, the competitive awards). As to the Under Secretary, for Oceans and
Operation/Management, Acquisition, importantly, funding limits are Atmosphere.
and Development)." In addition, this necessary to ensure that available funds Response: NOAA agrees with the
same reviewer recommended that the are awarded in a relatively fair and recommended modification and has
allocation of acquisition/development proportional manner among national changed Ireferences from the Assistant
funds should be made on the basis of estuarine research restrves. In the Administrator to the Under Secretary
greatest need measured against absence of such limits., one or a few throughout.
predetermined criteria. research reserves could receive the bulk Proposed � 921.2(d)-One reviewer
Response: NOAA acknowledges that of available funds at the expense of all . recommended a modification to the -
under certain conditions establishment other reserves. These limits prevent second sentence of the definition of
of predetermined percentages for such -a substantially disproportionate estuary to include the term measurably
allocating funds among programmatic distribution of limited funding. diluted with freshwater rather than
categories could provide greater At present, some of the existing minimally diluted.
predictability in the distribution of research reserves in the System are Response. NOAA agrees with the
Federal funds among reserve ts, However. approaching the iligibility limits for recommended modification the
the advantages of such an approach acquisition and facility development recommended term "minimal" should be
depend on a predictability in both the awards, while most have. received less the term "measurable". The definition
level of annual appropriations as well as than So per cent, and a number ess than has been changed accordingly.
major acquisition and development 25 per cent, of the eligibility li to of Proposed � 921.2(e)-Lrive reviewers:
needs for the Reserve system, The these type of awards---a differe ce
uncertainties in appropriation levels and between these categories of stated that some confusion has resulted'
acquisition needs are sufficient enough approximately one to three million In the reversed order of the terms
to make an allocation formula among dollars. These differences are justifiable research and reserve in the name of the
the six major funding categories on the basis of relative need,.reserve System, National Estuarine Reserve .'
Research System. and the name of each
(research. education. monitoring, size, property values, construction costs, . div
predesignation, acquisition/ etc. A greater difference in relative in idual reserve, national estuarine
developmenit. operations) unfeasible. allocation of funds between reserves research reserve.
NOAA attaches primary importance would favor disproportionally some Response. NOAA acknowledges that
to long term support for the operational reserves and, as a result, be detrimental some confusion has arisen as a result of
needs at each reserve as described in to the System as a whole. this difference. However. this is -
1921.32 of these regulations, and to Eligibility limits are established for statutory language which only can be
fulfilling the research, education and the purposes noted above and not to changed by amending the Act.
monitoring objectives of the program. unreasonably restrict 6 research reserve Section 921.4-Relationship to Oth&
unlimited eligibility for these for the from access to available Federal funds. Provisions of the Coostal Zone
awards. On the basis of NOAA's experience in Monogement Act.
(2) Four reviewers expressed concern administering Federal financial
or objection to limiting the funding assistance for the System and because It was noted that the existing program.
eligibility of any one reserve under any of comments from many research regulations describe this section as
type of award, particularly operation/ reserves, the eligibility limit for "Relationship to other provisions of the
management awards. These reviewer's operation/management awards was Coastal Zone Management Act and to
comments ranged from general concern raised to a maximum of $70,000 per site the National Marine Sanctuary
to recommending that all funding caps per year. In response to comments on Program". Text describing the
be removed from all types of awards. the proposed regulations, the eligibility relationship between the Reserve and
These reviewers also stated their limit for major facility construction has Sanctuary Programs was omitted. New
general concern regarding a perceived been raised 50 per cent in these final marine sanctuaries and estuarine
lack of long term Federal financial regulations (see response under research reserves are being designated
commitment to the System. proposed 1921.31 below).. in close geographic proximity to one
Response. Annual appropriations are Proposed�921.1(g)-One reviewer another and therefore improved
limited. not unlimited. Funding eligibility disagreed with the requirement that land coordination between the two progr Iams
limits for each reserve have been already In a protected status can be is warranted.
established in regulations only where included within a reserve only if the Response. NOAA agrees. The revision
determined appropriate and necessary managing entity commits to long-term of the Section heading and text should
for the establishment and on-going non-manipulative management. be adopted and strengthened. The
support of the mission and goals of the Response: NOAA believes this omission of this Information from the
System. These regulations establish requirement is necessary consistent proposed regulations was an oversight,
annual eligibility limits for operations with the mission and goals of the The Section heading and text have.be*en
($70,000 per year, per reserve) and System. Essentially this same subject is revised appropriately.
program-life limits for site acquisition discussed in the response to comments Section 921.10--Generol
I
mi
n

($4 million per reserve). Funding on proposed I 921.1(d) and I 921.1(e). In
eligibility limits have not been order to clarify the Intent of this Proposed � 921.10(6)@-Five reviewers
established for research, monitoring, provision, NOAA has revised this objected to two or more states which

Federal Regider 1 Vol. 55. No. 141 / Monday, July 23. 1990 / Rules and Regulations Z9945

share a biogeographic region being The remaining reviewer recommended Post site selection. In addition. however,
limited to the development of a single extensive revisions to the subsection to under the new subpart G, NOAA maV
reserve, even if it was a multicomponent provide guidance on where habitat' provide financial assistance an a
reserve with components In each manipulation would be allowed. competitive basis for each phase of a
respective state (eg., Maryland and Response. After careful review of this monitoring program. These grant awards
Virginia in the Chesapeake Bay subsection, NOAA does not believe that will be separate from those provided for
subregion of the Virginia biogeographic the buffer zone concept should be estuarine research under subpart F.
region). These reviewers specifically deleted or that substantive revisions are Section 921.13-41anagement Plan and
objected to the eligibility limit on land appropriate. The basic approach Environmental Impact Statement
acquisition funding (see I 921.10(b) and presented to sound. A critical concept
1921.20) as it applies,to any Individual and distinction between the two areas Development
reserve, single or multiple component. which may have been overlooked is that Proposed � 921.13(a)(71-Three
Response: NOAA agrees. Some of the key land and water areas ("core") and a reviewers provided comment an the
System's biogeographic subregions are buffer zone will likely require acquisition plan guidance of this
represented by more than one reserve In significantly different levels of control subsection. Two reviewers requested
more than one state. As a result, In the (see 1921.13 (s)(7)). In addition to the additional guidance on what constitutes
case of a biogeographic region (see basic principles established in the "adequate state control" and
Appendix 1) shared by two or more regulations, NOAA has developed more commented that the requirement to
states. each such state should be eligible detailed boundary guidance which is assess the cost effectiveness of control
for Federal financial assistance to available to states attempting to conduct alternatives,is excessively burdensome.
establish a national estuarine research the difficult process of boundary The remaining reviewer stated that
reserve within their respective portion delineation of a proposed site. having four million dollars in funds
of the shared biogeographic region. Proposed � 921. 11(6)(5)L-@e reviewer available for land acquisition is not
Section 921.10(a) has been amended to recommended amending this site consistent with the requirement to
reflect this revision. Because of this selection principle to Include "the conduct an assessment of the cost
revision, the phrase which begins "In support of ongoing or planned effectiveness of acquisition alternatives.
the case of a multicomponent national management activities in nearby Response: What constitutes
estuarine * * "' in I 921.10(a), 1921.31. estuaries, including those In the '.adequate State control" Is dependent
and I 921.32(c) to no longernecessary National Estuary Progam." on site-specific circumstances and
and has been deletedi. Response. NOAA considers requirements. Ile most efficient use of
P)-vposed�921.10(b)--Two reviewers J 921.11(c)(5) to encompass this concern available acquisition funds can only be
commented that NOAA should consider in that the State Is required to ensured through the identification of
a.higher eligibility limit or relative demonstrate how the proposed site is reasonable control, or acquisition
greater funding for awards to multi-- consistent with existing and potential alternatives and an assessment of their
component reserves than to single land and water uses. Both the relative cost and effectiveness. This
component reserves. ' designation by NOAA of a reserve does not necessarily mean that the least
, Response. NOAA disagrees.,nniling under the Act and management plans costly option in dollars is the alternative
for'the System is limited. A State elects developed through the National Estuary
to establish a multi-component reserve that must be selected. It does mean,
Program of the U.S. EPA are submitted howeveri@ that all reasonable control
or expand a single component reserve to the States for a determination of alternatives should be thoroughly
with full knowledge of the identical consistency ander section 307(c)(1) of
eligibility limits on any individual the Coastal Zone Management Act of exannned and their relative costs
reserve, whether single or multiple 197Z as amended. NOAA views this identified. The development of an
component. Establishing separate mechanism as an effective means for acquisition plan is an allowable cost
funding eligibility limits for, or ensuring that Recerves support and (Federal or matching share). Fouf
disproportionally funding, advance the relevant coastal and million dollars is not "available," but is
multicomponent reserves would be estuarine management objectives the eligibility limit for land acquisition
'likely to have a significant adverse including those of the National Estuary funds for any one reserve. Regardless of
Impact on single component reserves Program. The 'refore, I 921.11(c)(5) has the amount of funding available. for
and, as a result, the System as a whole. been amended to make more specific land acquisition. a thorough assessment
Further. acquisition and development our Intent that the site support estuarine of acquisition alternatives and their cost
funds are limited by the Act. management objectives. effectiveness Is necessary to ensure
responsible and efficient use of Federal
Section 921.11-,5ite Selection Section 921.12-Post Site Selection grant funds. At a minimum the degree of
Proposed � 921.11(c)(2)--One reviewer Proposed � 921* 12(c)-Two reviewers state control must provide adequate
recommended that the last sentence be recommended a separate type of award long term protection to ensure for
revised to eliminate reference to "a for monitoring that would provide long- reserve resources a stable environment
natural system:' term support for these activities. for research.
Response. NOAA agrees that a minor Response: NOAA agrees. A new Proposed� 921.13(a)(11@--One
revision Is necessary to clarify the intent subpart G-Monitoting has been added reviewer stated that NOAA's
of this sentence. The sentence has been to the regulations (subparts G and H of responsibility to make a consistency
revised In a manner consistent with the proposed regulations being determination should be made clear
corresponding clariWg revisions to relettered as subparts 1-1 and I, early In the regulations.
i 921.1(d) and I 921.1(e). respectively-, and the section numbers Response. NOAA agrees. A reference
Proposed � 921.1 1(v)(3@-Thres being renumbered accordingly). Initial to I 921.30(b) has been added to this
reviewers commented on the concept of funding for basic characterization of the subsection to clarify NOAA's.
"core" and "buffer"areas or zones. Two Ehysical, geological, chemical, and consistency determination
of these reviewers recommended ' fological characteristics of the site will responsibilities early in preparation of
deleting the concept of a buffer zone. continue to be provided under 1021.12- the management plan.

29946 Federal, Register / Vol. 55, No. 141 Monday, July 23, 1990. / Rules and Regulations

Section 921.20-General Section,921.30-Designation of National Section 921.32-Operation and
Estuarine Research Reserves Management: Implementation of the
Proposed�921.20-Two reviewers Management Plan
requested a clarifying revision to the Proposed � 921.30(6@-Two reviewers
last sentence of this subsection; the provided comments on the designation Proposed � 921.32(a-d)-Seven
addition of the phrase "to a coastal criteria listed in this subsection. One reviewers objected to the eligibility limit
state." reviewer recommended a change in on operations and management awards.
Response: NOAA agrees and the (a)(4) at variance with the Act. The They noted that the statute contains no
section hat been revised accordingly. other reviewer"recommended an provision for withdrawal of Federal
addition to the designation findings to support for continued operation of the
Section 921,21(e)-Initial Acquisition include a requirement that, In the case reserves. The termination of Federal
and Development Awards of a State which contains, in whole or support for the individual sites is viewed
Two reviewers provided comment on part, a national estuary program as a lack of Federal commitment to the
this section. The first reviewer convened pursuant to section 320 of the long-term maintenance of a
-equested clarification that the pro .vision Clean Water Act, suitable considerati6n representative system of estuarine
regarding de-designation ofa site , hasbeen given to integration of research research and education sites.
applies only to properties acquired with, and public education programs of the Response: The Reserve Program was
Federal funds I. The second reviewer estuarine research reserve and the designed and continues to be a State-
stated that the,provision to compensate national estuary program. It has also Federal partnership. The key to this
the Federal government for its share of been noted that the final management partnership is the requirement that
the acquisition cost In the event of de,- plan 'as the governing document for NOAA share with the State reserve
designation, may be contrary to overall subsequent operations and management program the financial needs associated
coastal protection objectives because of the reserve should contain the signed with site designation, land acquisition,
designation findings. Subpart (a) of this research, education and operations.
the state may have to sell the propdrty section should also be revised to show As discussed previously, appropriate
to development Interests in order to fully that the Under Secretary is responsible eligibility limits ensure that funding Is
compensate the Federal interest. for d
.@signation of reserves In available for competitive research
Response: Regarding the first accordance with the delegation of that education and monitoring awards. If. as
comment, NOAA does not believe authority from the Secretary of some reviewers suggested, NOAA
additional clarification is necessary. Commerce; removed the annual monetary ceiling for
This subsection states specifically that Response, The terms for designation operations and other awards, an
these provisions apply to "any real of a National Estuarine Research Inequitable and disproportionate
property acquired in whole or part with Reserve are set forth in the statute. distribution of the limited funds for the
Federal funds * * *." ne second NOAA agrees thatresearch and program could result. Annual
commenter acknowledges correctly that education programs should be operational eligibility limits in addition
these requirements are designed to Integrated between the Environmental to ensuring the availability of funds for
accomplish the goals of 4he National Protection Agency's National Estuary competitive projects provide a stability
Estuarine Research Reserve System and Program and NOAA's National and even distribution among designated
that this provision helps ensure that Estuarine Reserve Research System. and developing reserves. Consequently
reserves maintain the standards This effort hag already been Initiated NOAA Is retaining the eligibility limit of
established for the system and, If,they through a memorandum of $70,000 for operations and management
do not. that 6 percentage of the fair understanding between theprograms at per site per year.
market value Is available to other the National level and is being pursued NOAA concurs with the reviewers'
reserves. It should also be rioted that at the local level, where appropriate. assertion that the statute does not direct
these provisions are not new and have Therefore, NOAA believes It does not the Federal Government to abandon its
been in place since the inception of the require restatement in theprogram upport and financial commitment to
Reserve program through grant :serve operations at the conclusion of a
regulations, However, NOAA agrees .
directives contained in OMB Circular A- that the managementplan should prescribed period of time or when an
102. The provisions in the Reserve contain the findings of designation and arbitrary cumulative funding ceiling for
regulations are taken directl',from the the regulations should show that the Federal support of operations has been
y me t. By imposing a fixed duration for
A-102 Circular and apply to all real Under Secretary is responsible for Federal support of Reserve operations
property acquired in whole or part with designation. The regulations have been NOAA may undermine its ability to
Federal funds. It should also be noted. revised accordingly. participate effectively with the Reserve
that there are-other alternatives aside Section 921.31-Supplemental system to address coastal and estuarine
from sale of the property. In the event of Acquisition and Development A Wards management issues of national
de-designation the state may retain title significance. The previously proposed
or transfer title to the Federal Proposed�-021.31-Four reviewers three year support per position allocated
government. In these Instances it is expressed concerns that the eligibility through a $420.000 operations ceiling
likely that the resources of the reserve limit of $1,000,000 in Federal financial also established a complex and
could continue to be protected. While assistance for facility construction may burdensome administrative process
none: of these alternatives are not be adequate to meet anticipated which Is further complicated when
Inexpensive they do, as noted by the long term needs and should be allocated among Reserves which have
commenter, help ensure that the site increased or eliminated. . already received operations support,
continues to be, managed_and Response. NOAA agrees. The and the newly designated sites which
maintained in conformance with eligibility limit for facilityconstruction have yet to receive such support. To
research reserve goals and objectives., has been@ Increased 50 percent to simplify, streamline and improve
$1,5W,000., NOAA's effectiveness In support of

Federal Register / Vol. 55, No. 141 Monday,july 23, 1996/ Rules and Regulations 29947

Reserve operations, the three year with the program goals as specified In on these l9sues. Therefore. NOAA does
restriction and other references to 1921.1 of these regulations. The rive not agree that addItional mechanisms
cessation of Federal support for goals described In this section are for dispute resolution are warranted.
operations and management at the nearly identical to the criteria proposed Proposed � 921.40(e)-Two reviewers
reserves have been removed throughout by one commenter. The commenter recommended a ninety-day requirement
the regulations. added cost-effectiveness In using for State submittal of an annual report
Section .921.3i-Boundary Changes, Federal funds as an addiflonal criteria Instead of sixty days.
Amendments to the Management Plan, which, while not directly stated as a Response: NOAA o8rees. Section
and Addition of Multiple-site program goal In the regulations Is 921.40(e) has been revised accordingly.
implicit in any evaluation of efficient NOAA also notes that this section -
Components management of the total reserve Ind icateg that inadequate annual reports
Proposrd � 921.33(a)--One reviewer program. will trigger a full scale performance
recommended deletion or substantial It is not feasible to establish a evaluation. This provision Is no longer
modification of this subsection to checklist for'sny.evaluation to needed since � 921.32 has been changed
recognize the State's right and ability to predetermine what constitute's adequate to piovide long term eligibility for
appropriately plan and legislate its legal versus Inadequate performance. Ench operations surport. Fvaluations
charge-the research reserve. In reserve has very unique arlmint3trative consequently will be conducted
summarv, this reviewer objected to Structures, environmental nuf@oitrces, and generally at least every 3 years. ne
NOAA'; approval authorityl corresponding management needs. statement has therefore been deleted.
requirement for activities discussed in NOAA views the evaluation process to
this subsection. The reviewer suggested be a highly collaborative.effort with the Section 921.50L-Cencrol
that it should be sufficient If the State State such that the evaluation can be' Proposed � 921.50(a)-Four reviewers
provides NOAA an opportunity for used to focus on particular and specific commented on this subsection. Viree
review and comment on proposed problem areas. It is notappropriate to reviewers recommended thqt research
changes. attempt to con-sitruct a litmus test for funded under this subpart be allowed In
Response. NOAA disagrces. NOAA is inadequate or adequate perfor@mance an area larger than the boundaries of
responsible for Federal oversight of the which could reasonably anticipate the the research reserve. One of these
System and each designated research substantial variety of issues that are reviewers also recommended that the
reserve. As long as a State vAshes for a addressed In the evaluation process. managing entity of the reserve approve
reserve to remain a part of the System NOAA would be justifiably criticized for r1l research prior to NOAA funding. One
and to retain Federal designation, applying an artificial measure against reviewer expressed concern that funding
NOAA will continue to require Federal unique and site-specific circumstances. eligibility is tied to NOAN approval of a
approval of changes in that research NOAA agrees with the comments
re-;erve's boundaries and manegement. made regarding participation of other final manngement plan.
General officials In the evaluation process. Such Response: NOAA agrees that greater
officials provide recommendations to flexibility should be provided for the
rrop. osed � 921.40, � M1.41, and NOAA on specific issues in the area In which federally funded research
� 921.42-Several reviewers evaluation. To ensure that Reserve under this subpart may be conducted.
recommended clarification of the personnel are directly Involved in The regulations have been revised to
criteria to be used during performance selection of the evaluation team, allow research activity in tl@e Immediate
evaluations. performance cr4teria should I 921.40(c) has been revised to Indicate watershed of the ruservewlifle still
clearly state what constitutes adequate that NOAA will consult with and ' requiring the majority of funded
or inadequate performance. One request recommendations from the activities to be conducted witlim the
com-runter p-mvided a. list of items Reserve on the appropriate non-NOAA boundwies. NOAA also agree; that the
sufj,ested for inclusion in an evaluation- ation. aging entity of the reserve should
participants prior to the evalu Tnnn.
Three reviewers made suggestions on The recommendation that the directly Indicate approval or
the cninposition of the evaluation team I I disaprroval of proposed research
evaluation examine coordination
rccommending non-Federal end private between the Reserve program and other project. Currently each reserve Is
individual participation while another coastal research efforts Is fully requested to review and assign primity
cornmenter suggested the regulations consistent with NOAA objectives for the to research projects proposed for the
indicate criteria for choosing the evaluation process end is currently reserve. If a reserve does not approve ef
members of the evaluation team. Finally considered under Reserve program a particular project that information
a recommendation was ofrered that the criteria to "promote Federal.'State, should be expressed directly to NOAA.
evaluation stress Integration of the public and private use of one or more NOAA agrees that its review and
Reserve prngram with other state reserves within the S stem.when such approval of state submitted final
. y
coastal/research programs and that the entities conduct estuarine research," management plans should be as
regulations provide for other dispute NOAA however, does not agree with the expeditious as possible. However,
resolution mechanisms short of comment that other dispute resolution consistent with NOAA's responsibility
litigation. mechanisms Phould be devised short of to ensure that reserve managementIg
Response. The periodic evaluation of litigation in the event of an unfavorable conducted in accordance with the
a national estuarine research reserve is evaluation that may lead to withdrawal mission and goals of the System the
central to NOAA's ability to ensure that of designation. The provisions contained need for an approved final management
reserve operation and management is In both 1921.41 and 1921.42 provide a plan to qualify for NOAA funded
being conducted In a manner fully lengthy and elaborate process for research remains.
consistent with program goals and addressing major differences between
objectives as defined In section 315 of the NOAA and the Reserve relative to Section 921.51-Estuorine Research
the Act, 16 U.S.C. 1461. and Its suspension of financial assistance or Guidelines
implementing regulations. The criteria withdrawal of designation. This process Proposed I 921.51-Five reviewers
for an evaluation norresponds directly Is expressly designed to avoid litigation recommended that NOAA provide, at

29948 Federal Register / Vol. 55, No. 141 Monday, July 23, 1990 / Rules and Regulations

minimum, a more detailed and specific that properties included within NERR United States based enterprises to
description of the Estuarine Research boundaries, particularly the core area, compete with foreign based enterprises
Guidelines In the regulations. One will be subject to restricted uses, and in domestic or export markets.
'reviewer objected to NOAA's role in these uses will b6 subject to NOAA These rules amend existing
6stablishing the research priorities for approval (e.g.. research, construction, procedures for identifying, designating,
funding under this subpart. education). Since these properties add and managing national estuarine
Response: NOAA disagrees. Section real value to the NERR System, but have research reserves in accordance with
315 of the Act requires NOAA to diminished use for other purposes, they the Coastal Zone Management
develop guidelines, not regulations, for should be allowable as state match. Reauthorization Act of 1985. They will
the conduct of research within the These reviewers therefore not result in any direct economic or
System. A basic description of these recommended elimination of a one-year environmental effects nor will they leed
guidelines is provided in both the Act time limit. to any major indirect economic or
and the regulations. Including the Response, This provision has been environmental impacts.
guidelines themselves, or a more adopted In the past to ensure that lands (B) Regulatory Flexibility Act
detailed and specific description of included within the Reserve system are Analysis. A Regulatory Flexibility
these guidelines, In the regulations acquired consistent with the purposes Analysis is not required for this
would severely limit flexibility in their and objectives of the Reserve system rulemaking. The regulations set forth
implementation. NOAA publishes the and, as required by section 315(e)(3)(A) procedures for identifying and
guidelines annually in the Federal of the Act, to assure that the state hag designating national estuarine research
Register and intends to continue to matched the amount of financial reserves, and managing sites once
improve these guidelines within the assistance provided by the Federal designated. These rules do not directly
relatively comprehensive standards of Government for the acquisition of land affect "small government jurisdictions"
the Act. NOAA develops general for a reserve. However, NOAA agrees as defined by Public Law 96-354. the
research priorities on an annual basis in that the imposition of a one-year time Regulatory Flexibility Act, and the rules
cons'llitation with the estuarine research limit may not be the most effective or will have no effect on small businesses.
and tesource management community. appropriate method to achieve this (C) Paperwork Reduction Act of 1980.
'Me agency foresees no advantage to purpose. We have therefore eliminatpd This rule contains collection of
including more specificity or detail than this provision from the regulations a I information requirements subject to
necessary in the Program regulations. Instead allow inclusion of land and Public Law 96-511, the Paperwork
The financial support provided under submerged lands already In the states' Reduction Act (PRA), which have
this subpart for Research Is possession as state match irrespective already been approved by the Office of
.administered by NOAA. As a result. of the date obtained by the state. Management and Budget (approval
NOAA, in consultation with prominent However, calculation of the amount number 0648-0121). Public reporting
members of the estuarine research eligible as match for existing state burden for the collections of information
community, will continue to determine owned lands will be made by an contained in this rule is estimated to
research priorities for this funding. independent appraiser who will, average 2,012 hours per response for
Subpart G-Interpretation and consider the value for match purposes of management plans and related
these lands by calculating the value of documentation, 1.25 hours for
Education benefits foregone by the state, In the use performance reports, and 15 hours for
Section 921.60--General of the land, as a result of new annual reports and work plans. These
restrictions that may be imposed by
Noposed � 921.60(a)-Two reviewers Reserve designation. estimates include the time for reviewing
objected to the requirement that Proposed � 921.71(e)(4)-One instructions, searching existing data
interpretive and education projects be reviewer recommended elimination or sources, gathering and maintaining the
conducted within the research reserve. simplification of the matching share data needed, and completing and
. Response: NOAA did not intend to criteria for research awards. reviewing the collection of information.
limit funding tinder this Subpart to Response., The matching share Send comments regarding this burden
activities conducted entirely within the requirement cannot be eliminated estimate or any other aspect of these
boundaries of a research reserve, and because it Is required by statute. collections of information, including
has revised the statement to clarify the However, the matching share criteria suggestion3for reducing this burden, to
intent. hag been simplified to be consistent Richard Roberts, Room 1235,
Proposed � 921.60(b)-One reviewer with the provisions to I 921.50(a) of Department of Commerce, Washington,
suggested NOAA require that all subpart F. DC 20230, and to the Office of
applications for interpretation and Information and Regulatory Affairs,
education awards be approved by the VI. Other Actions Associated With the Office of Management and Budget,
state. Rulemaking Washington, DC 20503. ATTN: Desk
Response: NOAA agrees that (A) Classification [Inder Executive Officer for NOAA.
applications under this subpart should Order 12291. NOAA has concluded that (D) Executive Order 12612. These
have the support of the state managing these regulations are not major because interim final rules do not contain
entity. The regulations have been they will not result in: policies which have sufficient
revised accordingly., (1) An annual effect an the economy Federalism Implications to warrant
of $100 million or more: preparation of a Federalism Assessment
Section 921.71-Alloivoble Costs (2) A major increase in costs or prices pursuant to Executive Order 12612.
Proposed � 921.71(e)(2)-Two for consumers; individual industries; However, the provisions of the rules
reviewers objected to a one year time Federal, state, or local government setting forth what a state must do or
limit prior to pre-acquisition being agencies: or geographic regions; or agree to do in order to qualify for the
imposed on the allowability for state (3) Significant adverse effects on various types of Federal financial
match of state lands already in a fully- competition, employment, Investment, assistance available under the rules
protected status; The commenters noted productivity, innovation or the ability of have been reviewed to ensure that the

Federal Register / Vol. 55, No. 141 / Monday, July 23, 1990 Rules and Regulations 29949

rules grant the states the maximum submitted program applications that Sec.
administrative discretion possible In the anticipate immediate implementation of Subpart F-Research
administration of the National Estuarine these regulations. Public comments on 921.50 General.
Reserve Research System policies these Interim final regulations are 921.51 Estuarine research guidelines.
embodied In the qualification Invited and will be considered If 921.52 Promotion and coordination of
requirements. In formulating those submitted an or before September 21. estuarine research.
policies, the NOAA worked with 1990. Subpart G-Monitoring
affected states to develop their own List of Subjects in 15 CFR Part 921 921.60 General.
policies with respect to the use of
National Estuarine Research Reserves. Administrative practice and Subpart H-Interpretation and Education
To the maximum extent possible procedure, Coastal zone, Environmental 921.70 General.
consistent with the NOAA's impact statements, Grant programs-- 921.71 Categories of potential interpretive
responsibility to ensure that the Natural resources, Reporting and and educational projects; evaluation
objectives of the National Estuarine recordkeeping requirements, Research. criteria.
Reserve Research System provisions of (Federal Domestic Assistance Catalog Subpart 1-General Financial Assistance
the Coastal Zone Management Act are Number 11.420, National Estuarine Reserve Provisions
obtained, the rules refrain from Research System) 921.80 Application information.
establishing uniform national standards. Dated: July 10, 1990. 921.81 Allowable costs.
Extensive consultations with state Virginia K. Tippie, 921.82 Amendments to financial assistance
officials and organizations have been awards.
financial assistance
held regarding the Assistant Administrator for Oean Services
qualifications Imposed. Details arid Coastal Zone Management. Appendix I to Part 921-Biogeographic
regarding awards of financial assistance For the reasons set forth in the Classification Scheme
have been discussed above under the preamble, 15 CFR part 921 Is revised to Appendix II to Part 921-Tyrology of
heading "REVISION OF THE read as follows: National Extuarine Research Reserves
PROCEDURES FOR SELECTING, Authority: Sec. 315, Public Law 02-583, as
DESIGNATING AND OPERATING PART 921-NATIONAL ESTUARINE amended; 86 Stat. 1280 (16 U.S.C. 1461q1.
NATIONAL ESTUARINE RESEARCH RESERVE RESEARCH SYSTEM
RESERVES" and are not repeated here. REGULATIONS Subpart A-General
Likewise comments from the states Sec. � 921.1 Mission, goals and general
regarding qualifications and responses provisions.
and changes to the regulations regarding Subpart A--General (a)The mission of the National
same were set forth under the heading 921.1 Mission, goals and general provisions. Estuarine Reserve Research System is
SUMMARY OF SIGNIFICANT 921.2 Definitions.
921.3 National Estuarine Reserve Research
COMMENTS ON THE PROPOSED the establishment and management,
REGULATIONS AND NOAA'S System biogeographic classification through Federal-State cooperation, of a
RESPONSES. It should be noted that scheme and estuarine typologies. national system of estuarine research
some of the states commented in 921.4 Relationship to other provisions of the reserves representative of the various
opposition to conditions or language Coastal Zone Management Act. regions and estuarine types in the
required by law or by Office of Subpart B-Site Selection, Post Site Selection United States. Estuarine research
Management and Budget Circular A102. and Management Plan Development reserves are established to provide
opportunities for long-term research,
NOAA does not have the discretion to 921.10 General education, and interpretation.
change such language or conditions. 921.11 Site selection. (b) The goals of the program for
(E) National Enviromental Policy 921.12 Post site selection. carrying out, this mission are to:
Act. NOAA has concluded that 21.13 Management plan and environmental
publication of these interim final rules Impact statement development. (1) Ensure a stable environment for
research through long-term protection of
does not constitute a major Federal Subpart G-Acquisition, Development, and
action significantly affecting the qua Preparation of the Final Management Plan estuarine reserve resources;
of the human environment. Therefore, 921.20 General. (2) Address coastal management
an environmental impact statement Is 921.21 Initial acquisition and development Issues Identified as significant through
not required. awards. coordinates estuarine research within
(F)Administrative Procedure Act. the System;
Subpart D-Reserve Designation and (3) Enhance public awareness and
These interim final reputations are Subsequent Operation
understanding of the estuarine
effective July 23, 1990.To the extent that 921.30 Designation of National Estuarine environment and provide suitable
these regulations relate to grants and Research Reserves. opportunities for public education and
cooperative agreements the 921.31 Supplemental acquisition and interpretation:
requirements of the Administrative development awards.
Procedure Art 5 U.S.C. 553 do not apply. 921.32 Operation and management: (4) Promote Federal, state, public and
To the extent that any substantive Implementation of the management plan. private use of one or more reserves
provision does not involve grants or 921.33 Boundary changes, amendments to within the System when such entities
cooperative agreements no useful the management plan, and addition of conduct estuarine research; and
purpose would be served by delaying multiple-site components. (5) Conduct and coordinate estuarine
the effective date for 30 days. No rights Subpart E-Performance Evaluation and research within the System, gathering
of the partipants in this Federal Withdrawal of Designation and making available Information
program will be adversely effected by 921.40 Evaluation of system performance necessary for improved understanding
immediate implementation. To the 921.41 Suspension of eligibility rot financial end management of estuarine areas.
contrary state recipients of financial assistance. (c) National estuarine research
assistance through this program have 921.42 Withdrawal of designation. reserves shall be open to the public to

..9950 Federal Register / Vol. 55, No. 141 Monday, July Rules andRegulations
23, -1990

the extent permitted under State and representative and ecological integrity protection of estuarine resources. The
Federal law. Multiple uses are allowed of the reserve. research and monitoring awards provide
to the degree compatible with the (e) Under the Act an area may be funds to conduct estuarine research and
research reserve's overall purpose as designated as an estuarine reserve only monitoring within the System. The
provided in the management plan (see if the area is a representative estuarine educational and interpretive award
�. 921.13) and consistent with paragraphs ecosystem that Is suitable for long-term provides funds to conduct estuarine
(a) and (b) of this section. Use levels are research. Many estuarine areas have educational and interpretive activities
act by the individual state and analyzed undergone some ecological change as 6 within the System.
in the management plan. The research result of human activities (e.g., (g) Lands already in protected status
reserve management plan shall describe hydrological changes, Intentional/ managed by other Federal agencies.
the uses and establish priorities among unintentional species composition state or local governments, or private
these uses. The plan shall Identify uses changes-intro'duced and exotic organizations can be included within
requiring a state permit, as well as areas species). In those areas proposed or national estuarine research reserves
where uses are encouraged or designated as national estuarine only if the managing entity commits to
prohibited. Consistent with resource research reserves. such changes may long-term non-mani putative
protection and research objectives. have diminished the representative management consistent with paragraphs
public access may be restricted to character and integrity of the site. (d) and (e) of this section in the reserve
certain areas within a research reserve. Although restoration of degraded areas management plan. Federal lands already
(4) Habitat manipulation for research is not a primary purpose of the System, in protected status cannot comprise the
purposes is allowed consistent with the such activities may be permitted to key land and water areas of a research
following limitations. Manipulative improve the representative character reserve (see I 921.11(c)(3)).
research activities must be specified In and integrity of a reserve. Restoration (h) To assist the states in carrying out
the management plan, be consistent activities must be carefully planned and the Program's.goals in an effective
with the mission and goals of the approved by NOAA through the Reserve manner. the National Oceanic and -
program (see paragraphs (a) and (b) of Management Plan. Historical research Atmospheric Administration (NOAA)
this section) and the goals and may be necessary to determine the will coordinate a research and
objectives of the affected r search ..natural" representative state of an education Information exchange
e'
reserve, and be limited in nature and estuarine area (i.e.. an estuarine throughout the national estuarine
extent to the minimum manipulative ecosystem minimally affected by human research reserve system. As part of this
activity necessary to accomplish the activity or Influence). Frequently, role, NOAA will ensure that information
stated research objective. Manipulative restoration of a degraded estuarine area and ideas from one reserve are made
research activities with a significant or will provide an excellent opportunity for available to others in the system. The
long-term impact on reserve resources management oriented research. network will enable reserves to
require the prior approval of the state (n NOAA may provide financial exchange Information and research data
and the National Oceanic and assistance to coastal states. not to with each other, with universities
Atmospheric Administration (NOAA). exceed 50 percent of all actual costs or engaged In estuarine research, and with
Manipulative research Activities which $4 million whichever amount Is less, to Federal and state agencies. NOAA's
can reasonably be expected to have a assist in the acquisition of land and objective is a system-wide program of
significant adverse impact on the waters, or interests therein. NOAA may research and monitoring capable of
estuarine resources and habitat of a provide financial assistance to coastal addressing the management Issues that
reserve, such that the activities states not to exceed 50 percent of all affect long-term productivity of our
themselves or their resulting short- and actual costs for the management and Nation's estuaries.
long-term consequences compromise the operation of, and the conduct of 1921.2 Definitions.
representative character and integrity of educational or interpretive activities
a reserve, are not allowed. Habitat concerning, national estuarine research (a) Act means the Coastal Zone
manipulation for resource management reserves (see subpart I of this part). Management Act of 1972, as amended,
purposes Is not permitted within NOAA may provide financial'assistance 16 U.S.C. 1451 et seq. Section 315 of the
national estuarine research reserves, to any coastal state or public or private Act, 16 U.S.C. 1461, establishes the
except as allowed for restoration person, not to exceed 50 percent of all National Estuarine Reserve Research
activities consistent with paragraph (e) actual costs. to support research and System.
ofthis section. NOAA may allow an monitoring within a national estuarine (b) Under Secretary means the Under
exception to this prohibition if research reserve. Five types of awards Secretary for Oceans and Atmosphere,
manipulative activity Is necessary for are available under the National U.S. Department of Commerce, or
the protection of public health or the Estuarine Reserve Research System designee.
preservation of other sensitive resources Program. The predesignation awards lire (c) Coastal state means a state of the
which have been listed or are eligible for site selection, draft management United States. in or bordering on, the
for protection under relevant Federal or plan preparation and conduct of basic Atlantic, Pacific, or Arctic Ocean, the
state authority (eg., threatened/ characterization studies, Acquisition Gulf of Mexico, Long Island Sound. or
endangered species or significant and developmen 't awards are intended 'one or more of the Great Lakes. For the
historical or cultural resources). If primarily for acquisition of interests in purposes of these regulations the term
habitat manipulation is determined to be land and construction. The operation also include 'a Puerto Rico, the Virgin
necessary for the protection of public and management. award provides funds Islands, Guam, the Commonwealth of
health or the preservation of sensitive to assist in implementing the research, the Northern Marianas Islands, the
resources, then these activities shall be educational, and administrative Trust Territories of the Pacific Islands,
specified in the Reserve Management programs detailed In the research and American Samoa (see 16 U.S.C.
Plan and limited to the reasonable reserve management plan and is 1453(4)).
alternative which has the least adverse reflective of the joint State-Federal (d) Estuary means that part of a river
and shortest term impact on the partnership in the preservation and or stream or other body of water having

Federal Register / Vol., 55, No. 141 / Monday, July 23, 1990 Rules and Regulations 29951

unitnpaired connection with the open approved coastal zone management million for which each reserve is eligible
sea, where the s 'ea water is measurably programs under section 366 of the Act. is for land acquisition. In the case of a
diluted with fresh water derived fro 'in eligible for an award under the National biogeographic region (see Appendix I to
land drainage, The term also includes Estuarine Reserve Research System (see this part) shared by two or more states,
estuary-type areas with measurable J 921.2(c)). each state is eligible for Federal
freshwater influence and having (b).For purposes of consistency financial assistance to establish a
unimpaired connections with the open review by states with a federally national estuarine research reserve
sea, and estuary-type areas of the Great approved coastal zone management within their respective portion of the
Lakes and their connecting waters. See program, the designation of a national shared biogeographic region'. Financial
18 U'S.C. 1453(7)). estuarine research reserve is deemed to assistance application procedures are
(e) National Estuarine Research be a Federal activity, which, if directly specified in'subpart I of this part.
Reserve means an area that is a affecting the state's coastal zone, must (b) In developing a research reserve
representative estuarine ecosystem be undertaken in a rnanne'r consistent to program, a state may choose to develop
suitable for long-term research, which the maximum extent practicable with a multiple -site research reserve
may Include all or the key land and the approved state coastal zone program reflecting a diversity of habitats in a'
as provided by secti o*n 1466(c)(1) of the single biogeographic region. A multiple-
water portion of an estuary, and I
adjacent'transitional areas and uplands Act, and implementing regulations at 15 site research reserve also allows the
constituting to the extent feasible a CFR part 930, subpart C. In accordance state to developcomplementary
natural unit, and which is set aside as a with section 1456(c)(1) of the Act and the research and .educational programs
natural field laboratory to provide long- applicable regulations NOAA will be within the individual components of its
term opportunities for research, responsible for certifying that multi-site research reserve. Multiple-site
education, and interpretation on the designation of the reserve is consistent
research reserves.are treated as one
ecological relationships within the @area with the State approved coastal zone reserve in terms'of financial assistance
(see 16 U.S.C. 1453(8)) and meets the management program. The State must and development of an overall
requirements of 16 U.S.C. 1461(b). This concur with or object to the certification. management framework and plan. Each
includes those areas designated as It is recommended that the lead State individualsite of a proposed multiple- .
national estuarine sanctuaries under agency for reserve designation consult site research reserve shall be evaluated
section 315 of the Act prior to the date of at the earliest practicable time, with the both separately under I 921.11(c) and
the enactment of the Coastal Zone appropriate State officials concerning collectively as part of the site selection
Management Reauthorization Act of the consistency of the proposed national process. A state may propose to
1985 and each area subsequently estuarine research reserve. establish a multiple-site research
designated as a national estuarine (c) The National Estuarine Research re.serve at the time of the initial site
research reserve. Reserve Program will be administered in selection, or at any point in the
close coordination with the National development or opera Ition of the
921.3 National Estuarine Reserve Marine Sanctuary Program (Title III of estuarine research reserve, even after
Research System biogeographic the Marine Protection Research and Federal funding for the single site
classification scheme and estuarine Sanctuaries Act, as amended, 16 U.S.C.
typologles. research reserve has expired. If the state
1431-1445)i also administered by NOAA. decides to develop a multiple-site
(a) National estuarine research Title III authorizes the Secretary of - national estuarine research reserve after
reserves are chosen to reflect regional Commerce to designate discrete areas of the initial acquisition and development
differences and to include a variety of the marine environment as marine award is made for a single site. the
ecosystem types. A biogeographic sanctuaries to protect or restore such proposal is subject to the requirements
classification scheme based on regional areas for their conservation, set forth in I 921,33(b). However, a state
variations in the nation's coastal zone recreational. ecological, historical, may not propose to add one or more
has been developed. The biogeographic research, educational or esthetic values.
classification scheme is used to ensure sites to an already designated research
National marine sanctuaries and reserve if the operation and
that the National Estuarine Reserve estuarine research reserves may not management of such research reserve
Research System includes at least one overlap, though they may be adjacent: has been found deficient and
site from each region. The estuarine uncorrected or the research conducted is
typology system is utilized to ensure Subpart B-Slte Selection, Post 611:6
that sites in the System reflect the wide Selection and Management Plan not consistent with the Estuarine
range of estuarine types within the Development Research Guidelines in accordance with
United,States. ; the provisions of subparts E and F of
(b) The biogeographic classification �921.10 General.- . this part. In addition, Federal funds
scheme, presented in Appendix I to this (a) A sta te may apply for Federal. acquisition of a multiple-site research
part. contains 27 regions. Figure 2 financial assistance for the@purpose of reserve remains limited to $4,OWOOO
graphically depicts the biogeographic ite selection, preparation of documents (see � 921.20). The funding for operation
regions of the United States. :pecified in 1921.13 (draft management of a multiple-site research reserve is
(c), The typology system Is presented plan and environmental impact limited to $70,000 per year (see
in Appendix 11 to this part. statement (EIS)) and the conduct of I 921.32(c)) and preacquisition funds are
research necessary to complete basic limited to $100,000 per reserve.
1921.4 Relationihip to other provisions of characterization studies. The total
the Coastal Zone Management Act. Federal share of this group of 1921.11 Site selection.
(a) The National Estuarine Reserve predesignation. awards may 'not exceed (a) A state may use up to $25.000 in
Research System is intended to provide $100.000. of which up to $25,0 .00 may be Federal funds to establish and
information to state agencies and other used for site selection as described in implement a site selection process
entities involved in addressing coastal 1921.11. Federal financial assistance for which is approved by NOAA.
management issues. Any coastal state. preacquisition activities under 1921.11 (b) In addition to the requirements set
inclbdir@s those that do not have and 1921.12 is subject to the total $4 forth in subpart I of this part. a request

29952 Federal Register Vol. 55, No. 141 Monday, July 23, '1990 / Rules and Regulations

for Federal funds for site selection must those ecological units of a natural being considered for selection as a
contain the following programmatic estuarine system ,which preserve, for potential national estuarine research
Information: research purposes, a full range of reserve. After the local governnient(s)
(1) A description of the proposed site significant physical, chemical and and affected landowner(s) have bt-en
selection process and how it will be biological, factors contributing to the contacted, at least one public meeting
implemented in conformance with the diversity of fauna, flora.and'natural shall be held in the area of the proposed
biogeographic classification scheme and processes occurring within the estuary. site. Notice of such a meeting. including
typology (� 921.3); The determination of which land and the time, place, and relevant subject
(2) An identification of the site w,ater areas are "key" to a particular matter, shall be announced by 11:e state
selection agency and the potential reserve must be based on specific through the area's principal news media
management agency; and scientific knowledge ofthii area. A basic -at least 15 days prior to the date of the
(3) A description of how public. prhici@ le to follow when deciding upon
p meeting and by NOAA in the rederal
participation will be incorporated into key land and water areas Is that they Register.
the process (.9ee,� 921.11(d)). should encompass resources (e) A state request for NOAA
(c) As part of the site selection representative of the total ecosyste"mi approval of a proposed site (or sites in
process, the state and NOAA shall and which If compromised could the case of a multi-site reserve) must
evaluate and select the final site(s). endanger the research objectives-of the contain a description of the proposed
NOAA has final authority in approving reserve. The term "buffer. zone" refers to site in relationship to each of the site
anch sites. Site selection shall be guided an area adjacent to"or surrounding key selection principles (� 921.11(c)) and the
by the following principles: land -and water areag-and essential to following information:
(1) The site's contribution to the their integrf ty. Buffer zones protect the (1) An analysis of the proposed site
b,ogeographical and typological balance core area and,provide additional based on the biogeographical scheme/
of the National Estuarine Reserve protection for estuarine-dependent t pology disciissed in � 921.3 and act
Research System. NOAA will give species, including those that are rare or y
pi-iority consideration to proposals to endangered. When determined forth in appendices I find It to this pait:
establish reserves In biogeographic appropriate by the state and approved (2) A description of the proposed site
regions or subregions that are not by NOAA. the buffer zone may also and its major resources, including
represented in the system (see the include an area necessary for facilities location, proposed boundaries, and
biogeographic cilassificatiori scheme and required for research and interpretation. adjacent land uses. Maps, including
typology set forth in 1921.3 and Additionally, buffer zones should be aerial photographs, are required;
appendices I and 11 to this part); established sufficient to'actommodate a (3) A description of the public
(2) The site's ecological shift of the core area as a result or participation process used by the state
characteristics, including its biological biological, ecological oi to solicit the views of interested parties,
productivity, diversity of flora and geomorphologicid change which asummary of comments, and, if
fauna, and capacity to attract a broad reasonably could be expected to occur. interstate issues are involved,
range of research and educational National estuarine research reserves documentation that the Governor(s) of
interests. The proposed site must be a may include existing Federal or state the other affected state(s) has been
representative estuarine ecosystem and lands already in a protected status contacted. Copies of all correspondence,
should, to the maximum extent possible. where mutual benefit can be enhanced. Including contact letters to all affected
be an estuarine ecosystem minimally However, NOAA will not approve a site landowners must be appended;
affected by human activity or influence for potential national estuarine research (4) A list of nil sites considered and a
(see 1.921.1(el); reserve status that is dependent brief statement of the basis for not
(3) Assurance that the site's primarily upon the Ini-lusion of currently selecting the non-pTeferred sites; and
boundaries encompass an adequate protected Federal lands in order'le meet (5) A nomination of the proposed
portion of the key land and water areas the requirements for research reserve sitc(s) for designation as a National
of the natural system to approximate an alatus Isuch as key land and water Estuarine Research Reserve by the
ecological unit and to ensure effective areas). Such lands generally will be Governor of the coastal state in which
conservation. Boundary size will very Included within a research reserve to the area is located.
greatly depending on the nature of the serve as a buffer or for other ancillary
ecosystem. Research reserve boundaries purposes; �921.12 Post site snolectlon.
must encompass the area within which (4) The site's suitability for long-term (a) At the time of the state 9 request
adequate control has or will be estuarine research, including ecological for NOAA approval of a proposed site,
established by the managing entity over factors and proximity to existing the state may subridt a request for up to
human activities occurring within the research facilities and educational $40.000 of the tGtal $io0,000 allowed for
reserve. Generally, reserve boundaries institutions; predesignation funds to develop the
will encompass two areas: key land and (5) The site's compatibility with draft management p!an and for the
wa ter areas (or "core area") and a existing and potential land and water collection of the information necessary
buffer zone. Key land and water areas uses in contiguous areas as well as for preparation of the environmental
and a buffer zone will likely require approved coastal and estuarine Impact statement. At this Urne, the state
significantly different levels of control management plans; and may also submit a request fur the
(see � 9.21.13(a)(7)). The'lerm "key land' (6)Fhe site's importance to educaVon remainder cf the preeesgriation funds
and water areas" refers to thnt core area and interpretive efforts, consistent with for reEcarch necessary to complete a
within the referve that is-so vital to the the need for continued, protection of the basic characterization Gf the physical.
functioning of the estuarine ecosystem natural system. cliernical and biOI08ical characteristics
1hat it must be under a level of control (d) Farly in the site selection process of the site approved by NOAA. The
sufficient to ensure the long-term the state must seek the views of affected state's reqiiest for these post site
viability of the reserve for research on landowners, locril governments, other selection funds must be accompanied by
natural processes. Key land and water state and Federal agencies and other the information sprcllied in subpart I of
areas, which comprise the core area, are parties who are interested in the a,rea(s) this part and, for draft management plan

Federal Register / Vol. 55, No. 1141 / Monday, July 23, 11990 Rules and Regulations 299513

development and environmental Impact establishing adequate long-term state state shall give priority consideration to
statement information collection, the control over these areas sufficient to the least costly rnethod(s) of attaining
following programmatic information: provide protection for reserve resources the minimum level of long-term control'
(1) A draft management plan outline to ensure a stable environment for required. Generally, with the possible
(see J 921.13(a) below); and research. This plan must include an exception of buffer areas-required for
(2) An outline of a draft memorandum identification of ownership within the support facilities, the level of control(s)
of understanding (MOU) between the proposed research reserve boundaries, required for buffer areas will be
state and NOAA detailing the Federal- including land already in the public considerably less than that required for
state role in research reserve domain; the method(s) of acquisition key land and water areas. This
management during the initial period of which the state proposes to use- acquisition plan, after receiving the
Federal funding and expressing the acquisition (including less-than-fee approval of NOAA. shall serve as a,
state's long-term commitment to operate simple options) to establish adequate guide for negotiations with landowners.
and manage the national estuarine long-term state control; an estimate of A final boundary for the reserve shall be
research reserve. the fair market value of any property delineated as a part of the final
(b) The state is eligible to use the interest-which Is proposed for management plan;
funds referenced in I 921.12(a) after the acquisition; a schedule estimating th6 (8) A resource protection plan
proposed site is approved by NOAA time required to complete the process of detailing applicable authorities,
under the terms of 1921.11. establishing adequate state control of including allowable 'uses, uses requiring
J 921.13 Management pi Ian and the proposed research reserve; and a a permit and permit. requirements, any
environmental Impact statement discussion of any anticipated problems. restrictions on use of the researchr -
development. In selecting a preferred method(s) for reserve, and a strategy for research
(a) After NOAA approves the state's establishing adequate state control over. reserve surveillance and enforcement of
proposed site, the state may request to areas within the proposed boundaries of such use restrictions, including
use additional predesignation funds for the reserve, the state shall perform the appropriate government enforcement
draft management plan development following steps for each parcel agencies;
and the collection of information determined to be part of the key land (9) If applicable, a restoration plan
necessary for the preparation by NOAA and water areas (control over which is describing those portions of the site that
of the environmental impact statement. necessary to protect the integrity of the they require habitat modification to
The state shall develop a draft reserve for resea.rch purposes), and for restore natural conditions;
management plan, including an MOILF. those parcels required for research and (10) A proposed memorandum of
Ile plan will set out in detail: interpretive support facilities or buffer understanding (I-IOU) between the- state
(1) Research reserve goals and purposes: and NOAA regarding the Federal-state
objectives, management issues, and (i) Determine, with- appropriate relationship during the establishment
strategies or actions for meeting the justification. the minimum level of and development of the national
goals and objectives-, control(s) required (eg., management estuarine research reserve, and
(2) An administrative section agreement. regulation, less-than-fee expressing a long-term commitment by
including staff roles in administration. simple property Interest (e.g., the state to maintain and manage the
research, education/interpretation, and conservation easement), fee simple research reserve in accordance with
surveillance and enforcement; property acquisition, or a combination section 315 of the Act 16 U.S.C. 1461.
(3) A research plan, including a of these approaches-, and applicable regulations. In
monitoring design; [ii) Identify the level of existing state conjunction with the MOU and where
(4) An educe tion/ interpretive plari. control(s); possible under state law, the state %Vill
(5) A plan for public access to the (iii) identify the level of additional consider taking appropriate
research reserve, state control(s). if any, necessary to administrative or legislative action to
(6) A construction plan, including a meet the minimum requirements ensure the long-term protection and
proposed construction schedule. general identified in (a)(71[i); or this section; operation of the national estuarine
descriptions'of proposed developments (iv) Examine all reasonable research reserve. The MOU shall be
and preliminary drawings. If alternatives for attaining the level of signed prior to research reserve
appropriate. Information should be control identified in (9)(7)(iii) of this designation. if other MOUs are
provided for proposed minor section. and perform a cost analysis of necessary (such as with a Federal
co 'nstruction projects in sufficient detail eacb;and agency or another state agency), drafts
to allow these projects to begin in the (v) Rank, in order of cost, the methods of such MoUs also must be included in
initial phase of acquisition and (including acquisition) identified in the plan; and
development. If a visitor center, paragraph (a)[7)(iv) of this section. (11) If the state has a federally
research center or any other facilities An assessment of the relative cost- approved coastal zone management
are proposed for construction Ior effectiveness of control alternatives program, docurTfentaticn that the
renovation at the site. or restorative shall Include a reasonable estimate of proposed national estuarine research
activities which require significant both short-term costs (e.g., acquisition of reserve is consisteritto, the maximum
construction are planned, a detailed property interests, regulatory program extent practicable with that program.
construction plan including preliminary development Including associated See � 921.4(b) and �'921.30(b).
cost estimates and architectural enforcement costs, negotiation, (b) Regarding the preparation of a7n
drawings must be prepared as a part of adjudication, etc.) and long-term costs environmental impact statement (EIS)
the final management plan; and (e.g., monitoring, enforcement, under the National Environmental Policy
(7) An acquisition plan identifying the adjudication, management and Act on a national estuarine research , _
ecologically key land and water areas of coordination). In selecting a preferred reserve proposal,.the state shall provide
the research reserve, ranking these niethod(s) for establishing adequate all nece!sary information to NOAA
areas according to their relative state control over each parcel examined concerning the socioeconomic and
importance, and including a strategy for under the process described above. the environmental Impacts assoc'iated with

29954 Federal Register / Vol..55, No. 141 1 Monday, July 23. 199.0 Rules and Regulations

implementing the draft management funds may be used in accordance with that the constniction activity will not be
plan and feasible alternatives to the the final management plan to construct detrimental to the environment.
plan. Based on this information,'NOAA research and educational facilities. (d) Except as specifically provided in
will prepare the draft ETS. complete any remaining land paragraphs (n) through (c) of [his
(c) Early in the development of the acquisition, and for restorative activities sectivn, construction projects, to be
draft management plan and the draft identified in the final management plan. funded In whole or in part under an
EIS, the state shall hold a meeting in the In any case, the amount of Federal acqidsition and development award(s),
area or areas most affected to solicit financial assistance provided to a may not be initiated until the research
public and government comments on the coastal state with respect to the reserve receives formal designation (see
significant issues related to the acquisition of lands and waters, or � 921.30). This requirement has been
proposed action. NOAA will publish a interests therein, for any one national adopted to ensure that substantial
notice of the meeting in the Federal estuarine research reserve may not progress in establishing adequate state
Register 15 days prior to the meeting. exceed an amount equal to 50 percent of contiol over key land and wa tcrs. areas
The state shall be responsible for the costs of the lands, waters, and has been made and that a final
publishing a similar notice in the local interests therein or $4,OW,000. management plan Is completed before
media. whichever amount is less. The amount major sums are spent on construction.
(d) NOAA will publish a Federal of Federal assistance for development Once substantial pr"ress in
Register notice of intent to prepare a and construction activities is $1,500,0m,. estab!ishing adeqw1te state control/
draft EIS. After the draft EIS is prepared acquisition has bee!i made, as defined
and filed with the Environmental � 921.21 Initial acquisition and
Protection Agency (EPA). a Notice of development awards. by the state in the management plan.
other activities guided by the final
Availability of the DEIS will appear in (a) Assistance is provided to aid the mann8ement plan may begin with
the Federal RiVstor. Not less than 30 recipient in: NOAA's 01)pr3val.
doys after publication of the notice, (1) Acquiring a fee simple or less- (e) For any real property acquired in
NOAA will hold at least one public than-fee simple real property interest in whole or part with Federal funds for the
hearing in the area or areas most land and water areas to be included In research reserve the state shall execute
affected by the proposed national the research reserve boundaries (see suitable title documents to include,
estuarine research reserve. The hearing 921.13(a)(7); I 921.30(d)); substantially khe following provisions,
will be held no sooner than 15 days after (2) hfinor construction, as provided in or otherwise append the following
appropriate notice of the meeting has paragraphs (b) and (c) of this section; provisions in a manner acceptable iirder
been given In the principal news media (3) Preparing the final management applicable. state law to the official land
and in the Federal Register by NOAA plan; and record(s)':
and the state, respectively. After a 45. (4) Up to the point of research reserve (1) Title to the property conveyed by
day comment period, a final EIS will be designation, Initial management costs. this deed shall vest in the [recipient of
prepared by NOAA. e.g., for implementing the NOAA the awari grant 'ed pursuant to section
Subpart C-@-Acqu[sltlon, Development, approved drafl management plan, 315 of the Art, 16 U.S C. 1461 or other
and Preparatlon of the Final preparing the final management plan, NOAA appl`Vved state agrncyl subject
Management Plan hiring a reserve m8nager and other staff to the condition that the designation of
as ri-,@cessary and for other management- flie InRine of National Fstuarine
921.20 General. related activities. Application Reservel Is not withdrawn and the
The acquisition and development procedures are specified in svil.)part I of property remains part of the federally
period is separated into two-major this part. devignated [name of National Estuarine
phases. After NOAA approval of the (b) The expenditure of Federal and Research lReservr).
site, draft management plan and draft state fundq on major construction (11) In the event that the property is no
hIOU, and completion of the fine] EIS, a activities Is not allowed during the longer Included as part of the research
state i3 eligible for an initial acquisition initial acquisition and development reserve, or if the designation of the
and development award(s), In this Initial phase. The preparation of architectural research reserve of which It is purt is
pliase, the state should work to meet the and engineering plans, including withdrawn, then NOAA or its surressor
criteria required for formal research specifications. for any proposed agency, after f,.,Il nnd reasunnble
reserve designation; eg., establishing construction, or for proposed restorative consultation with the State, may
adequate state control over the key land activities, is permitted. In addition, exercise the following rights regarding
and water areas as specified In the draft minor construction activities, consistent the disposition of the property.- I
management plan and preparing the with paragraph (c) of this section also (i) The recipient may retain title after
final management plan. These are allowed. The NOAA-approved draft paying the Federal Government an
requirements are specified in J 921.30. management plan must, however, amount computed by applying the
h4inor construction in accordance with Include a construction plan and a public Federal percentage of participation in
the draft management plan may also be access plan before any award funds can the cost of the original project to the
conducted during this initial phase. The be spent on construction activities. current fair marke t value of the
initial acquisition and development (c) Only minor construction activities property;
phase is expected to last no longer then that aid In Implementing portions of the (it) If the recipient does not elect to
three years. If necessary. a longer,time management plan (such as boat romps retain title, the Federal Government may
period may be negotiated between the and nature traits) are permitted during either direct the recipient to sell the
state and NOAA. After research reserve the initial acquisition and development property and pay the Federal
designation, a state Is eligible for a phase. No more than rive (5) percent of Government an amount computed by
supplemental acquisition and the initial acquisition and development apply!" the Federel percentage of
development award(s) in accordance award may be expended on such participation In [lie cost of the original
with J 921.31. In this post-designation facilities. NOAA must make a specific project to the proceeds from the sale
acquisition'and development phase, determination, based on the final EIS. (after deducting actual and reasonable

Federal Register / Vol. H. No. 141 / Monday, July.23, 1990 / Rules and Regulations 2995t;

selling and repair or renovation in the management plan. are under state may request a supplemental
expenses, ifany, from the sale adequate state control sufficient to acquisition and/or development
proceeds), or direct the recipient to provide longmterm protection for reserve award(s) for acquiring additional
transfer title to the Federal Government. resources and to ensure a stable property interests identified in the
If directed to transfer title to the Federal environment for research; management plan as necessary to
Government, the recipient shall be (4) Designation of the area as a enhance long-term protection of the area
entitled to compensation computed by reserve will serve to enhafice public' for research and education, for facility
applying the recipient's percentage of awareness and understanding of construction, for restorative activities
participation in the cost of the original estuarine areas. and provide suitable identified in the approved management
project to the current fair market value opportunities for public education and plan, and for administrative purposes.
of the property; interpretation; The amount of Federal financial
(iii) Fair market value of the property (5) A final management plan bag been assistance provided for supplemental
must be determined by an Independent approved by NOAA and contains the development costs directly associated
appraiser and certified by a responsible signed copy of the designation findings: with facility construction other than
official of the state, as provided by (6) An MOU has been signed between land acquisition (Le., major construction
Department of Commerce Regulations In the state and NOAA ensuring a long- activities) for any one national estuarine
15 CFR part 24, and Uniform Relocation term commitment by the state to the research reserve may not exceed
Assistance and ReALProperty and.implementation $1,500,000 and must be matched by the
Acquisition for Federal and Federally of ibin'Aional estuar14 research state on a 50/50 basis. Supplemental
assisted programs In 15 CFR part 11. reserve; and acquisition awards for the acquisition of
(0 Upon instruction by NOAA, (7) The coastal state in which the area lands or waters, or interests therein, for
provisions analogous to those of is located has complied with the any one National Estuarine Reserve may
I 921.21(e) shall be included in the requirements of these regulations. not exceed an amount equal to 50 per
documentation underlying less-than-fee. (b) NOAA will determine whether the centum of the cost of the lands. waters,
simple interests acquired In whole or designation of a national estuarine and interests therein or $4,000,000
part with Federal funds. research reserve In a state with a whichever amount is less. In the case of
(g) Federal funds or non-Fed6ral federally approved coastal zone a biogeographic region (see Appendix I
matching share funds shall not be spent m nagement program directly affects to this part) shared by two or more
to acquire a real property Interest in th: coastal zone. If the designation Is states, each state Is eligible for Federal
which the State will own the land found to directly affect the coastal zone, financial assistance to establish a
concurrently with another entity unless NOAA will make a consistency national estuarine research reserve
the property interest has been identified determination pursuant to section within their respective portion of the
as a part of an acquisition strategy 307(c)(1) of the Act, 16 U.S.C. 1450, and shared biogeographic regibn.
pursuant to � 921.13(7) which has been 15 CFR part 930, subpart C. See Application procedures are specified in
approved by NOAA prior to the J 921.4(b). The results of this subpart I of this part. Land acquisition
effective date of these regulations. consistency determination will be must follow the procedures specifiedin
(h) Prior to submitting the final published In the Federal Register when a I 921.13(a)(7), 1921.21 (e) and (0 and
management plan to NOAA for review notice of designation Is published. See �-921.81.
and approval, the state shall hold a I 921.30(c).
public meeting to receive comment on (c) NOAA will cause a notice of 1921.32 Operation and management:
the plan In the area affected by the designation of a national estuarine Implementation of the management plan.
estuarine research reserve. NOAA will research reserve to be placed in the (a) After the national estuarine
publish a notice of the meeting in the Federal Register. Ile state shall be research reserve Is formally designated,
Federal Register. The state shall be responsible for having a similar notice the state Is eligible to receive Federal
responsible for having a similar notice published In the local media. funds toassist the state In the operation
published in the local media. (d) The term "state control" In and management of the research
I 921.30(a)(3) does not necessarily reserve. The purpose of this Federally
Subpart D-Reserve Designation and require that key land and water areas be funded operation and management
Subsequent Operation owned by the state In fee simple. phase Is to implement the approved final
� 921.30 Designation of National Estuarine Acquisition of less-than-fee-simple management plan and to take the . .
Research Reserves. Interests (eg., conservation easements) necessary steps to ensure the continued
- and utilization of existing State effective operation of the research
(a) The Under Secretary may regulatory measures are encouraged
designate an area as a national where the state can demonstrate that reserve.
estuarine research reserve pursuant to these Interests and measures assure (b) State operation and management
section 315 of the Act, if based on adequate long-term State control of national estuarine research reserves
written findings the state has met the consistent with the purposes of the shall be consistent With the missioni and
following requirements: shall further the goals. of the National
research reserve (see also I 921.13(a)(7); Estuarine Research Reserve System (see
(1) The Governor of the coastal state I 921.21(g)). Should the state later elect
in which the area is located has to purchase an interest in such lands 1921.1).
nominated the area for destination as a using NOAA funds, adequate (c) Federal funds of up to $70,000 per
national estuarine research reserve; Justification as to the need for such year, to be matched by the state on a
(2) The area Is a representative acquisition must be provided to NOAA. 50/50 basis, are available for the '
estuarine ecosystem that Is suitable for operation and management of the
long-term research and contributes to 1921.31 Supplemental acquisition and national estuarine research reserve,
the biogeographical and typological development awards. including the establishment and
balance of the System: After national estuarine research operation of a basic environmental
(3) Key land and water areas of the reserve designation, and as specified in monitoring programAn the case of a
proposed research reserve. as Identified the approved managen ent plan, the biogeographic region (see appendix I to

29956 Federal Register / Vol. 55, No. 141 / Monday, July 23, 1M I Rules and Regulations

this part) shared by two or more states, accordance with section I M.13 and performance evaluations. If other
each state Is eligible for Federal *hall include an administrative experts are to be Included In the
financial assistance to establish a framework for the multiple-site research evaluation. NOAA will first ask the
national estuarine research reserve reserve and a description of the state to recommend appropriate
within their respective portion of the complementary research and individuals to serve In that capacity.
shared biogeographic region (see educational programs within the (d) Performance evaluations will be
1921.10). research reserve. If NOAA determines, . conducted in accordance with the
(d) Operation and management funds based on the scope of the project and procedural and public participation
are subject to the following limitations: the Issues associated with the additional provisions of the CZMA regulations on
(1) No more than $70,000 in Federal site, that an environmental assessment review of performance at 15 CFR part
funds may be expended in a twelve is sufficient to establish a multiple-site 928 (ie., J 923.3(b) and 1928.41.
month award period (ie., Federal funds research reserve, then the state shall (e) To ensure effective Federal
for operation and management may not develop a revised management plan oversight of each research reserve
be expended at a rate greater than which, concerning the additional , within the National Estuarine Reserve
$70,000 per year); component. Incorporates each of the Research System the state Is required to
(2) No more than ten percent of the elements described in I 921.13(a). The submit an annual report on operation
total amount (state and Federal shares) revised management plan shall address and management of the research reserve
of each operation and management goals and objectives for all components during the Immediately preceding state
award may be used for construction- of the multi-site research reserve and fiscal year. Tbiq annual report must be
type activities (le., $14,000 maximum the additional, component's relationship submitted within a ninety day period
per year). to the original site(@). following the end of the state fiscal year.
1921.33 Boundwy ChW96% amendment$ Subpart E-Performance Evaluation The report shall detail program
to ft managenent plai% mW odclition of successes and accomplishments.
multIpf"Its cofnpon*nt& and Withdravral of Designation referencing the research reserve
(a) Cbanges in research reserve � 921.40 Evaluation of system management plan and, as appropriate,
boundaries and major changes to the performance. the work plan for the previous year. A
final management plan, Including state (a) Following designation of a national work plan, detailing the projects and
laws or regulations promulgated estuarine research reserve pursuant to activities to be undertaken over the
specifically for the research reserve, J 921.30, periodic performance coming year to meet the goals and
may be made only after written evaluations shall be conducted objectives of the research reserve as
approval by NOAA. If determined to be concerning the operation and described In the management plan and
necessary, NOAA may require public management of each national estuarine the state's role In ongoing research
notice, Including notice In the Federal research reserve, Including the research reserve programs. shall also be Included.
Register and an opportunity far public and monitoring being conducted within
comment. Changes in the boundaries of 1921.4* Susperislon of *1191blIfty for
the reserve and education and financial assistance.
the research reserve involving the Interpretive activities. Evaluations maj
acquisition of properties not listed In the assess performance fit all aspects of (a) If a-performance evaluation under
management plan or final EIS require research reserve operation and 1921.40 reveals that the operation and
public notice and the opportunity for management or may be lin-tited in scope, management of the research reserve Is
comment; In certain cases, an focusing on selected issues of deficient, or that the research being
environmental assessment and possibly. importance. Performance evaluations In conducted within the reserve Is not
an environmental impact statement, assessing research reserve operation consistent with the Estuarine Research
may be required. Where public notice Is and management may also examine Guidelines referenced in subpart F of
required. NOAA will place a notice in whether a research reserve is in this part, the eligibility of the research
the Federal Register of any proposed compliance with the requirements of reserve for Federal financial assistance
changes In research reserve boundaries these regulations, particularly whether: as described in these regulations may be
or proposed major changes to the final (1) The operaUon and management of suspended until the deficiency or
management plan. ne state shall be the research reserve Is consistent with Inconsistency 19 remedied.
rpsponsible for publishing an equivalent and furthers the mission and goals of the (b) NOAA will provide the state with
.notice In the local media. See also National Estuarine Reserve Research a written notice of the deficiency or
requirements of I 921.4(b) and System (see J 921.1); and Inconsistency. This notice will explain
I 921*13(a)(11). (2) A basis continues to exist to the finding, assess the Federal role In
(b) As discussed in I W1.10(b), a state support any one or more of the findings contributing to the problem, propose a
may choose to develop a multiple-site made under I 921-Vga). solution or solutions, provide a schedule
national estuarine research reserve after (b) Generally. performance will be by which the state should remedy the
the initial acquisition and development evaluated at least every three years. deficiency or Inconsistency, and state
award for a single site has been made. More frequent evaluations may be whether the state's eligibility for Federal
Public notice of the proposed addition scheduled is determined to be financial assistance has been suspended
will be placed by NOAA in the Federal necessary by NOAA. In whole or part. In this notice the state
Register. The state shall be responsible (c) Performance evaluations will be shall also be advised that it may
for publishing an equivalent notice in conducted by Federal officials. When comment on this finding and meet with
the local media. An opportunity for determined to be necessary, Federal and NOAA officials to discuss the results of
comment, in addition to the preparation non-Federal experts In natural resource the performance evaluation and seek to
of either an environmental assessment management, estuarine research, remedy the deficiency or inconsistency.
or environmental impact statement on interpretation or other aspects of (c) Eligibility of a research reserve for
the proposal, will also be required. An national estuarine research reserve financial assistance tinder these
environmental impact statement, If operation and management may be regulations shall be restored upon
required, shall be prepared in requested by NOAA to participate In written notice by NOAA to the state

Federal Register / Vol. 55, No. 141 / Monday, July 23, 1990 Rules and Regulations 29957

that the deficiency or inconsistency has I 921.21(e) regarding the disposition of to any other funds available to a coastal
been remedied. real property acquired in whole or part state under the Act. Federal research
(d) If, after a reasonable time, a state with Federal funds shall be followed. funds provided under this subpart must
does not remedy a deficiency In the (0 NOAA may not withdraw be matched equally by the recipient,
operation and management of a national designation of a national estuarine consistent with I 921.81(e)(4)
estuarine research reserve which has research reserve if the performance ("allowable costs").
been identified pursuant to a evaluation reveals that the deficiencies
performance evaluation under in management or the site are a result of � 921.51 Estuarine research guidelines.
� 921.40(a), such outstanding deficiency inadequate Federal financial support. (a) Research within the National
shall be considered a basis for tstuarine Reserve Research System
withdrawal of designation (see 1921.42). Subpart F-Research shall be conducted in a manner
1921.42 Withdrawal of designation. 1921.50 General. consistent with Estuarine Research
(a) To stimulate high quality research Guidelines developed by NOAA.
(a) Designation of an estuarine area (b) A summary of the Estuarine
as a national estuarine research reserve within designated national estuarine Research Guidelines is published in the
may be withdrawn if a performance research reserves. NOAA may provide Federal Register as a part of the notice
evaluation conducted pursuant to financial support for research which is of available funds discussed in
921.40 reveals that: consistent with the Estuarine Research J 921.50(c).
(1) The basis for any one or more of Guidelines referenced in J 921.51. (c) The Estuarine Research Guidelines
the findings made under J 921.30(a) in Research awards may be awarded are reviewed annually by NOAA. This
designating the research reserve no under this subpart to only those review will include an opportunity for
longer exists; designated research reserves with comment by the estuarine research
(2) A substantial portion of the approved final management plans with community.
research conducted within the research the following exception: NOAA may
reserve, over a period of years, has not award research awards under this 921.52 Promotion and coordination of
been consistent with the Estuarine subpart to reserves without final estuarine research.
Research Guidelines referenced in management plans that have been (a) NOAA will promote and
subpart F of this part; or designated prior to the effective date of coordinate the use of the National
(3) A state, after a reasonable time, these regulations; in the absence of an Estuarine Reserve Research System for
has not remedied a deficiency in the approved final management plan, research purposes.
operation and management of a however these reserves will be eligible (b) NOAA will, in conducting or
research reserve identified pursuant to for research awards during only the first supporting estuarine research other than
an earlier performance evaluation two years after the effective date of that authorized under section 315 of the
conducted under � 921.40. these regulations. Although this research Act, give priority consideration to
(b) If a basis is found under may be conducted within the immediate research that uses the National
I 921.42(a) for withdrawal of watershed of the research reserve, the Estuarine Reserve Research System.
designation. NOAA will provide the majority of research activities of any (c) NOAA will consult with other
state with a written notice of this single research project funded under this Federal and state agencies to promote
finding. This notice will explain the subpart must be conducted within use of one or more research reserves
basis for the finding, propose a solution reserve boundaries. Research funds are within the National Estuarine Reserve
or solutions and provide a schedule by primarily used to support management- Research System when such agencies
which the state should correct the related research that will enhance conduct estuarine research.
deficiency. In this notice, the state shall scientific understanding of the research
also be advised that It may comment on reserve ecosystem. provide information Subpart G-Monitoring
the finding and meet with NOAA needed by reserve managers and coastal
officials to discuss the finding and seek management decision-makers, and 921.60 General.
to correct the deficiency. improve public awareness and (a) To provide a systematic basis for
(c) If. within a reasonable period of understanding of estuarine ecosystems developing a high quality estuarine
time, the deficiency is not corrected in a and estuarine management issues. resource and ecosystem information
manner acceptable to NOAA, a notice Research projects may be oriented to base for national estuarine research
of intent to withdraw designati 'on, with specific research reserves; however. reserves and, as a result, for the System,
an opportunity for comment, will be research projects that would benefit NOAA may provide financial support
placed in the Federal Register. more than one research reserve in the for monitoring programs. Monitoring
(d) The state shall be provided the National Estuarine Reserve Research funds are used to support three major
opportunity for an info rmathearing System are encouraged. phases of a monitoring program; studies
before the Under Secretary to consider (b) Federal research funds under this necessary for comprehensive site
NOAA's finding of deficiency and intent subpart are not intended as a source of description/characterization,
to withdraw designation. as well as the continuous funding for a particular development of a site profile, and
state's comments on and response to project over time. Research funds may implementation of a monitoring
NOAA's written notice pursuant to be used to support start-up costs for program.
I 921.42(b) and Federal Register notice long-term projects if an applicant can (b) Monitoring funds are available an
pursuant to I 921.42(c). identify an alternative source of long- a competitive basis to the state agency
(el Within 30 days after the informal term research support. responsible for reserve management or
hearing. the Under Secretary shall Issue (c) Research funds are available on a qualified public or private person or
a written decision regarding the competitive basis to any coastal state or entity designated by the Reserve.
designation status of the national qualified public or private person. A However. if the applicant is other than
estuarine research reserve. If a decision notice of available funds will be the managing entity of a reserve
is made to withdraw research reserve published in the Federal Register. research (coastal state). that applican *t
designation, the procedures specified in Research funds are provided in addition must submit as a part of the application .

29958 Federal Register Vol. 55, No. 141 / Monday, July 23, 1990 Rules and Regulations

a letter from the reserve manager recipient, consis!ent with I 9ZI.81(e)(4) public or private person may apply for
indicating formal support of the ("allowable costs"). Federal financial assistance awards for
application by the managing entity of estuarine research or monitoring. The
tl@e reserve. Monitoring awards will be 921.71 Categories of polentlal announcement of opportunities to
made on the basis of a rive-year Interpretive and educational projects; conduct research in the reserve system
performance period. and with initial evaluation criteria. appears on an annual basis in the
funding for a twelve (121 month period; (a) Proposals for Interpretive or Federal Register. It a state is
and with annual supplemental funding educational projects will be considered participating in the national Coasin)
contingent on performance and under the following categories: Zone Management Program, the
appropriations under the Act. (1) Design, development and applicant for an award under section
Monitoring funds are provided in distribution/pIncement of interpretive or 315 of the Act shall notify the state
addition to any other funds available to educational media (i.e., the development coastal management agency regarding
a coastal state under the Act. Federal of tangible items. such as exhibit.s/ tile application.
monitoring funds must be matched displays, publications, posters, signs, (b) An original and two copies or the
equally by the recipient. consistent with audio/visuals. computer software and formal application must be submitted at
921.81(c)(4) ("allowable ccctts"). maps which have an educational or least 120 working days prior to the
(c] Monitoring projects funded under interpretive purpose; and techniques for proposed beginning of the project to the
this Subpart muel focus on the resources making available or locating information following address: Office of Ocean and
within the boundaries of the researcli concerning research reserve resources, : Coastal Resource Management,
reserve,and must be congiblent with the activities, or issues); National Ocean Service, National
applicable sectious of the Estuarine (2) Development and presenitation of Oceanic and Atmospheric
Research Guidplines refereiv@ed in curricula, workshops, lectures, seminars, Administration, Universal Building
� 921.51. Portions or the project may and other structured programs or South, 1825 Connecticut Avenue, NW..
occur within the Immediate- watershed pre-mnlations for facility or field use, Suite 714, Washington, DC 20235. The
of the Reserve beyond the site (3) Extension/ o utrea ch programs; or Application for Frdersl Assistance
boundaries. However, the mrinitoring (4) Creative and innovative methods Standard Form 424 (Non-construction
proposal must demonMra!e why this is and technologies for implementing Program) constitutes the formal
necessary for the succes!9 of the project. Interpretive or educational projects. application for site selection, post-site
(b) Interpretive and educationa selection, operation and management,
Subpart H-Interpretation and projects may be oriented to one o more
Education research reserves or to the entire research, and education and interpretive
awards. The Application for Federal
� 921.70 General. system. Those projects which would i
directly benefit more than one research F nancial Assistance Standard Form 424
(a) To atimulafe the development of reserve, and, if practicable, the entire (Construction Program) constitufcs the
innovative or creaUve interpretive and National Estuarine Reserve Research formal application for land acquisition
educational projects and materials to System. shall receive priority and development awards. The
enhance public awareness and application must be accompanied by the
understanding of estuarine areas, consideration for funding. iriformation required in subpart 13
NOAA may fund interpretive and (c) Proposals for interpretive and (predesignation) of this part, subi5art C
educational activities. Interpretive and educational projects In national. of this part and � 921.31 (acquisition and
educational awards may be awarded estuarine research reserves will be development), and J 921.32 (operation
evaluated in accordance with criteria
under this subpart to only those listed below- and management) as applicable.
designated research reserves with (1) Educational or interpretive merits; Applications for development awards
approved final management plans with (2) Relevance or importance to reserve for construction projects. or restora tive
the following exception: NOAA may management or coastal decisionmaking: activities involving construction, must
award research awards under this (3) Educational quality (e.g.. include ! preliminary engineering report.
subpart to-reserves without final soundness of approach, experience All applications must contain back up
management plans that have been data for budget estimates (Federal and
designated prior to the effective date of related to methodologies); non-Federal shares), and evidence that
these regulations; in the absence of an (4) Importance to the National the application complies with the
Estuarine Reserve Research System; Executive Order 12372,
approved final management plan, (51) Budget and Institutional "Intergovernmental Review of Federal
however these reserves will be eligible Capabilities (e.g., reasonableness of
for research awards during only the first budget, sufficiency of logistical support): Programs." In addition, applications for
two years after the effective date of end acquisition and development awards
these regulations. (6) In addition, in the case of long- must contain:
(b) Educational and interpretive fund" term projects, the ability of the state or (1) State I listoric Presen-ation Office
are available on a competitive basis to the grant recipient to support the project comments;
any coastal state entity. However, if the beyond this initial funding. (2) Written approval from NOAA of
applicant is other than the managing the draft management plan for initial
entity of a research reserve, that Subpart I-General Financial acquisition and development award[s):
applicant must submit as a part.of the Assistance Provisions and
applicittion a letter from the reserve (3) A preliminary engineering report
manager indicating formal support of the 1921.80 ApplicatlonInformat"On. for construction projects, or restotative
pplication by the managing entity of (a) Only a coastal state may apply for activities involving constructfon.
the reserve. These funds aie provided In Federal financial assistance awards for
addition to any other funds available to preacquisition, acquisition and
a coastal state under the Act. Federal development, operation and (al.Alloivable cests will be
interpretation and educational funds management, and education and determined in accordance with
njust be matched eqtially by tile interpretation. Any coastal state or appliCRble OMB Circulars and guidance

Federal Register I Vol. 55, No. 141 / Monday, July 23, 1990 / Rules and Regulations 29959

for Federal financial assistance, the determining the value of the benefits 10. West Florida (Ft. Jefferson to Cedar
financial assistance agreement, these foregone by the state, In the use of the Key).
regulations. and other Department of land. as a result of new restrictions that Louisianian
Commerce and NOAA directives. The may be imposed by Reserve designation. it. Panhandle Coast (Cedar Key to Mobile
term "costs" applies to both the Federal The appraisal of the benefits foregone Bay).
end tion-Federal shares. must be made by an independent 12. Mississippi Delta (Mobile Bay to
(bl Costs claimed as charges to the appraiser In accordance with Federal Galveston).
award must be reasonable. beneficial appraisal standards pursuant to 15 CFR 13. Western Culf (Galveston to Mexican
and necessary for the proper and part 24 and 15 CFR part 11. A state may . border).
efficient administration of the financial initially use as match land valued at Californian
assistance award and must be Incurred greater than the Fedcral share of the 14. Southern California (Mexican Border to
during the award period. acquisition and development award. Point Concepcion).
(c) Costs must not be allocable to or The value in excess of the amount 15. Central California (Point Concepcion to
included as a cost of any other required as match for the initial award Cape Mendocino).
Federally-financed program in either the may be used to match subsequent 16. San Francisco Bay,
current or a prior award period. supplemental acquisition and Columbian
(dl General guidelines for the non- development awards for the national
Federal share are contained in estuarine research reserve (see- also 17, Middle Pacific (Cape hlendocino to the
Department of Commerce Regulations at Columbia River).
J 921.20). Costs related to land 18. Washington Coast (Columbia River to
15 CFR part 24 and OMB Circular A-110. acquisition, such as appraisals. legal Vancouver Island),
Copies of Circular A-110 can be fees and surveys, may also be used as 19. Puget Sound.
obtained from the Marine and Estuarine match.
Management Division; 1825 Connecticut (3) Operation and Management Great Lakes
Avenue, NW., Suite 714: Washington. Awards. Generally. cash and in kind 20. Western Lakes (Superior. Michigan,
DC 20235. The following may be used in contributions (directly benefiting and Huron).
satisfying the matching requirement: specifically identifiable to operations 21. Eastern Lakes (Ontario, Erie).
(1) Site Selection and Post Site and management), except land, are Fjo rd
Selection Awards. Cash and in-kind allowable. 22. Southern Alaska (Prince of Wales
contributions (value of goods and (4) Research, Monitoring, Education Island to Cook Inlet)'
services directly benefiting and and Interpretive Awards. Cash and in- 23. Aleutian Islands (Cook Inlet to Bristol
specifically identifiable to this part of kind contributions (directly benefiting Bay).
the project) are allowable. Land may not and specifically identifiable to the scope Sub-Arctic
be used as match. of work), except land, are allowable.
(2) Acquisition and Development 24. Northern Alaska (Bristol Bay to
Awards. Cash and in-kind contributions 921.82 Amendments to financial Demarcation Point).
are allowable. In general, the fair market assistance awards. Insular
value of lands to be included within the Actions requiring an amendment to 25. Hawaiian Islands.
research reserve boundaries and the financial assistance award, such as 26. Western Pacific Island.
acquired pursuant to the Acti with other a request for additional Federal funds, 27, Eastern Pacific Island.
than Federal funds, may be used as* revisions of the approved project budget
match. However, the fair market value Appendix H to Part 921-Typology of
of real property allowable as match is or onginal scope of work, or extension National Estuarine Research Reserves
of the performance period must be
limited to the fair market value of a real submitted to NOAA on Standard Form This typology system reflects significant
property interest equivalent to, or 424 and approved in writing. differences in estuarine characteristics that
required to attain, the level of control are not necessarily related to regional
over such land(s) identified by the state Appendix I to Part 921-Blogeographic location. The purpose of this type of
and approved by the Federal Classification Scheme classification is to maximize ecosystem
Government as that necessary for the Acadian variety in the selection of national estuarine
research reserves. Priority will be given to
protection and management of the 1. Northern Gulf of Maine (Eastport to the important ecosystem types as yet
national estuarine research reserve. Sheepscot RiveO. unrepresented in the reserve system. It
Appraisals must be performed accordin 2. Southern Gulf of Maine (Sheepscot River should be noted that any one site may
to Federal appraisal standards as to Cape Cod). represent several ecosystem types or
detailed in Department of Commerce Vir8inian physical characteristics.
regulations at 15 CFR part 24 and the
Uniform Relocation Assistance and Real 3. Southern New England (Cape Cod to Class I-Ecosystem Types
Property Acquisition for Federal and Sandy Hook). Group I-Shorelands
Federally Assisted Programs in 15 CFR 4. Middle Atlantic (Sandy Hook to Cape A.,%faritime rorest-tifoodland: This type of
part 11. The fair market value of Hatteras). ecosystem consists of single-stemmed species
privately donated land, at the time of 5. Chesapeake Bay. that have developed under the Influence of
donation. as established by an Carolinian salt spray. It can be found on coastal uplands
independent appraiser and certified by a 6. Northern Carolinas (Cape Hatteras to or recent features. such as barrier islands and
responsible official of the state Santee River). beaches, and may be divided into the
(pursuant to 15 CFR part 24). may also 7. South Atlantic (Santee River to St. John's following blames:
be used as match. Land, including ' River). 1. Northern Coniferous Forest Biorne: This
submerged lands already in the state's 8. East Florida (St. John's River to Cape is an area of predominantly evergreens such
V Canaveral). as the sitka spruce (Picea), grand fir (Ables),
possession, may be used as match to and white cedar (Thuia), with poor
establish a national estuarine research 14est Indian development of the shrub and herb layers.
reserve. The value of match for these 9. Caribbean (Cape Canaveral to Ft. but high annual productivity and pronounced
state lands will be calculated by Jefferson and south). seasonal periodicity.

29960 Federal Register / Vol. 55, No. 141 / Monday, July 23. 4990 / Rules and Regulations

2. Moist Temperate (Mesothermal) heath, shrubs, grasses, sedges, rushes, and E. Intertidal mud and Sand Flats: These
Coniferous Forest Biome: Found along the herbaceous and dwarf woody plants. areas are composed of unconsolidated, high
west coast of North America from California Common species include arctic/alpine plants organic content sediments that function as a
to Alaska, this area is dominated by conifers, such as Empetrum nigrum and BEtula nana, short-term storage area for nutrients and
has a relatively small seasonal range, high the lichens Cetrari and Cladonis, and organic carbons. Macrophytes are nearly
humidity with rainfall ranging from 30 to 150 herbaceous plants such as Polentilla absent In this ecosystem, although it may be
inches, and well developed understory of tridentata and Rubus chamaemorus. Common heavily colonized by benthic diatoms,
vegetation with an abundance of mosses and species on the coastal beach ridges of the dinoflagellats, filamentous blue-green and
other moisture-tolerent plants. high arctic desert include Dryse interrifulia green algae, and chemosynthetic purple
3. Temperate Deciduous Forest Biome: This and Saxifrage oppositifolia. This area can be sulfur bacteria. This system may support a
biome to characterized by abundant, evenly divided into two main subdivisions: considerable population of gastropods,
distributed rainfall, moderate temperatures 1. Low Tundra: characterized by a thick, bivalves, and polychaetes, and may serve as
which exhibit a distinct seasonal pattern, spongy mat of living and undecayed a feeding area for a variety of fish and
well developed soil biota and herb and shrub vegetation, often with water and dotted with wading birds. In sand, the dominant fauna
layers, and numerous plants which produce ponds when not frozen;: and include the wedge shell Donax, the scallop
pulpy fruits and nuts. A distant subdivision of 2. High Tundra: a bare area except for a Pecten, tellin shells Tellina, the heart urchan
this blame is the pine edaphic forest of the scanty growth of lichens and grasses, with Echinocardium the lug worm Arenicola, sand
southeastern coastal plain, in which only a underlying ice wedges forming raised dollar Dendraster, nnd the sea pansy Renilla.
small portion of the area is occupied by polygonal areas. In mud, faunal dominants adapted too low
climax vegetation, although it has large areas E. Coastal Cliffs: This ecosystem is an oxygen levels include the terebellid
covered by edaphic climax pines. important nesting site for many see and shore Amphitrite, the boring clam Playdon, tile
4. Broad-leaved Everqreen Subtropical birds. It consists of communities of deep sea scallop Placopecten, the quahog
Forest Biomes: The main characteristic of this herbaceaous, graminoid, or low wood plants Mercenaria, the echiurid worm Urochis, the
biome is high moisture with less pronounced (shrubs, health, etc.) on the top or along rocky mud snail Nassarius, and the sea cucumber
differences between winter and summer. faces exposed to sail spray. There Is a Thyone.
Examples are the hammocks of Florida and diversity of plant species including mosses, F. Intertidal Algal Beds: These are hard
the live oak forests of the Gulf and South lichens. liverworts, and "higher" plant substrates along the marine edge that are
Atlantic coasts. Floral dominants include representatives. dominated by macroscopic algae, usually
pines, magnolias, bays, hollies, wild
tamarind, strangler fig, gumbo limbo, and Group II-Transition Areas thalloid, but also filamentous or unicellular in
growth form. This also Includes the rocky
Palms. A. Coastal Marshes: These are wetland coast tidepocis that fall within the intertidal
B. Coast Shrublands: This is a transitional areas dominated by grasses Poacea), sedges zone. Dominant fauna of these areas are
area between the coastal grasslands and (Cyperaceae), rushes (Juncacaea), cattails barnacles, mussels, periwinkles, anemones,
woodlands and is characterized by woody (Typhaceae), and other graminoid species and chitons. Three regions are apparent:
species with multiple stems a few centimeters and is subject to periodic flooding by either 1. Northern Latitude Rocky Shores: It is it.
to several meters above the ground salt or freshwater. This ecosystem may be this region that the community structure is
developing under the influence of salt spray subdivided into: (a) Tidal, which Is best developed. The dominant algal species
and occasional sand burial. This includes periodically flooded by either salt or brackish include Chondrus at the low tide level, Furus
thickets, scrub, scrub savanna, healthlands, water; (b) non-tidal (freshwater); or (c) tidal and Ascophyllum at the mid-tidal level, and
and coastal chaparral. There is a great freshwater. These are essential habitats for Laminaria and other kelplike algae just
variety of shrubland vegetation exhibiting many important estaurine species of fish and beyond the intertidal, although they can be
regional specificity: invertebrates as well as shorebirds and exposed at extremely low tides or found in
1. Northern Areas: Characterized by waterfowl and serves important roles In very deep tidepools.
Hudsonia, various erinaceous species and shore stabilization, flood control, water 2. Southern Latitudes: The communities in
thickets of Myrica, Prurus, and Rosa. purification, and nutriet transport and
2.Southeast Areas: Floral Dominanis include storage. this region are reduced in comparison to
Myrica, Baccharis and LLex. B.Coastal Swamps: These are wet lowland those of the northern latitudes and possesses
3.Western Areas: Adenostoma, areas that support mosses and shrubs algea consisting mostly of single-celled or
Arcolyphylos and Eucalyptus are the together with large trees such as cypress or filamentous green, blue-green, and red algae,
dominant floral species. gum. and small thalloid brown algae.
C. Coastal Grasslands: This area, which C.Coastal Mangraves:This ecosystem 3. Tropical and Subtropical Latitudes: The
possesses sand dunes and ccestal flats, has experiences regular flooding on either a daily, intertidal in this region is very reduced and
low rainfall (10 to 30 inches per year) and monthly, or seasonal basis, has low wave contains numerous calcareous algae such as
large amounts of humus in the soil. Ecological action, and is dominated by a variety of salt- Porolithon and Lithothamnion, as well as
succession is slow, resulting in the presence tolerant trees, such as the red mangrove green algae with calcareous particles such as
of a number of serial stages of community (Rhizophora mangle), black mangrove Halimeda, and numerous other green, red,
development. Dominant vegetation includes (Avicennia nitida), and the white mangrove and brown algae.
mid-grasses (2 to 4 feet tall), such as (Laguncularia racemosa). It is also an
Ammophila, Agropyron, and Calamovilla, tall important habitat for large populations of Group III-Submerged Bottoms
grasses (5 to 8 feet tall), such as Spartina, and fish, invertebrates, and birds. This type of A. Subtidal Hardbottoms: This system is
trees such as the willow (Salix ep.), cherry ecosystem can be found from central Florida characterized by a consolidated layer of solid
(Prunus sp), and cottonwood (Populus to extreame south Texas to the islands of the rock or large pieces of rock (neither of biotic
delloides). This area is divided into four Western Pacific. origin) and is found in association with
regions with the following typical strand D.Intertidal Beaches: This ecosystem has geomorphological features such as submarine
vegetation: a distinct biota of microscopic animals, canyons and fjords and is usually covered
1. Arctic/Boreal: Elymus; bacteria, and unicellular algae along with with assemblages of sponges, sea fans,
2. Northeast/West: Ammophila; microscopic crustaceans, mollusks, and bivalves, hard corals, tunicales, and other
3. Southeast/Gulf: Uniola; and worms with a detritus-bases nutrient cycle. attached organisms. A significant feature of
4. Mid-Atlantic/Gulf: Spartina patens. This area also includes the driftline estuaries in many parts of the world is the
D.Coastal Tundra: This ecosystem, which communities found at high tide levels on the oyster reef, a type of subtidal hardbottom.
is found along the Artic and Boreal coasts of beach. The dominant organisms in this Composed of assemblages of organisms
North America, is characterized by low ecosystem include crustaceans such as the (usually bivalves), it is usually found near an
temperatures, a short growing season, and mole crab (Emerita), amphipods estuary's mouth in a zone of moderate wave
some permafrost, producing a low, treeless (Gammaridae), ghost crabs (Ocypode), and action, salt content, and turbidity. If light
mat community made up of mosses, lichens, byvalve mollusce such as the coquina (Donax) levels are sufficient, a covering of
and surf clams (spisula and Mactra). microscopic and attached macroscopic algae,
such as kelp, may also be found.

Federal Register Vol. 55. No. 141 Monday, July 23, 1990 Rules. and Regulations 29961

B. Subtidal Softbottoms: Major sea and without significant freshwater barrier Islands, broken at intervals by inlets.
characteristics or this ecosystem are an inflow. Water circulation Is limited, resulting These bars may be either deposited offshore
unconsolidated layer of fine particles of silt, in a poorly flushed. relatively stagnant body or may be coastal dunes that have become
sand. clay, and gravel, high hydrogen sulfide of water. Sedimentation is rapid with a great isolated by recent sea level rises.
levels, and anaerobic conditions often potential for basin shoaling. Shores are often 4. Tectonic Estuary. These are coastal
existing below the surface. Macrophyteq are gently sloping and marshy. indentures that have formed through tectonic.
either sparse or absent, although a layer of ". Perched Coastal Wetlands: Unique to processes such as slippage along a fault line
benthic microalgae may be present if light Pacific islands, this wetiand type, found (San Francisco Day). folding, or movement of
levels are sufficient. The faunal community is above sea level In volcanic crater remnants, the earth's bedrock, often with a large inflow
dominated by a diverse population or deposit forms as a result of poor drainage of freshwater.
feeders including polychaetes, bivalves, and characteristics of the crater rather than from S. Volcanic Estuary: These coastal bodies
burrowing crustaceans. sedimentation. Floral assemblages exhibit of open water', a result of volcanic pro Iceases,
C. Sublidal Plants: This system is found in distinct zonation while the faunal ere depressions or craters that have direct
relatively shallow water (less than 8 to to
constituents may Include freshwater, andlor subsurface connections with the
meters] below mean low tide. It is an area of brackish, and/or marine species. Example: ocean and may or may not have surface
extremely high primary production that Aunu'u Island, American Samoa. continuity With streams. These formations
provides food and refuge for a divi.rsity of S. Anchialine Systems: These small coastal are unique to island areas of volcanic origin.
faunal groups. especially juvenile and adult exposures of brackish water form in lava C. Inlet Type: Inlets In various forms are an
fish. and in some regions, manatees and sea depressions or elevated fossil reefs, have
turtles. Along the North Atlantic and Pacific integral part of the estuarine environment, as
only a subsurface connection to the ocean, they regulate, to a. certain extent. the velocity
coasts. the seagrass Zostera marina but show tidal fluctuations. Differing from
predominates. In the South Atlantic and Gulf true estuaries in having no surface continuity and magnitude of tidal exchange, the degree
coast areas. Thalassia and Diplanthera with streams or ocean, this system is of mixing, and volurne of discharge to the sea.
predominate. The grasses in both areas characterized by's distinct biotic community There are four major types. of inlets:
support a number of epiphytic organisms. dominated by benthic algae such as 1. Unrestricted- An estuary with a wide
Class 11-rhysical Characteristics Rhizoclonium, the mineral encrusting unre.stricted inlet typically has slow currents,
Schizothrix, and the vascular plant Ruppi no significant turbulence, and receive the full
Croup t-Geologic !_ effect of ocean waves and local disturbances
A. Basin Type. Coastal water basins occur maritime. Characteristic fauna, which exhibit which serve to modify the shoreline. These
in a variety of shapes, sizes, depths, and a high degree of endemicity, include the estuaries are partially mixed, as the open
mollusks Theodoxua neglectus and T.
appearances. The eight basic types discussed. rariosus, the small red shrimp Metabetaeus mouth permits the incursion of marine waters
below will cover most of,the cases: lohena and Halocarldina rubra, and the fish to considerable distances upstream,
1. Exposed Coask Solid rock formations or Eleotris sandwicensis and Kuhlia depending on thetidal amplitude and stream
heavy sand deposits characterize exposed sandvicensu& Although found throughout the gradient.
ocean shore fronts. which are subject to the 2. Restricted- Restrictions of estuaries can
full force of ocean atoms, The sand beaches world, the high Islands of the Pacific are the exist in many forma: bars, barrier Islands,
only areas within the U.S. where this system
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 B. Basin Struclure.,'Estuary Basins may in decreased circulation, more pronounced
damaged. The dunes serve as a sand storage result from the drowning of a river valley longitudinal and vertical salinity gradients,
area. making them chief stabilizers of the (coastal plains estuary), The drowning of a and more rapid sedimentii1ion. However. If
ocean shorefront. glacial valley (Ijord). the occurrence of an the estuary mouth Is restricted by .
i. Sheltered Coast.- Sand or coral barriers, offshore barrier (bar-bounded estuary), some depositional features or land closures. the
built up by natural forces. provide sheltered tectonic process (tectonic estuary), or incoming tide may be held back until it
areas inside a bar or reef where the volcanic activity (yolcanic estuary). suddenly breaks forth Into the basin as a,
ecosystem takes on many characteristics of 1. Coastal plains estuary.- Wher *a a tidal wave, or bore, Such currents exert
confined waters-abundant marine grasses, profound effects on the nature of the
shellfish. and juvenile fish. Water movement drowned valley consists mainly or a single substrate, turbidity, and biota of the estuary.
Is reduced. with the consequent effects of channel, the form of the basin is'lairly
pollution being more severe in this area than regular, forming a simple coastal plains 3.Termanent.- Permanent inlets are usually
in ex osed coastal areas. estuary. When's channel is flooded with opposite the mouths of major rivers and
p permit fiver water (a flow into the sea.
3. Bay: Bays are larger confined bodies of numerous tributaries, an irregular estuary
water that are open to the sea and receive results. Many estuaries of the'6astern'United Sedimentation and deposition are minimal.
strong tidal flow. When stratification is States are of this type. 4. Temporary (Intermittent): Temporary
pronounced, the flushing action is augmented 2. Fjord: Estuaries that form in elongated. inlets are formed by storms and frequently
by river discharge. Bays vary in size and in steep headlands that alternate with deep U- shirt position. depending on tidal now, the
typd of shorefront. shaped valleys resulting from glacial scouring depth of the sea and sound waters, the
4. Emboyment.- A confined coastal water are called fjords. They generally possess frequency of storms, and the amount of
body with narrow. restricted inlets and with rocky floors or very thin veneersf of sediment. littoral transport.
a significant freshwater inflow can be, with deposition generally being restricted to D. Bottom Composition: The bottom
classified as an embayment. These areas the head where the main river enters. composition of estuaries attests to the
have more restricted inlets than bays, are Compared to total fjord volume, river vigorous, rapid, and complex sedimentation
usually smaller and shallower, have low tidal discharge is small. But many'-r characteristic of most coastal,
lards have processes
action. and are subject to sedimentation. restricted tidal ranges aftheir mouths, due to regions with low relief. Sediments are
5. Tidal River.- The lower reach of a coastal sills., or upreaching sections of the bot 'tom derived through:the hydrologic processes of
river is referred to as a tidal river. The which limit free movement of water,-often erosion. transport, and deposition carried on
coastal water segment extends from the sea making river flow large with respect to the by the sea and. the stream.
or estuary into which tile river discharges to tidal prism. The deepest Portions are in the 1. Sand: Near estuary mouths, where the
a point as far upstream as there is significant upstream reaches, Where maximum depths predominating forces of the sea build spits or
salt content in the water, forming a salt front. can range from 800 m to 1200 m. while sill other depositional features, the shores and
A combination of tidal action and freshwater depths usually range from 40 in to i5O m. substrates of the estuary are sandy. The
outflow makes tidal rivers well-flushed. The 3. Bar-boundedEst&ory. These result from bottom sectiments'sn this area are usually
tidal riveL' basin may be a simple,channel or a the deve 'lopment of an offshore barrier, such coarse, with a graduation toward finer
complex of tributaries, small associated as a beach strand, a line of barrier islands, particles in the head of the estuary. In the',
embayments matshfronts, tidal flats, and a reef formations, a line of moraine debris. or head region and other zones of reduced flow,
variety of others. the subsiding remnants of a deltaic lobe. The fine silty sands are deposited. Sand
6. Lagoon: Lagoons are confined coastal basin is often partially exposed at low tide deposition occurs only In wider or deeper
bodies oflivater with restricted inlets to the and is enclosed by,a chain,of offshore bars or regions where velocity is reduced.

29962 Federal Register / Vol. 55, No. 141 1 Monday, July 23.11990 / Rules and Regulations

2. Mud. At the base level of a stream near freshwater influx and a lack of strong tidal respect to the soil, is subject to considerable
its mouth, the bottom Is typically composed exchange because of the typically narrow fluctuation.
of loose muds. silt, and organic detritus as a inlet connecting the lagoon to the sea. b. Croundwater This is water contained in
result of erosion and transport from the upper Circulation. whose major driving force Is the rocks below the water table. Is usually of
stream reaches and organic decomposition. wind, Is the major limiting factor In biologiral more uniform volume then vadose wafer, and
Just Inside the estuary entrance. the bottom productivity within lagoons. generally follows the topographic relief of the
contains considerable quantities of #and and B. Tides. This is the most important I nd, being high below hills and sloping Into
mud, which support a rich fauna. Mud flats, ecological factor In an estuary, as it affects 118.111eys.
commonly built up In estuarine basins, are water exchange and Its vertical range
composed of loose, coarse, and fine mud and determines the extent of tidal flats which Group 111--Chemical
sand, often dividing the original channel, may be exposed and submerged with each A. Salinity: This reflects a complex mixim-a
3. Rock- Rocks usually occur In areas tidal cycle. Tidal action against the volume of of salts, the most abundant being sodium
whem the stream runs rapidly over a steep river water discharged Into an estuary results chloride. and is a very critical factor In The
gradient with its coarse materials being In a complex system whose properties vary distribution and maintenance of many
derived from the higher elevations where the according to estuary structure as welt as the estuarine organisms. Based on salinity. there
stream slope is greater. The larger fragments magnitude of river flow and tidal range. Tides are two basic estuarine types and eight
are usually found in shallow areas near the are usually described in terms of their cycle different salinity zones (expressed in parta
stream mouth. and their relative heights. In the United per thousand-ppt).
4. Oyster shell. Throughout a major portion States. tide height Is reckoned on the basis of 1. Positive estuarr. This is an estuary in
of the world, the oyster reef is one of the average low tide, which to referred to as which the freshwater influx is sufficient to
most significant features of estuaries, usually datum. The tides. although complex, falls Into maintain mixing, resulting In a pattern of
being found near the mouth of the estuary in three main categories:
a zone of moderate wave action, salt content. Increasing salinity toward the estuary mouth.
1. Diurnal. This refers to a daily change In It is characterized by low oxygen
and turbidity. It Is often a major factor in water level that can be observed along the
modifying estuarine current systems and shoreline. TheTe Is one high tide and one low concentration In the deeper waters and
sedimentadon, and may occur as an tide per day. considerable organic content In bottom
elongated Island or peninsula oriented across 2. Semidiurnal. This refers to a twice daily sediments.
the main current, or may develop parallel to rise and fall In water that can be observed 2. Negative estuary- This Is found In
the direction of the current. along the shoreline. particularly and regions, where estuary
Group 11-Hydrographic 3. Wind/Storm Tides: This refers to evaporation may exceed freshwater in 'flow,
A. Circulation.- Circulation patterns are the fluctuations In water elevation to wind and resulting In Increased salinity In the upper
result of the combined influences of storni events, where influence of lunar tides part of the basin, especially if the estuary
freshwater flow, tidal action, wind and is less. mouth Is restricted so that tidal flow is
oceanic forces. and serve many functions: Q Freshwater- According to nearly all the inhibited. These are typically very salty
nutrient transpoM plankton dispersal, definitions advanced, it Is inherent that all (hyperhaline). moderately oxygenated at
ecosystem flushing, salinity control, water estuaries need freshwater, which Is drained depth, and possess bottom sediments that are
mixing, and more, from the land and measurably dilutes poor In organic content.
1. Stratified, Ibis is typical of estuaries sedwater to create a brackish condition. 3. Salinity zones texpressed in ppt).'
with a strong freshwater influx and is Freshwater enters an estuary as runoff from a. tlyperhaline--greater than 40 ppt.
commonly found In bays formed from the land either from a surface and/or b. Euhallne-10 ppt to 30 pPt.
"drowned" river valleys, fjords, and other subsurface source. c. Mixohaline: 30 ppt to 0.5 ppt.
deep basins, There Is a net movement of 1. Surface water This Is water flowing over (1) Mixoeuhaline-greater than 30 ppl but
freshwater outward at the top layer and the ground in the form of streams. Local less than the adjacent euhaline sea.
saltwater at the bottom layer, resulting In a variation In runoff Is dependent upon the (2) Polyhaline--30 ppt to 18 ppt.
net outward transport of surface organisms nature of the soil (porosity and solubility), (3) Mesohaline-18 ppt to 5 ppt
and net Inward transport of bottom degree of surface slope, vegetational type and (4) Oliguhaline--5 ppt to 0.5 ppt.
organisms. development, local climatic conditions, and d. Umnefic: Less than 0.5 ppt.
2. Non-stratified. Estuaries of th;s type are volume and intensity of precipitation. B. pH Regime: This is Indicative of the
found where water movement is sluggish and 2. Subsurface water. This refers to the mineral richness of estuarine waters and fall
flushing rate is low, although there may be precipitation that has been absorbed by the Into three main categories:
sufficient circulation to provide the basis for soil and stored below the surface. The 1. Actd: Waters with a pH of less than 5.5.
a high carrying capacity. This Is common to distribution of subsurface water depends on 2. Circumneutral: A condition where the pl I
shallow embayments and bays lacking a local climate, topography, and the porosity ranges from 5.5 to 7.4.
good supply of freshwater from land and permeability of the underlying soils and 3. Alkaline: Waters with a p1l greater than
diainage. rocks. There are two main subtypes of 7.4.
3. Lagoonai.- An estuary of this type Is surface water:
characterized by low rates of water a. Vadose tvatei- This is water In the soil lFR Doc. 90-16511 Filed 7-20-90; 8:45 aml
movemcnt resulting from a lack of significant above the water table, its volume w! Ih BILLING CODE 35104"

APPENDIX E

Memoranda of Understanding

APPENDIX E-1

Memorandum of Understanding
NOAA and the State of North Carolina

TV k

MEMORANDUM OF UNDERSTANDING
BET14EEN
THE STATE OF NORTH CAROLINA OCT go
AND
THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
CONCERNING THE
ESTABLISHMENT AND ADMINISTRATION OF
THE NORTH CAROLINA NATIONAL ESTUARINE SANCTUARY

WHEREASP the State of North Carolina has determined that the waters
and surrounding coastal habitats of the Zeke's Island, Masonboro Island,
Rachel Carson, and Currituck Banks components provide unique opportunities
for study of natural and human processes occurring within the estuarine
ecosystems of the State and for increased public awareness and understanding
of such systems, their natural values and benefits to society, and their
susceptibility to degradation through natural phenomena and man's activities;
and

WHEREAS, the Natural Oceanic and Atmospheric Administration (NOAA),
U. S. Department of Commerce has concurred with that finding and pursuant
to its authority under Section 315 of the Coastal Zone Management Act of
1972, as amended (CZMA), P.L. 92-583, 16 U.S.C. 1461, and in accordance
with implementing regulations at 15 CFR 921.30, may designate these
components as a National Estuarine Sanctuary; and

WHEREAS, the Governor of the State of North Carolina has designated
the Division of Coastal Management (DCM) to act on behalf of the State
in matters concerning the North Carolina National Estuarine Sanctuary
(NCNES), the boundaries of which are delineated in the proposed Sanctuary
Management Plan (Plan); and

WHEREAS, the DCM, as the agency designated in the Plan and by the
State of North Carolina responsible for managing the NCNES, acknowledges
the need and requirement for continuing State-Federal cooperation in the
long-term management of the sites in a manner consistent with the purposes
originally sought through their designation.

NOW, THEREFORE, in consideration of the mutual covenants contained
herein it is agreed by and between the DCM and MOAA -- effective immediately
for Sanctuary Components at Currituck Banks, Rachel Carson, and Zeke's
Island, and in the case of Masonboro Island, on the date of its designation
as a component of the NCNES -- as follows:

ARTICLE I: State-Federal Roles in Sanctuary Management

A. The DCM, as the principal contact for the State of North Carolina
in all matters con6erning the NCNES, will serve to ensure that the
Sanctuary is managed in a manner consistent with the goals of the National
Estuarine Sanctuary Program and the management objectives of the Plan.
Its responsibilities for Plan implementation will include the following:
(1) Effect and maintain a process for coordinating the roles and
responsibilities of all State agencies involved in the management of the
Sanctuary, including but not limited to:

(a) Enforcement programs regulating water quality, fish and
wildlife habitat pr 'otection,,sport and commercial fisheries,
and non-consumptive recreational activities;-

@W, The administration of facilities,.pr.ograms, and tasks
related to Sanctuary management;
W Activities and',programs conducted.pursuant to the State's
Federally-approved.coastal management program authorized
under Section 306 of the CZ,MA;.4nd

(d) Research agenda developed and imp lemented in accordance with
corresponding eleme.nts,of,tbe proposed Plan;

(2) As the-Governorts designee under 15 CFR 921.50,and recipient
State entity in matters,.concerning all financial assistance awards authorized
under Section 315 of the CZMA, apply for, budget, and allocate,@such funds
received for supplemental acquisition and development, operation and management,
and research;.

(3) Prepare,and submit to NOAA for its,approval an operational strategy
which in coordination with the Plan describes,how the State of North Carolina
intends to.meet its.long-term commitment to2the management pf*the Sanctuary..
The strategy, at a minimum will describe the following:

(a) Specific mediation procedures and resolution mechanisms,
developedl,, jointly with the Sanctuary Programs Division
(SPD) within,the Office of Ocean and.Coastal,I-Resqurce Management.
(OCRM), for.reac,hing.m@itually.,acceptable solutions for
Correcting or avoiding conflicts requiring action under 15
CFR 921.35;

The procedures, developed in accordance with SPD guidelines
and proposed by the,State as a means for.prescribing contingency
responses to emergency conditions that exceed routine,Plan
implementation; and

(c) The Plan's Continuing function, a'f ter Federal financial
assistance for operations and management ends, as a vehicle
for carrying out the mission of the national program; i.e.,
(i) how the State intends to coordinate Sanctuary management
with its coastal resource management decisionmaking process;
(ii) the anticipated work program, priorities, and sources
of funding for ensuring the continued.maintenance oUthe
Sanctuary; and (iii) the means relied upon by th e State to
assure NOAA that real property acquired with Federal funds
for.the purposes of the Sanctuary will continue to be used
in a,manner, consistent withA5 CFR 921.21(e);
(4) Serve as principal negotiator..on iss ues involving proposed boundary
changes and/or amendments,to, the,Plan;

(5) Submit annual reports to NOAA on the Sanctuary describing, in
accordance.with 15 CFR..921.34, program performance in Plan implementation

and a detailed work program for the following year of Sanctuary operations,
including budget projections and research efforts;
(6) Respond to NOAA's requests for information and to evaluation
findings made pursuant to Section 312 of the CZMA; and
(7) In the event that it should become necessary, based'on find-
ings of deficiency, serve"as the point-of-dontact for the State or
North Carolina in actions involving the possible withdrawal of Sanctuary
designation, as provided at 15 CFR 921.35, the SPD within NOAA will
serve to administer the provisions of Section 315 of the CZMA to ensure
that the NCNES is managed in accordance with the goals of the National
Estuarine Sanctuary Program and the Plan.

B. In carrying out its responsibilities, the SPD will:

(1) Subject to appropriation, provide financial assistance to the
State, consistent with 15 CFR 921 Subparts D, E, and F, for managing and
operating the Sanctuary;

(2) Serve as the point-of-contact for NOAA in discussions regarding
applications for and any financial assistance received by the State
under Section 315 of the CZMA, including any and all performance standards,
compliance schedules, or Special Award Conditions deemed appropriate by
NOAA to ensure the timely and proper execution of the proposed work
program;

(3) Participate in periodic evaluations scheduled by OCRM in
accordance with Section 312 of the CZMA to measure the State's performance
in implementing the'Plan and conditions of the award or complying with
the Sanctuary designation and, where required, advise the appropriate
OCRM staff of existing or emerging Sanctuary issues which might affect
the State's coastal management program; and

(4) Establish an information transfer/exchange network cataloging
all available research data and educational material developed on each
site included within the national system of estuarine.sanctuaries.

ARTICLE II: Real Property acquired for the purposes of the Sanctuarx

A. The NCNES agrees to the conditions set forth at 15 CFR. 921.21(e)
which specify the legal documentation reqirements concerning the use and
disposition of real property acquired for Sanctuary purposes with Federal
funds under Section 315 of the CZMA.

ARTICLE III: Program Evaluation

A. During the period that Fed eral financial assistance is available
for Sanctuary operations and management, the OCRM will schedule, pursuant to
15 CFR 921.34, periodic evaluations of the State's performance in meeting
the conditions of such awards and progress in implementing the Plan and
the provisions,of this MOU. Where findings of deficiency occur, NOAA
may initiate action in accordance with the procedures established at 15
CFR 921.35.

B. After Federal financial assistance under Section 315 of the
CZMA is no longer availabld for the operation and management of the Sanctuary,

the OCRM will continue to evaluate, pursuant to Section 312 of the CZMA and
the corresponding provisions of 15 CFR 921, the DCM's performance in implementing
the Plan and strategy committing the State to the long-term management of
the NCNES. Where findings of deficiency occur, NOAA may initiate action in
accordance with the procedures established at 15 CFR 921.35.

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

D#id W. Owens, Director S. Thomas Rhodes, Secretary
Division of Coastal Management North Carolina Department of
Natural Resources and Community Natural Resources and Community
Development Development
State of North Carolina State of North Carolina

X
4@/ ev
Date gate

A,-
/v
Dr. 14ancy ster, Chief ter L. Tweedt, Directort/i/
Sanctu rograms Division Office of Ocean and Coastal
Offic Ocean and Coastal Resources Minagement
Resources Management National Oceanic and Atmospheric
National Oceanic and Atmospheric Administration
Administration U. S. Department of Commerce
U. S. Department of Commerce

ze4,
Date' Date
@n
u @cy
r
f Oc

APPENDIX E.2

Memorandum of Understanding
Duke University Marine Laboratory and Division of Coastal Management

MEMORANDUM OF UNDERSTANDING

This memorandum serves as an expression of intent between the North
Carolina Department of Natural Resources and Community Development/Division
of Coastal Management and the Duke University Marine Laboratory.

Witnesseth

WHEREAS, the State of North Carolina has received a grant from the United
States Department of Commerce for acquisition and development of four sites on
the North Carolina coast as the North Carolina National Estuarine Sanctuary, and

WHEREAS, theRachel Carson Component of the North Carolina National
Estuarine Sanctuary has been established on the Carrot Island-Bird Shoal
complex opposite Beaufort, N. C., and

WHEREAS, the Department of Natural Resources and Community Development
is responsible for developing a program to promote and encourage the use of
this and other sanctuary sites for research and education, and

WHEREAS, the Marine Laboratory has used the site for decades in their
research and educational programs and has faculty members serving on the
State and Local Estuarine Sanctuary Advisory Committees, and

WHEREAS, a coordinated effort to provide and promote research and
educational use of the Rachel Carson Component will be to the mutual benefit
of both parties,

NOW THEREFORE, in consideration of the mutual benefits to be de'rived,
,the Signatories agree to the following:

1. The purpose of the Estuarine Sanctuary Program is the protection of
lands for use as natural field laboratories and living classrooms in
which to gather data and educate the people of North Carolina concerning
natural and human processes occurring within North Carolina's estuaries.

2. The Sanctuary Management Plan for the Rachel Carson Component will
provide a framework for conducting research and educational. programs
on the Sanctuary site. The Management Plan has been developed by the
Estuarine Sanctuary staff and will be periodically reviewed by the
State and Local Advisory Committees and concerned citizens and users
of the Sanctuary.

3. The Signatories will adhere to the approved Management Plan in their
research and educational activities within the Sanctuary.

4. The Marine Laboratory shall be fully and regularly consulted by the
Sanctuary staff regarding research and educational opportunities and
information as well as management policies pertaining to the Sanctuary.

5. Educational programs led by the Marine Laboratory's staff will stay
within the area of the site designated for public access and shall
not in any way interfere with research projects. However, specific
visits to research sites may be accommodated by prior consultation and
approval of the researcher(s) and the Estuarine Sanctuary Coordinator.

6. The staff of Marine Laboratory shall keep a log of their visitation
to the site. These records will be filed periodically with the
Sanctuary Coordinator. The Marine Laboratory staff will further notify
the Sanctuary Coordinator as necessary of signs of overuse, vandalism,
or other damage or deterioration.

Signed,

DUKE UNIVERSITY

Date

H. Keith H. Brodie, President

NORTH CAROLINA DEPARTMENT O@
NATURAL RESOURCES AND C%ff4UNITY
DEVELOPMENT

Date

T
Thomas Rhodes, Secretary
homas Rhodes, Secret

APPENDIX E.3

Memorandum of Understanding
Division of Marine Fisheries and Division of Coastal Management

MEMORANDUM OF UNDERSTANDING

This memorandum serves as an expression of intent
between the Division of Marine Fisheries and the Division
of Coastal Management within the North Carolina Department
of Natural Resources and Community Development.

WITNESSETH

WHEREAS, the@State of North Carolina has recieved a
grant from the United States Department of Commerce for
acquisition and development of four components on the North
Carolina coast (see Appendix A) as the North Carolina Estuarine
Sanctuary, and

WHEREAS, the Division of Coastal Management is responsible
for developing programs to promote research, education, and
compatible traditional uses of the sites by-coordination with
other State agencies,.and

WHEREAS, the Division of Marine Fisheries has shown
support of the sanctuary program by their representation on
local and State Sanctuary Advisory Committees, and

WHEREAS,, the Division of Marine Fisheries has the
responsibility to regulate the taking of,fish and shellfish
within the marine and estuarine waters'of the State, and

WHEREAS, Marine Fisheries Inspectors are given Jurisdiction
over all offenses involving property-owned, leased to, or
managed by the Department, in,connection with the conservation
of marine and estuarine resources by General Statute 1.13-136(b),
and,

WHEREAS, a coordinated effort of site surveillance and
enforcement of Marine Fisheries regulations and other rules
and regulations as applicable to the North Carolina Estuarine
Sanctuary will be to the mutual benefit of both Divisions,

NOW THEREFORE, in consideration of the mutual benefits to
be derived, the signatories agree to the following:

1. The purpose of the estuarine sanctuary program is the
protection of lands and waters for use as natural field
laboratories and living classrooms in which to gather
data and educate the public concerning North Carolina's
estuaries.

2. The Sanctuary Management Plan provides a framework for
conducting research and educational programs on the
components. The plan has been developed by the estuarine
sanctuary staff and will be periodically reviewed by the
State and'Local Advisory Committees and concerned citizens
and users of the sanctuary components.

3. The Management Plan includes policies on sanctuary
use, surveillance, and enforcement. The policies
pertaining to traditional and commercial fishing
shall be in accordance with statutes (GS 113-182 and
GS 143B-286),, established by the Marine Fisheries
Commission for the taking of fish and shellfish in
.,the marine and estuarine waters of North Carolina.

4. Marine Fisheries Inspectors will routinely patrol the
Sanctuary components under their jurisdictions. The
Estuarine Sanctuary Coordinator will periodically
contact the officers to discuss any significant
problems associated with fishing or other uses of the
sites.

5. The Division of Coastal Management may request the
Division of Marine Fishories'to change the patterns of
use within a site (e.g., establish a Research Sanctuary
area within a sanctuary component) if necessary for
research purposes or protection of natural resources.

6. The Estuarine Sanctuary Coordinator'or his representative
may request assistance from Marine Fisheries Law
Enforcement personnel in.matters where service of legal
papers or arrests are anticipated because of violations
of laws or regulations pertaining,to use of sanctuary
components (1:5'NCAC 70 .0202).

Signed,

DEPARTMENT OF NATURAL E U ES
AND COMMUNITY D M
Date- 4@ 7 IrZ
S. Thomas Rhodes, Secre

DIVISION OF MARINE FISHERIES

Date'
ze Z'e@
Dr. William T. Hogarth, Director

DIVISION OF COASTAL MANAGEMENT

[0 ... ......
Date
t A/ id W. Owens, Diredtor
EPARTMENT OF NATURAL OU
_@ND C UN TY D T
s' S
-OMM I
S.
Thomas Rhode ecret y

Gates 0a, CURRITUCK BANKS SITE

Herifo

Bertie Kitty Hawk
Tyrrell Manteo
1.;17@ashingto-@ Dare

A@
7

Beaufort
Hyde

Cape Hatteras
< C ra,,e n

'Pamlico

ret
onslow Ole,
RACHEL CARSON SITE (CARROT ISLAND)

Pander Cape Lookout

Wilmi ton..
7
Wrightsville Beach
MASONBORO ISLAND SITE (proposed)
r) Brunswick
Southport Carolina Beach
ZEKE'S ISLAND SITE
Cape Fear

SCALE: V' 19 miles (approx.)

APPEND.IX -A COMPONENTS OF THE NORTH CAROLINA
NATIONAL ESTUARINE SANCTUARY

APPENDIX E.4

Memorandum of Understanding
North Carolina Maritime Museum and Division of Coastal Management

@ 1

MEMORANDUM OF UNDERSTANDING

This memorandum serves as an expression of intent between the North Carolina
Department of Natural Resources and Community Development/Division of Coastal
Management and the North Carolina Department of Agriculture/North Carolina
Maritime Museum.

WITNESSETH

WHEREAS, the Rachel Carson Component of the North Carolina National
Estuarine Sanctuary has been established on the Carrot Island-Bird Shoal
complex opposite Beaufort, N.C., and

WHEREAS, the Department of Agriculture operates the North Carolina Maritime
Museum in Beaufort for the purpose of providing public education on estuarine
and marine resources, and

WHEREAS, a coordinated effort to provide and promote public educational
use of the Rachel Carson Component of the Sanctuary will be to the mutual
benefit of both Departments,

NOW THEREFORE, in consideration of the mutual benefits to be derived, the
Signatories agree to the following:

1. The purpose of the estuarine sanctuary program is the protection of
lands for use as natural field laboratories and living classrooms in
which to gather data and educate the people of North Carolina concerning
natural and human processes occurring within North Carolina's estuaries.

2. The Sanctuary Management Plan for the Rachel Carson Component will
provide a framework for conducting research and educational programs
on the sanctuary site. The management plan has been developed by the
estuarine sanctuary staff and will be periodically reviewed by the
Local and State Advisory Committees and concerned citizens and users
of the Sanctuary.

3. The Signatories will adhere to the approved management plan in their
on-site and off-site educational activities within the Sanctuary.

4. The North Carolina Maritime Museum shall be fully and regularly
consulted by the sanctuary staff regarding educational opportunities
and policies on the sanctuary site.

5. The staff of the Museum will continue existing on-site and off-site
educational programs for the Sanctuary. The estuarine sanctuary
staff will work with the Museum. staff to expand these on-site
programs and to develop off-site educational programs and materials
(e.g., slide shows, exhibits, brochures) specifically for this site.

6. On-site educational programs led by the Museum's staff will stay within
the area of the site'designated for public access and shall not in
any way interfere with research projects. However, specific visits
.to research sites may be accommodated by prior consultation and
approvzl.of the researcher(s) and the Estuarine Sanctuary Coordinator.

7. The staff of the North Carolina National Estuarine Sanctuary shall
provide the Museum staff with periodic updates on the research and
educational information available from the sanctuary sites as well
as other sanctuary programs which might be applicable to the Museum's
educational programs.

8. The staff of the Museum shall keep a log of their visitation to the
site. These records will be filed periodically with the Sanctuary
Coordinator. They will further notify the Coordinator as necessary
of signs of overuse, vandalism, or other damage or deterioration.

Signed,

DEPARTMENT OF AGRICULTURE

DATE
es Graham, Zommissioner

NORTH CAROLINA MARITIME MUSEUM

DATE
'Charles R. McNeill

DEPARTMENT OF NATURAL RESOURCES AND
COMMUNITY DEVELOPMENT

DATE
S. Thomas Rhodes, Secretary

DIVISION OF COASTAL MANAGEMENT

DATE
DAid W. Owens, Director

APPENDIX E.5

Memorandum of Understanding
Division of Parks and Recreation and Division, of Coastal Management

MEMORANDUM OF UNDERSTANDING

This memorandum serves as an expression of intent between the
Division of Coastal Management and the Division of Parks and Recreation
within the North Carolina Department of Natural Resources and Community
Development.

WITNESSETH

WHEREAS, the State of North Carolina has received a grant from the
United States Department of Commerce for acquisition and development of
four sites on the coast of North Carolina as the North Carolina National
Estuarine Sanctuary, and

WHEREASP the Zeke's Island Component of the Sanctuary has been
established (see Appendix A) south of Fort Fisher, NC., and

WHEREAS, the Division of Coastal Management is responsible for
developing programs to promote research, education, and traditional uses
of the site by coordination with other state agencies, and

WHEREAS, the Division of Parks and Recreation manages adjacent state-
owned lands comprising the Fort Fisher Management Area, and

WHEREAS, a coordinated effort to manage the Zeke's Island Component
will be to the mutual benefit of both Divisions.

NOW THEREFORE, in consideration of the mutual...benefits to be derived,
the signatories agree to the following:

The purpose of the estuarine sanctuary program is the protection
of lands for use as natural field laboratories and living class-
rooms in which to gather date and educate the public concerning
North Carolina's estuaries.

2. The Sanctuary Management Plan provides a framework,for conducting
research and educational programs on the sanctuary site. The
management plan has been developed by the estuarine sanctuary
staff and will be periodically reviewed by the Local Advisory
Committee and concerned citizens and users of the Sanctuary.

3. The Division of Parks and Recreation ranger stationed out of
Carolina Beach State Park, will provide reconnaissance of the
Zeke's Island component on a random basis during the weekly
patrol of Baldhead Island. Obvious violations or pertinent
management plan regulations will be enforced where practicable.
Observed violations which cannot be easily enforced will be
reported to other enforcement agencies and/or to the Sanctuary
Coordinator. Daily patrol of the barrier spit will be maintained.

4. The Sanctuary Coordinator shall assist the Ranger thru administrative
channels (e.g., the Attorney General's Office) with any management
issues pertaining to the Component.

5. The Ranger and the Sanctuary Coordinator will regularly discuss
the various visitor use issues concerning the Component.

This memorandum.may be amended to include other cooperative
management efforts by the two Divisions.

Signed,

DEPARTMENT OF NATURAL RESOURCES
AND COMMUNITY DEVELOPMENT

Date
ZL-! eLy--:! -J-
Thomas Rhodes, Secretary,

DIVISION OF PARKS AND RECREATION

Date-
William W. Davis, Director

DIVISION OF COASTAL MANAGEMENT

Date-
DAvid W. Owens, Director

0
0 . . ......... ....

., .... ......
N.C. DOT Fer . . . . . . . . . . . .. . . . . .
'N arine Resources
Wildlife Resources Commission enter
... .. ..
Boat Ramp

q
<
The@ Basin

Is
.. ......... ....
-7- MA 311
K
ISLAND

-'-*-.-"--,.-* . . . . . . . . . . . . . . . ......

A-
410

4( ;. . . . . .
N 0 N A M E
ISLAND...-

V)LAND
SANCTUARY BOUNDARY

SCA L E: 12400'

NEWINLET

APPENDIX A PHYFI07,RAPHIC FEATURES OF THE ZEKE'S ISLANID SITE

APPENDIX E.6

Memorandum of Understanding
Office of Marine Affairs and Division of Coastal Management

MEMORANDUM OF UNDERSTANDING

This memorandum serves as an expression of intent between the North
Carolina Department of Natural Resources and Community Development/Office
of Coastal Management and the North Carolina Department of Administration/
Office of Marine Affairs.

WITNESSETH

WHEREAS, the State of North Carolina has received a grant from the
United States Department of Commerce for acquisition and development of
sites on the North Carolina Coast (see Appendix A) as the North Carolina
National Estuarine Sanctuary (the Sanctuary), and

WHEREAS, the purpose of such a grant is to create new opportunities
forcoordinated North Carolina estuarine research and public education
(the Program), and

WHEREAS, such a program has wide public support, and

WHEREAS, the signatories have already evidenced support for the
program since its inception in 1982 by scheduling public field trips
to the Zeke's Island, Masonboro Island, Rachel Carson, and Currituck Banks
components, and by providing use of the Marine Resources Center facilities for
meetings concerning the Sanctuary,

NOW THEREFORE, in consideration of the mutual benefits to be derived
from implementing this program, the signatories agree to the following:

1. The Aites shown in Appendix A are hereby designated as the
North Carolina National Estuarine Sanctuary.

2. The Sanctuary has a Management Plan which provides a framework for
conducting research and educational programs. The Management Plan, (the Plan)
is being developed by the Estuarine Sanctuary Staff and reviewed by the Local
and State Advisory Committees (including representatives from the Office of
Marine Affairs).

3. The Office of Marine Affairs shall be represented on each of the
Sanctuary Advisory Committees.

4. The purpose of the Program is the protection of such lands for
use as a natural field laboratory and living classrooms in which to gather
data and educate the people of North Carolina concerning natural and human
processes occurring within North Carolina's coastal i�stuaries.

5. The Signatories will adhere to the Management Plan in their on-site
and off-site educational activities within the Sanctuary System.

6. The staff of the Marine Resources Center (the Center) will continue
existing on-site and off-site educational programs for the Sanctuary sites. The
Estuarine Sanctuary staff will work with the Center staff to expand these
on-site programs and to develop off-site educational programs (e.g., slide shows,
exhibits, brochures) specifically for the Sanctuary.

7. On-site educational programs led by the Centers' staff will stay
within the areas of the site(s) designated for public access, and shall not in
any way interfere with research projects. However, specific visits to research
sites may be accomodated by prior consultation and approval of the researcher(s)
and the Sanctuary Coordinator.

8. The staff of the North Carolina National Estuarine Sanctuary shall
provide the Centers' staff with periodic updates on the research and educational
information 'available from the Sanctuary sites as well as other Sanctuary Programs,
which might be applicable to the Center's educational programs.

9. The staff of the Marine Resources Centers shall keep a log of their
visitation at each site. These records will be filed periodically with the
Sanctuary Coordinator. They will notify the Coordinator as necessary of signs
of overuse, vandalism, or other damage or deterioration so that these may be
attended to.

10. This Memorandum of Understanding shall continue in effect in
perpetuity. In the event either signatory should desire to amend this
Memorandum both signatories shall meet and discuss the effects of such amendments
on both the Sanctuary and the staffs of the respective agencies.

When the signatories agree upon a mutually satisfactory alternative.that
enhances or at least preserves the research and education values and the
integrity, of the Sanctuary and its component sites this Memorandum will be
suitably amended and signed.

Signed,

DEPARTMENT OF ADMINISTRATION
Date 4(Lu@@-
e Smith Patterson, Secretary

OF ICE OF I IN
Date &;@40ZF-31
J. C. o(!s),Di

DEPARTMENT OF NATURAL RESOURCES
AND COMMUNITY DEVELOP NT

Date
jplle @ A. Summers, Secretary

OFFICE OF COASTAL MANAGEMENT
Date Wt Aoe-v
DaVld,W. Owens, Director"
E 44
+C . *oD i r@pr

Gates CIO
CURRITUCK BANKS SITE

Hertford

1>
Bertie Kitty Hawk

Manteo
I.;-7washington, )Tyrrell are

Beaufort
Hyde

Cape Hatteras
Craven IN.
N.. Pamlico 10,

Onsiow
RACHEL CARSON SITE (CARROT ISLAND)

Pander Cape Lookout

Wilr@' ton.,,..,,-.

Wrightsville Beach
MA SONBORO ISLAND SITE (proposed)
Brunswick
Southport Carolina Beach
ZEKE'S ISLAND SITE
Cape Fear

SCALE: 1 19 miles (approx.)

APPEND.IX A COMPONENTS OF THE NORTH CAROLINA
NATIONAL ESTUARINE SANCTUARY

APPENDIX E.7,

Memorandum of Understanding
State Museum of Natural History and DiVision of Coastal Management

MEMORANDUM OF UNDERSTANDING

WITNESSETH

WHEREAS, the State of North Carolina has received a grant from the
United States Department of Commerce for acquisition and development of
four sites (see Appendix A) on the North Carolina coast as the North
Carolina National Estuarine Sanctuary, and

WHEREAS, the Department of Natural Resources and Community Development
is responsible for developing a program to promote and encourage the use
of these sites for public education, and

WHEREAS, the Museum has established natural science education and
faunal research programs., and

WHEREAS, acoordinated effort to provide and promote public educational
and scientific use of the Sanctuary will be to the mutual benefit of
both Departments,

NOW THEREFORE, in consideration of the mutual benefits to be derived,
the signatories agree to the following:

1. The purpose of the estuarine sanctuary program is the protection
of lands for use as natural field laboratories and living
classrooms in which to gather data and educate the public concerning
North Carolina's estuaries.

2. The Sanctuary Management Plan provides a framework for conducting
research and educational programs on the sanctuary sites. The
management plan has been developed by the estuarine sanctuary
staff and will be periodically reviewed by the Local and State
Advisory Committees and concerned citizens and users of the
Sanctuary.

3. The Signatories will adhere to the approved management plan in
their research activities and on-site and off-site educational
programs involving the Sanctuary.

@4. The State Museum of Natural History will be fully and regularly
consulted by the sanctuary staff regarding research and educational
opportunities and policies of the Sanctuary.

5. The estuarine sanctuary staff will work with the Museum staff
to develop off-site educational programs and materials.(e.g.,
slide shows, exhibits, brochures) specifically for the sites.

6. On-site educational programs led by the Museum staff will stay
within the area of the sites designated for public access and
will not in any way interfere with research projects. However,
specific visits to research sites may be accommodated by prior
consultation and approval of the researcher(s) and the Estuarine
Sanctuary Coordinator'.

7. The staff of the North Carolina National Estuarine Sanctuary
will provide the Museum staff with periodic updates on the
research and educatio"ri,al information available from the sanctuary
sites as well as other sanctuary programs which might be
applicable to Museum educational programs.

8. The Museum staff will keep a log of visitation to the Sanctuary.
These records will be filed periodically with the Sanctuary
Coordinator. They will further notify the Coordinator as
necessary of signs of overuse, vandalism, or other damage or
deterioration.

S igned.,

NORTH CAROLINA DEPARTMENT
OF AGRICULTURE

DATE
mes A. Graham, Commissioner

NORTH CAROLINA STATE MUSEUM
OF NATURAL HISTORY

DATE 6:46
D John B.

NORTH CAROLINA DEPARTMENT OF
NATURAL RESOURCES AND COMMUNITY
DEVELOPMENT

DATE @z Al
1--S. Thomas Rhodes, Secretary
.DEPUTY SECREWY
@ames-A.G'rah
'@rJohlnB.
-D @un@derburg, @Director

X
Gates k CURRITUCK BANKS SITE

Hertford 0?

Kitty Hawk
Bertie

ki Tyrre I I Manteo
Washington Dare

Beaufo
Hy,
yde

C', Craven Cape Hatteras

Pe lico

Onsiow
RACHEL CARSON SITE (CARROT ISLAND)

Pander Cape Lookout

Wilm* ton
7.
Wrightsville Beach
MASONBORO ISLAND SITE (proposed).
Brunswick
Southport Carolina Beach
ZEKE'S ISLAND SITE
Cape Fear

SCALE: 1*'u 19 miles (apprax.)

APPEN.D.IX A : COMPONENTS OF THE NORTH CAROLINA
NATIONAL ESTUARINE SANCTUARY

APPENDIX E.8

Memorandum of Understanding
U.N.C. Sea Grant College Program and Division of Coastal Management

MEMORANDUM OF UNDERSTANDING

WITNESSETH

WHEREAS, the Department of Natural Resources and Community Development
is responsible for developing a program to promote and encourage the use
of these sites for public education, and

WHEREAS, the Sea Grant College Program has as one of its goals the
education of the public concerning estuarine and marine resources, and

WHEREAS, a coordinated effort to provide and promote research and public
educational use of the Sanctuary will be to the mutual benefit of both
agencies,

NOW THEREFORE, in consideration of the mutual benefits to be derived,
the signatories agree to the following:

1. The purpose of the Estuarine Sanctuary Program is the protection
of lands for use as natural field laboratories and living
classrooms in which to gather data and educate the public concern-
ing North Carolina's estuaries.

2. The Sanctuary Management Plan provides a framework for conducting
research and educational programs on the Sanctuary sites. The
management plan has been developed by the Estuarine Sanctuary
staff and will be periodically reviewed by the Local and State
Advisory Committees and concerned citizens and-users of the
Sanctuary.

3. The Signatories will adhere to the approved management plan in
their on-site and off-site educational activities concerning the
Sanctuary.

4. The Sea Grant Program and the Estuarine Sanctuary Program shall
encourage the best researchers to conduct their research in and
around the sites in accordance with National Estuarine Sanctuary
Program regulations.

5. The Estuarine Sanctuary staff will work with the Sea Grant
Education Specialist to develop off-site educational programs
and materials (e.g., slide shows, exhibits, brochures) specifically
for the sites.

6. On-site educational programs led by the Sea Grant staff will.
stay within the area of the site(s) designated for public access
and will not in any way interferewith research projects.
HoweverV specificvisits to research sites may be accommodated
by prior consultation and approval of the researcher(s) and
the Estuarine Sanctuary Coordinator.

7. The staff of the North Carolina National Estuarine Sanctuary
will provide the Sea Grant Education Specialist with periodic
updates on the research and educational information available
from the Sanctuary sites which might be applicable to Sea
Grant educational programs.

8. The Sea Grant Education Specialist will keep a log of visitation
to the Sanctuary. These records will be filed periodically
with the Sanctuary Coordinator. The Specialist will further
notify the Coordinator if a given site exhibits signs of overuse,
vandalism, or other damage or deterioration.

Signed P

UNIVERSITY OF NORTH CAROLINA
SEA GRANT COLLEGE PROGRAM

Date
Dr. 19. J(./CoOeland, Director

MARINE ADVISORY SERVICE

Date
J*hs D. Murra-y-, Director
\w

DEPARTMENT OF NATURAL RESOURCES
AND COMMUNITY DEVELI)F T

Date
1--S . Th oma sRho'de's, Secretary

APPENDIX E.9

Memorandum of Understanding/Cooperative Agreement
University of North Carolina at Wilmington
and Division of Coastal Management

MEMORANDUM OF UNDERSTANDING

This memorandum serves as an expression of intent between the North Carolina
Department of Natural Resources and Community Development/Division of Coastal
Management and the University of North Carolina at Wilmington.

Witnesseth

WHEREAS, the State of North Carolina has received a grant from the United
States Department of Commerce for acquisition and development of four sites on
the,North Carolina coast as the North Carolina National Estuarine Sanctuary,
and

WHEREAS, the Zeke's Island and Masonboro Island Components of the North
Carolina National Estuarine Sanctuary have been established in New Hanover/
Brunswick Counties, and

WHEREAS, the Department of Natural Resources and Community Development
is responsible for developing a program to promote and encourage the use of
the;6,eiand other Sanctuary sites for research and education, and

VHEREAS, the University of North Carolina at Wilmington has for years
used:@both sites for research and educational activities and has faculty members
op@the-State and Local Estuarine Sanctuary Advisory Committees, and

WH EREAS, a coordinated effort to provide and promote research and educational
use of the Components will be to the mutual benefit of both parties,

NOW.THEREFORE, in consideration of the mutual benefits to be derived, the
Signatories agree to the following:

1. The purpose of the Estuarine Sanctuary Prograrh is the protection of
lands for use as natural field laboratories and living classrooms in
which to gather data and educate the people of North Carolina concerning
natural and human processes occurring within North Carolina's
estuaries.

2. The Sanctuary Management Plan will provide a framework for conducting research
and educational programs on the Sanctuary sites. The Management Plan has
been developed by the Estuarine Sanctuary staff and will be periodically
reviewed by the State and Local Advisory Committees and concerned citizens and
users of the Sanctuary.

1. The Signatories will adhere to the approved Management Plan in their
research and educational use of the Sanctuary.

@4. The University shall be fully and regularly consulted by the Sanctuary
staff regarding research and educational opportunites and information
as well as management policies pertaining to the Sanctuary.

5. Educational programs led by the University staff will stay within
the area of the site designated for public access and shall not in any
way interfere with research projects. However, specific visits to research
sites may be accommodated by prior consultation and approval of the
researcher(s) and the Estuarine Sanctuary Coordinator.

6. The staff of the University shall keep a log of their visitation to the
sites. These records will be filed periodically with the Sanctuary
Coordinator. The University staff will further notify the Sanctuary
Coordinator as necessary of signs of overuse, vandalism, or other
deterioration.

Signed,

UNIVERSITY OF NORTH CAROLINA
AT WILMINGTON

Date
I t Dr. William H. Wagonef, Chancellor

UNIVERSITY OF NORTH CAROLINA
AT WILMINGTON, OFFICE OF RESEARCH
ADMINISTRATION

Date -LO Its-

NORTH CAROLINA DEPARTMENT OF
NATURAL RESOURCES AND COMMUNITY
DEVELOPMENT

Date
S. Thoiha-s Rhodes, Secretary

COOPERATIVE AGREEMENT

The University of North Carolina at Wilmington proposes to
enter into an agreement with the Division of Coastal Management
to assist with the administration of the North Carolina Estuarine
Research Reserve Program.

I. Purpose of the North Carolina Estuarine Research
Reserve Program (NCERRP) and Mission of the Division of
Coastal Management (DCM).

The purpose of the NCERRP is to acquire, develop, and
manage natural field laboratories in which to study
natural and human processes occurring within the
coastal estuaries of North Carolina. The program
preserves undisturbed areas, supports scientific
research, encourages education within the reserve, and
allows traditional uses that are compatible.
The Coordinator of this program ensures the effective
management of North Carolina's multiple-site system and
maintains continuous communication among Federal, State
and Local participants. The activities associated with
the position are self-directed, with priorities and
tasks determined by individual judgment. The
Coordinator's responsibilities include four ongoing
segments:

-Federal grant administration
-Liaison among program participants, state
agencies, and users of the sanctuary
-Development and updating resource management
plans
-Program implementation

II. Mission and Objectives of the Center for Marine Science
Research (CMSR) and the University of North Carolina at
Wilmington (UNCW).

The mission of the CMSR is to promote basic and applied
researtch. Specific goals are as follows:
A. To promote basic research in the fields of
oceanography, coastal and wetland science, marine
biotechnology and aquaculture, and marine
biomedical and environment physiology;

B. To support publication of research findings and to
aid information dissemination;

C. To provide technical support and other services
which will create an environment conducive to
developing multidisciplinary projects;

D. To support the University's instructional programs
.by providing opportunities for undergraduate and
graduate training in marine-related research;

E.. To initiate research efforts in the application of
basic knowledge as a response to local, state, and
national needs and to provide information to
local, state, and federal. agencies which can
contribute to marine science policy'decisions.

III. The objectives of the Agreement.

The University of North. Carolina at Wilmington is
organized to conduct educational, research, and public
services programs -designed to benefit people of North
@Carolina and specifically people of the coastal region
of North Carolina. The Division of Coastal Management
.is responsible for the administration of the North
Carolina Estuarine. Research Reserve Program which
involves the implementation of management, educational,
and research programs centered around these estuarine
reserves. UNCW and DCM are mutually Interested in and
desire to cooperate in conducting the NCERRP which will
be facilitated by utilizing resources available to both
agencies. The specific objectives are:

A. To locate the Estuarine Research Reserve Program
and the Program Coordinator on the Campus of the
University of North Carolina at Wilmington in the
Center for Marine Science Research in order to
facilitate the use of University resources by the
ERRP.

B. To facilitate cooperation between the University
and the Division of Coastal Management in ensuring
that the purpose of the ERRP is met.

C. To allow the Program Coordinator to interact with
academic programs through the CMSR, and be
available to assist with graduate research and the
-instructional program.

IV. The Agreement.

A. The Division of Coastal Management agrees to:

.1. Provide funding for a program coordinator, an
assistant coordinator and to support the
program activities (ex. travel, printing,
supplies, equipment and etc.) of the North
Carolina Estuarine Research Reserve Program.

2. Consult with the Director of the Center for
Marine Science Research in the selection of a
coordinator who is qualified to contribute to
the instructional programs of an appropriate
academic department, and to assist graduate
student research projects.

3. Allow the coordinator to contribute to the
academic programs of the University by
assisting with graduate student research
training.

B. The University agrees to:

1. Provide office space and the usual utilities
and services for the coordinator-of the ERRP.

2. Permit the Coordinator use of laboratories,
secretarial services, general equipment and
materials on the same basis as faculty
members at the University.

3. Make available to the coordinator in
accordance with University policy and
procedures Computer Center services, boats,
motors, trailers, motor vehicles and other
services at the rate charged other university
programs.

4. Encourage appropriate faculty and staff
cooperation.

5. Recommend qualified personnel of the ERRP as
adjunct members of an appropriate academic
department 'and admit them to all faculty
privileges appropriate to their rank and
position.

V. Funding.

Each party's contribution to the ERRP budget shall
be determined by mutual agreement 'prior to
submission of biennial budget requests.

VI. Review.

The activities of the ERRP at UNCW will be
reviewed annually by the Director of the Center
for Marine Science Research at the University and
the Director of the Division of Coastal Management
to insure continued harmony with University and
DCM objectives.

This agreement may be terminated by either party
by giving notice to the other in writing at least
sixty days prior to the proposed date of
termination.

The Division of Coastal Management and the. University of
North Carolina at Wilmington agree to this Cooperative Agreement
for the Administration of the North Carolina Estuarine Research
Reserve Program beginning December 1, 1989.

For the Division of Coastal Management and the Department of
Enviro m nt, Health and Natural Resources.

7
Dr. G100ge Everett Director Date

For the University of North Carolina at Wilmington

Dr. Charles L. Cahill Date
Vice Chancellor & Provost
/S
Dr. William H. Wagon Chancellor Date

APPENDIX E.10

Memorandum of Understanding
The U.S. Fish and Wildlife Service, The Nature Conservancy,
and Division of Coastal Management

Memorandum of Understanding
No. 14-16-0004-86-939

MEMORANDUM OF UNDERSTANDING

between

U.S. Fish and Wildlife Service,

The Nature Conservancy

and the

North Carolina Department of Natural

Resources and Community Development/

Division of Coastal Management

This Memorandum of Understanding serves as an expression of intent among
three parties-in-interest, hereinafter called the Signatories: the U.S.
Fish and Wildlife Service, The Nature Conservancy, and the North Carolina
Department of Natural Resources and Community Develooinent/Division of Coastal
Management.

The authority to enter into this Memorandum of Understanding is 16 U.S.C. 661
(the Fish and Wildlife Coordination Act) and 16 U.S.C. 715k (the Migratory Bird
Conservation Act).

Witnesseth:

WHEREAS, the State of North Carolina has received a grant from the United
States Department of Commerce for acquisition and development of four sites
on the North Carolina coast known as the North Carolina National Estaurine
Sanctuary, and

WHEREAS, the Currituck Banks Component has been established just north of
Corolla, North Carolina, and

WHEREAS, the North Carolina National Estuarine Sanctuary Management Plan
outlines policies for research, education, compatible traditional uses
and management practices permitted on the Component, and

WHEREAS, the State of North Carolina, The Nature Conservancy, and the
U.S. Fish and Wildlife Service own adjacent tracts of land in the area,
namely: the U.S. Fish and Wildlife Service has established the Currituck
National Wildlife Refuge, and The Nature Conservancy owns lands north of
Corolla, and

WHEREAS, a coordinated effort to preserve and protect the Currituck Outer
Banks will be to the mutual benefit of all parties.

NOW THEREFORE, in consideration of the mutual benefits to be derived, the
Signatories agree to the following:

1. The Signatories will coordinate and cooperate to
insure that management activities on their respective
areas do not adversely affect the.land, its wildlife,
natural and scenic values, and each other's management
programs.

2. When compatible, the Signatories agree to allow Estuarine
Sanctuary research and educational programs on all tracts
owned by the Signatories after proper issuance of permits
by the appropriate party. The tracts will be technically
included in the Sanctuary from research and educational
standpoints; however, individual management prerogatives
will be maintained by each Signatory for their respective
property.
3. The Coordinator of the Estuarine Sanctuary Oro"gram shall
regularly discuss proposed and ongoing research and
educational activities on the properties managed by the
other Signatories.

4. The Signatories agree that emergency upland access may
be used by local residents only in the event that high
water conditions prohibit the customary use of the ocean
beach for access across the properties.

5. The Signatories agree to notify each other if any vandalism,
misuse of property or other problems are observed on the
respective tracts during routine patrols of the area.

6. The Signatories will be represented on the Currituck
Banks Local Advisory Committee which will give input and
management suggestions on the management of the Currituck
Banks Component of the National Estuarine Sanctuary.

This Memorandum of Understanding will become effective upon execution of all
Signatories and remain in effect for 5 years thereafter. This Memorandum of
Understanding can be extended by mutual written agreement of all Signatories.
Any Signatory may terminate this memorandum by providing sixty (60) days
written notice to the other Signatories.

U.S. FISH AND WILDLIFE SERVICE

Date:
June 24, 1986
Regional Director (James W. Pulliam, Jr.)

THE NATURE CONSERVANCY

Date: Aug 4 1986
Thomas M. Massengale, Vice President

NORTH CAROLINA DEPARTMENT OF NATURAL
RESOURCES AND COMMUNITY DEVELOPMENT

Date: 7/14/86
S. Thomas Rhodes, Secretary

APPENDIX E.11

.Memorandum of Understanding
Wildlife Resources Commission and Division of Coastal Management

MEMORANDUM OF UNDERSTANDTNG

This memorandum serves as an expression of intent between the Wildlife
Resources Commission and the Division of Coastal Management within the
North Carolina Department of Natural Resources and Community Development.

WITNESSETI.4

WHEFEAS, the State of North Carolina has received a grant from the
United States Department of Commerce for acquisition and development of
four components on the North Carolina coast (see Appendix A) as the North
Carolina National. Estuarine Sanctuary, and

WHEREAS, the Division of Coastal Management is responsible for
developing programs to promote research, education, and compatible
traditional uses of the sites by coordination with other state agencies, and

WHEREAS, the Wildlife Resources Commission has the responsibility to
regulate the taking of game and certain fish speci-es, and

WHEREAS, the Wildlife Resources Commission has shown support of the
sanctuary program by their representation on the State Sanctuary Advisory
Committee, and

WHEREAS, a coordinated effort of site surveillance and enforcement
of hunting regulations will be to the mutual benefit of both Divisions,

NOW THEREFORE, in consideration of the mutual benefits to be derived,
the signatories agree to the following:

1. The purpose of the estuarine sanctuary program is the protection
of lands for use as natural field laboratories and living class-
rooms in which to gather data and educate the public concerning
North Carolina's estuaries.

2. The Sanctuary Management Plan provides a framework for conducting
research and educational programs on the sanctuary site. The
management plan. has been developed by the estuarine sanctuary
staff and will be periodically reviewed by the Local Advisory
Committee and concerned citizens and users of the Sanctuary.

3. The Management Plan includes policies on sanctuary use, surveillance,
and enforcement. The policies pertaining to traditional hunting
shall be in accordance with those regulations (General Statues of
N. C. Article 22, GS 1.13, 291-294) established by the Wildlife Resources
Commission for the taking of game in North Carolina.

4. Wildlife Resources enforcement officers will routinely patrol the
sanctuary sites under their jurisdictions. The Estuarine Sanctuary
Coordinator will periodically contact the officers to discuss any
significant problems associated with hunting at the sites.

5. The Division of Coastal Management may petition the Wildlife
Resources Commission to change the bunting use within a site
(e.g., shorten,the.hunting season in a sanctuary component) if
necessary for research purposes or protection of natural resources.

Signed,

DEPARTMENT OF NATURAL RESOURCES
AND COMMUNITY DEVELOPMENT

Witness S. Thomas Rhodes, Secretary

WILDLIFE RESOURCES COMMISSION

Witness W. Vernon Bevill, Executive Director

DIVISION OF COASTAL MANAGEMENT

Date Ji-t
David W. Owens, Director
D PA@RN@TOF NA R@ARE SOURC@ES
E TU L
A
C ITY@
ND DEVELOPMEN@T

CUVLpITUCK BANKS SITE

Gales

Kitty Ha-@

OLA-
Sertie Manteo

Dare
cyrrel
Tyrrell

seauiorl Hyde

Cage 14atteras

craven

Pamlico

T ISLAND)
onslow RACHEL C4RSo" SITE (CARRO
Cape Lc)okout

pender

Wilmi ton
Bead, AND SITE (proPOSed)
IAASONBORO ISL

BrunsWick CarOjinzBe3ch
SoUthport ZEYE'S ISLAND SITE
Cape Fear ties (appla"',
SCALE: 19 M

CAP-OLWA
TS Of: -rJAE I F SASCTUATty
DIX UAVtIN
APPF,14 CoMpONEN' L ES^r
mATIONA

APPENDIX F

Coastal Reserve Act

�113A-127 ART. 7. COASTAL AMA MANAGEMENT �113A-129.1

CASE NOTES

Trial Court without Jurisdiction, did not allege that they had been subject
-The trial court was without jurisdic- to actual searches or that they had been
tion in a declaratory judgment action to fined for refusing access to investigators.
pass upon the question of whether sub- Adams v. North Carolina Dep't of Natu-
section (d)(1)c of this section authorized ral & Economic Resources, 295 N.C. 683,
warranties searches in violation of the 249 S.E. 2d 402 (1978).
Fourth Amendment where the plaintiffs

113A-127. Coordination with the federal govern-
ment.
All State agencies shall keep informed of federal and interstate
agency plans, activities, and procedures within their area of exper-
tise that affect the coastal area. Where federal or interstate agency
plans, activities or procedures conflict with State policies, all rea-
sonable steps shall be taken by the State to preserve the integrity of
its policies. (1973, c. 1894, s. 1975, c. 452, s. 1981, c. 932, s. 2.1.)

113A-128 Protection of landowners rights.

Nothing in this Article authorizes any governmental agency to
adopt a rule or issue any order that constitutes a taking of property
in violation of the Constitution of this State or of the United States.
(1973,c. 1284, s. 1; 1975,c. 452, s. 5; 1981, c. 932, s. 2.1; 1987, c.
827, s. 144.)

113A-129: Reserved for future modification purposes.

Part 5. Coastal Reserves
113A-129.1. Legislative findings and purposes.
(a) Findings.- It is hereby determined and declared as a matter
of legislative finding that the coastal area of North Carolina con-
tains a number of important undeveloped natural areas. These
areas are vital to continued fishery and wildlife protection, water
quality maintenance and improvement, preservation of unique and
important coastal natural areas, aesthetic enjoyment and public
trust rights such as hunting, fishing, navigation, and recreation.
Such land and water areas are necessary for the preservation of
estaurine areas of the State, constitute important research facili-
ties, and provide public access to waters of the State.
(b) Purposes. - Important public purposes will be served by the
preservation of certain of these areas in an undeveloped state. Such
areas would thereafter be available for research, education, and
other consistent public uses. These areas would also continue to
contribute perpetually to the natural producitivity and biological,
economic, and aesthetic values of North Carolina's coastal area.
(1989, c. 344, s. 1.)

�113A-129.2 CH. 113A. POLLUTION CONTROL, ETC. �113A-134

Editor's Note. - Session Laws 1989, upon ratification. The act was ratified
c. 344, a. 3. makes this Part effective June 19, 1989.

� 113A-129.2. Coastal Reserve Program.
(a) There is hereby created a North Carolina Coastal Reserve
System for the purpose of ac Wring, improving, and maintaining
undeveloped coastal land ana water areas in a natural state.
(b) This system shall be established and administered by the
Department of Environment, Health, and Natural Resources. In so
doing the Department shall consult with and seek the ongoing ad-
vice of the Coastal Resources Commission. The Department may by
rule define the areas to be included in this system and set standards
for its use.
(c) This system shall be established within the coastal area as
defined by G.S. 113A-103(2).
(d) All acquisitions or dispositions of property for lands within
this system shall be in accordance with the provisions of Chapter
146 of the General Statutes.
(e) All lands and waters within the system shall be used primar.
ily for research and education. Other public uses, such as hunting,
fishing, navigation, and recreation, shall be allowed to the extent
consistent with these primary, uses. Improvements and alterations
to the lands shall be limited to those consistent with these uses.
(1989, c. 344, s. 1; c. 727, s. 218(58).)

Effect of Amendments. - The 1989 Natural Resources" for "Natural Re-
amendment. effective July 1. 1989, sub- sources and Community Development"
stituted "Enviromment, Health, and in subsection (b).

� 113A-129.3. Coordination.
(a) To the extent feasible, this system shall be carried out in
coordination with the National Estuarine Reserve Research System
established by 16 U.S.C. � 1461.
(b) To the extent feasible, lands and waters within this system
shall be dedicated as components of the "State Nature and Historic
Preserve" as provided in Article XIV, Section 5, of the Constitution
and as nature reserves pursuant to G.S. 113A-164.1 to G.S.
113A-164.11. (1989, c. 344, a. 1; c. 770, a. 47.)

Effect of Amendments. -The 1989 substituted "G.S. 113A-164.11" for "G.S.
amendment, effective August 12, 1989, 164.11" in subsection (b).

H 113A-130 to 113A-134: Reserved for future codification
purposes.

APPENDIX G,

Dedication of the NCNERR as a State Nature Preserve

North Carolina
Department of Administration

James G. Martin, Governor James S. Lofton, Secretary
June 5, 1987

Mr. S. Thomas Rhodes, Secretary
NC Department of Natural Resources
and Community Development
512 N. Salisbury Street
Raleigh, NC 27611

Re: Allocation of Property to the Department of
Natural Resources and Community Development
Dedication of the North Carolina Natural Estuarine
Research Reserve

Dear Secretary Rhodes:

Pursuant to Article 9A, Chapter 113A of the North Carolina
General Statutes and pursuant to the authority vested in me by
the Administrative Procedures Code approved by the Governor and
Council of State on January 28, 1976, all State-owned lands
within the areas hereinafter designated are hereby allocated to
the Department of Natural Resources and Community Development:

Those State-owned real properties hereinafter collectively
known as the North Carolina National Estuarine Research
Reserve lands (previously referred to as the North Carolina
National Estuarine Sanctuary), consisting of four
components:

1. Zeke's Island located in Brunswick and New Hanover
Counties;

2. The Rachel Carson component located in Carteret County;

3. Currituck Banks located in Currituck County; and

4. Masonboro Island located in New Hanover County, all of
which are more specifically described in Exhibits A, B,
C, D and E attached hereto and by reference made a part
hereof.

116 West Jones Street 0 Raleigh, North Carolina 27611 Telephone 919-733-7232
An Equal Opportunity / Affirmative Action Employer

Page 2

THIS ALLOCATION IS MADE SUBJECT TO THE FOLLOWING TERMS AND
CONDITIONS:

1. As used in this Letter of Allocation the terms "natural
area" and "nature preserve" shall have the same meaning as
contained in North Carolina General Statutes 113A-
164.3(3)(4) respectively.

2. Pursuant to North Carolina General Statutes 113A- 164.8,
all State-owned lands lying within the above-designated
areas are hereby dedicated as a nature preserve to be known
collectively as the North Carolina National Estuarine
Research Reserve (hereinafter the "reserve" or "preserve")
for the purposes provided. in the North *Carolina Preserves
Act, as amended, and other applicable law, and said State-
owned land shall be held, maintained, and used exclusively
for said purposes.

3. Primary Custodian. The Primary Custodian of the reserve
will be the North Carolina Department of Natural Resources
and Community Development, which will be responsible for
managing the nature preserve in accordance with this letter
of allocation (dedication) and the regulations set forth in
15 NCAC 12H .0301-.0403.

4. Primary Classification. The primary classification and
purpose of the preserve shall be research, education, and
compatible traditional uses.

5. Rules for Management.
A. Character of Visitor Activity. The principal visitor
activities in the preserve shall be research, walking,
observing, fishing, and hunting. These activities shall be
regulated to prevent disturbance of the preserve beyond that
which' it can . tolerate without significant environmental
degradation. Use of vehicles along designated corridors
will be allowed only at the Zeke's Island and Currituck
Banks components. Camping will be allowed only with the
written permission of the Department of Natural Resources
and community Development.

Activities and uses which are unrelated to those mentioned
above are prohibited except as provided for herein or unless
necessary to carry out the purposes of the preserve.
Prohibited activities include, but are not limited to,
construction, not related to the preserve, commercial
activities and development, agriculture and grazing of
domestic animals, mineral exploration and development,
dumping or, , changes in topography except by existing
easements, the gathering of plant products except as
provided for in approved research projects, and the removal,
disturbance, molestation, or defacement of minerals,
archaeological features, or natural features.

Page 3

No exotic flora and no dogs, cats, or other animals,
domestic or exotic, except hunting dogs, shall be brought
into the preserve.

There shall be no fires, except as permitted by the
Department of Natural Resources and Community Development,
and there shall be no littering permitted.

B. Hunting and Fishing., Hunting and fishing shall be
permitted on the . preserve subject to regulation and
management by the North Carolina Wildlife Resources
commission and -the North Carolina Division of Marine
Fisheries, such regulation and management to be consistent
with protection of the natural diversity and primitive
character of the preserve.

C. Orientation and Guidance of Visitors. The Custodian
may maintain parking and access areas including boat landing
and service roads for patrol, fire control, r,ight-of-way,
maintenance, and other, management activities. Exhibits,
programs, and printed materials may be provided by Custodian
in service areas. Guide service and labeled nature trails
may be provided by Custodian within the preserve.

D. Water Level Control. The purpose of any water
level control shall be to maintain the natural water regime
of the preserve. Water levels which previously have been
altered by man may be changed by the Custodian for the
restoration of natural conditions.

E. Disturbance of Natural Features. The cutting or
removal of trees, dead or alive, or the disturbance of other
natural features is prohibited, except that which is
consistent. with the purposes of this dedication, or is
required under the - terms of certain right-of -way easements
between the State and public utility companies and
governmental agencies, or is necessary for public safety.

F. Visitor Protection.. Guardrails, fences, steps, and
bridges may be provided by the Custodian when essential to
the safety of a reasonably alert and cautious visitor. The
Custodian shall have the right to erect such structures as
may be necessary to protect the preserve from unwanted or
excessive visitor traffic.,

G. Control of Vegetational Succession. Control of
succession may be undertaken if- necessary to
.maintain or restore a particular ecosystem or the
preservation of threatened, rare,@ endangered, or unusual
species.

Page 4

H. Research and Collecting Permits. Any person
wishing to engage in scientific research requiring
collecting or otherwise affecting anything within the
preserve shall first secure written permission from the
Department of Natural Resources and Community Development.

I. Fences. Fences and barriers may be installed as
necessary to further the purposes of the preserve.

J. Trails. The Custodian shall locate, build, and
maintain trails which shall be adequate to provide for
permitted use of the preser ve, but otherwise such activities
shall be kept to a minimum.

K. Other Structures and Improvements. The Custodian shall
have the right to'erect structures or facilities within the
preserve, insofar as the s ame are consistent with the
purposes of the preserve as stated in this dedication.

L. Management Plan. The North Carolina Department of
Natural Resources and Community Development, as Primary
Custodian of the preserve, shall be required to prepare and
submit for approval to the Secretary of Natural Resources
and Community Development a management plan. for the.
preserve. This plan shall be subject to all the provisions
of this dedication and shall additionally be consistent with
the management principles set forth in the North Carolina
Administrative Code 15 NCAC 12H 40403, 15 NCAC 70 .0202 and
such other regulations as may be established from time to
time by the Secretary of Natural Resources and Community
Development. In any case where contradictions may arise
between this instrument of dedication and other management
regulations, the terms of this dedication shall take
precedence.

6. Amendment and Modification. The terms and conditions of
this dedication may be amended or modified upon approval of
the Governor and Council of State. The lands dedicated to
the North Carolina National Estuarine Research Reserve
pursuant to this instrument may be removed from dedication
upon the approval of the Governor and Councilof State.

7. Permanent Plaque. The Custodian may erect and maintain
a permanent plaque or other appropriate marker at a
prominent location on the within described premises bearing
the following statement: "This Area is Dedicated as a State
Nature Preserve."

Page 5

The Governor and Council of State have approved the dedication of
the State-owned lands hereinabove described as the North Carolina
National Estuarine ' Re-search Reserve to be held in trust by the
custodian for the uses and purposes expressed in the Nature
Preserves Act at a meeting held in the City of Raleigh, -North
Carolina, on the 3rd day of February, 1987.

This allocation is made at no cost or consideration to the
Department of Natural Resources and Community Development.

Best regards.

Sincerely,
(
a es S. Lofton
retary of AL/inistration

CONSENTED AND AGREED TO:

S. Thomas Rhodes, Secretary
North Carolina Department of
Natural Resources and
Community Development

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