[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
           System
                              ,IMF,

           U.S. Department of Commerce















                                                     UNITED STATES


                                          DEPARTMENT OF COMMERCE






                                            FINAL MANAGEMENT PLAN






                NORTH CAROLINA NATIONAL ESTUARINE RESEARCH. RESERVE


                                                        December 1990






                      COASI AL
                               W
                                                4 0 b  4 1,
                                        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




                                                     iv









                                   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


































                                            Vi







                                 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

                                               2







         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.



















































                                             3









                                  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);



                                             4








               - 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

                                           5








                          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






                                                                      6








                              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.


                                                                       7








                     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.






                                           9










                       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.












                                             10
















                                         r      Gates                  CURRITUCKBANKS
                                         @Hertfoq--Ivi

                                                  0                    Kitty Hawk
                                          Bertie

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

                                                          7

                                            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

                                             12









                  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

                                            13


























                                                                                      Fort Fisher














                      ?0001                                                                                 Mll










                                                                             New Inlet











                                               Smith Island


                                                                            N





                                                   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,

                                               16









                       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


                                            17








                                              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

                                                18









                       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

                                           19









                          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.



                                              20









                     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


                                          21














                                                              lop




                                                                              r)      Bemufwt               A41               72=


                                                     SOUND



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                                                   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

                                          24







                      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


                                          25









                                                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

                                                  26








                       -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)

                                           27








                            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

                                                 28









                       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


                                           29











                   1033700












                                                      Knotts bland









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                                                                            TA









                                                                                                               Corolla

















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                                                                                  E



                                          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



                                                                                                                                        N






                            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


                                                 32









                       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,

                                           33












                           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

                                               34









                                         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

                                           35










                           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


                                                36








                       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.






                                           37














                                                                                                                                    IV






                                                                                                                                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




                                                                        AM









                                                                                             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

                                                 40









                      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,

                                          41








                           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

                                               42








                       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

                                           43









                                                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).



                                                  44









                           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).



                                          45









                                  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

                                                 46









                      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.









                                          47








                                        ,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



                                               48








               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


                                          49








                     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.




                                             50









           - 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:





                                         51












                                                                           '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



         _n

                                                     Division of Coastal Management
         CD                                          NCNERR Staff
                                                     GENERAL PROGRAM COORDINATION,


         z

         z



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

         cn
         Ct


         0

         C



                                                            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.






                                                              53









                 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.



                                            54








                             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.

                                            55









                         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

                                             56








                 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

                                         57









                          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


                                              58








                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


                                         59









               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


                                             60








                        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.



                                          61








                    - 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;



                                            62









                       - 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,

                                           63









                          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:

                                               64









                       - 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;


                                            65









                             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:





                                              66








                - 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.


                                               68










              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:


                                         69









                       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

                                                  70









              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:



                                         71









                       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;



                                             72









                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;


                                         73









                     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,


                                               74








              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.



                                          75









                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.,





                                              76









              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

                                         77










                          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.


                                              78








                 - 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.


                                          79









                               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.


                                             80








            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


                                           81









                  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;



                                             82








              - 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.





                                         83








                         '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.



                                                  84









                                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.




                                                             85









                              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.







                                                                  86








                    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.

                                                          87









                                      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.

                                                                  88








                         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").



                                                            89








                             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.

                                                                90








                         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.






                                                             91









               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.


                                              92









                 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

                                          93









                                                       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.



                                                                 94








                               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.




                                                           ï¿½5










                          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;


                                                                 96









           - 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;




                                          97









                      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:


                                                 98








              - 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


                                        99









                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































                                                                       I









                                        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
                                               
 






























 4













                                            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


              I







                                                                                           I






























                                  I







                    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 ï¿½ 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 ï¿½ 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 ï¿½ 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              ï¿½ 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 ï¿½921.1(d) and ï¿½ 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                  ï¿½ 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 ï¿½ 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, ï¿½ 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 ï¿½ 911.1(d) and ï¿½.921.1(e).
                     Proposed ï¿½ 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            Proposedï¿½921.2(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 ï¿½ 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 ï¿½ 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             Proposedï¿½921.1(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 ï¿½ 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 ï¿½ 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 ï¿½ 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)-vposedï¿½921.10(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 ï¿½ 921.11(c)(2)--One reviewer            Proposed ï¿½ 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                     Proposedï¿½ 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 ï¿½ 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
                     Proposedï¿½921.20-Two reviewers                                                                  Management Plan
                   requested a clarifying revision to the            Proposed ï¿½ 921.30(6@-Two reviewers
                   last sentence of this subsection; the           provided comments on the designation               Proposed ï¿½ 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                  Proposedï¿½-021.31-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 ï¿½ 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 ï¿½ 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 ï¿½ 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 ï¿½ 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 ï¿½ 921.40, ï¿½ M1.41, and                NOAA on specific issues in the                     area In which federally funded research
         ï¿½ 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 ï¿½ 921.60(a)-Two reviewers              Reserve designation.                            estimates include the time for reviewing
                   objected to the requirement that                   Proposed ï¿½ 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 ï¿½ 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 ï¿½ 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.                                               ï¿½ 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
                  ï¿½. 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            ï¿½921.10 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 ï¿½ 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 (ï¿½ 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,ï¿½ 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 (ï¿½ 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 ï¿½ 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;                                         ï¿½921.12 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 ï¿½ 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 ï¿½ 921.4(b) and ï¿½'921.30(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                 ï¿½ 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                  ï¿½ 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 ï¿½ 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         ï¿½-921.81.
          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
          ï¿½ 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                ï¿½ 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       ï¿½ 921.51 Estuarine research guidelines.
           ï¿½ 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 ï¿½ 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
                   ï¿½ 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
                   ï¿½ 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 ï¿½ 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







            I




























                                           APPENDIX E-1

                                    Memorandum of Understanding
                                NOAA and the State of North Carolina





















                                            11






                                                                              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






























 I















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










                                                   2



                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.










                                                   3




                                                  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


















 4






















                                           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



                                 4!


                                                                              q
                               <
                                          The@ Basin




                                          Is
                                                         .. ......... ....
                                                 -7- MA 311
                                                     K
                                      ISLAND

                                                        -'-*-.-"--,.-* . . . . . . . . . . . . . . . ......


                                                A-
                                             410


                  4(                                             ;. . . . . .
                                 N 0 N A M E
                                   ISLAND...-


                    C@













                                     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 iï¿½stuaries.

                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



               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/
          State Museum of Natural History.


                                        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


                                                                                 7

                                                               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

















 i




















                                          APPENDIX E.8

                                   Memorandum of Understanding
               U.N.C. Sea Grant College Program 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 Sea Grant College
          Program.

                                              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 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.




                                                     2











                                                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














                                                3






































                                           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

















 I









 4
















                                           APPENDIX F


                                       Coastal Reserve Act












                        I










                    ï¿½113A-127            ART. 7. COASTAL AMA MANAGEMENT ï¿½113A-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.)




                                                                                       83










                                          ï¿½113A-129.2        CH. 113A. POLLUTION CONTROL, ETC.                  ï¿½113A-134

                                            Editor's Note. - Session Laws 1989,      upon ratification. The act was ratified
                                          c. 344, a. 3. makes this Part effective    June 19, 1989.


                                          ï¿½ 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).

                                          ï¿½ 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. ï¿½ 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.











                                                                                 84





































                                           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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