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FINAL ENVIRONMENTAL IMPACT STATEMENT NARRAGANSETT BAY ESTUARINE SANCTUARY Proposed Estuarine Sanctuary Grant Award for a Narragansett Bay Estuarine Sanctuary in the State of Rhode Island U. S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Office of Coastal Zone Management and STATE OF RHODE ISLAND TD 194.56 Department of Environmental Management R4 N37 1980 DEPARTMENT OF COMMERCE UNITED STATES OF AMERICA UNITED STATES DEPARTMENT OF COMMERCE FINAL ENVIRONMENTAL IMPACT STATEMENT, PROPOSED 2:7 ESTUARINE SANCTUARY GRANT AWARD TO THE STATE OF RHODE ISLAND FOR A NARRAGANSETT BAY ESTUARINE SANCTUARY) NEWPORT COUNTY, RHODE ISLA@/ Prepared by: U.S. Department of Commerce Office of Coastal Zone Management National Oceanic & Atmospheric Administration 330O.Whitehaven Street, N.W. Washington, D. C. 20235 and State of Rhode Island Department of Environmental Management 83 Park Street Providence, Rhode Island 02903 August 1980 DESIGNATION: FINAL ENVIRONMENTAL IMPACT STATEMENT TITLE: PROPOSED ESTUARINE SANCTUARY GRANT AWARD TO THE STATE OF RHODE ISLAND FOR A NARRAGANSETT BAY ESTUARINE SANCTUARY, NEWPORT, RHODE ISLAND ABSTRACT: The State of Rhode Island has submitted an application for a grant award from the Office of Coastal Zone-Management to establish an estuarine sanctuary in Narragansett Bay, Rhode Island. The proposed sanctuary would consist of Hope Island, Patience Island, and the northern end of Prudence Island, and their surrounding waters for a total of 2,629 acres of land and water. Approval of this grant application would permit the establishment of an estuarine sanctuary representing the Virginian biogeographic region. The proposed sanctuary would be used primarily for research and educational purposes, especially to provide information useful for coastal zone management decisionmaking. Recreational uses would be allowed to the extent that they are compatible with the proposed sanctuary's research and education programs. Research and monitoring in and near the proposed sanctuary would provide baseline information against which the impacts of human activities elsewhere in Narragansett Bay and the Virginian biogeographic region could be assessed. APPLICANT: Rhode Island Department of Environmental Management LEAD AGENCY: U. S. Department of Commerce National Oceanic and Atmospheric Administration Office of Coastal Zone Management CONTACT: Mr. Frank D. Christhilf Estuarine Sanctuary Project Manager Office of Coastal Zone Management 3300 Whitehaven Street, N. W. Washington, D. C. 20235 202/653-7301 J14 TABLE OF CONTENTS SECTION PAGE SUMMARY ................................... .... *i PART I: PURPOSE OF AND NEED FOR ACTION ..... o...................... -.1 PART II: ALTERNATIVES (INCLUDING PROPOSED ACTION) ...... o ............. 5 A. Preferred Alternative ..... o_ ..................... 5 1. Boundaries and Acquisition of Sanctuary Lands 2. Management a. General and Specific Management Requirements b. Public and Private Access c. Administration of the Sanctuary d. Education and Research Programs in the Sanctuary B. Alternatives Considered... .............. o ............... 15 1. Funding 2. Site Selection 3. Boundaries 4. No Action PART III: ENVIRONMENTAL CONSEQUENCES.- ......................... o ... 21 A. Environmental Consequences of the Proposed Action... .... 21 1. General Impacts 2. Local Impacts 3. State and Federal Impacts B. Unavoidable Adverse Environmental and Socioeconomic Impacts ..................................... o_ ........ 24 C. Relationship Between Local Short-Term Uses of the Environment and the Maintenance and Enhancement of Long-Term Productivity .................. o24 SECTION PAGE D. Irreversible.or Irretrievable Commitments of Resources .............................................. 24 E. P6ssible Conflicts Between the Proposed Action and the Objectives of Federal, Regional, State, and Local Land Use Plans, Policies, and Controls for the Area Concerned ..................................... 24 PART IV: AFFECTED ENVIRONMENT ....................................... 27 A. Natural Environment ............................... *... *27 1. Narragansett Bay a. Geology b. Hydrology and Climate c. Biology 2. The Island Sites a. Northern Prudence Island b. Patience Island c. Hope Island B. Human Uses of Narragansett Bay ........................ 34 1. History 2. Socioeconomic Characteristics a. Rhode Island b. Portsmouth 3. Current Uses of Narragansett Bay a. Commercial Shipping b. Commercial and Sport Fishing c. Recreational Boating 4. Water Quality 5. Land Use PART V: LIST OF PREPARERS ....................... *...... ............ *41 PART VI: LIST OF AGENCIES, ORGANIZATIONS, AND PERSONS RECEIVING COPIES ............................................ 43 PART VII: APPENDICES ................................................. 45 SUMMARY BACKGROUND Section 315 of the Coastal Zone Management Act of 1972 (P.L. 927583) established the Estuarine Sanctuary Program, which provides grants on a matching-basis to States to acquire, develop, and operate estuarine areas to be set aside.as natural field laboratories.. These areas are to be used primarily for long-term scientific and educational programs that will provide information essential to coastal management decisionmaking. - Uses of estuarine sanctuaries are intended to serve objectives such as the fol 1 owi ng: To gain a more thorough understanding of ecological relation- ships within the estuarine environment; To make baseline ecological measurements; To serve as a natural control in order to monitor changes and assess the impacts of human stresses on the ecosystem;. To provide a vehicle for increasing public knowledge and aware- ness of the complex nature of estuarine ecosystems, their values and benefits to man and nature, and the problems confronting them; and To encourage multiple use of the estuarine sanctuaries to the extent that such usage is compatible with the primary sanctuary purposes of research and education. To ensure that the Estuarine Sanctuary Program includes sites .that adequately represent regional and ecological differences, the program regu- lations established a biogeographical classification scheme that reflects geographic, hydrographic, and biological characteristics. Eleven (11) biogeographic categories are defined in the program regulations. Subcate- gories of this basic system will be developed and utilized as appropriate to distinguish different subclasses of each category. It is anticipated that at least 22 sanctuaries will be needed to provide adequate representation of the various estuarine ecosystems occurring-within the United States. The Estuarine Sanctuary Program regulations, first published in 1974, were amended in 1977 to authorize three kinds of 50% matching grants: (1) an optional initial grant for such preliminary purposes as surveying, appraising, and assessing the lands to be acquired, and for developing management, research, and education plans; (2) grants for acquisition of the real property within the sanctuary boundaries; and (5) operational grants for administration of the established sanctuary. Rhode Island's Department of Environmental Management (DEM), on behalf of the State, submitted a grant application to the National Oceanic and Atmospheric Administration's (NOAA's) Office of Coastal Zone Management (OCZM) in January, 1980 to gather information directed toward establishment of an estuarine sanctuary consisting of Hope and Patience Islands, the northern end of Prudence Island, and their adjacent waters in Narragansett Bay, Rhode Islancf. The proposed sanctuary would be the first to represent a portion of the Virginian biogeographic region. The three island sites are among the largest remaining undisturbed areas in the Bay, and would be accessible to large numbers of people for research and educational purposes. NOAA awarded a preacquisition grant of $10,654, matched by an equivalent amount from th@ State, on March 10, 1980. This grant, which was increased to $21,148 in July 1980, enabled DEM to proceed with development of a formal grant application which, if approved, would provide funds for the acquisition of I ands for the sanctuary. Should the proposed sanctuary be established, Rhode Island would be eligible for $50,000 annual grants (also matched) for sanctuary management and operations. PROPOSED ACTION The grant request to NOAA for $436,000, matched by the State, would be used for the fee simple acquisition of 203 acres of uplands and wetlands on Patience Island from The Nature Conservancy, its present owner, and improve- ments at docks on Prudence and Patience Islands. The State already owns fee simple title to Hope Island and the northern end of Prudence Island, the other land areas proposed for inclusion within this estuarine sanctuary. The composition of real property within the proposed sanctuary is as follows: Identification Size in Acres Patience (207 acres): The Nature Conservancy ................. 203 Other private ownership ................ 4 North Prudence (737 acres): State-owned... ...................... 703 Private ownership .... o ................. 34 Hope Island (94 acres): -_ State-owned... ..... o ................... 94 Adjoining State-Owned Waters to 18' Isobath. ......... o......... 00.0 1,591 Total Land and Water Within Sanctuary: 2,629 acres Rhode Island would not exercise its power of eminent domain (condemnation) to acquire Patience Island, but would instead negotiate a 'Voluntary sale. The State would be willing to consider acquiring fee simple title or conservation easements to the privately owned lands on Patience or central and,northern Prudence Islands, but only on a willing-seller basis. MANAGEMENT The proposed sanctuary would be managed by Rhode Island' s Department of Environmental Management (DEM), the major landowner and manager for t'h'e lands and waters of Rhode Island. To assist in this task, DEM would, at a minimum, hire a full-time sanctuary manager, to be located- on Prudence Island. Management policies proposed by DEM for the sanctuary would ensure its preservation and use in a manner consistent with the-purposes-and regulations of the Estuarine Sanctuary Program. The establishment of a Sanctuary Advisory Committee (SAC) is proposed to advise DEM in its administration of the proposed sanctuary. The SAC will be comprised of the following groups, organizations, or their representatives: the Town of Portsmouth, Rhode Island's C.oastal Resources Management Council, I ' research and educational institutions,:residents of Prudence Island, Narragansett Bay resour 'ce users, conservation groups, Rhode Island Historical Preservation Commission, Department of Environmental Management, National Oceanic and'Atmospheric Administration and-the U.'S. Coast.,Guard. RESEARCH The proposed sanctuary would provide excellent sites for estuarine research in Narragansett Bay. Research opportunities within the proposed sanctuary would generally fall into three categories: (1)"re�earch, analysis, and interpretation of the upland, intertidal, and benthic components of the Narragansett Bay estuary; (2) continuation of ongoing sampling and, monitoring programs within the Bay; and (3) research on the'impacts of poll;utan.ts on estuarine organisms. Prudence and Patience Islands lie near,the transit.ion zone between the comparatively polluted waters of the Upper Bay and the cleaner waters of the rest of the Bay, so that -research and monitoring in and around the proposed sanctuary could provide valuable baseline information against which the impacts of human activ,ities on estuarine hab'itat and dynamics throughout the Bay could be compared, EDUCATION The proposed sanctuary is well sited for educational programs. 'Centrally located in Narragansett Bay, the sanctuary islands are within easy ferry reach of Rhode IslanWs population centers. An estimated 600,000 people live within 10 miles of the three islands. -iv- Pat-ience and northern Prudence Islands contain a variety of estuarine habitats within a small*area, while their flora and fauna can tolerate properly supervised educational uses without incurring significant environ- mental damage. Educational activities will be encouraged through an extensive interpretative program, including printed materials, guided and self-guided tours, and resident naturalists. Hope Island, in contrast, is not suitable for intensive educational programs, because it conta-ins one of the largest wading bird rookeries in the Northeast. The nesting species -- including several kinds of egret, heron, and ibis -- are sensitive to.disruption from human activities, particularly during the March 15-July 31 nesting season. For this reason, access to Hope Island for uses other than ornithological research will be restricted during this period. RECREATION The primary. purpose of.the National Estuarine Sanctuary Program is to provide long-term protection for representative, undisturbed estuarine areas, so that they may be used for scientific and educational activities. The program regulations, though, encourage multiple use of sanctuaries to the extent that such other uses are compatible with the primary sanctuary purpose. The capacity of each sanctuary to accommodate multiple uses, and the permissible kinds and levels of such uses, are determined separately for each sanctuary, and may vary considerably according to the customary and historic uses of the sanctuary area. Low-intensity recreational activities -- such as fishing, shellfishing, hunting, boating, hiking, wildlife Ohoto- graphy, etc.-- are generally considered compatible uses of sanctuary lands and.waters. Current uses of the proposed sanctuary lands and waters include hunting of deer., small game, and ducks; commercial and recreational shellfishing; and recreational fishing and boating. These uses would be permitted to continue as long as they remain at levels that do not threaten the integrity of the proposed sanctuary, or jeopardize use of the sanctuary for resesarch or educational purposes. DEM will monitor activities within the sanctuary, and might in the future restrict, prohibit, or otherwise control uses, or levels of use, as needed to protect the sanctuary's natural resources, and research and education programs. PART I: PURPOSE OF AND NEED FOR ACTION In@response to intense pressures on .the c oastal resources of the United States, Congress enacted the Coastal Zone Management Act (CZMA), which was signed into law on October 27, 1972, and amended.in.1976... This Act,6uthorized a Federal grant-i.n-aid and assistan' 'ce p'rogram to be adminis- tered by the Secretary of Commerce, who in turn delegated this responsibility to the Office of Coastal Zone Management (PCZM) in the National Oceanic and'Atmospheric Administration (NOAA). The CZMA affirms a national interest in the effective protection and development of the Nation's coastal'zone, and prbvides'financial and technical assistance to coastal States (including those bordering on the Atlantic and Pacific Oceans, the Gulf of Mexico, and the.Great Lakes) and U.S. territories to develop and implement State coastal zone management programs. The Act established a variety of grant-in-aid programs to such States for pur .poses of: developing coastal zone management programs (� 305)`2 implementing and administering coastal m6nagement programs*that receive Federal approval (� 306); avoiding or minimizing adverse environmental, social, and economic impacts resulting from coastal energy activities (� 308); coordinating, studying, pla,nning, and,implementi'. ng interstate coastaf-management activities and programs (� 309);. conducting research, study, and tra 'i'ning programs to prov.ide scien- 'tific and technical support to State coastal z.one..ma.nagement programs 310); and: acquiring land to establish estuarine sanctuaries, 'or to provide for shorefront access or island preservation Section 315 of the Act'authorizes an Estuarine Sanctuary Program to provide matchi-hg grants to States to acquire*,,d,ev.e.lop, anid@ooe rate - natural estuarine areas as sanctuaries, so that scientists and students may be provided the opportunity to examine the ecological relationships within the areas over time. Section 315 provides a,max imum'of $2 mill-ion in Federal.funds, to be matched by an equivalent amou 'nt from the State, to acqu'ire lands for each sanctuary. Regulations for implemebtation of the Estuarine Sanctuary Program were published in final form on'June 4., 1974 2 E15 CFR Part 921, Federal Reqister 39 (108): 19922-19927], and amended on September 9, 1977 T15-CFR Part 92-1, Federal Register 42 (175): 45522-455231 (Appendix 1). Estuarine sanctuaries have the dual purposes of (1) preserving relatively undisturbed areas so that a representative series of natural estuarine systems will always remain available for ecological research andeducation, and (2) ensuring the availability of natural areas for use as a control against which impacts of human activities in other areas can be assessed. These sanctuaries are to be used primarily for long-term scientific and educational purposes, especially to provide information useful to coastal zone management decision- making. Research purposes may include: Gaining a more complete understanding of the natural ecological relationships within the various estuarine environments of the United States; Making baseline ecological measurements; Serving as a natural control against which changes in other es- tuaries can be measured, and,aiding in evaluation of the impacts of human activities on estuarine ecosystems; and Providing a vehicle.for increasing public knowledge and awareness of the complex nature of estuarine systems, their benefits to man and nature, and the problems confronting these ecosystems. While the primary purposes of estuarine sanctuaries are scientific and educational, multiple use of estuarine sanctuaries by the general public will be encouraged to the extent that such usage is compatible with the primary sanctuary purposes. Such uses may generally include low-intensity recreation, such as boating, fishing, shellfishing, hunting, and wildlife photography or observation. The Estuarine Sanctuary regulations envision that the Estuarine Sanctuary Program will ultimately represent the full variety of regional and ecological differences among the estuaries of the United States. The regulations state that "the purpose of the estuarine sanctuary program ... shall be accomplished by the establishment of a series of estuarine sanc- tuaries which will be designated so that at least one representative of each estuarine ecosystem will endure into the future for scientific and educational purposes" [15 CFR 921.3(a)]. As administered by OCZM, the Estuarine Sanc- tuary Program defined 11 different biogeographic regions based on geographic, hydrographic, and biological characteristics. Subcategories of this basic system will be established as appropriate to distinguish different subclasses of each biogeographic region. It is anticipated that at least 22 sanctuaries 3 will be needed to provide minimal representation for the Nation's estuarine ecosystems. Since 1974, OCZM has awarded-grants.to..establish seven estuarine sanctuaries. These include: Sanctuary, -Biogeographic. Classffication South Slough Columbian Coos Bay, Oregon Duplin River, Caroli,nian Sapelo Island, Georgia, Waimanu Valley Insular., Island of Hawaii, Hawaii Rookery Bay West Indian Collier County, -Flori-da. Old Wom -an Creek- Great Lakes. Erie County, Ohio .Apalachicola River/Bay Louisiani.an Franklin County.,_Florida Elkho,rn Slough Cal ifo r n 1 an Monterey County, California The:proposed action under consideration by OC *ZM is a grant appl.ication from the State of Rhode *I-sland to acquire:land for an es.t.uarine sanctuary. consisting of approximately 2,629 acres of land and water.in Narragansett.Bay. The application requests $436,000 from NOAA, to be matched by'an equivalent amount of-State funds and privately donated lands-, for,the purchase of 203 acres of land-on Patience Island and to,improve docks on northern Prudence.an&Patience Islands. .The Narragansett Bay Estuarine Sanctuary, if _establ.i.@hed, would be the first i-n the Virginian bioge@ographi.c region. Thi-s'reg,ion'extends over 1,000 miles of Atlantic coastline'from Cape Co.d to Cape'Haitteras', featuring lowland streams, coastal marshes and muddy bottoms with primarily temperate,biota,and some boreal representatives.. The proposed sanctuary in Narragansett Bay would be representative-of the Northeast subre'gion, centered around Long.Island Sound. 4 The estuarine sanctuary proposal fits into a larger interest in Rhode Island among universities, citizen and conservation groups, and State and local officials to establish a Bay Islands Park utilizing the many islands in the Bay. A proposal, "The Bay Islands Park: A Marine Recreation Plan for the State of Rhode Island," was prepared for an Advisory Committee on Island Parks by the Coastal Resources Center, in association with the Departments of Natural Resources and Community Affairs, the Statewide Planning Program, and the University of Rhode Island. The preparation of of this proposal was financed through a Planning Grant issued by the Bureau of Outdoor Recreation, U.S. Department of the Interior under applicable provisions of The Land and Water Conservation Fund Act of 1965 (P.L. 88-578) and by State funds. Rhode Island's goals in establishing this Park are (1) to protect some of the State's last remaining undeveloped island areas in Narragansett Bay, and (2) to provide opportunities for the public to enjoy and study these sites. Until the Navy begqn cutting back its operations in 1973, only limited land resources for the park were available, and little had been or could be done to translate the proposal into a reality. Since then, however, much has been accomplished, and the concept of the Bay Islands Park has been developed and refined. The northern end of Prudence Island was acquired by The Nature Conservancy and later was purchased by the State, with matching funds from the Department of the Interior, to be used as a wildlife management area. As the U. S. Navy gave up its use of other island areas, these were made available to the State for use in the Bay Islands Park System. Thus Hope Island, after it was abandoned by the Navy, became a large rookery for certain species of heron and ibis. Patience Island had several different owners who saw the potential for development, but the potential was never realized. To preserve the island in its natural state, The Nature Conservancy purchased Patience Island in 1980 and agreed to sell the island to Rhode Island for use as. an estuarine sanctuary. Thus, these three islands--Patience, Hope, and the northern end of Prudence Island--were selected out of the Bay Is-lands Park system to be set aside as a'National Estuarine.Sanctuary because they are essentially undisturbed .(or returning to their natural state as is the case with Hope), and because they were ideally suited for research and educational programs to study the effect of the bay-processes on-the island ecosystem within it.* On March 10, 1980, NOAA awarded a 50% matching grant of $10,654 (later increased to $21,148) which enabled the State to complete an environmental assessment of the islands, and to prepare management, research, and education plans for the sanctuary. 5 PART-II,ALTERNATIVES(INCLUDING PROPOSED ACTION) A. Preferred Alternative The State of Rhode Island has submitted an application for a grant of $436,000, to be matched by an equivalent amount of State funds and privately donated lands, for the acquisition of lands to e stablish an estuarine sanctuary in Narragansett Bay encompassing Hope and,Patience Islands, the northern end of Prudence Island, and their surrounding waters (See Fig. 1), and to improve docking facilities on these islands. The proposed sanctuary would include 1,038 acres of land (of which 797 acres are now publicly owned), and 1,591 acres of adjoining waters (all owned by the State), and would be managed by Rhode Island's Department of Environmental Management. 1. Boundaries and Acquisition of Sanctuary Lands The bou nda ri es of an estuarine san ctuary "may include any part or all of an estuary, adjoining transitional areas, and adjacent uplands, constituting to the extent feasible a "natural unit" (15 CFR 921.2).The proposed sanctuary lies within Narragansett Bay, an estuary:111,360 acres in size with a water- shed covering 1,183,360 acres in Rhode Island,Massachusetts, and Connecticut. Since it is not possible to acquire the entire Narragansett Bay estuary and its watershed, Rhode Island has selected three islands in the Bay and their surrounding waters, which approximate a natural ecological unit (see Fig. 2). The grant request to NOAA for $436,000, matched by the State, would be used for the fee simple acquisition of 203 acres of uplands and wetlands on Patience Island from The Nature Conservancy, its present owner, and improvement of docks on North Prudence and Patience Islands. The State already owns fee simple title to Hope Island and the northern end of Prudence Island, the other land areas proposed for inclusion within this estuarine sanctuary. The composition of real property within the proposed sanctuary is as follows: Identification Size in Acre Patience (207 acres) --The Nature Conservancy ............. 203 -- Other private ownership .... .............. 4 -- Nort h Prudence (737 acres) -- State-owned ...... ......... ... 703 -- Private ownershipp ...... ....... 34 ---Hope Island (94 acres) -- State-owned ............ ............ 94 Adjoining State-owned waters to 18' isobath ..... 1,591 Total Land and Water Within the Sanctuary ....... . 2,629 acres 'FIGURE I REGIONAL SETTING7 PROVIDENCE NARR'AGANSETT BAY NORTH Proposed Esturine Sanctuary Ab %%% WARWICK %% FALL RIVER BRISTOL %% % 0 L R@ Patience' Island ,qA oo Prudence Island Hope QUONSETT/ Island DAVISVILLE % > Cx TIVERTON CL 0 CD. PORTSMOUTH 4) -9 MIE. VT. N.H. Conanicut Island CL N.Y. Aquidneck Island MASS. 4@- NORTH KINGSTON CONN. NEWPORT Narragansett Boy 0 1 2 3 4 C, 0.0 Miles- R h a d e1 .0 1 2 3 4 5 6 7 8 kilometers 012 9,R X SA PL ---- ----- A_-A t At A@o 1 12 ......... .......... 8 Acquisition would be performed in accordance with Federal regulations for real estate acquisition, including an independent appraisal and the offer of Fair Market Value. Acquisition would be through negotiation only, and Rhode Island would not use its power of eminant domain (condemnation). Some lands within and adjacent to the proposed sanctuary would remain in private hands. Jhe State would be willing to obtain fee simple title or conservation easements to some or all of these lands, depending on future funding, but only through willing-seller negotiations. 2. Management The State is acquiring,islands or parcels on islands in Narragansett Bay for a number of different purposes, including recreation, wildlife management, and conservation and protection of environmentally unique and irreplaceable lands. Although management of the various islands within the Bay Islands Park system differs according to the objective of acquisition, the present management objectives are compatible with the objectives of managing the sanctuary for its long-term use for research and education within an estuarine system. Although these islands--Hope, Patience, and northern Prudence--are considered within the Bay Islands Park, they will be considered as a separate entity in terms of their use as a National Estuarine Sanctuary. The specific management policies for the uplands and wetlands (not the water body itself) will be based on the primary objective of managing the lands to maintain their ecosystem, in order to assure the long-term protection of natural processes and resources for research and education. Uses that would alter the nature of the ecosystem will not be allowed on these lands. Ownership and management decision authority will be retained by the Rhode Island Department of Environmental Management (DEM) using existing State laws and policies to regulate fishing, shellfishing, hunting, boating, and other current uses of the land and water areas within the sanctuary boundaries. Changes in management policies.and regulations that affect the sanctuary will be reviewed by the Sanctuary Advisory Committee (discussed later), which may provide advisory comments on policies and program, but will have no regulatory authority over these lands and waters. a. General and Specific Management Requirements DEM would monitor all activities within the sanctuary. If any use or level of use threatens the sanctuary, DEM would take appropriate steps to eliminate the potential conflict. In addition, OEM intends to prohibit some activities altogether. Bringing pets and radios or other electronic devices into the sanctuary are examples of prohibited activities. 9 Narragansett Bay in general, and the Patience and Prudence Island areas in particular, are heavily used for recreational fishing., boat.ing, and shellfishing during the summer months. Recreational boating within* the proposed boundaries of the sanctuary is so popular that the waters of Potter Cove, on the eastern side of.northern Prudence Island, are classified as SB waters during the summer.months.. Rhode Island's water quality classifications are, in descending.order, SA, SB,.and.SC (,See Appendi'x IIIj. Establishment of this proposed sanctuary could attract recreational boaters to the sanctuary waters in even larger numbers. Should recreational boating in Potter Cove or anywhere else within the boundaries of the proposed sanctuary be found to cause, or threaten to cause, significant-adverse environmental impacts on the sanct.uary resources,,.DEM would restrict, prohibit, or otherwise control recreational boat.ing Within the sanctuary. to whatever extent is necessaryto protect water quality.within the sanctuary. R-ecr'eation.al and commercial shellfishing is another popular use of the waters around Patience and Prudence Islands. Dredgin� for shellfish within or near the waters of the proposed sanctuary is already prohibited by Rhode Island law.. Individuals must use ton'g.s or rakes, with.a commercial limit of .12 bushels perday, and a recreat@ional Timit of 0.5 bushels per day. In Narragansett Bay, there are 300 full-time and 1,600 part-time shellfishers, who in 1978 harvested 2 million pounds of quahogs valued at $4.3 million. Approximately 200 shellfishers work within the area of the sanctuary. Continued shellfishing within the sanctuary waters, if continued at the present level, should not, interfere with the research and edu,cation.programs. Recreational hunting takes place on all three islands. On Patience and northern Prudence Islands, there is a bow-hunting season for deer from Novem- ber I to January 31. Thirty deer were taken on nbrthern Prudence during the past season.. Patience and Prudence also have'a.small'game season in February, and rabbits are hunted on Hope Island from October,.thro.ugh January.. Duck hunting takes place in November on Patience, Prudence,'and the waters between the two islands. Duck hunting is restricted, to with-in 1.0 feet above mean high water level. Hunting will be allowed to continue if it is compatible with the primary'sanctuary purposes. For deer, hunting is actually desirable to prevent overpopulation and its as,sociated mallnutrilion, disease, and habitat degradation from excessive foraging5. Habitat manipulation to "improve" sites for game species, however, is Iincompatible with the purposes of the sanctuary. Proposals for such actions would have to be approved by the Rhode Island Department of Environmental Management, in consultation with OCZM. It is anticipated that potential co,nflicts can be identified and resolved by DEM before any actions take place that would,reduce.the sanctuar 's value for research and.education.. Y, 10 Northern Prudence Island Existing uses on and around Prudence Island that would continue-are hunting, commercial and recreational shellfishing, and recreational fishing and boating. New activities-that would be introduced as part of the park and sanctuary programs would be interpretative activities, nature trails and research programs. Any recreational activity that harms the natural environment or interferes with research activities will be restricted or prohibited. Patience Island Patience Island contains a variety of habitats (e.g. salt marsh, upland forest, and open fields), and would make an excellent outdoor environmental education center. Groups and individuals may be permitted to camp overnight under careful supervision by DEM personnel to allow them the chance to study the island's ecology over a more extended period of time than would be possible during day trips. Only minimal facilities would be needed to accommodate such activity. Patience Island would also be available for scientific research. Camping would be restricted or prohibited if DEM determines that it inhibits research or degrades the environment. *Hope Island Hope Island has become one of the most important rookeries for-wading, birds in the Northeast, and would be managed under stricter controls than any of the other sanctuary sites. Guided interpretative tours may be offered during the late summer and early fall if they do not interfere with research-activities or damage the environment. The island would be closed to visitors--except for qualified scientists with the approval of DEM--during the nesting season, which runs from March 15 through July 31. No camping would be permitted on Hope Island. b. Public and Private Access The proposed sanctuary is located on islands with no bridge connection to the mainland. DEM can thus control access to the sanctuary through control of boat access to the islands, directly with respect to the ferry system serving the island sites, and indirectly with respect to privately owned boats wishing to moor or beach on the sanctuary islands. Public Access The public transportation system will be designed to take advantage of the ferry system that serves the southern end of Prudence Island. -The only service which is now scheduled is the Block Island Ferry, which will stop twice a day at South Prudence on its round trip from Providence to Newport to Block Island. Transportation to the sanctuary sites would be developed only after a careful study of the ecosystems on the three islands and an assessment of the number of people who can be accommodated on the-islands without damaging the natural processes that exist there., Vi-sitors-to-the sanctuary would be taken there by boat'as the'primary .means of access. Beeause,of the objections of Prudence Island residents, the proposal to use:a bus to connect north and south Prudence has been dropped. A small van (8-10 people) would be available on the south end of Prudence to take small groups of peopile on an ad hoc basis to north-Prudence,.bUt this:woulld be restricted to an "as needed" basis. Public transportation to Patience and Hope Isl-ands would-be,provi'ded by boat on a demand basis and not by a regularly scheduled ferry. Private Access Narragansett Bay supports heavy recreational boati n"g use during summer' months, and some of the proposed sanctuary areas--especially Potter Cove- on northern Prudence Island, and the waters between Patience and Prudence Islands--are customary mooring sites where boats'anchor to spend several hours. When northern Prudence'and Patience Islands.were in private--ownership, small numbers of people beached their boats and hiked or camped on the islands. With these islands,in public ownership, it is safe to assume that larger numbers of people may want to beach their-boats,-or have docking,facilities provided so that they can more easily come ashore. Rhode Isl-and's.policy. with regard to private boats in the proposed sanctuary would be as follows: the docks at Patience and northern Prudence Islands would be.repaired so that small craft can dock, but only to let passengers off; docking for more than'ten minutes would not be permitted; Small@boats may be beached on Patience and northern Prudence'Islands where not prohibited. DEM may restrict or prohibit boats from certain areas such as the salt marshes on northern Prudence (because of their fra.?llity), or the beach on Patience (because of potential conflicts with,swimmers. ;.and DEM will monitor private boat use@withi-n the-sanctuary waters, and if it is determined-that private boat activities are damaging the sanctuary resources, or interfo .ring with other uses, such a's swimming, DEM may restrict boating activity by limiting boat use', moorin .g* or'beaching to:certain areas, and prohibiting,it in other areas. c. -Administration of the Sanctuary The Rhode Island Department'of Environmental Management@(DEM)j the State's natural resource management agency, would manage the proposed sanctuary. Specifically, the 'Assistant Director for Operations would have general oversight and responsibility for the sanctuary and its programs. 12 To assist in this task, DEM will, at a minimum, hire a full-time Sanctuary Manager,'to be located on Prudence Island. The duties of the Sanctuary Manager, wfio will be trained as a natural resource manager/planner, will include: 1) Administration of the sanctuary, including preparing required State and Federal grant applications, proposals, budget, and reports, and maintaining necessary records. 2) Working with the staff of the Sanctuary Advisory Committee. 3) Representing the Sanctuary Advisory Committee in public meetings. 4) Advising and coordinating with units of government, both within DEM and other agencies, on particular issues, questions, and projects that impact on the sanctuary, at their request. 5) Seeking and coordinating special studies and research activities within or related to the sanctuary, and interpreting and applying research results to produce benefits to the Rhode Island coastal management program. 6) Developing and giving general oversight to an-educational program for the sanctuary. - The Sanctuary Manager will be hired by and held accountable to the DEM Assistant Director for Operations. Other person,nel will be employed and trained within the appropriate divisions of DEM to assist in the administration of the sanctuary, including giving interpretative tours and enforcing restrictions on prohibited activities within the sanctuary. Sanctuary Advisory Committee To achieve effective coordination and cooperation among the public and private groups participating in the sanctuary program, a Sanctuary Advisory Committee (SAC) would be created to assist and advise DEM and the Sanctuary Manager. -The SAC would include representatives of the scientific research and educational communities, DEM, the Coastal Resources Management Council, the State Historic Preservation Commission, the Town of Portsmouth, Prudence Island residents, private user groups such as the Rhode Island Boating Council, commercial shellfishermen or others, conservation organi- zations and Federal agencies, including NOAA and the U. S. Coast Guard. 13 SAC functions would include: Advising DEM and the Sanctuary Manager on sanctuary administration. In this role, the SAC would assist DEM in developing guidelines for sanctuary management, as well as job qualifications for the sanctuary manager. Reviewing proposals for research or educational activities w'ithi"n sanctuary lands and waters, and making appropriate recommendations to DEM. Recommending special studies for artheologicali'cultural, or other purposes. Providing for communication and cooperation among all sanctuary users. The final composition of the Sanctury Advisory Committee and any appropriate subcommittees, will be determined before the -acquisition grant would be awarded. d. Education and Research Programs in the SanctOarj .-Education The proposed sanctuary sites are well suited for educational programs not only because Patience and Prudence Islands are capable of-supporting such activities without significant harm, but also because of the- 'proximity of Rhode Island's population centers to the sanctuary islands. Downtown Provi- dence is only 12 miles from the northern end of Prudence Island. The center of Warwick (Rhode Island's second-largest city) is 5 miles fr@_om Patience Island. More than 600,000 people live within 10 miles of the sanctuary islands, offering a unique opportunity to provide sanctuary education programs for the public. With only a short ferry and bus ride, urban residents, school children, and families can enter an area with no development, clean water" pristine salt marshes, and unusual wildlife including a large deer herd and one of the Northeast's largest wading bird rookeries. The north end of Prudence Island in particular provides the opportunity to visi-t a number of different habitat types within a small area. The proposed sanctuary,would emphasize creation of an extensiveAnter- pretative program, including printed materials, guided and'self,-guided tours, resident naturalists, and guided boat trips. Both group and individual activities would be provided. (The completed education.plan, can be obtained by contacting DEM.) Re-search -The Patience and Prudence Island areas offer a unique opportunity for research into the dynamics of the Narragansett Bay est'U:ary'. Several factors influence the research potential of the proposed sanctuary sites: 14 -- The City of Providence and the rivers entering the Bay at Providence contribute significant pollution to the Bay. -- At present, the dividing line between SA and SB waters lies north of Prudence Island. The waters around Prudence Island--particularly in and around Potter Cove- -expe ri ence changing pollution levels depending on weather and season. -- The Prudence Island area is a major shellfish area, and extensive commercial and recreational quahogging takes place in its surrounding waters. An experimental, private oyster "farm" has been started on central Prudence Island. Lobstering takes place around Hope Island. -- The University of Rhode Island has conducted extensive research in the area on pollution levels and their impacts on shellfish, and is constructing a computer model, of the Upper Bay. -- The U.S. Environmental Protection Agency has funded several studies of water quality and marine life in the Upper Bay. Major research opportunities in this proposed sanctuary would generally fall in three categories: (1) research, analysis, and interpretation of the upland, intertidal, and benthic components of the Narragansett Bay estuary, (2) continuation of existing monitoring and sampling programs (described below), and (3) research to analyze the impact of various pollutants and pollution levels on estuarine life. Existing Monitoring I.. Biannual finfish trawl survey: DEM's Division of Fish and Wildlife sets up random stations throughout the Bay twice each year to take fish counts, and to measure characteristics such as length, weight, and sex. 2. Lobster catch data collection: The Division of.Fish and Wildlife collects information on the number of lobs-ters caught, the number of traps used, the number of hours spent trawling, and when and where the lobsters are caught, on a monthly basis. Very few lobsters are caught within the waters of the proposed sanctuary, since most of the sanctuary lies beyond the northern extent of lobster summer migration up the Bay. 3. Quahog sampling: Quahogs are currently taken and sampled for heavy metals and coliform count twice each month by the Health Department. 4. Paralytic shellfish poisoning sampling: Blue mussels and soft-shell clams from stations at the mouth of the Bay are sampled twice a month and tested by the Health Department for paralytic poisoning, a seasonal phenomenon associated with the occurrence of "red tides". If dangerous levels are found at themouth of the Bay, tests are then made at stations progressively farther up the Bay to determine the extent of the poisoning. 15 5. Coliform testing: The Division of Fish and Wildlife tests Upper Bay-water samples 35-40 times per year, for total and fecal -coliform bacteria, primarily to help determine whether the conditional.area,of the Upper Bay should be closed to shellfishing (see Fig. 7). @New Research. All of the land areas withinthe proposed,,.sanc 'tuary,are essentially undisturbed, and almost all of the waterareas are,classified SA,year-round. Thus, establishment of this proposed sanctuary would-ensure the preservation of these lands, and, to a lesser extent, their surrounding waters, for future terrestrial, intertidal, and benthic research on a,variety of estuarine topics. There are, however, several potential sources of pollution outside the proposed boundaries of the sanct,uary--including-sewage and heavy metals from the urban areas around the Bay, and tankers and tank barges Which pass within 1.5 miles of the eastern si-de of Prudence Island--that could jeopardize sanctuary waters in the future. Because the proposed sanctuary lies near the transition zone between the polluted waters of the Upper Bay and the relatively clean waters of the rest of the Bay, research and.monitoring in and arou,nd the-.sanctuary could provide valuable baseline information against.which the impacts 'of.human activities throughout the Narragansett-Bay estuary;could@be-assessed. -Such research and monitoring could have broad -applicability to,sim.ilar estuaries elsewhere in the Virginian biogeograph-ic region, such as-Chesapeake Bayi, (The completed research plan can be obtained by contacting DEM.@) B. Alternatives Considered.. 1. Fundi ng Rhode Island considered several sources of State and Federal funding for the creation of a preserve includi.ng H.ope and Patience-Islands and the north end of Prudence Isl,and. The State purchased the-nort-h-end of Prudence Island in 1978@ using Land and Water Conservation Fund...monie-s matched from the State's Recreation Area Development Fund- - Land and Water Conservation Fund,monies were also considered for purchase.of Patience Island-@ State revenues from hunting-and fishing licenses would be used for the State share of the cost of purchasing Patience Island. Z Estuarine Sanctuary Program funds were selected for three reasons: Land and Water GonservatimFund- monies are.not.available this fiscal year, and may not be available next fiscal year; The Estuarine Sanctuary-Program -i.ncludes..five-years of management. funds, which would be' useful to the proper management of: the, proposed sanctuary in the first years after its establishment. 16 The Estuarine Sanctuary Program would attract national attention to the area, and thus .enhance the research, education, and recreation opportunities in the Bay. Within Rhode Island, hunting and fishing license receipts were selected as a match for the proposed sanctuary grant rather than Recreation Area Development Fund monies, because of the high wildlife values of tile islands, and also because Recreation-Area Development Fund monies are committed to development projects elsewhere in the State. 2. Site Selection In developing an estuarine sanctuary proposal, and in OCZM's initial review, a variety of sites 'were considered for potential sanctuary designation. Because the sanctuaries are to be State-owned and managed, OCZM cannot, on its own initiative, propose or designate an area as a sanctuary. OCZM is dependent upon the State's identifying potential sanctuary sites and formally applying for funding. There are no National Estuarine Sanctuaries along the entire Atlantic coast north of Georgia, none representing any of the sub-regions of the Virginian region, extending from Cape Cod to Cape Hatteras, and none in the Arcadian region9 stretching from Cape Cod to Canada. In 1978/1979, two States in the Northeast sub-region'of the Virginian Region,, Rhode Island and New York, initiated internally a process of identifying areas within their States to propose for an estuarine sanctuary. In New York, the Peconic/Flanders Bays area at the eastern end of Long Island was finally selected in January 1980. However, because of internal problenis that developed early in the year, the project was dropped by New York and their proposal was withdrawn in April 1980. Rhode Island's proposal of the Narragansett Bay Estuarine Sanctuary, if approved,, would provide the first and only estuarine sanctuary so far in the Virginian region. For this reason, it will be especially beneficial to research institutions, universities, and coastal agencies in Rhode Island, as well as Federal environmental agencies such as the Environmental Protection Agency, National Marine Fisheries Service,, and the Office of Coastal Zone Management. Site Selection with Rhode Island Selection of the Prudence/Patience/Hope area as an Estuarine Sanctuary candidate was the result of a lengthy site selection process in Rhode Island. The northern end of Prudence Island and Patience Island were designated as part of the proposed Bay Islands Park system after extensive public discussion, i-ncluding public hearings and input from a special citizens' committee. The process included adoption of the Patience/Prudence acquisitions as part of the State's Comprehensive Outdoor Recreation 17 Plan (SCORP), an element of the State Guide.Plan. Inclusion.of the,Bay IsTands Park proposal in the State Comprehensive Outdoor Recreation Plan was approved by the State Planning Council after public hearings'. The SCORP envisions Patience and the north end of,Prudence Islands.as conservation and wildlife management sites with,low-i1ntensity',public use. Official State policy thus designates these two site .s as areas to be set aside for conservation and wildlife management purposes, although -estua:rine sanctuary designation was not specifically consider .ed when.Rhode Island's SCORP was adopted. When OCZM's Sanctuary Programs Office informed the Cha;irman of RhoOe Island's Coastal Resources Management Coun-cil (CRMC)' that funds might'be' available for an estuarine sanctuary in the Northeast States, the,-,Coastal Resources Center at the University of Rhode Is'l.and'((RC),Jn cooperation with DEM, initiated a review of possible sites. At first, CRC believed that one of Rhode Island's coastal ponds or' tidal rivers might,be the most appropriate estuarine sanctuarycandidate in t@he,State.. All such areas were identified and evaluated., FoUr,of the most promising sites were then reviewed by CRC and-DEM staff, includi-ng biologists, from the Division of Fish and Wildlife.. Allthough all four sites offered u'niq-ue benefits to research an d education, and one potentially was available to be protected "en toto," each of the four sites (listed bel.ow) was.found to have,,signific.ant.drawba.cks. 1) Quicksand Pond in Little Compton: this is the most pristine site, and an outstanding example of a coastal pond with a natural, breachway. Most, of the shore of the pond is undeveloped. However,. there.were' strong local objections, the purchase price would be very high,. research possibilities are limited because of the site's distance from i'nstitutions, andeven I without sanctuary status the site is likely to remain in its comparatively undeveloped state as a result of.the pattern of landholdings surrounding it. 2). Palmer River: this' estuary was considered a good.cahdida'te, except that 850% of it's watershed, including the mo 'st undeveloped porti on,,''lies in Massachusetts, thereby complicating the initiation and successful execution of the project. Moreover, parts of the estuary are he.avily,developed. 3) Pettaquamscutt River: this tidal river in the Towns of Narragansett and North Kingstown has many interesting features, inc1uding unusual upper basins, and is.surrounded by large undeveloped tracts of land. However, the.character of much of the river is such that research her@e'@would have limited ap.pl i c ab i 1 i ty to ot he r area s , a nd t he ce.nt r al . . port i o n of . t lie ri ve,rway is'heavily developed wi.th small. s *ummer c'ottages,on both shore .s,, making control or acquisition of the area difficult or impossible. 18 4) Potter-'s Cove: this is a cove off Point Judith i n South Kingstown (entirely separat'e from the Potter Cove occurring on northern Prudence Island) with potential as shellfish habitat, and with an upper cove that.is almost fresh water. Howev er, much of the shoreline is intensely developed, and,the remainder is in small ownerships, so that acquisition would be difficult. After further analysis by representatives of CRC, OEM, OCZM, and the Coastal Resources Management Council, the Prudence/Patience/Hope sites emerged as potential candidates. Meetings were held to pursue the concept, which drew the support of the Governor. Thereafter, the northern end of Prudence Island, Patience Island,. and Hope Island were nominated, for tile following reasons: 1-' The'sites are essentially undisturbed, and contain a wide range of terrestrial and estuarine flora and fauna. The salt marshes on Prudence and Patience Islands are some of,the most extensive and pristine wetlands remaining in Rhode Island. 2. Located just south of the present shellfish closure line for the Bay, the area has the potential for significant research into Bay dynamics and pollut ion problems. Such research could easily be tied into ongoing research and monitoring elsewhere in the Bay, and could have broad applicability else- where in the Northeast. 3. The islands are located in the center of Rhode Island's populated areas, thus offering numerous opportunities for educational activities. 4. No present or planned uses in the sanctuary area are in conflict with the purposes of the Estuarine Sanctuary Program. Fishing, shellfishing, and hunting are generally compatible uses, and establishment of an estuarine sanctuary here would help to preserve the living resources of the area. Public infoniation meetings on the idea of a sanctuary were held in Providence and Portsmouth in March 1980. A public hearing on the proposed estuarine sanctuary on northern Prudence, Patience, and Hope Islands was held on June 25, 1980. Comments at the hearing and in subsequent letters were overwhelmingly'in favor of tile proposal. 3. Boundaries a. Water Boundaries The proposed sanctuary lies within the Narragansett Bay estuary, and includes isla nds in the middle of the Bay together with their surrounding waters. Since the entire estuary cannot be included within the sanctuary, any water boundaries will be of*necessity less than all-inclusive. The proposed water boundary is the 18' isobath. This line was chosen for several reasons: -- it is a relatively easy water boundary to identify. Nautical charts indicate waters less than 18' feet deep in wtiite, areas deeper than 18' in blue. Four permanent buoys lie on the 18' isobath around the sanctuary. 19 the 18' isobath includes Potter Cove, Cog.geshall.Cove, and the waters between Prudence and.Patience Islands.. Si.nce these areas are popular recreational boating sites in the summer-,^'inclusion of these water'areas within the sanctuary is desirable'so that 'r6str.ictf6hs* can,.be'' ji@.pose,d Jf necessary. .b. Land Boundaries Two alternative land boundary, configurations consi.dered by,Rhdde Island were the inclusi.on of southern and central Prudence Island, and..the exclusion of Hope Island. 1Y outhern'and Central, Prudence Jsland The southern.,end of,Prudence.Isl.and consists of,624 acres, all,,.oWned'".. by the State. Rhode Island considered including some or all of the southern end of Prudence Island within the proposed sanctuary,'but chose not to"f6r' two reasons: (1) the site was extensively developed by the Navy, its former owner', far more than the other island sites, and to such an extent that it does not meet the 'essentially undisturbed' criterion, and (2) southern Prudence will be the main center for the Bay Islands Park system, and will support facilities and activities incompatible with the primary purpose of the sanctuary. Central Prudence Island consists of 2,129 acres, all privately owned. Much of the eastern shore in this central portion has extensive residential development, and the central Prudence lands are held by about 400 separate owners. For these reasons, Rhode Island chose not to pursue the inclusion of central Prudence Island within the proposed sanctuary. If individual owners approach the State and offer to sell fee simple ti,tle or conservation easements, Rhode Island would be willing to consider such acquisitions. These would be undertaken only on an owner-initiated, voluntary basis. 2) Hope Island Rhode Island originally did not include Hope,Island in the sanctuary because of its distance from Patience and Prudence. However, DEM decided to add Hope Island because of the additional protection sanctuary status might provide, particularly for the extremely important wading bird rookery on the island. 4. No Action Under this alternative, Patience would not be acquired, and Patience, northern Prudence, and Hope Islands would not be designated.as an estuarine sanctuary. Northern Prudence and Hope Islands would still be part of the Bay Islands Park system and, as such, would still be protected. However, sanctuary designation and the provision of management funds would help establish a better management structure, strengthen the educational and interpretative programs offered to the public, encourage additional scientific research in the Bay, and provide national recognition for the area. 20 Patience Island'was recently.purchased by The Nature Conservancy (TNC) with th,e expectation that Rhode Island would purchase it from them for inclusion in the proposed'estuarine sanctuary.' If the sanctuary is not established, and the State does not receive funds to purchase Patience Island, TNC could retain ownership and manage it for research and education purposes, or explore other forms of public ownership, through such agencies as the U.S. Fish and Wildlife Service, or sell it to a private party. TNC ownership would restrict State or Federal funds for operations, and coul A result in limited access or educational' programs due to"lac*k of funds. Without an estuarine sanctuary in the Narragansett Bay, as this proposal recommends, there would be no'estuarine sanctuary in the Virginian biogeographic region and none to represent the Northeast sub-region, thus qlosing off the benefits derived frow information generated from a sanctuary in this area. 21 PART III: ENVIRONMENTAL CONSEQUENCES A. Environmental Consequences of the Proposed Action I . General Impacts The overall impact of establishing Rhode Island's proposed estuarine sanctuary would be environmentally beneficial. The proposed'sanctuary would require minimal development or physical alteration of the existing natural environment. It would not significantly affect current uses or activities in or near the proposed sanctuary area. The most direct environmental benefit of this action woul dbe the long-term preservation of three isl'ands and their resources for scientific, educational, and recreational purposes. As a base for research and education, the sanctuary should increase our understanding of estuarine ecosystems, and provide an important link to the Rhode Island coastal zone management program. The proposed sanctuary, which has been chosen as a representative est'uary of the northeast sub-region of the-Virginian biogeographic region, also would'provide basic knowledge necessary for a more complete understanding of estuarine proces Ises,in protected shores along the Northeastern Atlanttc coast. The proposed educational program would increase public knowledge and awareness of estuarine ecosystems, their benefits, and their sensitivities, and would therefore contribute to increased public understanding of and support for coastal zone management activities within Rhode Island.- Potential adverse environmental impacts locally resulting from the establishment of this proposed estuarine sanctuary are those associated with the increased number of persons expected to visit the-islands for scientific, educational, and recreational purposes. These minimal adverse impacts would potentially include soil compaction, local habitat degradation for fish and wildlife uses, destruction of habitat from construction and trail maintenance activities, disturbance of sensitive nesting bird species, and the human community on central Prudence, litter,'water pollution from recreational boats anchored or opera-ting near the islands, etc. These impacts would probably occur regardless of the 'estuarine sanctuary, assuming Patience Island would be in public or Nature Conservancy ownership. On a broader scale, the removal o ,f Patience Island from priv4te ownership will result in loss of taxab"le property to the Town of Portsmouth. Also, other areas that were considered as- potential sites-for an estuarine sanctuary will not be eligible for acquisition funds.. 22 2. Local Impacts a. Natural Environment 1) Fish and Wildlife Habitat A variety of fish and wildlife species--both resident and migratory-- use the proposed sanctuary lands and waters for food, shelter, nesting, and nursery areas. Establishment of this sanctuary would ensure long-term protection of the three island ecosysteins, thereby preserving valuable fish and wildlife habitat. Increased visitor use of the sanctuary for educational and recreational purposes, though, could adversely affect the sanctuary's value as fish and wildlife habitat. Hiking, boating, and other recreational activities could be expected to result in greater noise, litter, soil compaction, water pollution, and other forms of habitat degradation. To keel) such adverse impacts within tolerable levels, Rhode Island intends to control the location and levels of human activities within the proposed sanctuary. Hope Island, for example, whose wading bird rookery is the most sensitive and vulnerable area within the sanctuary, will be closed to all visitors during the March 15-July 31 nesting -season. Moreover, certain areas on Patience and northern Prudence Islands could receive special protection -to maintain habitat for deer and other wildlife, as well as places where research could be conducted undisturbed. 2) Soils and Vegetation Adverse impacts on soils within the proposed sanctuary can be minimized if proper precautions are taken. Trail construction and improveiaent would be undertaken only on suitable, well-drained soils that can tolerate increased compaction. Boardwalks may be constructed over some wetland areas, which would allow a visitor to experience the wetland., while minimizing detrimental effects. Vegetation would not be significantly affected by establishment of the sanctuary. Maintenance and, where necessary, rerouting of existing trails would reduce the impact on vegetation. New trails would be laid out to avoid fragile vegetative areas altogether. 3) Water Quality Establishment of this sanctuary would relieve the potential impact of water pollution that might otherwise occur due to onshore development within the proposed sanctuary. On the other hand, increased recreational boating within sanctuary waters may lead to increased pollution from sewage, motor oils, and litter. The waters of Potter Cove on the eastern side of North.Prudence Island are already classified as SB during summer months as a precautionary measure because of heavy recreational boating usage. Rhode Island will use existing laws and regulations as needed to restrict, or otherwise control recreational boating to protect the sanctuary land and water environment. 23 b. Human Environment 1) Residents of.Prudence and Patience Islands There are about 50 year-round residents on-central Prudence Island, and about 1,000 during'the 'summer. None of these residents would be displaced as a result of this proposed action. Rhode Island's Department of Environmental Management is working with.the island residents to minimize the adver'se,impacts of the 'sanctuary.upon.them. This-would be achieved primarily by 'Providing public access to'the sanctuary primarily by small boats that.would have DEM staff immediately available to supervise and guide groups and instruct all visitors not to disturb priv'ate property on the islands. Visitors would be discouraged from using the Prudence Island Ferry by providing no transportation from Milddle Prudence Island to the sanctuary. 2) Town of, Portsmouth. Acquisition of 203 acres on.Patiente.Island would result in the loss of potential tax revenue to *the.Town of P'ortsmouth,which.in 1978 amounted. to $3,728. This economic loss would probably be more.'than offset by the new jobs and commercial actlvities.,@ssoOated with the, ferry landing in Portsmouth to serve the Bay Islands,Park system and't4e'estu'arilne sanctuary. Other impacts on the Town of Portsmouth woUl.d be a severe strain on the services provided to residents on Prudence, i 'ncluding'police anid,fire protection, water supply, waste disposal,, a,nd other.un ,foreseen services such., as emergency health care and removal from the islands.' DEM and the'Town of Portsmouth will have a formal understanding of how those services will be provided and by whom before t,he acquisition grant,is awarded., 3. State and Federal.Impacts Establishment of the sanctuary would preserve for Rhode Islanders a'nd others from southeastern New England a natural area to enjoy and use for recreational and educational purposes. This would be par@icularly beneficial for the residents of the urban areas around,Na"rragansett-Bay@' Acquisition and management.,of,t,he proposed sanctuary would have relatively minor short-term financial impacts on the-Federal government and the State of Rhode Island. The State will be responsible for funding the long-term operation of the sanctuary.. These expenditures are expected to be offset by the acquisition of improved'scientific@and technical knowledge, which could be applied to the management @o'f @estuar.ine resources here and elsewhere. The sanctuary would also protect wetlands, in accordance with Executive Order 11990,.the Protection of_Wet.lands, and the State Coastal Resources Management.Plan. 24 B. Unavoidable Adverse Environmental or Socioeconomic Effects There are no unavoidable adverse environmental effects associated with this proposed action. Unavoidable adverse economic effects would include the loss of tax revenue (approximately $3,728) to the Town of Portsmouth through the public acquisition of Patience Island. However, some or all of this lost tax revenue would be offset by new spending in the Town of Ports- mouth by sanctuary visitors and management personnel. In addition, establish- ment of this proposed sanctuary could result in minor disruptions to the residents of central Prudence Island from the van carrying visitors to the sanctuary site on northern Prudence Island. Efforts would be made to minimize such disruptions.' C. Relationship Between Loca 1, Short-Term Uses of the Environment, anU-the Maintenance and Enhancement of Long-Term Productivity The purpose of the proposed action is to preserve Hope, Patience, and northern Prudence Islands in perpetuity for research and educational purposes, and to guarantee long-term productivity, to the-benefit of numerous fish and wildlife species. Regulated harvest of natural resources would be permitted to continue, but no short-term or exploitative uses would be permitted to take place at the expense of long-term productivity or public utilization. Moreover, the commercial shellfishery is a product of the natural environment, so that establishment of this proposed sanctuary--by precluding development that might otherwise take place on these sites--should also contribute to the maintenance of long-term economic productivity within Narragansett Bay. Research conducted within the sanctuary, and the increased public awareness of coastal and estuarine processes resulting from educational use of the sanctuary, should enhance Rhode Island's ability to resolve conflicts, mitigate adverse impacts, and otherwise maintain the long-term productivity of its coastal resources as prescribed in Rhode Island's Coastal Resources Management Plan.- D. Irreversible or Irretrievable Commitments of Resources Within the proposed sanctuary, there are no resources that would be irreversibly or irretrievably lost, since the intent of this proposed action is to protect, enhance, and manage these resources. E. Possible Conflicts Between the Proeosed Action and the Objectives of FederYl, -Regional, State, and Local Land Use Plans, Policies, and Controls for the Area Concerned. No conflicts are anticipated between this proposed action and the objectives of Federal, regional, State, or local land use plans, policies, and controls for the area concerned. 25 1 . Federal and Regional Plans The New England River Basins Commission prepared in 1975 a Southeastern New Eng1and (SENE), Study, a 'level B' water and relafed1anid-:resources study,under the.provisions of the-Federal Water R6soutces Planni" ng.,Actr of, 1965. -. The-main purpose of the !SE*NE @st.udy Was to rdc&6@nd"p-ubl'ic@'and private ange actiorts that wou*ld secure for the people of the,.reg.ion' e fufl' ri of, beneffts-resulting from'.balance'd :use and conservation of: , the@region's water and related land resources. The SENE study recommended that Rhode Island give "highest priority" to establishment of the Bay Islands Park system, including Prudence, Patience, and Hope Islands. Federal assistance is being considered for a major facility at Quonset/Davisville for refurbishing and constructing heavy equipment for rigs for OCS oil and gas exploration in the Baltimore Canyon. Quonset is directly west of the sanctuary and heavy ships will pass within a mile of Hope Island. However, no sanctuary regulations will interfere with the passage of ships on either side of the islands or with the maintenance of navigation buoys or enforcement by the U. S. Coast Guard. Estuarine sanctuary management policies only apply to land and water within the sanctuary boundaries and they will not conflict with current and future uses of the Quonsett/Davisville site as an onshore OCS support site. 2. State Plans Three State plans apply to Patience Island, Hope Island, and the northern end of Prudence Island. They are the Bay Islands Park system, the Rhode Island State Guide Plan, and the Rhode Island Coastal Resources Management Plan. The purposes, policies, and objectives of the proposed estuarine sanctuary would be entirely consistent with the purposes of the Bay Islands Park system. The Rhode Island State Guide Plan directs State policies and actions. Two relevant elements of the Guide Plan are: the State land use policies and plan, and the State Comprehensive Outdoor Recreation Plan (SCORP). The 1990 Land Use Plan calls for the use of the sanctuary for conservation and recreation purposes. Section 09-01-02 of the SCORP calls for the creation of a Bay Islands Park system as a high priority. This recommen- dation includes conservation use of the three island sites. Rhode Island's Coastal Resources Management Plan, which has been adopted by the State's Coastal Resources Management Council, and approved by NOAA's Office of Coastal Zone Management, guides and regulates uses and activities in the coastal zone. Section 470 calls for the establishment of a Bay Islands Park system, including the three islands proposed to be included within the estuarine sanctuary, as well as protection of wetlands. 26 3. Local Plans A comprehensive--plan for the Town.of Portsmouth is currently bei-ng prepared by the Town Planning Board of Portsmouth with the assistance of the Rhode Island Department of Community Affairs. A draft of the plan calls: for conservation and.recreation.al use of Patience Island and the northern end of Prudence Island. The Town.has not-yet formally adopted the plan. 27 PART IV: AFFECTED ENVIRONMENT A. Natural Environment 1. Narragansett Bay. Narragansett Bay extends twenty-five miles north from Rhode Island Sound. Providence, the State's largest city, Iies at its head.- The Bay is as much as twelve miles wide, and is divided-by Conanic-ut and Aqui"dneck Islands into three main channels. The proposed estuarine sanctuary includes all, or part of three@islands--Prudence, Pat'ience,' and-Hope, situated in the geographiccenter of the Bay lZmiles south of Providence-@-and,their surrounding waters. Approxiinate coordinates are 41*.33'30" No@th,'71'2237", East., a. Geol,ogy. During much of the last"IceAge-, Narragansett'Baywas an upland:valley with rivers flowi.ng toward a sea whose shore lay off what is now@Block@'Isla*nd. As the,glaciers moved southward, they covered'the land with-ice as much as'a mile thick, scouring and scraping the'land to create the gentle contours characteristic of the Rhode Island landscape. As the glaciers retreated, they deposited vast quantities of boulders, sand, and sediments in the Bay area. The Bay islands are artifact's of this:glacial action'. The rocky crags and headlands of Hope Island were laid bare by 'glacial scouring. The' land masses of Prudence and.Patience Islands were -deposited as moraines by the - retreating glaciers. These islands are composed primarily of glacial t'ill-'- a poorly sorted mixture of boulders, pebbles,'.gravel, sand,.an'd clay.- The till varies-donsiderably in thickness,''and frequently contains layers of clay hardpan that form nearly impermeable barriers:to water,penetration. - Much rainfall is consequently'lost to surface runoff, with little retained' as ground water. Freshwater reserves are therefore limited on the islandsi and residential wells frequently run dry during the summer months. Water supply problems are compounded by a scarcity of surface impoundments, such as ponds or wetlands. Little runoff is captured to percolate into the soil; most is lost to the Bay. Topsoils on the Bay islands are rarely more than three feet deep,. and vary considerably in composition. They have been formed by the.weathering of glacial deposits, and by accumulation of organic matter from a:yeg6tative cover of mixed hardwood and,cohiferous forest. Except over scattered-bedrock outcrops, bearing'strengtht are general,ly pobr'*to fair,'- while stability ranges from poor to reasonable. (Reference - "The Bay Islands Pa'rk:@ A Marine Recreation Plan for the State of Rhode-Isl'and.,). 28 b. Hydrology and Climate Narra ansett Bay is a partially mixed estua F covering km.2 (174 miles ), with a drainage basin of 4,790 km. (1,849 miles in Rhode Island and Massachusetts. The Bay consists of a series of drowned river valleys, and contdins 387 km. (240 miles) of shoreline. Average depth is 7.5 m. (24.6 ft.) in the West Passage and 15.2 m. (49.9 ft.) in the East Passage. The.Bay sediments are primarily silts or clays in the Upper Bay, and fine sands toward the mouth. The flow of fresh wa ter into the Bay varies seasonally, with an 3 average input of 36 m. second. Rainfall amounts'to about one meter/year, and river discharge usually peaks in March and April. The small freshwater input and large tidal volume result in a well-inixed water column and small salinity gradients through the Bay. Salinities range from about 22 parts per thousand (ppt) in the Providence River to 32 ppt at the mouth of the Bay. , Tides are semi-diurnal, and vary in height from 1.1 m. (3.6 ft.) at the Bay mouth to 1.4 m.,(4.6 ft.) in the Upper Bay. The favorable cross section/ length ratio of the Narragansett basin ensures reasonably good flushing rates in the Bay. Water temperatures range from 0.5' C to 24' C. During extreme conditions, the temperature of surface waters in the Bay can vary by as much as-10* C. .The climate of Narragansett Bay is influenced by these air masses: continental polar air from the subarctic, maritime tropical air from the Uulf of Mexico and maritime air from the Atlantic Ocean. Continental polar and,maritime tropical airs exert the strongest influence because air flow is generally from the west. Mean air temperatures range between a July high of 68' to 71' F and a February low of 27' to 32' F. It has been estimated that Narragansett Bay lowers the summer mean maximum temperature in Providence by as much as 40 F, and exerts a similar moderating influence in the winter. C. Biology Narragansett Bay is a phytoplankton@-based ecosystem whose waters teem with coastal and marine life. Salt marshes provide abundant food and shelter for the adults and young of many species of finfish and shellfish. Major finfish species in the Bay include bluefish, striped bass, winter flounder, and tautog. In 1976,.there were estimated to be about 1.8 million pounds of striped bass and about 0.6 mill-ion pounds of bluefish in the Bay. No estimates have been made for winter flounder or tautog. The Upper Bay and Mount Hope Bay are also important spawning areas for menhaden, whose population in the Bay exhibits marked cyclical variations. 29 The Bay bottom supports mussels, lobsters, and crabs, but by far the most important shellfish is the quahog, or hard-shell clam. Quahogs are abundant throughout the Bay, but the heaviest concentrations occur in the West Passage, Greenwich Bay, the Upper Bay, and the edges of the Providence River. Quahogs spawn from mid-June to mid-August, and feed on phytoplankton filtered from the water. Quahog biomass in the Bay is estimated at 37 million pounds. Narragansett Bay is situated on the Atlantic Flyway for migrating birds, so that its native bird population is swelled each spring and fall by migratory species--including three kinds of hawks, warblers, and others--travelling between winter and summer habitat. Waterfowl congregate in coastal marshes around the Bay, where they winter or rest and feed before continuing south. The annual bird migrations are paralleled by annual migrations of the monarch butterfly. 2. The Island Sites a. Northern Prudence Island The terrain of northern Prudence Island has a low profile, with slopes of 3-15 percent and a maximum elevation of 70 feet (Fig. 3). The soils are gravelly, sandy, and silty loams. Isolated hummocks and a long north-south ridge of unconsolidated glacial material are among the island's notable land features, as well as extensive salt marshes. Aside from the marshes, the remaining shoreline consists of pebble beach, with a small sand beach on the western shore near Pine Hill Point. Several hundred acres of pristine salt marsh occur in Sheep Pen Cove, Potter Cove, and Coggeshall Cove. These amrshes serve as spawning areas for large popluations of finfish and shellfish. Quahogs and menhaden are taken commercially offshore, with the annual value of the quahog catch estimated at $2 million. The area also supports recreational quahogging and sport fisheries for bluefish, striped bass, sea trout, and tautog. The salt marshes provide nesting habitat for clapper rail, seaside sparrow, and sharp-tailed sparrow, species limited to this habitat type. In addition, non-resident and migratory bird species--including snowy egret, great egret, black-crowned night heron, little blue heron, least tern, and various waterfowl species-feed in the marshes. Northern Prudence uplands are covered with dense shrub growth of bayberry, highbush blueberry, and shadbush interspersed with red cedar, red maple, sapling oaks, and pitchpine. Deciduous forest, primarily mixed oak, is slowly replacing the shrub in some areas. These vegetated areas support large populations of small game species, including ring-necked pheasant, cottontail rabbit, grey squirrel, and red fox, as well a portion of the densest population of white-tailed deer in New England. The deer herd on the entire island is estimated at 400 animals. MURE 3 PRUDENCE ISLAND NORTH ........ Patience Island 4.1 ...... .... ...... ........ ............. ... ........... Cogge@h 11 Ca@ve ............ Sheep Pen Cov .... .... ... V ......... ...... 41" Potter Cove ........... ...... ..... Blount's pyster farm -farm . .......... ...... JL 4 ......... . Homestead LEGEND 18ft. Depth Mark Sandy Beaches 4@ e y oint ind Wetlands f resh 4 Prudence Park AL Wetlands salt Heritage Foundation Tract Proposed Sanctuary water Proposed Sanctuary land Private Holdings w/Sanctuary Bay Islands Park Site 0 1/2 1 miles 0 1 2 kilometers 31 b. Patience Island Patience Island, 207 acres in size, lies to the west of northern Prudence (Fig. 4). At their closest point, the two islands are 90O.feet apart. Patience has gentle topographic contours with a maximum elevation of'50 feet. The shoreline is primarily pebble beach, with a small sand beach and adjacent salt marsh on the eastern side of the island. This sal-t inarsh contains the seablite (@!@aLa maritima)--a plant species found only in salt marshes-which has been found in only three other Rhode Island locations. The soils on Patience Isl ail 'd are silty loarnis with good drainage. Upland vegetation includes dense concentrations of tall shrubs interspersed with red cedar in the overstory. Dominant shrubs include baybe*v,@ry, highbush blueberry, shadbush, poison ivy, and European bittersweet. Deciduous forest is gradually replacing the shrub habitat th some -parts. of the island. The uplands support populations of red fox, cottontail'rab bit, a nd- ring-necked pheasant. 'Cove areas along tile coastline'are us.ed extensively as feeding areas by migrant dild wintering waterfowl species. @o.mmon,: loon and horned grebe occur frequently, as do greater scaup, ca,nvasback, great..,comorarit, black duck, and scoters. c. Hope Island Hope Island, 92 acres in size, is located 3 miles south of Patience 'Island and 1.5 miles west of Prudencp Island (Fig. 5). Rhode Island -,arquired Hope Island in 1975 when it was abandoned as surplus property by t he Navy, which had used it as an ammunition depot during World War J I. The. bunkers, perifiieter road, and telephone poles o.n the island are remnants of this use. Hope's topography is very irregular, with numerous low hills, ledges, and rock outcrops. Maximum elevation is 60 feet., The shoreline is generally steep and rocky. Two small freshwater-wetlands exist in depressions in tile north central and south central portions of the island. Vegetation on Hope Islirid consists of grasses, sedges and low slrlru.@s of bayberry, rose, and poison ivy. The center of the island cogtairis tall shrubs arid sapling trees, including red cedar, staghorn sumac, shadbush, and black cherry. The dense ve3etation on dope Island is utilized by small game species, especially cottontail ralobit. The island is also valuable as a stopover point for iflgrating birds, including many kinds of warblers, vireos, and sparrows. FIGURE 4 PATIENCE ISLAND NORTH ------------- LEGEND 18 ft. Depth Mark ........ . Sandy Beaches Wetlands - salt 0 800 1600 feet Proposed Sanctuary water 0 250 500 Private Holdings w/Sanctuary ffffffffm meters FIGURE 5 HOPE ]SLAND','. LEGEND 18 ft. Depth Mark., .............. .. Wetlands f resh Concrete Bunkers Wading Bird Rookery Proposed Sanctuary -water 7 NORTH 0 400 800 feet' o- 100 250 meters 34 The most fitiportant feature of Hope Island is the large rookery of wading birds, one of the most significant nesting areas for wading bi"rds on the East@Coast. There are currently an estimated 1,000 pairs, includi-ng black-crowned night heron (382 pairs), little blue heron (43 pairs), great egret pairs) snowy egret (318 pairs), cattle egret (120 pairs), and glossy ibis (140 @airs)- Herring gulls and great black-backed gulls also nest on Hope Island, and common terns nest on exposed rocks offshore. Ospreys, which are not now found on Hope Island, are starting to reestablish themselves in the estuaries and coastal areas of southern New England. In the future, ospreys Imay establish nesting sites on Hope Island. To encourage thi-s, Rhode Island may leave standing some of the telephone poles installed on Hope Island by the Navy. Wintering harbor seals occasionally-use the exposed offshore rocks as haulout and resting sites. Soft-shell clains, lobster, bluefisih, striped bass, flounder, sea trout', and tautog are.abundant in the waters and bottoms around Hope Island,. B. Human Uses of_Na@2 @sett_@@ 1. History Narragansi@!tt Say has long provided the central theme around which much of the history andculture of Rhode Isla'nd is woven. 1ong before its first western visitor, Giovanni de Verrazzano, anchored his ships in Newport Harbor during the early spring of 1524,1native Americans lived, i huntel , and fished along its shores. Throughout the seventeenth and eighteenth centuries, as Roger Williams' colony of dissidents grew and prospered, the Bay remained a lifeline of commerce, com!-nunication, and transportation. All the.,early settlements huddled along its shores. The colony's political and cultural life revolved around the port towns of Newport and Providence. The imajority of the Bay islands were purchased From native Americans at a very early point in the state's history. -Major purchases of Hope, FoX, Oyer, and Prudence Islands by Roger Williams, Governor John Winthrop of Massachusetts, and Governor Caleb Carr of Rhode Island were negotiated with Chief Canonicus of the Narragansetr. trllbe. Prude.nce, Patience, and Hope Islands were named by Roger Williams. Most of the islands were cleared and 'farned well, into the nineteenth and even early twentieth centuries. Connanicut, Aquidheck, and Prudence Islands supported thriving agricultural communities. Archaeol o(j-i'cal,ly significant traces still rernain. The middle of Prudence Island became a summer colony for the wealthy of Providence and Bristol in the late 1800's. Early.in this century, a summer col ony of more !iiodest hoiiies developed al 6ng '.its eastern shore. Although proposals have been made to develop Patfonce Island, a combination 35 of factors--its poor access, poor soils, and lack of 'water--has kept it undeveloped except for the two summer homes it now has. The northern end of Prude 'nce Island has remained undeveloped for the.same reasons, but. Also because the land has been owned by a succession of people who wished to'maintai .n it in its es'sentially.undisturbed state. Hope 'Island is unsuitable for reside.ntial development. 2. Socioeconomic Characteristics Although the smaller islands of Narragansett Bay have.r*Omained un- developed, the shoreline has sustained intensive development, which began with the older cities and has since expanded outward. Industry and trade clustered around the Bay and its tributaries following the growth of popu- lation in these area,s and the concurrent growth of pools.of skilled labor. Abbut @'00,0 '00 people currently live in Rhode Island.and Massachusetts. communities bordering the Bay (554,000 in Rhode Island, and 146,000 in Ma,ssachu'set"ts.).. In Rhode Island, these towns and cities comprise about 60 percent of the entire State population. All of these. communi'ties are located within 15.rnile� of the pr*oposed'sanctuary. The two,largest cities-'Providence, R.I., and Fall River, Mass---are both located.12 miles from the island sites. a. Rhode Island Narragansett'Bay's strategic location and excellent harbors led to its early use as a base for U.S. Navy operations. The Navy was formerly the largest single employer in Rhode I.sland, and produced the highest level of dollar output directly attributable to the Bay. Following the -closure of major Navy bases in the Bay during 1974-77,,Rhode I -sland's population fel'l from.950,000 in 1970 to 935,000 in 197.8. Total State popula.tio.n is no .w stable, but considerable growth is occurring i n some parts of the State as people continue to ciove out of the older cities. Since World War :II, cities.such as Ce.ntral Falls, Newport, Providence, Pawtucket', and Woonsocket 'have lost population,. while towns,such as Coventry, Cumberland, East Greenwich, Middletown, Narragansett, North Kingstown, Portsmouth, Smithfield,.'and South Ki:ngston have'gained in population and new development. Percapita income in Rhode Island has been growing more slowly than in the Nation as a whole. In 1975,,Rhode Island's per capita income ($5,709),:.'was 97.4 percent of the nationwide per-capit.a income ($5,861), placing Rhode Is,la'nd twenty-sixth among the fifty States. Unemployment in,Rhode Island reached.a peak,of 11.1 percent in 1975., due to*the closing of the Naval bases'and the nationwide recession of 1974-75. Though Rhode Island's unemployment rate remains higher than the national average, the gap is narrowing. In 1978, Rhode Island's unemployment rate stood at 6.7 percent, compared.with a national average of 6.0 percent. 36 b. Portsmouth The proposed estuarine sanctuary is located within the Town of Portsmouth. The town economy, heavily dependent on a nearby Naval base, suffered severely when the base closed in 1974. Since then, Portsmouth has diversified its economic base. While the total number of jobs in Portsmouth remained almost unchanged from 1970 to 1975, it increased by 25'percent between 1975 and 1977. Major employers include firms devoted to electronics, boat building, wire manufacturing, and regional distribution of lumber products. 3. Current Uses of Narragansett Bay The lands around Narragansett Bay are used for intensive residential, industrial, and commercial development, including the urban areas of Warwick, Providence, Bristol, Fall River, and Tiverton. The former Navy base at Quonset/Davisville (3 miles west of northern Prudence and Patience Islands, and 1.5 miles from Hope Island) is being redeveloped as a major industrial area. It houses the maih support base for outer continental shelf oil and gas exploration in the Mid and North Atlantic areas. The existing airport at Quonset/Davisville is being expanded, and its flight path passes directly over Hope Island. Narragansett Bay itself supports extensive commercial shipping, sport and commercial fishing, and recreational boating. a. Commercial Shipping Passages between the islands of Narragansett Bay are sufficiently d eep to permit the navigation of large ships. Channel dredging'is necessary only at the mouth of the Providence and Taunton Rivers. Major ports in Narragansett Bay are Providence and East Providence at the head of the Bay, and Fall River and Tiverton in Mount Hope Bay. The value of the imports passing through the Bay in 1975 was more than $1 billion, with petroleum products the major import. The pri,ncipal shipping channel to these four ports passes 1.5 miles to the east of North Prudence Island. b. Commercial and Sport Fishing The Bay supports a rich sport fishery. The main sportfish catches are striped bass, bluefish, winter flounder, and tautog.* With the exception of two commercial menhaden seining vessels, there is no commercial finfishing in the vicinity of the proposed sanctuary. Limited commercial trawling takes place in the Bay to the south of the proposed sanctuary (See Fig. 6). FIGURE 6 NARRAGANSETT BAY FISHERY NORTH SHELLFISHERY RESTRICTIONS Prohibited Commercial Finfish Trawling Permitted Shellfish Dredging D. E M. Finfish Monitoring Area % 'M % . . . . . . . . . . p.pp % % ti % % % MASS 00. % 'A 0 2 3 4 5 miles 0 1 2 3 4 5 6 7 8j kilometers 38 By far the most important commerci al f i shery 'i ntile Bay is for quahogs, or hard-shell clams. The Upper bay contains some of the most productive quahog beds in the Bay. Total catch in 1978 was 2 million pounds, valued at $4.3 million. There are currently 300 full-time and 1,600 part-time quahoggers working the Bay. This fishery has been affected by water quality problems in the Upper Bay, which have resulted in permanent or conditional closure of significant portions of the potential shellfishing area. c. Recreational Boating There are about 28,000 recreational boats registered in Rhode Island in 1980, many of which are used in the Bay, as well as numerous boats from adjoining states. There are 50 private and 49 public boating facilities in Narragansett Bay or its tributaries. Recreational boating use is heavy in all parts of 'the Bay, while Newport, at the mouth of the Bay, is a center for international boating events such as the America's Cup races and the Newport-BerTnuda race. 4. Water Quality Water quality in most of Narragansett Bay is excellent, with 92 percent of the Bay classified as SA (highest) or SB (second highest). The,main exception is the Upper Bay, whose waters are polluted by inadequately treated sewage from Providence, and coiibined sewer overflows.fro.,n Providence, Pawtucket, and Central Falls during storms. Waters from the Providence River south to Gaspee Point are classified as SC, while the waters south from there to a line drawn connecting Rocky Point and Rumstick Point are classified as SB. North of this line, the Bay is permanently closed to shellfishing; south of this line to a line connecting 'Aarwick Point, Providence Point on the northern tip of Prudence Island and Popasquash Point, the waters are conditionally open for shellfishing, except that this conditional area is closed whenever rainfall of more than 0.5 inches occurs during any 24-hour period (See Fig. 7). Thus, the proposed estuarine sanctuary is just south of the transitional water quality zone in Narragansett Bay. The waters to the @east, west, and south are classified SA (except Potter Cove on northern Prudence, which is classified SB during the summer because of pollution from the recreational boats anchoring there), while those to the north are classified SB. 5. Land Use Of Prudence Island's 3,490 acres, about 1,327 acres on the northern and southern ends of the island are owned by the State, while,the remaining 2,163 acres are in private ownership. Within the 737 acres on northern Prudence Island proposed for inclusion in.the estuarine sanctuary, there are two privately owned parcels, amounting to 34 acres. Several hundred private homes are located along the eastern shore of central FIG*URE 7 NARRAGANSETT BAY SHELLFISH CLOSURE. AREAS NORTH Permanently Closed Areas- d Areas Conditionally Close % % . . ...... .... ......... ............... 0 (I @@*? 2 3 4 5 miles 0 1 2 3 4 5 6 7 8 kilometers 40 Prudence, while the interior of the island is generally divided into larger parcels of 100-300 acres. One 300-acre parcel is owned by the Heritage Foundation of Rhode Island, and protected for use and enjoyment by tile general public. Hunting is not permitted on the Heritage Foundation land. Prudence has a year-round population of about 50, while the summer population is about 1,000. Many people have winterized their summer homes, and now use them on weekends throughout the year, or rent them to hunters during the hunting season. All of Patience Island, except for 2 houses and 4 surrounding acres, is proposed to be purchased for inclusion in the estuarine sanctuary. The two private owners will continue to use their homes primarily in the summer and during the hunting seasons. All of Hope Island is owned by tile State, and the entire island is proposed to be included in the estuarine- sanctuary. 41 PART V: LIST OF.PREPARERS Franklin D. Christhilf - U. S. Department of Commerce Mr. Christhilf holds both the B.E. and M.L.A. degrees and has an extensive background in administration, particularly in the area of public policy. His background includes working as a professional engineer, as well as surveyor, and eight years experience as a member of a standing committee of the Arlington County Planning Commission, Arlington, Virginia. Primary responsibility in the preparation of this FEIS included overall direction, organization, and preparation of the report for publication. Mr. Christhilf had assistance f@om Mr. James W. MacFarland, Estuarine Sanctuary Program Manager, Ms. Gloria D. Thompson, Program Support Assistant, Ms. Christina Terpak and Mr. Gerard Milne, Summer Interns, all with the Estuarine Sanctuary Program Office, in preparing responses to comments received on the DEIS. Trevor Q. O'Neill - U.S. Department of Commerce Mr. O'Neill has a B.A. in Earth Sciences and was an environmental analyst with the Estuarine Sanctuary Program 6ffice. Mr. O'Neill has worked on coastal energy and planning projects for the New England River Basins Commission, the Governor's Office of Planning and Research in California, the Resources Agency of California, and the California Coastal Commission. In 1975, Mr. O'Neill prepared Draft and Final Environmental Impact Statements for tile Sapelo Island Estuarine Sanctuary in Georgia. Mr. O'Neill prepared the Affected Environment section and other parts of this document on the basis of materials provided by the State of Rhode Island, with the assistance of James W. MacFarland, Frank D. Christhilf, Richard S. Weinstein and Gloria D. Thompson of the Estuarine Sanctuary Program Office.. Judith S. Benedict - Rhode Island Department of Environmental Management Ms. Benedict has a B.A. in History and a Masters degree in City Planning. She is a planner with the Rhode Island Department of Ehviron- mental Management, and is currently preparing the management plan for the Bay Islands Park. Ms. Benedict has worked as a planner for the City of Ithaca, New'York, and the Heritage Conservation and Recreation Service in Washington, D.C., and on coastal management issues for the national office of the League of Women Voters in Washington, D. C. Ms. Benedict prepared most of tile material for this document, with the assistance of Mr. Robert L. Bendick, Assistant Director for Admini- stration, Mr. Victor A. Bell, Environmental Planner, and Mr. Donald Leighton, Landscape Architect, of Rhode Island's Department of Environmental Management; Mr. Richard Enser of tile Rhode Island Heritage Program, Mr. Stephen Olsen of the University of Rhode Island's Coastal Resources Center, and Mr. Prentiss Stout of t'he URI Sea Grant Marine Advisory Service. 43 PART VI: LIST OF AGENCIES, ORGANIZATIONS, AND PERSONS RECEIVING COPIES Federal Agencies Department of Army, Corps of Engineers Department of Commerce NOAA/Environmental Data and Information Service NOAA/National Marine Fisheries Service Department of Energy Department of Housing & Urban Development Department of the Interior Department of Transportation U.S. Coast Guard Environmental Protection Agency, Region I General Services Administration Congressional Honorable E. P. Beard Honorable John H. Chafee Honorable F. J. St. Germain Honorable Claiborne Pell Honorable Gardner Seveney State Agencies Portsmouth Town Council Prudence Improvement Association Prudence Island Police Department Prudence Park Homeowners Association State of Rhode Island & Providence Plantations, Department of Administration, Statewide Planning Program State of Rhode Island & Providence Plantations, Departmen@ of Environmental Management--Assistant Director for Operations, Division of Boating Safety, Division of Coastal Resources, Division of Enforcement, Division of Fish, and Wildlife, Division of Parks and Recreation, Division of Pl.anni.ng and Development, Fish and Wildlife, and Water Qual'ity State of Rhode Island & Providence Plantations, Executive Chambers State of Rhode Island & Providence Plantations, Historical Preservation Commission Town of Abington, Massachusetts Town of Portsmouth - Solicitor Industrial Groups Atlantic Richfield Company 44 State Interest Groups Audubon Society of Rhode Island Coalition of Coastal Communities Conservation Law Foundation Rhode Island Lobsterman Association Rhode Island's Fisherman's Association Rhode Island Shellfisherman's Association, Inc. Save The Bay, Inc. Residents John Antaya Stephen B. Leslie Charlotte and Daniel Barrett Dorothy Little Beverley and Rick Bowen Judith Little Robert Curry Jennifer Lowe Donald D. Deignan Kenneth Lowe Margaret and Louis DelPapa T. W. Lyons, Jr. Judith DiPrete Marjorie Nuttall Leonard DiPrete Eric and Charlotte Olson Mary Drew Grafton and Audrey Rice Marcy Dunbar Linda Rice Barbara Ellsworth David and Mary Sargent Sumner Ellsworth Woody Sargent Farnham Family Captain and Mrs. Manuel Sausa Cecilia and Daniel Finn Andrew Scott Mrs. Archie Friswell Albert and Lillian Sims Jean and Don Friswell James T. Starke Sandy Fyfe Frederick and Margaret Stevenson Mark Goldberg Sandy Stevenson Wallace E. Guertin Grace Scott Marie Hawkes D. David Walker Margaret and Robert Heile Constance William Paul Hoxsie Dudley A. Williams Albert Huftalen George Williams Richard E. Jenness Carol K. Willin Geraldine and Martin Johnson Barbara and Charles Worcester Ruth E. Just Cynthia M. Worcester Jannett C. Korchinsky John Zompa Mary and Douglas Lawrence Newspapers Newport Daily News (David Corr) Providence Journal (Katherine Gregg) The Fall River Herald News (Curt Brown) 45 PART VII: APPENDICES I. Estuarine Sanctuary Program Guidelines II. Bay Island Park System III. Rhode Island Water Quality Standards IV. Educational Programs for the Proposed Estuarine Sanctuary V. Responses to Comments Received on the Narragansett Bay Draft Environmental Impact Statement I I I 2 APPENDIX I Estuarine Sanctuary Guidelines, 1974 and 1977 -- It I 920.61 Title 15-Commerce and ForeignTrade Chapter IX-m-No0onal Oceanic, Atmospheric. Adm. � 921.3 necessary to the objectives of the grant (v) For each task, indicate the esti- Subpart A-Goneral � 921.3 Objectives and Implementation of project.* As 'used herein the terms mated.total cost. Also, indicate the es- the program. "cost" and "grant project" pertain to timated total month&of effort, if any. � 921.1 Policy and Objectives. (a) General. both the Federal grant and the match- allocated to -the task from the appli- e safic The purpose of the es- ing share. The, allowability of cost will cant's staff. The estuarine sanctuaries program tuarin tuaries program is to be determined in accordance with the (2) The sum of all task costs in the will provide grants to States on a create natural field laboratories in provisions of FMC 74-4: Cost Princl- above paragraph should equal the which to gather data andmake studies matching basis to acquire, develop and of the natural and human processes pies applicable to Grants and Con. total estimated grant project cost; operate natural areas as estuarine tracts with State- and Local Govern- (3) Using two categories, Profession- sanctuaries in order that scientists and occurring within the estuaries'of the ments, and with the guidance con- al and Clerical, indicate the total students may be provided the opportu- coastal.. zone.. This shall be accom- tairled in section 920 42(b)(3). number of personnel in each category nity to examine over a period of time plished by the establishment of a on the applicant's staff that will be as series of estuarine sanctuaries which (f) .@ The Form SP-424, Application the ecological relationships within the will be designated so that at least one for Federal Assistance (Non-Construc- signed to the grant project. Also indi- area. The purpose of these guidelines representative of each'type of estuar- tion Programs), constitutes the formal cate the number assigned full time is to establish the rules and regula- ine ecosystem will endure into the application and must be submitted 60 and the number assigned less than full tions for implementation of the pro- future for scientific and educational days prior to the desired grant begin- time in the two categories. Additional- gram. purposes. The primary use of estuar- ning date. The application must be ac- ly, indicate the number of new posi- tions created in the two categories as a � 921.2 Definitions. ine sanctuaries shall be for research compani6d by evidence of compliance result of the grant project. and educational purposes, especially to with A-9@ requirements including the (a) In addition to the definitions provide some of the information essen- resolution - of any problems raised by found in the Act and in the regula- tial to coastal zone management d6cl- the propos .ed project. The Associate PART 921-ESTUARINE SANCTUARY tions dealing with Coastal Zone Man- sion-making. Specific examples of such Administrator will not accept applica- GUIDELINES agement Program Development purposes and uses include but are not tion substantially deficient, in adher- Subpart A-*enoral Grants published Novem. 'ber 29, 1973 limited to: enbe to A-96 requirements. (Part 920 of this chapter) the term (1) To gain a. thorough understand- (g) In Part IV, Program Narrative of Sec. "estuarine sanctuary" as defined in ing of the ecological relationships the Form SP-424, the'applicant should 921.1 Policy and objectives. the Act, means a research area which within theestuatine environment. repond to the following requirements: 921.2 Definitions. may include -any part or .all of an .estu- (2) To make baseline ecological mea- (11.) Set forth a work program de. 921.3 Objectives and implementation of ary, adjoining transitional areas, and surements. scribing the activities to,be undertak- the program. (3) To hioni6r..significant or vital en durin 'the grant period. This work 21.4 Biogeographic classification. adjacent uplands, constituting to the changes In' the estuarine environment. , 9 extent feasible a natural 9 Multiple use. unit, set aside programshall include: to provide scientists and students the (4) To assess the effects of man's 921.6 Relationship to other provisions of stresses on"the ecosystem and t6 fore- (I) A precise description of each the Act and to marine sanctuaries. opportunity to examine over a period major task to .be undertaken.to resolve of time the . ecological relationships cast. and mitigate possible deteriora- section 306 deficiencies. and a specific. Subpart 11-@-Appllcatlon for Grants within the area. tion from human activities. timetable for remedying these defi- - (5) To provide a vehicle for Increas-: 921.10 General. (b) For the purposes of this section, Ing public knowledge and awareness of clencies; 921.11 Application for initial acquisition, "estuary" means that part of a, river or the complex nature of estuarine sys- Qi) A precise description of iniple- development and operation grants. strearn or other body of water having tems, their values and benefits to man mentation. activities for approved man- 921.12 Application for subsequent develop- unimpaired connection with the open and nature, and the problems which agement components, including a dem-, ment and operation grants. sea where the seawater is measurably confront them. onstration that these implementation 921.13 Federally owned lands. diluted with freshwater derived from (b) The emphasis within the pro- funds will not 66 applied outside the 921.14 Application time schedule and pro- land drainage. The term includes estu- gram will be on the designation as es. approved coastal management bound- cedure. . , ary- -type areas of the Great Lakes as tuarine sanctuaries of areas which will aries; Subpart C-Selection Criteria well as lagoons in more and coastal re- serve as natural field laboratories for (III) A precise description of any gions. studies and investigations over 'an ex- other tasks necessary for and allow- 921.20 Criteria for selection. (c) The term "multiple use" as used tended period. The area chosen as an able under subsection 305(d); , 921.21 Public participation. in this section shall mean the simulta- estuarine sanctuary shall, to the Ov) For each task. identify any Subpart D-Opera .tion neous utilization of an area or re- extent feasible, include water and land "Other Entities," as defined in the source for a variety of compatible pur- masses constituting a, natural ecologi- "Manual," that will be allocated re- 921.30 General. poses or to provide more than one cal unit. sponsibility for carrying out all or por- .921.31 Changes in the sanctuary boundary, benefit. The term implies the long- (c) In order that the estuarine sanc- tions of the task, and indicate the esti- management 'policy or -research pro- tuary will be available for future stud- Ch gram. term, continued uses of such resources mated cost of the subcontract for ea 921.32 Program review.' in such a fashion that other -uses will ies. research involving the destruction allocation. Identify, if any, that por- not interfere with, diminish or prevent of any portion of an estuarine @anctu- tion of the task that will be,carried AUTHORITY: Sec. 312, Pub. L 92-583, as the primary purpose, which is the ary -which would permanently after out under contract with consultants amended; 86 Stat. 1280 (16 USC 1461). long-term protection of the area for the nature of the ecosystem shall not and indicate the estimated cost of SOURCE: 39 FR 19924, June 4, 1974, unless scientific and educational use. normally be permitted. In the unusual such contract(s); and otherwise noted. circumstances where permitted. ma- � 921.4 Title 15-Commerce and Foreign Trade Chapter IX-National Oceanic, Atmospheric Adm. � 921.11 nipulative field research shall be care- careous sands, maris and coral reefs; coastal zone management and resource use occasion may establish marine sanctu- fully controlled. No experiment which marshes and mangroves', tropical biota. aad may on occasion be necessary. aries to complement the designation involves manipulative research shall 5. Louisianian. Northern Gulf of Mexico, (b) There shall be no effort to bal- by States of estuarine sanctuaries, be initiated until the termination date from Cedar Key to Mexico; characteristics ance or optimize uses of an estuarine where this may be mutually beneficial. of 3, with components of 4; strongly influ- sanctuary on economic or other bases. is specified and evidence given that enced by terrigenous factors; biota primar- All additional uses of the sanctuary Subpart B-Application for Grants the envirorunent will be returned to Its ily temperate. c-rndition which existed prior to the 6. Californian. South Pacific coast from are clearly secondary to the primary experiment. Mexico to Cape Mendocino; shoreland Innu- purpose and uses, which are long-term � 921.10 General. (d) It is anticipated that most of the enced by coastal mountains; rocky coasts maintenance of the ecosystem for sci- Section 312 authorizes Federal areas selected as sanctuaries will be with reduced fresh-water runoff; general ab- entific and educational uses. Non-com- grants to coastal States so that the relatively undisturbed by human activ- sence of marshes and swamps; blots, temper- patible uses, including those uses ities at the time of acquisition. There- ate. which would cause significant short or States may establish sanctuaries ac- fore. most of the areas selected will be - 7. Columbian. North Pacific coast from long-term ecological change or would cording to regulations promulgated by areas with a minimum of development, Cape Mendocino to Canada: mountainous otherwise detract from or restrict the the Secretary. Coastal States may file Industry or habitation. shoreland; rocky coasts; extensive algal com- use of the sanctuary as a natural field applications for grants with the Direc- munities. biota primarily temperate with tor, Office of Coastal Zone Manage- (e) If sufficient permanence and con- some boreal. laboratory, will be prohibited. ment, National Oceanic and Atmos- trol by the State can be assured, the 8. Fiords. South 7oast Alaska and Aleu- pheric Administration, U.S. Depart- acquisition of a sanctuary may involve tians; precipitous mountains; deep estuaries, � 921.6 Relationship to other provision, of less than the acquisition of a fee some with glaciers; shoreline heavily indent- the act and to marine sanctuaries. ment of Commerce, Rockville. Mary- land 20852. That agency which has simple Interest. Such interest may be. ed and subject to winter Icing; blots, boreal (a) The estuarine sanctuary program been certified to the Office of Coastal for example, the acquisition of a con- to sub-Arctic. must interact with the overall coastal Zone Management as the entity re- servation easement, "development 9. Subarctic. West and north coasts of zone management program in two sponsible for administration of the Alaska; ice stressed coasts; blota Arctic and ways: (1) the intended research use of State coastal zone management pro- rights", or other partial interest suffi- sub-Arctic. cient to assure the protection of the 10. Insular. Larger islands, sometimes the sanctuary should provide relevant gram may either submit an applica- natural system. Leasing, which would with precipitous mountains; considerable data and conclusions of assistance to tion directly, or must endorse and ap- not assure permanent protection of wave action; frequently with endemic spe- coastal zone management decision- prove applications submitted by other the system, would not be an accept- cies; larger island groups primarily with making, and (2) when developed, the agencies within the State. able alternative. tropical biota. State's coastal zone management pro- 11. Great Lakes. Great Lakes of North gram must recognize and be designed � 921.11 Application for initial acquisition, � 921.4 Biogeographic classification. America; bluff-dune or rocky, glaciated to protect the estuarine sanctuary; ap- development and operation grants. (a) It is intended that estuarine shoreline; limited wetlands; freshwater only; propriate land and water use regula- (a) Grants may be awarded on a biota a mixture of boreal and temperate tions and planning considerations matching basis to cover the costs of ac- sanctuaries should not be. chosen at species with anadromous species and some random.. but should reflect regional marine invaders. must apply to adJacent lands. Al- quisition, development and operation differentiation and a variety of ecosys- though estuarine sanctuaries should of estuarine sanctuaries. States may tems so as to cover all significant vari- (b) Various sub-categories will be de- be incorporated into the State coastal use donations of land or money to sat- ations. To ensure adequate representa- veloped and utilized as appropriate. zone management program, their des- isfy all or part of the matching cost re- tion of all estuarine types reflecting ignation need not await the develop- quirements. regional differentiation and a variety � 921.5 Multiple use. ment and approval of the management (b) In general, lands acquired pursu. of ecosystems, selections will be made (a) While the primary purpose of es- program where operation of the es- ant to this section, including State by the Secretary from the following tuarine sanctuaries is to provide long- tuarine sanctuary would aid in the de- owried iands but not State owned sub- biogeographic classifications: term protection for natural areas so velopment of a program. merged lands or bay bottoms, that that they may be used for scientific (b) The estuarine sanctuaries pro- occur within the proposed sanctuary 1. Arcadian. Northeast Atlantic coast and educational purposes, multiple use gram will be conducted in close cooP- boundary are legitimate costs and south to Cape Cod, glaciated shoreline sub- ject to winter icing; well developed algal of estuarine sanctuaries will be en- cration with the marine sanctuaries their fair market value may be includ- flora; boreal biota. couraged to the extent that such use is program (Title III of the Marine Pro- ed as match. However. the value of 2. Virginian. Middle Atlantic coast from compatible with this primary sanctu- tection, Research Act of 1972, Pub. L. lands donated to or by the State for Cape Cod to Cape Hatteras; lowland ary purpose. The capacity of a given 92-532, which is also administered by inclusion in the sanctuary may only be streams. coastal marshes and muddy bot- sanctuary to accommodate additional the Office of Coastal Zone Manage- used to match other costs of land ac- toms; characteristics transitional between I uses, and the kinds and intensity of ment, NOAA), which recognizes that quisition. In the event that lands al- and 3; biota primarily temperate with some such use. will be determined on a case certain areas of the ocean waters, as ready exist in a protected status, their boreal representatives. by case basis. While it is anticipated far seaward as the outer edge of the value cannot be used as match for 3. Carolinian. South Atlantic coast, from that compatible uses may generally in- Continental Shelf, or other coastal sanctuary development and operation Cape Hatteras to Cape Kennedy; extensive clude activities such as low intensity waters where the tide ebbs and flows, grants, which will require their own marshes and swamps; waters turbid and pro- ductive; biota temperate with seasonal recreation, fishing, hunting, and wild- or of the Great Lakes and their con- matching funds. tropical elements. life observation, it is recognized that necting waters, need to be preserved or (c) Development and operation costs 4. West Indian. South Florida coast from the exclusive use of an area for scien- restored for their conservation. recre- may include the administrative ex- Cape Kennedy to Cedar Key: and Caribbean tific or educational purposes may pro- ational, ecologic or esthetic values. It penses necessary to minitor the sanc- islands; shoreland low-lying limestone; cal- vide the optimum benefit to coastal is anticipated that the Secretary on tuary, to ensure its continued viability � 921.12 Title 115-Commerce and Foreign Trade Chapter IX7-Hational Oc.0anic, Atmospheric Adm. � 921.14 and to protect the integrity of the eco- gram or within other Federal. State or and to protect Ithe integrity of the eco- tions received between January 1 and system. Research will not normally be private programs, which are located in system. Extensive management pro- June 30 of any year will be considered funded by Section 312 grants. It is an- the same regional or biogeographic grams, capital expenses, or research together beginning July 1 of that year: ticipated that other sources of Feder- classification. will not normally be funded by section applications received between July I al, State and private funds will be (i) It is essential that the opportuni- 312 grants. and December 31 will be considered to- available for research in estuarine ty be provided for public involvement (b) After the creation of an estuar- gether beginning January I of the fol- sanctuaries. and input in the development of the ine sanctuary established under this lowing year. (d) Initial appi *ications should con- sanctuary proposal and application. program, applications for such devel- (b) All applications received during tain the following information: Where the application is controversial opment and operation grants should any application period will be subject (D.Description of the proposed sanc- or where controversial issues are ad- include at least the following informa- to simultaneous review and considera- tuary. include location, boundaries, size dressed, the State should provide ade- tion: tion. At the end of each application and cost of acquisition, operation and quate means to ensure that all inter- (1) identification of the boundary. period, a suitable number of applica- development. A map should be includ- ested parties have the opportunity to (2) Specifications of the manage- tions, based on the level of funding ed, as well as an aerial photograph, if present their views. This may be in ment program, including managing available, will be selected for further available. the form of an adequately advertised agency and techniques. review and processing. Unless suffi- (2) Classification of the proposed public hearing. (3) Detailed budget. ciently distinguished as major subcate- sanctuary according to the biogeo- 0i) During the development of an es- (4) Discussion of recent and project- gories, no more than one application graphic scheme set forth in � 921.4. tuarine sanctuary application, all land- ed use of the sanctuary. from each biogeographic category will (3) Description of the major physi- owners within the proposed bound- (5) Perceived threats to the integrity be selected for final processing during cal, geographic and biological charac- aries should be informed in writing of of the sanctuary. each review period. Normally, the ap- teristics and resources of the proposed the proposed grant application. plications selected will be processed sanctuary. (iii) The application should indicate � 921.13 Federally owned lands. and the grants awarded within 6 (4) Identification of ownership Pat- the manner in which the State solicit- (a) Where federally owned lands are months from the end of the applica- terns; proportion of land already in ed the views of all interested parties a part of or adjacent to the area pro- tion period, that is before the next the public domain. prior to the actual submission of the posed for designation as an estuarine review period begins. Applications (5) Description of intended research application. sanctuary, or where the control of which are not selected for processing uses, potential research organizations (e) In order to develop a truly repre- land and water uses on such lands is may be resubmitted for consideration or agencies and benefits to the overall sentative scheme of estuarine sanctu- necessary to protect the natural during the next review period. coastal zone management program. aries, the States should attempt to co- system within the sanctuary, the State (c) At least ninety (90) days prior to (6) Demonstration of necessary au- ordinate their activities. This will help should contact the Federal agency submission of an application under thority to acquire or control and to minimize the possibility of similar maintaining control of the land to re- this section, an applicant state must manage the sanctuary. estuarine types being proposed for quest cooperation in providing coordi- notify in writing the OCZM, appropri- (7) Description of proposed manage. designation in the same region. The nated management policies. Such ate state and regional A-95 clearing- ment techniques, including the man- application should indicate the extent lands and State request, and the Fed- houses. and other states within the agement agency, principles and pro- to which neighboring States were con- eral agency response, should be identi- same biogeographic category (see posed budget including both State and suited. fied and conveyed to the Office of Table 1) of its intention to file an ap- Federal shares. M Discussion, including cost and Coastal Zone Management. plication for an estuarine sanctuary (8) Description of existing and po- feasibility, of alternative methods for (b) Where such proposed use or con- grant. Such notification should in- tential uses of and conflicts within the acquisition, control and protection of trol of federally owned lands would clude at least the identification of the area if it were not declared an estuar- the area to provide similar uses. Use of not conflict with the Federal use of state agency -applying for the grant; ine sanctuary; potential use, use re- the marine sanctuary authority and their lands, such cooperation and co- the geographic location of the pro- strictions and conflicts if the sanctu. funds from the Land and Water Con- ordination is encouraged to the maxi- posed sanctuary and its boundaries; ary is established. servation Fund Act should be specifi- mum extent feasible. proposed objectives of the sanctuary, 0) Assessment of the environmental cally addressed. (c) Section 312 grants may not be including intended research uses; esti- and socio-economic impacts of declar- awarded to federal agencies for cre- mated cost of sanctuary; and estimat- ing the area an estuarine sanctuary, �921.12 Application for subsequent delvel- opment and operation grants. ation of estuarine sanctuaries in Fed- ed date for submission of application. including the economic impact of such erally owned lands; however. a similar Copies of the A-95 notifications to the a designation on the surrounding com- (a) Although the initial grant appli- status may be provided on a voluntary state and regional clearinghouse munity and its tax base. cation for creation of an estuarine i basis for Federally owned lands under would be considered sufficient and de- (9) Description of planned or antici- sanctuary should include initial devel- the provisions of the Federal Commit- sirable notification to OCZM and to pated land and water use and controls opment and operation costs. subse- tee on Ecological Preserves program. the other states. for contiguous lands surrounding the quent applications may be submitted proposed sanctuary (including if ap- following acquisition and establish- � 921.14 Application time schedule and TABLE I-LiST OF STATES By BiorEOGRAPHIC propriate an analysis of the desirabil- ment of an estuarine sanctuary for ad- procedure. CLASSIFICATION ity of creating a marine sanctuary in ditional development and operation (a) Effective January 1, 1975, the 1. Acadian-Maine, New Hampshire. Mas- adjacent areas). funds. As indicated in �921.11, these review and selection of estuarine sanc- sachusetts. (10) List of protected sites, either costs may include administrative costs tuary applications will be conducted 2. Virginian-Massaebusetts. Rhode within the estuarine sanctuaries pro- necessary to monitor the sanctuary on a twice yearly basis. All applica- Island. Connecticut. New York. New Jersey, � 921.20 Title 115-Commerce and Foreign Trade 1i Chapter IX-National Oceanic, Atmospheric Adm. � 921.32 i Delaware, Maryland. Virginia. North Caroll- ed that in practice the average grant tuary program shall be notified of the (h) Provide adequate authority and np. will be substantially leas than this. public hearing. The public notice shall intent to enforce management policy 3. Carolinian-North Carolina, South (e) Enhancement of non-competitive contain the name, address and phone and use restrictions. Carolina. Georgia. Florida. uses. number of the appropriate Federal 4. West Indian-Florida. Puerto Rico, Virgin Islands. (f) Proximity and access to existing and State officials to contact for addt- 1921.31 Changes In the sanctuary bound- 5. Louisianian-Florida, Mississippi, Ala- research facilities. tional information about the proposal. ary, management policy or research barna. (g) Availability of suitable altema- program. 6. Californian-Callfornia. tive sites already protected which 7. Columblan-Callfornia. Oregon. Wash- Subpart D-Operation (a) The approved sanctuary bound- might be capable of providing the aries; management policy, Including Ington. same use or benefit. Unnecessary du- 8. Plord-Alaska. plication of existing activities under � 921.30 General. permissible and prohibited uses; and 9. Sub-Aretic-Alaska. other programs should be avoided. Management of estuarine sanctuar- research program may only be 10. insular-Hawaii, Guam, American However, estuarine sanctuaries might ies shall be the responsibility of the changed after public notice and the Samoa. Wisconsin, be established adjacent to existing applicant State or its agent. However, opportunity of public review and par- 11. Great Lakes-Minnesota, ticipation such as outlined in 1921.21. Michigan. Illinois, Indiana. Ohio, Pennayl- preserved lands where mutual en- the research uses and management vania. New York. hancement or benefit of each might program must be In conformance with (b) Individuals or organizations occur. these guidelines and regulations. and which are concerned about possible (d) The Director of OCZM may, (h) Conflict with existing or poten- others Implemented by the provisions improper use or restriction of use of upon the finding of extenuating cir- tial competing uses. of individual grants. It is suggested estuarine sanctuaries may petition the cumstances relating to applications for (I) Compatibility with existing or that prior to the grant award, repre- State management agency and the assistance. waive appropriate adminis- proposed land and water use in contig- sentatives of the proposed sanctuary Office of Coastal Zone Management trative requirements contained herein. uous areas. management team and the Office of directly for review of the management (39 FIR 45214. Dec. 31,1974) If the Initial review demonstrates the 1 Coastal Zone Management meet to dis- Program- feasibility of the application. an envi- cuss management policy and stand- Subpart C-Selft-tion Criteria ronmental impact statement will be ards. It is anticipated that the grant � 921.32 Program review. prepared by the Office of Coastal provisions will vary with Individual cir- It is anticipated that reports will be 921.20 Criteria for selection. Zone Management in accordance with cumstances and will be mutually required from the applicant State on a Applications for grants to establish the National Environmental Policy agreed to by the applicant and the regular basis, no more frequently than estuarine sanctuaries will be reviewed Act of 1969 and implementing CEQ granting agency. As a minimum, the annually, on the status of each estuar- and judged on criteria including: guidelines. grant document for each sanctuary ine sanctuary. The estuarine sanctu- (a) Benefit to the coastal zone man- shall: ary program will be regularly reviewed agement program. Applications should � 921.21 Public participation. I (a) Define the intended research to ensure that the objectives of the demonstrate the benefit of the propos- Public participation will be an essen- purposes of the estuarine sanctuary. program are being met and that the al to the development or operations of tial factor in the selection of estuarine (b) Define permitted. compatible, re- program itself is scientifically sound. the overall coastal zone management sanctuaries. In addition to the partici- stricted and prohibited uses of the The key to the success of the estuar- program. including how well the pro- pation during the application develop- sanctuary. ine sanctuaries program is to assure posal fits Into the national program of ment process (�921.11(e)), public par- (c) Include a provision for monitor. that the results of the studies and re- representative estuarine types: the na- ticipation will be ensured at the Feder- ing the uses of - the sanctuary, to search conducted in these sanctuaries tional or regional benefits; and the al level by the NEPA process and by ensure compliance with the intended are available in a timely fashion so usefulness in research. public hearings where desirable subse- (b) The ecological characteristics of quent to NEPA. Such public hearings uses. that the States can develop and ad- the ecosystem, including its biological shall be held by the Office of Coastal (d) Ensure ready access to land use minister land and water use programs of the sanctuary by scientists, stu- for the coastal zone. Accordingly, all productivity, diversity and representa- Zone Management in the area to be af- dents and the general public as desir- information and reports. including tiveness. Extent of alteration of the fected by the proposed sanctuary no natural system, its ability to remain a sooner than 30 days after it issues a able and permissible for coordinated annual reports, relating to estuarine viable and healthy system in view of draft environmental impact statement research and education uses, as well as sanctuaries shall be part of the public the present and possible development on the sanctuary proposal. It will be for other compatible purposes. record and available at all times for in- of external stresses. the responsibility of the Office of (e) Ensure public availability and spection by the public. (c) Size and choice of boundaries. To Coastal Zone Management, with the reasonable distribution of research re- the extent feasible, estuarine sanctu- assistance of the applicant State, to suits for timely use in the develop- PART 922-MARINE SANCTUARIES aries should approximate a natural issue adequate public notice of its in- ment of coastal zone management pro- ecological unit. The minimal accept- tention to hold a public hearing. Such grams. Subpart A-General able size will vary greatly and will public notice shall be distributed (f) Provide a basis for annual review depend on the nature of the ecosys- widely, especially in the area of the of the status of the sanctuary, its See. tem. proposed sanctuary'. affected property value to the coastal zone program. 922.1 Policy and objectives. (d) Cost. Although the Act limits the owners and those agencies, organiza- (g) Specify how the integrity of the 922.2 Programmatic objectives. Federal share of the cost for each tions or individuals with.an identified system which the sanctuary repre- sanctuary to $2,000,000, it is anticipat- interest in the area or estuarine sane- sents will be maintained. 45522 PROPOSED RULES DEPARTMENT OF COMMERCE., exceed 50 percent of the acquisition costs (2) By revising Subpart B-Applica- involved. Any . State receiving an initial tion for Grants-as follows: National Oceanic and Atmospheric grant shall be@ obligated i@ to repay it if, Administration Subpart B-Application for Grants I . due to any f ault,of the State, the sanctu 25 CFR Part 921 ary is not established. 921-10 General. ESTUARINE SANCTUARY GUIDELINES As a result of this new grant procedure, Section 315 authorizes Federal grants much more information relating to costs, to coastal States so that the States may Policies and Procedures for Selection values, management procedures, and re- establish sanctuaries according to regu- Acquisition and Management search programs will be available at ' the lations promulgated by the Secretary. time of the publication of a draft en- Coastal States may file applications for AGENCY: National Oceanic and Atmos- vironmental impact statement. Proposals grants with the Associate Administrator pheric Administration, Department of Commerce. made public to date in the form of an for Coastal Zone Management (OCZM), Environmental Impact Statement (EIS) Office of Coastal Zone Management, Page ACTION: Proposed rule. have been criticized for lack of specificity 1, 3300 Whitehaven Parkway NW, Wash- SUMMARY:. . This proposed rule. will in these areas. By making a small pre- ington, D.C. 20235. That agency which allow the National Oceanic and Atmos- liminary acquisition grant to a State, has been certified to the Office of Coastal pheric Administration to make a pre- the estuarine sanctuary proposal can be Zone Management as the entity respon- liminary acquisition grant to a State to more fully developed and the public can sible for administration of the State undertake a fair market value appraisal, become more aware of the costs and the coastal zone management program may and to develop a uniform relocation act exact nature of the long-term manage- either submit an application directly, or plan, a detailed management plan and a ment. must endorse and approve applications research framework for a proposed estu- In response to State questions about submitted by other agencies within the arine sanctuary, developed pursuant to estuarine sanctuary research, the pro- State. Section 315 of the Coastal Zone Manage- posed regulations provide that such re- � 921.11 Application for preliminary ment Act of 1972, as amended. search can be funded if it can be shown I I to be related to Program administration. acquisition grants. DATE: Comments must.be received on or NOAA has reviewed these proposed (a) A grant may be awarded on a before October 1, 1977. regulations pursuant to the National En- matching basis to cover costs necessai-j FOR FURTHER INFORMATION CON- vironmental Policy Act of 1969 and has to preliminary actual acquisition of land. TACT: determined thaV promulgation of these As match to the Federal grant, a State. regulations will have no significant im- may use money, the cost of necessary Robert R. Kifer, Physical Scientist, pact on the environment. services, the value of foregone revenue, Policy and Programs Development Of - Compliance with Executive Order and/or the value of land either already fice, Office of Coastal Zone Manage- 11821. The economic and inflationary in its possession or acquired by the State ment, 3300 Whitehaven Parkway, Page impact of these proposed regulations has specifically for use in the sanctuary. If One Building, Washington, D.C. 20235 been evaluated in accordance with OMB the land to be used as match already is (202-634-4241). Circular A-107 and it has been deter- in the State's possession and is in a pro- SUPPLEMENTARY INFORMATION: mined that no major inflationary im- tected status, the State may use such On June 4, 1974, The National Oce- pact will result. land as match only to the extent of any anic and Atmospheric Administration Dated-'August26,1977. revenue from the land foregone by the (NOAA) published 15 CPR Part 921 en- State in order to include it in the sanc- titled, "Estuarine Sanctuary Guidelines" T. P. GLEITER, tuary. Application for a preliminary ac- Pursuant to then section 312 of the Assistant Administrator quisition grant shall be made on form Coastal,Zone Management Act of 1972, for Administration. SP 424 application for Federal assistance as amended, for the purpose of establish@ It is proposed-to amend 15 CFR Part (11011-construction programs). ing policy and procedures for the selec- 921 as follows:. (b) A preliminary acquisition grant tion, acquisition, and management of (1) By revising the table of contents may be made for the defrayal of the estuarine sanctuaries. and authority citation to read as follows: cost of: Under new subsection 315(l) of the Subpart A-General (1) An appraisaJ of the land, or of the Act, the Secretary of Commerce is au- Sec. value of any foregone use of the land, thorized to make available to, coastal 921.1 Policy and objectives. to be used in the sanctuary; States,grants of up to 50 per centurn of 921.2 Definitions. the cost of acquisition, development, and 921.3 Objectives and implementation of (2) The development of a Uniform operation of estuarine sanctuaries. - In the program., Relocation Assistance and Real Property general, subsection 316(l) provides that 921.4 Biogeographic classification. Acquisition Policies Act plan; 91rants may be awarded to States,on a 921.5 Multiple use. (3) The development of a sanctuary 921:6 Relationship to other provisions of management plan; matching basis to acquire, develop, and the Act and to marine sanctuaries. operate natural areas,as estuarine sanc- (4) The development of a research and tuaries in order that scientists and stu- Subpart B-Application for Grants educational program; and/or, dents may be provided the opportunity 921.10 General. (5) Such other activity of a pr@limi- to examine over a period oftime ecologi- 921.11 Application for preliminary acquisi- nary nature as may be approved in writ- cal. relationships within . the area. -The tion grants. Purpose of these guidelines is to ' 921,12 Ap Ip.lication for land acquisition mg by OCZM. Any grant made Pursuant imple7 grants, to this subsection shall be refunded by ment this program. grants. the State to whatever extent it has spent 921.13 Application,for operational As a result - of. two years of program 921.14 Federally-ow@ned lands. in relation to land not acquired for the implementation, the regulations are pro- 1 1. S ubpart C-Selection Criteria sanctuary, and if OCZM requests such posed to be modified to specifically au-, 921.20 Criteria for selection. ref und. thorize the . granting of - acquisition 921.21 Public participation. (c) The application should contain: money to States in two stages: ; I @ (1) Evidence that the State has con- W An. initial grant for such prelimi- Subpart D--Operation. ducted a scientific evaluation of it:; estu- nary purposes,.as surveying and assess- 921.30 General. aries and selected one of those most rep- 921.31 Changed'in the sanctuary boundary, ing the land to be acquired,-and the de@- management policy, or reseexch resentative. velopment of management 'procedures program- (2) Description of the proposed and research programs; and - 921.32 Program review. sanctuary including location, Proposed (h) A second grant for'the,actual a6-* AuTHoRiTy: Sec. 315 (1), Coastal Zone Man- boundaries, and size. A maP(s) should quisition of the land. The Federal share@ agement Act of 1972,'as amended (go stat. be included, as well as an aerial photo- of the sum of the -,two grants shall.: not 1030, (16 U.S.C.-,1461) Pub. L. 94-370). graph if available. FEDERAL REGISTER,.VOL,42i, NO.: 17,5-_-RIDAY, SEPTEMBER 9, 1977 PROPOSED RULES 45523 (3) Classification of the proposod public domain; fair market value ap- conflict with the Federal use of their sanctuary according to the biogeo- praisal and Uniform Relocation Act plan. lands, such cooperation and coordination graphic scheme set forth in � 921.4. (3) Description of research programs, is encouraged to the maximum extent (4) Description of the major physical, potential and committed research or- feasible. geographic, biological characteristics and ganizations or agencies, and benefits to (c) Section 315 grants may not be resources of the proposed sanctuary. the overall coastal zone management awarded to Federally-owned lands: how- (5) Demonstration of the necessary pro.-ram. ever, a similar status may be provided on authority to acquire or control and man- (4) Description of proposed manage- a voluntary basis for Federally-owned age the sanctuary. ment techniques, including the manage- lands under the provisions of the Federal (6) Description of existing and poten- ment agency and proposed budget-in- Committee on Ecological Perserves tial uses of. and conflicts within, the eluding both State and Federal shares. program. area if it were not declared an estuarine '5) Description of planned or antici- � 921.20 [Amended] sanctuary: and potential use rertriction i)ated land and water use and controls and conflicts if the sanctuary is estab- for contiguous lands surrounding the (4) Subpart C-Selection C,.ite.-ia-is lished. proposed sanctuary (including, if appro- amended by changing the first sentence (7) List of protected sites, either with- priate, an analysis of the desirability of in � 921.20 to read: "Applications for in the estuarine sanctuaries program or creating a marine sanctuary in adjacent preliminary acquisition or land acquisi- within other Federal, State, or private areas). tion grants to establish estuarine sanc- programs, which are located in the same (6) Assessment of the environmental, tuaries will be reviewed and judged on region or biogeographic class i,.-.z cation. and socio-economic impacts of declaring criteria including: " (8) The manner in which the State the area an estuarine sanctuary, includ- (5) Section 921.21 is revised, as fol- solicited the views of interested parties. ing the economic impact on the sur- lows: (9) In addition to the standard A-95 rounding community and its tax base. review procedure!-,,. the grant application (7) Discussion, including cost and � 921.21 Public participation. should be sent to the Statel-li@;L,)-ic Pres- feasibility of alternative methods for ac- (a) Public participation in the selec- ervation Office for comment to insure quisition and protection of the area. tion of an estuarine sanctuary is re- compliance with section 106 of the Na- � 921.13 Application for operalion quired. In the selection process, the se- tional Preservation Act of 1066. grants. lecting entity (see � 921.10) shall seek (d) In order to develop a truly repre- the views of possibly affected landown- sentative scherne of estuarine sanctu- (a) Although an acquisition grant ap- ers, local governments, and Federal aries, the States should coordinate their plication for creation of an estuarine agencies, and shall seek the views of pos- activitie.s. This will help to minimize the sanctuary should include initial opera- sibly interested other parties and orga- possibility oc -imilar estuarine tvpes be- tion costs, subsequent applications may nizations. The latter would include, but ing propo:@ci in the same region. The be submitted following acquisition and need not be limited to, private citizens extent to which neighboring States were establishment of an estuarine sanctuary and business, social, and environmentaJ consulted should be indicated. for additional operational funds. As in- organizations in the area of the site be- 921.12 Application for land ac( dicated in 1,; 921.11, these costs may in- ing considered for selection. This solici- tion grants. clude administrative costs necessary to tation of views may bc acccrnpii shed by monitor the sanctuary and to protect the whatcv@@r means the selecting entity (a) Acquisition grants, will hc made '@o integrity of the ecosystem. Extensive deems appropriate, but shall include at acquire land and facilities for estuarine management programs, capital expenses, I.-ast one public hearing in the area. No- sanctuaries that have been thoroughly or research will not normally be funded , described in a preliminary acquisition by section 315 grants. Lice of such hearing shall include infor- grant application, or where equivalent (b) After the creation of an estuarine mation as to the time, _place, and subject matter, and shall be published in the information is available. Application for sanctuary established under this pro- principal area media. The hearing shall an acquisition grant shall be made on gram, applications (Form SF 424) for be held no sooner than 15 days follow- SIR 424 application for Federal assist- Federal assistance (non -construction ing the publication of notice. ance (construction program). program), for such operational grants (b) The Office of Coastal Zone Man- In general, lands acquired pursuant to should include at least the following in- agement (OCZM) shall prepare draft this subsection are legitimate costs and formation: and final environmental impact state- their fair market value, developed ac- (1) Identification of the boundary ments pertaining to the site finally se- cording to Federal appraisal standards, (map). lected for the estuarine sanctuary fol- may be included as match. The value of 12) Specifications of the research and lowing public participation in the selec- lands donated to the State and cash do- management programs, including man- tion of that site, and shall distribute nations may also be used as match. If aging agency and techniques. these as appropriate. OCZM may hold a the State already owns land which is to (3) Detailed budget. be used in the sanctuary, the value of (4) Discussion of recent and projected public hearing in t1he area of such site at any use of the land foregone by the State use of the sanctuary. which both the draft environmental im- in order to include such land in the (5) Perceived threats to the integrity pact statement (DEIS) and the merits- sanctuary, capitalized over the next 20 of the sanctuary. of the site selection may be addressed by those in attendance. OCZM shall hold years, may be used by the State as � 921.14 Federally-owned lands. such a hearing if: (1) In its view, the match. The value of lands purchased by a. State within the boundaries of pro- (a) Where Federally-owned lands are DEIS is controversial. or (2) if there ap- posed sanctuaries while an application a part of or adjacent to the area proposed pears to be a need for further informina for a preliminary acquisition grant or for designation as an estuarine sanc- the public with regard to either the DEI� land acquisition grant is being consid- tuary, or where the control of land and or one or more aspects of the site se- ered may also be used as match. water uses on such lands is necessary to lected, or (3) if such a hearing is re- (b) An acquisition application should protect the natural system within the quested in writing (to either the select- contain the following information: sanctuary, the State should contact the ing entity or (CZM) by an affected or in- (1) Description of any changes in pro- Federal agency maintaining control of terested party, or (4) for other good posed sanctuary from that presented in the land to request cooperation in provid- cause. If held, such hearing shall be held the preliminary acquisition grant appli- ing coordinated management policies. no sooner than 30 days following the is- cation. If such an application has not Such lands and State request, and the suance of the DEIS and no sooner than been made, then, information equivalent Federal agency response, should be iden- 15 days after appropriate notice of such to that required in such a grant applica- tified and conveyed to the Office of hearing has been given in the area by tion should be provided. Coastal Zone Management. OCZM with the assistance of the select- (2) Identification of ownership pat- (b) Where such proposed use or con- ing entity. terns, proportions of land already in the. trol of Pederally-owned lands would not . [FR Doc.77-26123 1P11ed 94-77;8:45 am] FEDERAL REGISTER, VOL. 42, NO. 175--FRIDAY, SEPTEMBER 9, 1977 1. I APPENDIX II Bay Island Park System I Although t.he idea of.a Bay Islands-Park has been discussed for more than a decade, the Park received its f -irst,offici.al,.recognition with.the appearance@ in 1976 of The.Bay Islands Park: A.Marine Recreation.Plan for the State,of Rhode Island, prepared by the University of Rhode Island's Coastal Resourpe's Center and the Department of Environmental Management. This. report created a conceptual;framework for the.Park's development, and recommended that the State acquire several key parcels. Since then, Rhode Island has.acquired 624 acres on southern Prudence Island and 186 acres at Beavertail from the U.S. Department of the Interior's Heritage Conservation and,Recreation Service, has.purchased or received through,donation more than 700 acres on northern Prudence Island, and hopes to purchase Patience Island later in 1980. By the fal.1 of 1980, then, Rhode Island will own 2,185 acres on six islands in Narragansett Bay. The sites, their acreage, and,their current.. status-are listed in the following,chart:- Site Island Location , Acreage Current Status Southern Prudence Prudence Island Park Planning Northern Prudence Prudence Island 728 Park-Planning; Management Area Patience Patience Isla.nd 207 To Be Acquired Hope Hope Island 94 Park; Management Area Fort Adams Aquidneck Island 132 Master Plan Complete; Development Underway; Completion Date 1985 Brenton Point Aquidneck Island 53 State Park Fort Wetherill Conanicut Island 51 State Park Beavertail Conanicut Island 186 Master Plan Complete; Development Underway; Completion Date 1985 Dutch Dutch Island 110 Park Planning; Management Area These nine sites vary considerably in both natural character and the cultural legacy reflecting past human use of each island. Development of the Park will emphasize and enhance that variety, so that within the Park people can experience a wide range of recreational and cultural opportunities: historic fortifications at Fort Adams, open ocean coastline at Brenton Point, Fort Wetherill and Beavertail, or the solitude and wildlife of northern Prudence, Patience, and [lope Islands. Four of-the sites -- Fort Adams, Fort Wetherill, Brenton Point, and Beavertail -- can be reached by car, and are already completed parks or under development. 'Public transportation will be provided to the other five sites, which can only be reached by boat. Current plans call for a ferry system that will link southern Prudence to Providence, Newport, North Kingstown, and Portsmouth. Transportation to Patience and Hope Islands will be provided from southern Prudence, and Dutch Island will be accessible from Jamestown (Fort Getty). The chart on the following page indicates the activities proposed for each site. Solid black circles indicate activities which will be permitted at each site. Partially filled circles indicate activities for which decisions are pending. The absence of a circle signifies that the activity will not be permitted at that site. Southern Prudence, as the center for the Park and the proposed estuarine sanctuary, is expected to have the greatest number of visitors and the broadest range of activities. Northern Prudence, Patience, and Hope Islands, which would constitute the proposed estuarine sanctuary, will have fewer visitors, and the major activities will be interpretative education programs. ul trj:U 0 LO "I w (n In cl) U) 0 1 @ i@ 0 LA La f- 4(A tam IOU ILA A' :C k 14 6. 1,. ti M 1'. m M Mrf ID cl ft 1@ CA " a rt rr 4. 't ri I"L W :1 j 0 10 H 0 lb M IL- IIIM U) tTI IA In 0 rl 11 ki P. ti et m w 0 tj 0 11. ki I-. @L X) uq tj il- rf k.. 1) M cl El C) @r 1-h (a0 C: lwj 4 Qq 0 0 ti M li I,. rt UQ uq (A rf Ill (A P. t rt rt tj Iq 0 u to tl I.'. H. w 0 0 uci H. ri H. (D U 0 900 00 0 00 00-1 00 0 0 0 0 0 00 I APPENDIX III Rhode Island Water Quality Standards Rhode Island Water Quality Standards Sea Water Criterion Class SA/SAm Class SB Class SC 1 Di ssol ved oxygen Not less than 6.0 Not less than 5.0 Not less than 5mg/l during mg/l at any time. mg1l at any time. at least 16,hours of any 24-hour period for less than.4 mg/l at any.time. 2. Sludge deposits- None allowable None allowable None,expept t .hat. amount solid refuse- that may result from the floating solids- discharge.. from a waste oils-grease-scum treatment, facility pro- viding'appropriate treatment. 3. Color and None in such concen- None in suc h concen- None in such,concen- turbidity trations that 'woul d trati'o6� that would tration's that would impair any usages i.mpair any usages impair any usages specifically assigned specifically assigned specifically assigned to this Class., to this Class. to this Class. 4. Coliform bacteria Not to exceed a median Not to exceed a median None in such concen- per 100 ml MPN of 70 and not more value of 700 and not trations that would than 10% of the samples more than 2300 in more impair any usages shall ordinarily exceed than 10% of the samples. specifically assigned an MPN of 230 for a 5-tube to this Class. decimal dilution or 330 for a 3-tube decimal dilution. 5. Fecal coliform A median of 15 per 100 ml A median value of, 50 per bacieria/100 ml in*not more than 10% of 100 ml an*d'not more than the samples exceeding 500 per 100 ml in 10% 50 per 100 ml.* of the samples collected.* *Guide, pending further research. Rhode Island Water Quality Standards Sea Water Criterion Class SA/SAm Class SB Class SC 6. Taste and odor None allowabl'e None in such concen- None in such concen- trations that would trations that would impair any usages impair any usages specifically assigned specifically assigned to this Class and none to this Class and none that would cause taste that would cause taste and odor in edible fish and odor in edible or shellfish. fish or shellfish. 7. pH 6.8 - 8.5 6.8 - 8.5 6.5 - 8.5 8. Temperature increase: None except where the increase will not exceed the recommended limit on the most sensitive receiving water use -and in no case exceed 83 degrees F or in any case raise the normal temperature more than 1.5 degrees F, 15 June through September and not more than 4 degrees F from October through 15 June. All measurements shall be made at the boundary of such mixing zones as is found to be reasonable by the Director. 9. Chemical None in concentrations None in concentrations None in concentrations constituents or combinations which of combinations which or combinations which would be harmful to would be harmful to would be harmful to human, animal or aquatic human, animal or aquatic human, animalor aquatic life or which would make life or which would make life or which would make the waters unsafe or the waters unsafe or the waters unsafe or unsuitable for fish unsuitable for fish or unsuitable for fish or or shellfish or their shellfish or their prop- shellfish or their prop- propagation, impair agation, or impair the agation, or impair the the palatability of water for any other usage water for any other usage same, or impair the waters assigned to this Class. assigned to this Class. for any other uses. Q APPENDIX IV Educational Programs for the Proposed Estuarine Sanctuary M Educational Programs for the Proposed Estuarine Sanctuary (Prepared by the State of.Rhode Island) Rhode Island students have a strong marine awareness.,-accomplished through ''the efforts of individual teachers, assisted-by the Marine Education'Specialist at the University bf,Rhode',Isla*nd'1s.M6rihe Advisory Service.. Almost every' schooll.in Rhode' Island hasI had'at least one .lecture-sppnsored b Iy the Rhode Is1and,Coast a-1 Resources,Management Council and mahaged`by@ the'Mariine Advisory Service. buring various'work@shops and field days, many Rhode Island teachers have,been instructed on methods of incorporat,ing the marine world into their teaching. A genuine interest'-is present, and in view of the. rowing number of ;- 9 g inquiries from the Rhode Island educational communi,ty, We anticipate a continuing strong interest, in the marine world. Establishment of the proposed sanctuary,woUl'd. sig,n4lcantly increase public understa;nding of estuarine processes and t-he"Vital influence of Narra- ganseti Bay on the Ocean State's residents.. In the total view of'education, few sites exist where the@users can have actual field experiences. Field as classroom work, trips can be as valuable butare often foregone.due to a lack of suitable sites,,as-well as teacher c on.cerns about taking students on Jield trips. Some sites within the proposed estuarine sa-nctuary and Bay Islands Ra-rk@system are admirably suited to field2trips. Historically, school field'trips for younger - stud'ents'have had 1*ittle standing within the educational process, so that as-budgets-become strained these a@re among the first "extras" to be deleted'from'thecturriculum. Further deletions result from rising fuel costs and bus expenses.- However,-the proposed estuarine sanctuary and Bay Island Park system can reverse this situation. Almost 60% of the State's 178,000 school-age children live within 15 miles of Providence. The proposed access to some of the island sites by ferry could cut travel costs significantly. Uses of selected sites in the sanctuary and Park system would include traditional and innovative study programs. Traditional programs would include beach field trips, marsh studies, and intertidal biology. With marine studies already in place in Rhode Island schools, there is little doubt that the Park and sanctuary sites would be used. Innovative programs would include total immersion programs permitting students to spend longer periods of time on-site in study programs that would complement existing school programs. Other programs could include two-week summer programs offered at various island sites. Given the multi-disciplinary nature of marine studies, few traditional courses taught in today's school system are entirely without applicability to marine studies. I Narragansett Bay's marine environment has, and will continue to play, an important role in Rhode Island's historical perspective. The advent of the proposed sanctuary and Park system can add a new and exciting role to the Ocean State's educational goals. By using these sites, Rhode Island students can gain a better understanding of the role of water in the functioning of the State. Year-round programs should be considered. Schools are traditionally closed during t'he warmer months. The climate of Rhode Island, though, does allow extension of a school study season well into December, and the season could be,resumed in the middle of March. School'oriented 'sites could accomo- date students from September until mid-December, and from mid-March until June. Summer programs should also be considered. There are case studies in trhe Northeast to support such year-round educational programs. The joint effort between the Greater Providence YMCA and the University of Rhode Island's MaHne Advisory Service, called SEASCOPE, is such a program. Starting in March 1980 at the YMCA's Camp Fuller on Point Judith Pond,,this program will introduce Rhode Isla'nd students to the world of salt water. Project Oceanology at Avery Point in Groton, Connecticut also runs continuous marine programs throughout the year. Massachusetts, Maine and New Hampshire have similar programs. With regard to curriculum development and availability, there is a vast array of materials. The Marine Awareness' Center at the Bay Campus of the University of Rhode Island houses the largest collection of marine study materials in the United States. If Rhode Island is truly to be the Ocean State, its students must learn and understand as much as they can about the marine environment. The proposed Estuarine Sanctuary and Bay Islands Park system can play a vital role in this important educational process. APPENDIX V RESPONSES TO COMMENTS RECEIVED ON THE NARRAGANSETT BAY ESTUARINE SANCTUARY DRAFT ENVIRONMENTAL IMPACT STATEMENT APPENDIX V Responses to Comments Received on the Narragansett Bay Estua.rine Sanctuary Draft.Environmental Impact Statement This section summarizes'the. written and verbal-comments re .ceiVed on the Draft Environmental. Impact Statement (DEIS) and provides OCZM's response to these comments.. Generally, responses are made in one or more of the following ways: (1) Expansion, clarif'ication, or revision of the DEIS, (2) General responsesto.comments raised by several reviewers, and (3) Specific responses to -the i,ndivi.dual comments made,by each reviewer. All written comments received'on the.DEIS will be published as a' compendium and mailed to all.persons Who commented on the DEIS, or a.nyone else upon request. The following are some of tile most common issues raised',by,reviewers: GENERAL COMMENTS AND RESPONSES A. Concern over impact of the Bay Islands Park on the Estuarine Sanctuary. The letters and public hearing comments from residents on Prudence Island consistently support 'ed tile es-,tablishment of an estuarine sanctuary (many wanted it to.include the southern-end of Prudence) and almost unanimously opposed the heavy use of the southern end of Prudence' as a recreational park and the connection of theestuarine sanctuary to the Bay Islands Park system. It is feared that'thousands of.people will come to the southern end of the island and interfere with the privacy and safety of both.the full-time.and.part-time 'residents on central Prudence Island, especially if they travel in large numbers through the 1sland to. the northern end. Concern also was expressed by some of the residents as'well a s Federal and State agencies that the relationship of the est 'uarine sanctuary to the Bay Islands Park system wouldcreate a perception that the sanctua"ry was primarily for recreation and that heavy use as a recreation area would degrade the enviro 'nment and interfer'e-with research in the sanctuary.. In other words,,t.he purposes of -the sanctuary are considered incompatible with the overall phil.osophy of the Bay Islands Park.. With respect to the use of the southern end of Prudence Islan@, as a park site, this area is en,tirelly outside of the sanctuary boundaries and,,, therefore, is beyond t,he sco-pe of th.is.environmental impact statement. Any comments o,r concerns regarding the southern end of Pr *udence Island should be sent,directly tol.the'Assist@nt Director for Administration in' the Department, of Envir.onmental M .anagemerit (DEM),. This also applies to -@suth activities as fires, camping, transpo'rtAtion, and island services'. (See B, C, and D below.) 2 On the basis of the comments regarding maintaining the integrity of the estuarine.sanctuary ecosystem, DEM has agreed: (1) to do an extensive inventory of the natural and cultural resources on the islands before deciding how many persons will be given public access to the islands and for what purposes they will be allowed to visit. This inventory will be undertaken as soon as possible after estuarine sanctuary establishment. (2) to establish the'estuarine sanctuary as an entity in itself, meaning that it will be given special management attention as a research and educational area with permitted recreational activities being monitored carefully to minimize any impact on the natural environment. To help insure this special management attention, the Sanctuary Manager will have direct access to the DEM Assistant Director for Operations. The State, within fiscal and management constraints, will make every possible effort to hire an estuarine sanctuary manager whose sole respon- sibility will be the estuarine sanctuary. This management arrangement, together with the local representative on the Sanctuary Advisory Committee should go a long way towards being responsive to the concerns expressed in the above comments. B. DEM's proposal to install bus service between the southern and northern ends of Prudence Island. Most of the residents on Prudence Island opposed DEM's proposal to establish a bus service to take visitors to the northern end of Prudence Island on a regular schedule. Reasons cited for opposing this idea included public use of private property ("driftways" are considered by some Island residents as "private"), noise and pollution from an otherwise clean and quiet residential community, fear of non-island residents invading private lots and doing damage, and degradation of the environment generally. Concern was raised also about the whole subject of transporting many people to the island each day via bay ferry boats and the possibility that the island would be inundated with people. Because of the concern of Prudence Island residents, the proposal to use a bus service to transport people from the south to the north end of Prudence has been dropped. The main transportation to northern Prudence, whether from the southern end of Prudence or from other ferry embarkation points in the Bay, will be by boats. Furthermore, no transportation will be given to people arriving on the Prudence Island Ferry, which docks at Middle Prudence Island, to either the north or south end of Prudence. A small van (8-10 people) would be available on the south end of Prudence to take small groups occasionally (on an ad hoc, not a regular schedule basis) to northern Prudence, but this type of transportation would be restricted to an "as needed" basis. I'n using the van, DEM will assure that no private rights or property are violated. 3 For the concerns regarding the impact of bringing thousands of people to the southern end of Prudence, see General Response A above. It should also be noted that a much smaller-number of people Will be allowed access to the sanctuary sites than will be accommodated at Southern Prudence. C. Concern over allowing camping, open fires, and a hostel on Prudence Ts' Fa_n c7 the overwhelming majority of Prudence Island residents were opposed to campfires and camping on Prudence Island, and many also expressed opposition to having a hostel on South Prudence. The concern about camping and fires was primarily related to the very real danger that unattended fires could spread, especially i-n a high wind, and destroy life and property. The other major concern was over trespassers.. Obviously, this is of concern to people who live on the island. Because of this valid concern the idea of having a few primitive campsites on North Prudence was dropped. No camping will be provided or allowed on North Prudence. Campi-ng that has been done traditionally at Potter Cove will be restricted or prohibited. After a study and thorough evaluation of the impact on the environment, grou .p camping for educational purposes, with continuous DEM approval and supervision may be allowed on Patience Island on a limited basis. The concern about camping, fires, and a hostel on the southern end of Prudence Island must be addressed to the Assistant Director for Administration in DEM who has responsibility for planning the Bay'Islands Park. (See General Response A above.) D. Responsibility for,Public Services to Sanctuary Visitors The Town of Portsmouth and some of the residents of Portsmouth expressed concern over-the added demand for services that the influx of people to the sanctuary and the park will require. Specifically mentioned was the possibility of need for medical and other emergency services for those using the sanctuary, additional fire and police protection (these services are extremely limited on the island), adequacy of water supply and water disposal. Because of the restrictions that will now be imposed on the number of persons who travel to North Prudence (by boat and van) and the prohibition of1fires and camping within the sanctuary on North Prudence, it is not likely that the sanctuary per se will place much of an additional strain, on the services for which the Town of Portsmouth is responsible. However, there still will be some added cost for services,,'and DEM is able and willing to help. For example, if someone has to be taken off the island in an -emergency, Whether visitor or resident, DEM has vessels that can be used for this purpose*. It will be necessary for DEM and the Town of Portsmouth to reach a formal agreement on how additional services required by the sanctuary will be handled. This understanding will be made formally before the acquisition grant is awarded. 4 With regard to the services required on the southern end of Prudence Island, this also will have to be determined by DEM and the Town of Portsmouth. However, this area is outside of the sanctuary boundaries and beyond the scope of this FEIS. (See General Response @ above.) Summary of Specific Comments and Responsi@@. FEDERAL AGENCIES Department of the_@rmX,__@ew England Division, C!j@ of_@aqjnter@. Joseph L. Ignazio, Chief, Planning Division, (7/2/80) Comment - Unclear as to sanctuary restrictions that may be i,,;iposed upon maintenance dredging of the Providence and Taunton River channels. Response - Dredging activity in the Providence and Taunton River is outside the jurisdiction of the estuarine sanctuary. This inforination has been added in the FEIS. Comment - The application of the policies in the Rhode Island Coastal Resources Management Plan to the proposed action should be discussed in more detail on page 28. Response Comment accepted and more discussion is provided in the FEIS. Comment Field personnel should supervise research and education in the proposed sanctuary in the interest of preservation of species and their habitat. Response - Supervision of research and education activities within the sanctuary will be provided by DEM. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service Terry L. Leitzell, AssistaiTt -Administrator, (7/21/80) Comment - Establishment of an estuarine sanctuary in this area would have a positive effect on minimizing adverse fii1pacts to resources of concern to NMFS: i.e., fisheries and associated habitats. Response Comment accepted. Comment The DEIS'provides for a NOAA representative on the Sanctuary Advisory Committee (SAC). Our regional office has agreed to commit staff resources for NMFS representation on the SAC, but is concerned about adequately representing OCZM- Response - NMFS and OCZM headquarters staff have agreed to work out an arrangement so that both NMFS and OCZM interests are adequately represented. 5 Department of.Commerce, National Oceanic and Atmospheric Administration, Environmental Data and Information Service Richard M.. Morse, (6/19/80) Comment - Dynamic description of the 5ay system for assessment purposes are somewhat lacking. There is no discussion of currents, circulation, flushing rates or wave characteristics.' Response - We believe that the description of the Bay system for FEIS purposes is sufficient. A more detailed description will be included in the research plan. Department of Energy R. D. Langenkamp, Deputy A 'ssistant Secretary for Resource Development and Operations, Resource Applications (7/25/80) Comment - The DEIS is inadequate in discussing relationships between the proposed sanctuary and existing and possible future uses of the former Navy Base at Quonset/Davisville. DEIS does not analyze the potential environmental impacts from such expanded onshore support operations. Specifically, the final impact analysis should indicate that the sanctuary management policies apply only to the sanctuary area and will not conflict with current and future use 'of the Quonset/Davisville site as an onshore OCS support site. DOE cannot support designation of the sanctuary until they can review a specific analysis of the relationships between the. proposal and support site operations. Reseonse - It isdifficult to examine the relationships between a proposed action, the Narragansett Bay Estuarine Sanctuary, and an unknown proposal such as facility expansion at Quonset/Davisvil.le in the event commercial oil and gas resources are discovered.- We are aware of the potential for expansion, since OCZM itself.has funded, through the Coastal Energy Impact Fund, studies relating to the impact of such development in Narragansett Bay. Since the estuarine sanctuary will be managed under existing State law, it is felt the sanctuary itself will not have any adverse impact on the Quonset/Davisville. site, or to future expansion at the site. However, it should be ''made clear that the sanctuary is managed according to State law and affected by certain Federal laws (i.'e., Endangered Species Act, Clean Water Act). Any impacts arising from an expansion in the Quonset/Davisville area will be measured against such laws, not the estuarine sanctuary. The following statemeInt. has been added to the FEIS, "Estuarine sanctuary management policies only apply ta land and water within the sanctuary boundaries and they wil-1 not conflict with current and future uses of the Quonset/Davisville site as an onshore OCS support site." Again, it is important to recognize that there are no "Federal laws" that.come into being within an estuarine sanctuary--it is Stateowned and managed under State law. Therefore, if there are concerns over impacts created by the expansion of the Quonset/Davisville site, they will be by State agencies (including the Department of Environmental Management) using existing statutes, or other Federal agencies using their statutes. 6 The Planning and Development Division within DEM is.working closely with the Rhode Island Department of Economic Development on all proposed activities at the Quonset/Davisville site. DEM is part of the review process, which was established by a formal Memorandum of Understanding to review all aspects of expansion at Quonsett/Davisville. DEM has indicated that it is difficult to envision any problems arising from estuarine sanctuary establishment relating to any of the proposals for the Quonset/Davisville area. Department of Housing and Urban Development Trudy McFall, Acting Director, Office oT-Planning and Program Coordination, (6/12/80) Comment HUD concurs in the proposed sanctuary plan. Response Comment accepted. Deeartment of the Interior James H. RathlesE-erger, Special Assistant to the Assistant Secretary (7/15/80) Comment - We have reviewed the draft environmental impact statement for the proposed Narragansett Bay Estuarine Sanctuary (NBES), and we commend NOAA's efforts to develop policies to provide effective management of an estuarine sanctuary incorporating disjunct habitats and land masses. Response Comment accepted. Comment References to actual regulations and/or guidelines are rather vague, and it is unclear whether they should be statutory or advisory. The FEIS should discuss any regulations drafted or adopted for the Bay Islands Park system, and they should be referenced or included in the Appendix. Response - Comment accepted. See General Response A. The FEIS discusses the effects of the Bay Islands Park regulations which are referenced in the Appendix. Comment - The FEIS should have a discussion of handling NBES violations, assessing fines monitoring visitor traffic to Hope and Patience Islands to prevent congestion and overuse (no staff will be on duty on these islands), and possible user conflicts and visitor safety (e.g., is hunting explicitly prohibited in hiking areas)? Response - See General Responses B and C. The FEIS discusses enforcement of violations, user conflicts, and safety. 7 Comment - Does the described ferry system exist and is it consistent with the State's Coastal Resources Management Plan? The FEIS should also discuss whether schedules will be adjusted to avoid congestion at the disembarking point at S.outh Prudence. Response The ferry system is not in conflict with the State's Coastal Resources Management Plan. Schedules are discussed in the FEIS. Comment - Since the park/sanctuary is located along scheduled ferry routes and may be a stopover as well as a final destination point, the FEIS should discuss the need for adequate parking areas,- road development and traffic control. Response - Automobiles will not be allowed on.the island, except those owned__Fy residents. Therefore, parking areas and traffic control are not required. Comment - Existing docks at the sanctuary islands were noted on map figures in the DEIS, but were not-discussed in the-text. As proposed, access to the islands would occur via the ferries and would thus necessitate docking facilities capable of handling large-boats. Are the existing structures adequate? Also, will the,proposed route and docking procedures avoid areas considered critical? For example, we question the location of the dock area on Patience since it is apparently adjacent to the saltwater marsh containing one of the only three sites in Rhode Island where the seablite (Sauda maritima) occurs.(DEIS, p. 32). Response - Existing docking facilities are not adequate and will be improved before they are used to bring visitors to the islands. The dock on Patience will be used only for small boats and people will be guided. by a pathway away from the saltmarsh mentioned in your comment. Comment - Th e emphasis the proposal places on hunting seems somewhat irregular since the area is to be set aside essentially for research and public appreciation for portions of the estuary and its related ecosystems. Department of Commerce regulations allow for hunting, fishing.and non- consumptive activities as long as these activities are -secondary to the research and educational objectives for which the sanctuary would be established. Response - Hunting has existed on the islands for a long time and is very controlled. For example, on North Prudence, deer hunting is by bow and arrow only, plus one week for paraplegics to hunt with firearms. The number of deer killed on North Prudence during the 1979-80 hunting season was 30. With no hunting, the deer herd would overpopulate and ruin the. flora on the island. Comment - Due to the geologic structure of the islands, island freshwater suppli'e-s are especially limited in summer, a period when peak visitation is anticipated. Since visitors must be provided with drinking water and hygiene facilities, water needs will increase. The FEIS should discuss how much additional capacity will be necessary and how it will be supplied. Response - Comment accepted. See General Response D. 8 Comment - The premise that monitoring activities and research in NBES would provide baseline data for other areas is commendable. However, insufficient discussion is provided about mitigation for events occurring in surrounding areas, such as tanker traffic in the channel east of NBES or the industrial area to the west of NBES. These should be detailed in the FEIS. Response - Comment accepted. Tanker traffic effects are mentioned in the FEIS and will be monitored by DEM. Comment - According to the Estuarine Sanctuary Guidelines in Appendix I, -the applicant should list protected sites in the same regional or biogeographic subregion (Subpart B921.11(d)). This list and a map depicting the boundaries of Virginian biogeographic classification should be included in the FEIS to allow some type of comparative analysis of the importance of the Narragansett Bay Estuarine Sanctuary. Response - Comment accepted. This list is available from DEM upon request. Its inclusion in the FEIS was not felt to be relevant by this office. Comment - The DEIS does not show how the proposed sanctuary is "truly representative" of the type of region being considered to "minimize the possibility of.similar estuarine types being proposed for designation in the same region" (Subpart B921.11(e)). The Virginian classification encompasses all or portions of nine states and the potential for the identification of other representative areas would thus appear highly likely. Clarification of the selection and designation process in the FEIS, or appended, would add helpful decisionmaking information about the Estuarine Sanctuary Program. Response - The discussion of the Virginian classification and the selection process both nationally and within tfie Sta e has been expanded in the FEIS. Comment - It appears that the proposed Sanctuary Advisory Committee (SAC) may be too unwieldy (15 or more people). We recommend consideration of the use of a set of contact persons from interested,groups, etc., as an alternative. Response - Comment accepted. An expanded discussion of the Sanctuary 7Uvisory Committee appears in the FEIS. De2artment of Transportation, U.S. Coast Gu -ard Commander S.L. Richmond, GZM Ufficer, First Coast Guard District, Boston, Massachusetts, (7/3/80) Comment - The Coast Guard presently maintains a system of aids to navigation including some within the proposed sanctuary. The Coast Guard must continue to perform maintenance on existing aids to navigation and may 9 from time to time in' the future find it necessary to establish additional. aids or disestablish some of the present aids. The toast Guard relationship to the sanctuary in this area'should be addressed. Response - We do,not'foresee any problems with the Coast Guard's aids to navi5-a-Firon within the proposed sanctuary. Whatever understandings currently exist between the Coast Guard and the State of Rhode Island regarding navigation aids will continue-without change within the sanctuary. Comment - Requests that we review specifics outlined in Appendix I of their letter, Coast Guard District One OPLAN No. l-FY which specifies duties and authorities-of the Coast Guard and .advise ihem of any conflicts envisioned with the maintenance of these duties and responsibilities within the proposed sanctuary. Response - OCZM has reviewed the specifics outlined in Appendix 1. We do not envision any conflicts with the CG's duties and responsibilities within the proposed sanctuary. Comment - The main commercial ship navigat,ion channels to Providence and _G_a_v"1`sv_Tlle, Rhode Island, come within 1 1/4 miles of the proposed sanctuary. If any possible conflicts between the needs of the sanctuary and the use of these commercial*channels is envisioned, it should be addressed. Response - We do not foresee any conflicts between the needs of the sanctuary and the use of these commercial channels, which is stated in the FEIS. Comment - The Coast Guard should7be represented on the Sanctuary Advisory Committee. Response Comment accepted. Environmental Protection Agency, Region I Wallace E. Stickney, P.E., Director, Environmental and Economic Impact Office, Boston, Massachusetts, (7/10/80) Comment Rates DEIS as Lack of Objections, Insufficient Information, LO-2. Response Comment accepted. The information base has been substantial'ly enlarged in the FEIS. Comment The ability of the Narragansett Bay sanctuary to represent a nati'on--al control against which changes in other estuaries can be measured, and to aid in evaluating the impacts of human activities on the estuarine systems is questionable, especially in light of the extensive multiple- use and public recreation benefits which are anticipated. 10 Response - We believe the Narragansett Bay sanctuary offers a controlled area with ample opportunity to conduct research that will provide information against which other areas in the bay can be measured when human activities have caused degradation of the estuary. Multiple use will be controlled whenever it interferes with this research activity. Comment - The proposed sanctuary is in a heavily impacted estuary, subject to industrial and domestic wastes, commercial and recreational vessel traffic, and periodic spills of hazardous and harmful chemicals. EPA believes the proposed land acquisitions are inadequate to preclude continuation of these impacts, and the sanctuary will continue to be subject to these effects. Alternative estuaries which can be acquired in toto, water, shorelines, and watershed should be evaluated even if they are much smaller than Narragansett Bay. Response - We agree that Narragansett Bay is a heavily used estuary, subject to the impacts described in the comments. Yet, the area encompassed by the sanctuary has been amazingly spared from these impacts. Preserving these islands as a sanctuary will assist in National, State, and local efforts to protect them from degradation and provide a control point in the middle of all of the bay to begin looking at some of the problems that were mentioned. The amount of land acquisition is limited by the financial resources (Federal and State) and the availability of willing sellers. The discussion on alternative sites within the State has been expanded in the FEIS. Comment - A comparison to other alternative estuarine sanctuaries within t 'Fe @iogeographic classification region should be contained in the FEIS. Concerned whether the proposed sanctuary is the best representative of the Virginian biogeographic classification. DEIS lacks comparison to Virginian estuaries in other eight states within this classification. Response - The process of selecting a representative site for a National Estuarine Sanctuary is complicated. Within'a biogeographic region as extensive as the Virginian region, extending over 1,000 miles of coastline with a wide diversity of estuaries significantly different from each other, there is no one estuary that "best" represents the region. We use a system of subcategories and look for estuaries that can represent at least a portion of the region. The selection of a site also depends upon State participation, which in turn requires States to contribute 50% of the Federal grant as a match. This is an additional factor in the site selection process. Other estuarine sanctuary sites will be established within the Virginian region. Comment - EIS should address various.subcategories of the Virginian biogeographic classification. EIS should also explain which subcategory(ies) the proposed sanctuary represent(s), and again compare this example to other estuaries within the biogeographic region. Response - A description of which subcategory the Narragansett Bay Estuarine Sanctuary represents has been included in the FEIS. The others are: outer -banks type estuaries and freshwater dominated estuaries like the Chesapeake Bay. Comment - If any representatives of the Virginian biogeographic classification have been submitted in the past, or during the same six-month application period, these alternative estuarine sanctuaries should be mentioned. Response - Rhode Island was the first State to propose a site for an estuarine sanctuary within the Virginian biogeographic region. The only other site proposed for the Virginian region was the Peconic/Flanders Bay area of New York. This proposal was withdrawn by.New York in April 1980.. This is mentioned in the FEIS. Comment -'FEIS shouldevaluate types and levels of permitted recreational. 7c-tirvirTies (determined separately for each site) based.on an assessment of its ability to support such uses without undue environmental damage or degradation. Response - Comment accepted. Information on the levels of recreational activities permitted has been expanded in the FEIS. Comment - The HIS should outline the intended research uses,to assure that proper restrictions and prohibitions are established to protect and maintain the estuarine ecosystem. A listing of potential research organizations or agencies, and benefits to the, overall CZM program would add support to the need for a Narragansett Bay Estuari'ne Sanctuary. Response Comment accepted. The initial research program, as envisioned by DEM, has been added i-n the FEIS, which includes the benefits to the overall CZM program. A refined research progr-am will be developed after sanctuary establishment. Comment - The HIS should evaluate the effect on the future environment of the proposed sanctuary without the implementation of.the proposed action. Response - Comment accepted. The "No Action" alternative has been added in the FEIS. General Services Administration James G. Whitlo-c-k,--,@'ss-istant.Commissioner, Office of Space Mabagement, (7/3/80) Comment Neither the Public Buildings Service nor -the Federal Property Resources '!Te-rvice of GSA have any substantive comments to make regarding this pr.oposal. Response - Comment accepted. 12 STATE AND LOCAL GOVERNMENTS Portsmouth Town Council Carol Zinno, President, Portsmouth, Rhode Island (6/18/80) (Letter to W. Edward Wood, Director, DEM) Comment In general , favors the proposed estuarine sanctuary for the northern end of Prudence Island. Response Comment accepted. Comment Opposed to overnight camping and potential fire hazards on South Prudence and opposed to bussing of people from the southern end to the northern end of Prudence Island. Response See General Responses A, B, C, and D. Comment Concerned with the possibility of need for medical and other emergency services for those using the sanctuary. Portsmouth cannot be expected to provide additional services to the island. Response - Comment accepted. DEM would be responsible for providing these services. Comment - No means of insuring that overnight campers would be limited to the use of "park" grounds only; concerned about threat to private property from trespassers and rodents. Response - The DEM field personnel will be responsible for those*persons using the sanctuary. No camping will be permitted on the north end of Prudence. Visitors will be informed and boundaries posted to avoid all private property on the island. Comment - Bus service from the southern end to the northern end of the island is unacceptable. Response - See General Response B. Comment - Hostel on the southern end of Prudence Island is incomprehensible and unacceptable. Response - See General Response A. Portsmouth Town Council Carol Zinno, President, Portsmouth, Rhode Island, (7/3/80) Comment - Given the.small number of permanent residents on Prudence Island, it is difficult for the town of Portsmouth to justify additional Town services upon the island. Accordingly, the Bay Islands Park System 13 must be self-sufficient in fire policy protection and must include adequate safeguards that existing Town services located upon the island will not be overutilized. Response Comment accepted; see General Response D. Prudence Improvement Association William Bacon, Jr.., PresidePt., Prudence,Island, Rhode.Island (7/10/8.0) Comment - Prudence Improvement Association is strongly opposed to overnight- camping on southern Prudence Island, bussing of people to northern Prudence Island, and the establishment of a "hostel." ItAs requested that DEM delete the proposed overnight camping,.bussing, and ".hostel" from any plans for the Prudence Island portion of the Bay Islands Park System now being considered. Response - See.General@Responses A and Prudence Park Homeowner's Association Robert Parady, President, Prudence,, Rhode.Island, (6/30/80) Comment - A multiple use should not interfere with, diminish, or prevent. the primary purpose of the estuarine sanctuary, which is the long-term protection of the area for scientific and educational use. The DEM's plan to transport visitors by van to the north end of the island and by boat to other sanctu *ary sites is clearly contrary to the primary purpose of the sanctuaries program. It is a "multiple use" which would be environmentally dainaging to the areas of the island now in their natural state. Additionally, this broad recreational.use of the proposed sanctuary will interfere with the ecosystem and diminish the "field laboratory" concept of the program. Response - See General.Responses A and B. Comment - The Association supports the. establishment of the estuarine sanctuary'provided: 1) the sanctuary is used only for research and to provide educational benefits; 2) Public access is limited to existing modes of publir transportation; 3) Public use is,strictly confined to maintain the area 0 a natural state for scientific and educational use; 4) DEM provides adequate fire and public safety protection; 5) Overnight camping is prohibited; and 6) Substantial improvements are made in DEM's proposed management of the sanctuary area., Unless these conditions are met, the Association opposes the present proposal offered by DEM. Response - See General Responses A, B, C, and D. 14 State of Rhode Island and Providence Plantations, Executive Chambers Bruce Vild, Assistant OCS Coordinator, (6/20/80) Comment - Possible interference with OCS support activities should be addressed more fully to prevent confusion and misunderstanding. A statement should be included that no impacts upon OCS operations are anticipated from sanctuary designation, or if impacts may occur, an explanation should be made as to what they are and how they might be mitigated. Response - The estuarine sanctuary should not have any impacts on OCS support activities at the Quonset/Davisville base. Such a statement appears in the FEIS. State of Rhode Island and Providence Plantations, Historical Preservation CommissioF Eric Hertfelder, Deputy State Historic Preservation Officer, (6/18/80) Comment - Project strongly supported for its potential to conserve both natural and cultural resources. .Response Comment accepted. Comment The DEIS fail@ to address the impact of the sanctuary upon arcFa-eological resources. We recommend the following changes/additions: 1. The statement on human uses of Narragansett Bay (p. 34) should begin with prehistoric populations, not with colonial settlement, and should assess the potential for significant archaeological sites being present in the sanctuary area. 2. The potential adverse effect of the sanctuary upon archaeological sites (many of the impacts described on p. 23 are destructive to archaeological sites) should be assessed and measures to avoid or mitigate the adverse impacts should be devised. 3. It is possible that multiple uses of the sanctuary will adversely affect archaeological resources unless the research projects, hunting, fishing, etc., are carefully monitored under guidelines established to protect archaeological resources. For this reason, we recommend that the State Historic Preservation Office review and comment on all proposals for use, and sit on the Sanctuary Advisory Committee. 4. In the list of organizations consulted, the Rhode Island Historical Preservation Commission should be listed as a State agency. 15 Response 1. Information on-prehistoric population has been added to.the FEIS. 2. Archaeological studies on the nor 'thern end of Prudence, sponsored by DEM, have already begun and will continue to assess the value of potential archaeological sites so as to avoid adverse or irreversible impacts. 3. All-uses of the sanctuary will be monitored,,within the means of DEM, to protect significant archaeological resources. The State.Historic Preservation Office will be represented on the Sanctuary' Advisory Committee. 4. Comment accepted; change ha-s been made in the FEIS.. State of Rhode Island and Providence Plantations, Department-of Administration', Statewide Planning Program Daniel W. Varin, Chief, Statewide Planning, (6/3/@O) Comment Strongly supports the designation of North Prudence, Hope and Patience Islands and surrounding waters as an estuarine sanctuary. Response - Comment accepted. Comment Further study needed for proposed bus shuttle service between the north and south ends of Prudence Island. Response - See General Response B. State of Rhode Island and Providence Plantationsi Department of Natural Resources, Division of Fish and Wildlife James E. Myers, Senior Wildlife Biologist, Comment - Very limited access to Hope Island should be considered. Scheduled and advertised boat travel will greatly increase tile number of visitors to the island during the nesting.and non-nesting.season. Scheduled boat travel to Patience Island would create similar problems of disturbance to the habitat. Response - There will be no access to Hope Island during the nesting season and there will be limited access during the rest of the year. Comment - Hunting not only "appears essential" (page 12) but is essential to the maintenance of optimal habitat. Tile islands have no natural population controls except disease and starvation. Response - Comment accepted. 16 Comment - General research was proposed, but no studies, projects, inventories, or suggested studies were incorporated into the plan, except for the policy statement allowing Fish and Wildlife to continue ongoing programs. Response - One of the highest priorities of the sanctuary manager, and The Sanctuary Advisory Committee will be the development of a research plan. Comment - Within the funding proposal, scientific study is stressed, but no indication of funding level is noted. Even small amounts of funding for shellfish, bird, and mammal surveys would provide valuable baseline information to the scientific community. Response - We concur with'the need for funding for such studies that you have recommended. Unfortunately, estuarine sanctuary funds cannot be used for funding specific research projects. The State is expected to pursue funding for research through such programs as Sea Grant, National Science Foundation, Environmental Protection Agency, NOAA/OCZM �306 funds, etc. The Estuarine Sanctuary Program Office will assist the State as much as possible to secure these needed funds. Comment - Trained staff and presently-owned equipment from various div"v-isions and sections within DEM could utilize any additional funding to complete baseline surveys and not delegated to a park naturalist as an aside to his primary task of interpretive tours and protection. Response - Comment accepted. The sanctuary manager's job will not include doing specific research, but rather to assist qualified researchers in their endeavors. Comment - The primary goals of the sanctuary program can be achieved by a slow expansion of use, combined with necessary research planning and management. It is my opinion that the education mandate of the Act is being unduly and incorrectly stressed in the present plan for this fragile island system. Response - The State is aware that an estuarine sanctuary is different from a state park and all usages must be approached in a cautious manner. Research and education must occur within estuarine sanctuaries. However, it is the State's prerogative concerning the emphasis it places on each activity. 17 State of Rhode Island and Providence Plantations, Department of Transportation Joseph F. Arruda, Chief Planning Division, (7/3/80) Comment - No procedures stated in the document for minimization of impact that the public would have on the sanctuary (potential impacts, p. 24). Response - DEM will have personnel in the sanctuary to enforce restrictions imposed upon the public. Comment - Pages 6 and 10 of the DEIS have statements that seem to con- tradict each other regarding field officers that already exist or that will be hired and trained to enforce restrictions. Response - Comment accepted and change made to read: "DEM has or wil hire and train" field personnel. Town of Abington, Massachusetts Wilbur G. Hollis, Town Executive Secretary, Abington, Massachusetts, (7/1/80) Comment - Opposed to activities that adversely impact the quality of life presently enjoyed at the island. Adamantly opposed to any proposal to transport persons into or through the sections where private residences are situated. Response - See General Response B. Comment - No objection to the use of the area on a limited basis for such activities as nature walks, research and the like. Agreeable to swimming and picnic area at the South and if those using the facilities did not encroach on privacy and if their numbers are restricted. Response - Comment accepted; however, the estuarine sanctuary is totally separate from the park in the south end of the island. See General Response A. 18 STATE INTEREST GROUPS The Conservation Law Foundation of Rhode Island John Jewett, (7/17/0) Comment DEM should make a special effort to explain what visitors to tFe -northern end of Prudence Island wi.11 and will not find in the way of facilities and'surroundings. Hopefully OEM is considering a thorough informational approach including graphic displays, printed materials, etc. Response - DEM is planning a.thordugh educational program, located on the south end of Prudence, with displays and printed materials that will explain what visitors will find in the.way of facilities and environmental surroundings on the north end. Comment - Asks whether a system has been developed to regulate the number of visitors who will walk along roads or shoreline of Prudence Island from the south to the north. Response - There is no way legally to prevent visitors from walking along the road or shoreline on publicly-owned or controlled property. The information center on the south end will inform visitors to avoid all private property on the i.sland.. Comment - Page 12 of the DEIS states that 300 full-time and 1,600 part- T-17-m-eshellfishers use Narragansett Bay. How many.of these fish around the islands and how will the sanctuary proposal affect them? 'Would the boundaries of the sanctuary be.amenable to change to accommodate some of these needs, once established? Response - We do not anticipate that the sanctuary proposal will adversely affect the current level of shellfishing. The boundary out to the 18 foot isobath was selected by DEM to protect the sanctuary area for research purposes. If DEM decides to change the boundaries later on, hearings will be held with opportunity for public participation. The number of full-time and part-time shellfishers who normally fish within the proposed sanctuary area will be studied as part of the research program. 19 INDUSTRIAL GROUPS Atlantic Richfield Companx Dr. D. W. Chamberlain, Senior Science Advisor, Environmental Sciences, Los Angeles, California (7/10/80) Comment - pp 12-13 - Past recreational activities which.will be allowed to continue, such as fishing, deer hunting, small game and duck hunting, are not entirely consistent with the stated desire in the proposal to provide long-term protection for representative, undisturbed estuarine arc-as. Response - As you point out, the Estuarine Sanctuary Guidelines encourage compatible use of the natural@resources available, It, is t,he_poljcy of the Federal government to encourage States to allow those uses in a sanctuary that have existed*prior to sanctuary designation provided such uses do not degrade the natural habitat and environment within the sanctuary or interfere with basic research. The effects of hunting, and sport and commercial fishing will be studied and monitored over time to determine if these public uses significantly alter the natural system within the sanctuary. Comment - Suggests that representative undisturbed control areas be se.t aside and protected by the strict exclusion of impacting activities. Consideration should be given to reserving Hope Island, allowing no hunting, fishing, shellfish collection, or other impacting activity, excep-t-for occasional investigations by qualified scientists because it is one of the largest wading-bird rookeries in the northeast. Response - Hope Island will be managed under strict controls. Current use of the island for small game hunting from October-December will be permitted to continue. Guided interpretative tours limited to very small groups will be offered during late summer and early fall. Tile island is closed to visitors--except qualified scientists with approval by DEM-- during the April 15-July 31 nesting season. Comment - Consideration should be given to setting aside representative parcels of the variety of-habitats on Patience Island that are not found on Hope Island by posting, fencing off, or otherwise restricting public access to provide control sites to compare use impacts on similar island environments, provide a source of nursery stock for replenishing undisturbed habitats, and be of educational use for comparing natural and disturbed areas. Response - Comment accepted. In the research program for the sanctuary, the idea of setting aside certain areas and habitats for research scientists to use for contrcl sites will be implemented. 20 Comment - Suggests changing the title of DEIS to "Narragansett Bay Estuarine Sanctuary and Environmental Management Area." Response - Since the Estuarine Sanctuary Program is specifically authorized and titled by statute, adding "Environmental Management Area" to the title would be confusing and inappropriate. Comment - Suggests strengthening Part I of the DEIS by adding a description of Fo-wthe proposed area agrees with the Arcadian or Virginian biogeographic classifications and reflects regional differentiation as required in Section 921.4 of the Estuarine Sanctuary Guidelines. Response - Comment accepted. A brief description has been added to FEIS. 21 RESIDENTS John Antaya, Attleboro, Massachusetts (6/30/80) Comment - Opposed to opening the north and south ends of Prudence Island to commercial traffic. Response - See General Response B. Charlotte R. and Daniel Barrett, Prudence Island, RI (6/29/80) Comment - Would prefer maximum protection for our environment, close restrictions on use by people, sanctuary status for the north and south ends of Prudence Island, primary research and study programs, no camping or campsites at all, restricted passage through private property and no bussing or public vans at all. Response - See General Responses A, B, and C. Beverly and Rick Bowen, Prudence Island, Rhode Island (6/28/80) Comment - Favor the establishment of the Estuarine Sanctuary for research and study programs, as long as sanctuary standards are enforced. Response - Comment accepted. Comment - Object to the formation of the park with its associated influx of people and busses. The roads and fire and police departments are inadequate to handle the normal summer crowd, let alone additional visitors to the park. Strongly oppose camping and campfires. Response - See General Responses A, B, C, and D. Donald D. Deignan, Prudence Island, Rhode Island (6/30/80) Comment - Insists that no public busses or vans be permitted passage through private property. Article V of the U.S. Constitution supports this. Legal problems relating to personal and property liability, as well as damage to contiguous environmental resources strengthen this restriction. Response - See General Response B. 22 Comment - Use of the sanctuary should be limited to research. Campsites should not be permitted. Use of the sanctuary by tile public should be closely monitored by appropriate personnel. Response - Comment accepted; see General Response C. Margaret and Louis DelPapa, Pawtucket, Rhode Island (no date) Comment - Questions the adequacy of the proposed staff of the Bay Islands Park to maintain the area, supervise visi-tors, and enforce the law. Feels thka area should be patrolled constantly and maintained daily. Response - Iinformati@on regarding supervision of visitors, patrolling the area, and enforcing the law has been added to the FEI,S- Comment - Conterned that if camping is per"itted on South Prudence, campers will also camp out on North Prudence if there is no room at the south end or if their permits expire. 2esporlst - See General Response C. Comment - Cautions that people who visit the park at the south end and are then transported to the sanctuary at North Prudence will treat the sanctuary as a recreational park, rather than an area designed for quiet nature study. Response - It will be explained in advance to all visitors to the sanctuary that the guided tours are strictly for educational purposes and will be carefully controlled. Comment - The sanctuary should be kept as a place where people come with a purpose- nature study or guided tours. These people will respect the area and not abuse it. Response - Comment accepted. Judith DiPrete, Prudence Island, Rhode Island (6/29/8UT-- Comment - Believes that the proposed Bay Islands Park and the Estuarine Sanctuary are incompatible. The park will attract recreationists rather than conservationists. Increased activity of recreational boaters will lead to pollution of-the south end as 111as already happened at Potters Cove in North Prudence. It is unlikely that -the state will be able to adequately fund the proposed park for proper and necessary management. Response - See General Response A. 23 Comment - Supports the.use of the Estuarine.Sanctuary for research and study programs with maximum environmental protection ofthe.island. Opposes overnight camping, the hostel, and tra.nsporting people between South and North Prudence. The south end of Prudence should be.-subject to Estuarine Sanctuary standards with tighter control on people use of the area. Response See General Responses A, B, and C.. Leonard R. DiPrete - Duncan B. Campbell Co, Providence, Rhode Island, 7 /-3-/8-07- Comment - Would like to see the former Navy land o n'the southern part of Providence Island maintained in its natural state. I am against the idea of bussing-campers. Response - See General Responses A, B, and C. Mary Drew, Prudence Island, Rhode Island - (6/30/80) Comment - Prudence Island is a wonderful, quiet and peaceful place to live, and should remain that way. There are many other places that people can go to picnic, camp, etc Keep Prudence Island as a sanctuary, so those who respect the lan; and it's natural beauty can enjoy it. Response - Comment accepted. See General Response C. Marcy Dunbar, Prudence Island, Rhode Island (6/29-/8-OT- Comment - Does not wa.nt a State Park on,Prudence island. If it has to be, leave it in its natural state. Response See General Response A. Comment Prefer maximum protection of the environmment, restrictions on people use, no camping-, no bussing or public vans. Response - See General Responses B and C. Barbara A. Ellsworth, Prudence Island, Rhode Island (6/28/80) Comment - How is it that hunting will be all.owed.in a sanctuary,-whereas Webster's dictionary defines a sanctuary as an area where birds and animals are sheltered, and may not be hunted or otherwise molested? 24 Response - DEM has always permitted hunting on the island, and it is carefully regulated. Hunting is permitted to maintain healthy populations on the island. The island usually cannot support large populations. See General Response C. Comment - Inquires whether anyone has really done an extensive and intensive study of our wildlife? There is a definite environmental impact by the publicity generated by this project, having a detrimental effect on our wildlife. Response - bEM's Division of Fish and Game has conducted extensive studies oTTF-ewildlife within the sanctuary and has data available. The wildlife in the sanctuary will continue to be monitored to determine whether use of the sanctuary is having a detrimental impact. Comment - I would ask, rather plea, that further attention and continued H-udies be applied before approval is granted. Response - Comment accepted. It is not felt that various scientific studies are nee7ed prior to sanctuary approval. The Farnham Family, Prudence Island, Rhode Island (7/5/80) Comment - Prefer to leave the south end of Prudence Island in its naturT state, no parks, no campsites. Response - See General Responses A and C. Cecilia S. and Daniel R. Finn, Prudence Island, Rhode Island (6/29/80) Comment - Concerned with the plan for a park on the south end of the E is ATand with campsites and ferry transportation and transportation from the north end of the island by means of a van and ferry. Feel that the south end of Prudence Island should be a sanctuary too. Response - See General Responses A, B, and C. Mrs. Archie Friswell, Prudence Island, Rhode Island (6/29/80) Comment - Favor maximum environmental protection of Prudence, Hope, @-ndPatience Islands. Oppose campsites, busses, vans and invasion by people of, the south or north ends of Prudence Island. Response - See General Responses A, B, and C. 25 Jean P. and Don P. Friswell, Prudence Island, Rhode Island (6/29/80) Comment - Favor maximum environmental protection of Prudence, Patience, and Hope Islands. Response - Comment accepted. Sandy Fyfe, Pawtucket, Rhode Island (7/1/80) Comment - Supports the formation of the Bay Island Park. Response - Comment accepted. Comment - Strongly opposes the maximum number of people the State feels the Park can accomodate. Recommends a maximum of 200 people at a time. Response - See General Responses A and B. Comment - Sanctuary standards should be enforced wherever appropriate. Opposes camping, the formation of a hostel and plans for transportation on the island. Response - See General Responses A and B. Wallace E. Guertin, Prudence Island, Rhode Island (7/5/80) Comment - As a hiker, bird-lover, and gardener, I beg of you to keep Prudence as close to its natural state as possible for people who really love nature. Response - Comment accepted. Comment - Favors close restriction on people-use, no buses, vans or trucks over private roads, sanctuary standards enforced for both north and south ends of Prudence, noc amping or campsites, maximum protection of the environment, and use of the area primarily for research. Response - See General Responses A, B, and C. 26 Marvret and Robert Heile, Prudence Island, Rhode Island (7/30/80) Comment - Favors making the estuarine sanctuary available for research programs. .Response Comment accepted. Comment Recommends limiting the number of people using the sanctuary to one boatload per day. .Response - See General Response B. Comment - Believes that the plans for the park are not compatible with the uses of the sanctuary. For example, camping and its associated fire hazard, the hostel, and the proposed bus service seem to conflict with the sanctuary concept. Response See General Responses A, B, and C. Comment Department of Environmental Management has riot adequately considered the problems of iIncreased usage of the island, such as, people missing,the boat, emergency medical problems, and increased need for police and fire protection. Response - See General Response D. Richard E. Jenness, Lynn, Massachusetts (6/30/80) Comment - Desires for the island are maximum protection of the environment, limited people, and certai-nly no bussing or public vans. Response - See General Response B. Geraldine and Martin Johnson, Prudence Island, Rhode Island (no date) Comment - Support maximum protection of the environment, the use of the sanctuary primarily for research and study programs, close restrictions on people-use, enforcement of sanctuary standards for north and south ends of Prudence,-and restricting@passage through private property on Prudence to emergency and support vehicles. Oppose campsites and camping, and buses or public vans, Response - See General Responses A, B, and C. 27 Ruth E. Just, Providence, Rhode Island (6/30/FOT Comment - Supports the establishm ent ofvan.Estuarine Sanctuary on the north end of Prudence Island, Patience, and Hope Islands. Response - Comment accepted. Comment - Opposes several elements of the-park proposal., including overnight camping and bussing between@north and south ends of Prudence Island. Fire is also a hazard due to the increased number of visitors. Recommends that only day camps with adequate patrols be permitted in the south end of'Prudence. Response - See.General Responses A, B, and C.: Janette C. Korchinsky, Prudence Island, Rhode Island (7121W) Comment - Provide maximum protection of.the environment and place very close restriction on the people who use it. Response - See General Responses A and C. Mary B. and Douglas H. Lawrence, Prudence, Rhode Island (7/1/80) Comment Proposal for creation of an estuarine sanctuary for-Prudence, Patience, and Hope Islands is excellent, providing changes and@adjustments are made in planning, management, and operati,on'as.outlined- in the DEIS. Response Comment accepted. Comment The impact of an estuarine sanctuary on middle private.Prudence seems favorable if minor changes are made. Response Comment accepted. Comment The Bay Islands Park at South Prudence is not compatible with the estuarine sanctuary. Response See General Response A. 28 Comment - Opposes camping, the hostel, and public van or hijs access to N6'r-thPrudence. Sanctuary standards should be enforced at South Prudence, the maximum number of visitors should be lowered, and park activities should be restricted to the park area. Response - See General Responses A, B, and C. Comment - Page 6, item 2 - ...uses of these islands mwist re3spect and harmonize with the natural environment. Who decides which uses and activities are compatible with the environmental capabilities of the Island? Response - The Department of Environmental Management (DEM) and the Sanctuary Advisory Committee, working together, will determine the uses and activities that are compatible with the island's environmental capa- bi-lities. Each island will be treated individually. Comment - Page 8, item b - South Prudence is described as durAble. Not so! Shuttle bus is proposed through the fragile-private-middle sanctified Prudence. Not a compatible plan. Who is the DEM Assistant Director for Operations, and what are the work programs to be submitted to him/her? What are the lines of decisionmaking and authority? Who determines what research is to be done? Who determines if research is damaging the sanctuary? Who decides on the activities compatible with sanctuary guidelines? To whom does the sanctuary manager report? Response - DEM will administer all of the programs within the estuarine sanctuary. Basically, the sanctuary manager will be hired by DEM to !nake decisions on.use of the sanctuary, but he/she also will be responsible to the Sanctuary Advisory Committee (SAC). SAC will review all research proposals before they are sent to DEM and offer guidance and advice to the sanctuary manager. The divisions within DEM that are responsible for wildlife and fisheries management, enforcement, and forestry will assist the sanctuary manager as needed. Comment How long does this sanctuary status last? Response The estuarine sanctuary is planned to preserve the area in perpetuity for research and education. Comment What prevents the sanctuary from reverting to other uses? Response The Federal government has invested money for the purpose of maintaining the estuarine sanctuary in perpetuity. If the sanctuary is changed to another land use, the Federal government could request its money back. Comment - Page 10, item 2 - The Sanctuary Advisory Committee should be organized now. Response Comment accepted. 29 Comment - Page 10, item 3 - Wan t more details on enforcement. How many field offices, wfiere and when will they be stationed? Response - Details are covered in the FEIS. Comment - Page 12, item c - Who in DEM will monitor activit1es? There is confri-ct on policy'of pets, radios, and other electronic devices between the sanctuary guidelines and the park gui,delines. How,will they.be resolved? Response - Pets, radios, and,other electronic devices will not be allowed _Wi@thin the sanctuary* Other activities will be close*ly,regulated by the- sanctuary manager and his/her staff. Comment - Page 12, paragraph 3 - Where will recreational boating be relocated if it causes significant adverse impacts.? Response - If boating in Potter Cove is restricted or, prohibited, boaters will not be "relocated," they will use other bay areas that are not restricted. Comment - Page 13, item I - Any camping is not.compatible with.the sanctuary. Furthermore, the publication entitled "The Bay Islands Park: A Marine Recreation Plan for the State of Rhode Island," put out,by the Coastal Resources Center of the University of Rhode Island in 1976., states that sewage disposal,is difficult due to the hardpan subsoil.and sewage contamination of limited and shallow groundwater becomes increasingly real with continued'development. In addi tionilpge 29 of the DEIS states that freshwater supplies are limited--another argument against_1camping on the islands. The,URI report mentioned earlier describes Patience Is-land and North Prudence as "interdependent, and to acquire Ione for recreational and conservational purposes without similarly protecting the other makes little practical.or aesthetic sense." The,proposal for Patience Island does not suit sanctuary purposes, so no camping should be permitted'here. Response -,See General Responses C and,1D. Comment - Supports the sanctuary proposal for Hop@e_ Island... Response - Comment accepted. However, the proposal also includes Patience island and the northern end of Prudence Island.. Comment - Page 13, item d - Connections from south to north Prudence and t 'Fe- other islands should be by ferry only. Passengers should be met and escorted by a trained ranger. Response -,See.General Response B.-. Comment - Page 17, item b - Sanctuary Advisory Committee should be able to review proposed research programs in advance. Response - Comment accepted. Reviewing research proposals is one of the roles designated for the committee. 30 Comment - Page 17, item b, part 1 - What happens after three years when management funds expire? Response - One-half of the management and operation funds will be provided 7y the Federal government for five years, after which the State will appropriate all funds to maintain the sanctuary for research and education. Comment - Page 18 - Not selecting South Prudence as part of the sanctuary was a mistake. Response - The Bay Islands Park Plan called for South Prudence to become the hub for the water accessible elements of the Bay Islands Park. Comment - Page 19, item 4 - The statement, "Establishment of estuarine sanctuary would provide financial support which would assist in the start up of Bay Islands Park," seems to conflict with Guidelines, Section 921.5b, which reads, "There shall be no effort to balance or optimize uses of an estuarine sanctuary on economic or other bases..." Response - Funds provided by the Federal government are for the establishment of the sanctuary, not the park. The statement on page 19 is misleading and has been omitted in the FEIS. The Guidelines reference is on using the sanctuary for economic gain and is not relevant to the issue raised in the comment. Comment - Page 21, item 2 - states that southern Prudence "will support facilities and activities incompatible with the primary purposes of the sanc'tuary." Page 27 reads "the proposed estuarine sanctuary would be managed as part of the park system. The objectives of these two programs are compatible and mutually supportive." These statements appear to conflict. Modifying the South Prudence Park proposal could resolve it. Response - Comment accepted. Language has been changed in the FEIS. Comment - Page 21 - The present park plan should be altered to provide more effective barriers between the park and the rest of Prudence Island. Response See General Response A. Comment Page 24 - Construction of boardwalks should be done only after careful study of the impact on local wildlife. Response - Comment accepted. Comment - Page 25 - What are the Rhode Island holding tank laws? Response - DEM should be contacted for information about State requirements for holding tanks. 31 Comment - The fire danger from campers is enormous and not compatible with sanctuary guidelines. Response - See General Response C. Comment - What are the plans to prevent alcohol and drug use in the park? Response - There will be rangers on the site and enforcement agents available to control the use of alcohol and drugs within the sanctuary. Comment - Page 25, item 2 the effect of the park and estuari,ne.s,anct.uary on the Town of Portsmouth has not been adequately-explored. Response - See General Response D. The FEIS has been.modified to show in greater detail what the impact will be. Comment Not enough copies of the DEIS were distributed to-local residents. No written public notice of the June 25th public hearing at Portsmouth was posted on Prudence Island with the name of a contact person, as required by guidelines. Response - Adequate notice of the availability of copies was given. Copies of the DEIS were distributed at the public,hearing. Public notice of the hearing was published in area newspapers and in the Town Hall at Portsmouth. I.omment - DEM has been careless about informing the public of its plans until they were all made. DEM should make public the survey conducted in April 1930 among the homeowners and taxpayers o'n the island.- Response - DEM has tried to communicate with the residents of Prudence Island and Portsmouth. A public information meeting on the proposed sanctuary was held in Portsmouth on March 12, 1980, and' some residents from Prudence attended. Other meetings on the Bay Islands Park Plan have been held. An interest survey was taken among island residents in April. The results are available from DEM to those who inquire. Dorothy W. Little, Prudence Island, Rhode Island __T7/l/80) Comment - Favors the maximum protection of the 'north and south ends of Prudence Island and supports the use of the area for research programs. Would like both the north and south ends of Prudence Island included in the sanctuary. Response Comment accepted. See General Response A. Comment Opposes campsites and camping due to fire hazard. Response See General Response C. 32 Comment - Objects to bussing and the use of public vans. Response - See General Response B. Judith W. Little, Prudence Island, Rhode Island (7/2/80) Comment - Requests the Estuarine Sanctuary Program be developed cautiously and only after much deliberation. Response - Comment accepted. Comment - Reluctantly accepts the presence of the park, but sees no reason for bussing between the park a.nd the sanctuary in the north end. Response See General Response B. Comment Concerned that allowing camping in South Prudence will attract young people who might leave the park area and enter private property or become intoxicated. Response - See General Response C. Jennifer Lowe, Prudence Island, Rhode Island (6/29V80Y-- Comment - North end of Prudence Island should be left in its natural state; no camping on the island, bussing and tours should also be ruled out. Response - See General Responses A, B, and C. Kenneth H. Lowe, Prudence Island, Rhode Island (7/2/FOT- Comment - Favors the establishment of the Estuarine Sanctuary for research purposes only. Response - The program, as established by Federal law, is both for environmental education.and research. Comment - Strongly opposes the bussing and ferrying of all visitors, as well as overnight camping. Response - See General Responses B and C. 33 Comment - Page 2 of the DEIS states that o'nie of the research purposes of the sanctuary is to serve "as a natural control ... that will aid in evaluation of the impact's of human activities dn e-stuarine &.osystems." If people are allowed to use the sanctuary, what happens to the re- liability of the sanctuary as a natural control? Response - The primary purpose of estuari-ne sanctuaries is to provide long-terin protection for natural-areas so that-they may be usedfor scientific and educational purposes. Controlled multiple use, under close supervision will be encouraged to-the extent that such use is compatible with the primary sanctuary purpose. The HIS addresses this issue. Marjorie Nuttall, Prudence Island, Rhode Island (7/T/80) Comment - Concern centers on the impact of daily vis-itors o*n the already limited water supply on Prudence Island. Questions the adequacy of the septic system at the abandoned Naval Base to-meet the needs of the additional visitors-to the i'sland., Response - See General Response B. Comment - Are there-any provisions in the Estuarine,Sanctuary/B-ay Islands Park proposal which would mandate the di-scointinUanco of the program if negative effects such as water shortages or disruption of wildlife habitat result? Response - It is not anticipated that these problems would occur such an extent that the Estuarine Sanctuary Prolgram would be.dis- continued. Close monitoring will detect any disturbances before- they become disruptive. There are provisions for further regulating use activities if they are having negative impacts. Eric and Charlotte Olson. West Barrin ton, Rhode Island .Comment Supports the use of the sanctuary for research. Response Comment accepted.' Comment Opposes campsites and camping and bussi-ng orthe use of-vans.- - Response See General Responses B"arid C. 34 Grafton and Audrey Rice, Pru dence Island, Rhode Island (no date) Comment - The proposals of the DEM seem to be in direct conflict with the concept of maintaining an estuarine sanctuary - higher priority on a park system rather than the basic concept of an estuarine sanctuary. Response - See General Responses A, B, C, and D. Linda Rice, Prudence Island, Rhode Island Comment - Supports creation of the sanctuary for environmental research. Response - Comment accepted, but will also include environmental education. Comment - Would like to keep Prudence Island unblemished by commercial enterprises and tourists attractions. Opposes camping and campsites on Prudence island due to the litter and disturbances caused by tourists in residential areas. Response - The Estuarine Sanctuary would not allow commercial enter- prises. See General Response C. David and Mary Sarg nt, Prudence Island, Rhode Island (6/30/80) Comment - Supports,the fonnatio.n of the Estuarine Sanctuary. @@ons@e - Comment accepted. Comment - Opposes the grandiose plans of the Rhode Island DEM for the development of parks on the north and south ends of Prudence Island. Response See General Response A. Comment Objects to overnight camping and the proposed hostel on the south end due to the risk of fire. High winds and inadequate fire- fighting facilities increase the danger of fire. Response - See General Responses A, C, and D. 35 Comment - Oppose the conveyance of visitors (by bus or van) from Southern Prudence to the north end of the island. Response See General Response,B. Comment Recommends that Southern Prudence be subject to sanctuary standards or el.se remain a separate entity-with no 1-tnk to Northern Prudence, except for emergency vehicles. Response See General Response A. Woody Sargent, Prudence Island, Rhode Island (6/30/80) Comment No camping or vehicles should'be allowed on the'north end of Prudence or Patience Islands. Proposed park in'the south end of Prudence should be used for serious overnight campers only, with no bussing or public vans used to transport visitors from north to south. Response - See General Responses A,@B, and C.@ Captain and Mrs. Manuel Sausa, Prudence Island, Rhode Island (6/30/80:) Comment Opposes camping or campsites and the use of buses or'vans. .Response See General Responses B and C. Comment Believes that the prohibitive cost of ferry service will dis- courage large families from using the park. Response - See General Responses A and B. Consideration is being given to not changing any fare for trips to the sanctuary. Other fares are planned to be inexpensive. Albert R. and Lillian B. Sims, Prudence Island, Rhode Island 6 7 _29-/ UT_ Comment - Disturbed by the State of Rhode Island to establi'sh "park" arrangements at the north and south ends of Prudence par- ticularly those proposals that would make at'cess to the Island easy' establish campsites, provide transportation around and/or through t4 Island with possible invasion of private property. Prefer estuarine, sanctuaries at both ends of Prudence Island'. R4@ponse'- See General R..esponses A, B,-'and C.- .36 Comment - State should see to it that shellfish laws are rigidly enforced. Response - The Rhode Island Departi-iient of Environmental Management is responsible for finFishing and shellfish activities and enforce- ment, and is attempting to do the best job that can be done. James T. Starke, Prudence Island, Rhode Island ( 6 / 29/ Comment - Favors the establishment of the Estuarine Sanctuary to main- tain Prudence Island in an undisturbed natural state. Response Comment accepted. Comment Adamantly opposes the introduction of camping and tourists to the island. The police department is already undermanned and the beaches already littered with debris from campers. Increased camping would aggravate the situation. Response - The issue of having adequate staff to patrol the islands and control people's use of the area is discussed in the FEIS. See General ;Responses C and D. Frederick and Margaret Stevenson, Prudence Island, Rhode Island (6/30/80) Comment - Supports the proposed estuarine sanctuary. Response - Comment accepted. Comment - Recommend limiting th2 numbers of people, hunters, and hunting areas. Response - See General Response C. Comment - Opposes bussing as proposed in the DEIS. Response - See General Response B. Comment - Recommend an annual sanctuary newsletter to be distributed describing ongoing research and knowledge gained at the sanctuary. Response - Your suggestion of a newsletter for the proposed Narragansett Bay estuarine sanctury is a good one and will be considered by the Sanctuary Advisory Committee. A newsletter on all of -the National Estuarine Sanctuaries is issued several times a year and distributed to all sanctuary managers which describes research activities at the various estuarine sanctuaries across the Nation. Copies of this newsletter will be available from the sanctuary manager. 37 Grace Scott, Attleboro, Massachusetts (6/30/80) Comment - Does not want the formation of the Estuarine Sanctuary to change the idyllic, rural atmosphere of Prudence Island. Response - Comment accepted. Comment - Concerned about camping and the fire hazard of campfires. Questions whether there will be enough maintenance and patrolling of the north and south ends of Prudence Island so that public transpor- tation will not interfere with the peace and tranquility of the area. Response - See General Responses B and C. Constance William, Prudence Island, Rhode ISland (6/30/80) Comment - Recommends close restrictions on people-use. Opposes overnight camping of both the southern and northern end of Prudence Island, opposes the use of busses or public vans. Response - See General Responses B and C. Comment - Believes that sanctuary standards should be enforced at both north and south ends of Prudence Island. Response - See General Responses A, B, and C. Dudley A. Williams, Bristol, Rhode Island (7/7/80) Comment - Include the southern end of Prudence Island, Dyer Island, and the waters about and between them in a Marine - Estuarine Sanctuary Proposal for Narragansett Bay. Response - The points made in the letter are well taken. The boundaries of the sanctuary could be expanded at a later time, if the State so desired. The expansion of the boundaries would involve more admini- stration procedures including public hearings. Carol K. Willin, Prudence Island, Rhode Island (6/30/80) Comment - Supports the proposed Estuarine Sanctuary as an important educational and research facility. Response - Comment accepted. 38 Comment - Concerned that the proposed management personnel will not be adequate for the type of public access encouraged by the develop- inent of tile park on South Prudence. Urges increased enforcement personnel and close restrictions on all camping. Response - See General Response C. The HIS discusses the adequacy - personnel. of sanctuary management Comment - The threat of fire is due to the high winds in the area. Campsites on South Prudence will add to the risk, particularly because the prevailing winds flow along the axis of the island. Response - See General Responses A and C. Comment - Opposes any bus or van service connecting North and South Prudence, particularly because it would use private roads. @@ons@e - See General Response B. Barbara and Charles 14. Worcester, Prudence Island, Rhode Island (6/29/80) Comment - Opposes a hostel, campsite, buses, vans, cars, or any other surface vehicle used to transport anyone from a park to a sanctuary. Response See General Responses A a'nd B. Comment No impact study has been made on the central section of the Island. No thorough mention of sewage, Water pressure, road repair, personal.injury, invasion of private property, or mid-Island police protection. Response - See General Respon'se D. Cynthia M. Worcester, Prudence Island, Rhode Island (7/1/80) Comment - Camping on the south end'of Prudence Island creates a major fire hazard. Concerned that campers may roam wherever they choose on the Island. Response - See General Responses A and C. Comment - Prudence Island had always been a home for birds and deer, and would like it to remain that way. Response - Comment accepted. 39 John Zompa, Prudence Island, Rhode Island (7/l/80) Comment'- Supports enforcement of sanctuary standards-for the-nort4 and south ends of Prudence Island-. 'Opposes camping-and-campsites. Response - See General Responses A and C. 40 PUBLIC HEARING Listed below are comments and responses to persons that made statements at the public hearing in Portsmouth, Rhode Island, on June 25, 1980. Audubon Society of Rhode Island Alfred Hawkes Comment - The project and the impact statement are excellent. Response - Comment accepted. Comment - It is unclear who will supervise the management of the sanctuary in DEM. There are some questions to be addressed in the FEIS. Who will monitor and coordinate and fund the educational and research projects? Who will handle multiple use conflicts? R-esponse - The DEM Assistant Director for Operations, Frank Geremia, wilT -have ultimate management responsibility for overseeing the estuarine sanctuary. He may have the sanctuary manager report directly to him or to one of his division chiefs. The sanctuary manager will monitor, coordinate, and seek funds for research and educational projects. He/she will be advised in these tasks by the Sanctuary Advisory Committee which will also assist in resolving multiple use conflicts. Comment - Bus service from the south end of the island is not recommended because the south end of the island is able to endure intensive use, whereas the north end must be protected. The people that use the south end of the island will not be interested in the north end and will be bored. Access to Patience and North Prudence should be by ferry. Each ferry should be met by a naturalist who will direct them into a program that will not give them the freedom to cause trouble. Response - See General Response B. Comment - Potter Cove should be limited. It is overcrowded in the summer. There should be a limited number of moorings and the length should be restricted. There should be no camping allowed from boats that are moored. Response - Comment accepted. As part of the management program for the sanctuary, the extent to which Potter Cove is used for boating and mooring T will be evaluated for potential adverse effects. Camping on North Prudence will be prohibited. 41 Comment - There should be a limit to how intensively the,areas.used for educational purposes. Extended educational stays Would eventually have an impact on the area, because of, the limited water supply, soil compaction wildlife disruption - spectic and thus, ground water polltion. u There will need to be some carefully evised constraints on uses. Response - Comment accepted. See General,Responses Cand D. Use. of the sanctuary for educational purposes will be' controll to avoid.adverse, impacts on water supply, soil compaction, and disruptio-n of wildlife. Coalition of Coastal Commiunities David Strauss, Executive Director Comment -- The purpose of the Coalition is to protect the resources,of Narragansett Bay and the surrounding communities. The 'surrounding coastal cities and towns will benefit from-the establishment of the sanctuary. The Coalition urges that the problems the residents of Portsmouth have with the estuarine sanctuary proposal be worked out to t.he. satisfaction of the community, DEM, and NOAA. Response Comment accepted. Comment The location of the sanctuary is,important. Scientific research on marine pollution and the interface where pollut'el waters ineet clean' waters may provide assistance in solving water pollution problems. Response - Comment accepted. Comment - The Coalition recommends a committee be created for t he' planning and premanagement stages of the Bay Islands Park System and the Sanctuary Program. This would allow for a more coordinated effort.to meet the needs of parties and alleviate impacts. Response - A Sanctuary Advisory Committee will be created to assist DEM with the planning for and operat.ion:of the estuarie sanctuary.so as to provide for maximum utilization,Of- the- natural -resources for-research and education. Coordination bet ween the., anctuary and the Bay Islands Park System will be handled by the Assistdnt'Director for Operations in DEM. Comment The proposed sanctuary should be used in its maximum capacity as a marine research center. Response The degree of ,use as a. marine research center. wil.1 depend upon the sanctuary, manager'-s albility to attrat research funds and scientists' to the, sanctuary. This. will -be on the -basic functions of the sanctuary.- 42 Louis E. DelPapa, Prudence Islander Comment It is important that the sanctuary be established. He agrees with what Mrs. Coxe said and agrees With the Rhode Island Audubon Society. Islanders are concerned that there will not be enough staff assigned to properly mananage the South Prudence, North Prudence and Patience Islands. Is there going. to be bussing to the north end of the island? Response - DEM will assign sufficient staff to manage the estuarine sanctuary. Regarding the south end of Prudence anti bussing to the north j end, see General Responses A and B. Mark Goldbererg, Environmentalist Comment -Supports the establishment of the sanctuary. Comment accepted. Comment Opposes the hostel on the south end of Prudence Island and the bus service. Response - See General Responses A and B. Albert Huftalen Comment The 18' mark is bad for fishermen. Response See response to Richard Brochu's comment (Rhode Island Fisherman's Association). Establishment of the sanctuary will benefit fishermen by safeguarding the habitat for aquatic life. Mary Brown Lawrence, Prudence Park Association Comment - The number of campsites on Prudence Island should be limited. Response - Comment accepted. There will be no campsites on North Prudence. See General Response C. Comment Will there by any effort to balance uses in the sanctuary? Response The primary uses of the sanctuary will be for research and education. Other uses will be allowed only if they are compatible with these primary purposes. 'The Sanctuary Advisory Committee and sanctuary manager wil.1 decide which uses are compatible. Comment - Has anyone done an environmental impact assessment on the effects of the proposal on the middle of Prudence Island? Response - Your point is well taken. The FEIS has taken this into account. 43 T. W. Lyons, Jr. Comment'- -In Appendix II, hunting is not listed as an a cceptable use of the sanctuary. Is this an honest-oversight or is hunting restricted? Response - The omission of hunting in the chart in Appendix I I listing proposed activities in the Bay Islands Park System was an .oversight. Hunting will be allowed to continue on all three islands as long as it is compatible with the primary sanctuary purposes. Portsmouth Town Council Carol Zinno, President Comment7- The Town of Portsmouth is genet-ally in favor of@the sanctuary. It would be nice if,the area could be left as-is. Since'that is-not possible, they are willing to work with the State in harmony. Response Comment accepted. Comment Overnight camping on Prudence Island is not acceptable. Bussing people to the northern end of the island is unacceptable as is the establishment-of a "hostel." Response See General Responses A and B. Comment It would be difficult for the Portsmouth Volunteer Fire Department to provide protection on Prudence Island for fire or other emergencies. The proposed ferry service appears to be inadequate to evacuate people in an emergency. There appears to be no way for limiting campers to-"park" grounds. The.one-person Prudence Island Police Department cannot handle the problem of "wandering" campers. The residents will have to deal with the dust, hazards, and noise of 16 busses every day which is undue suffering. Response - See General Responses B, C,- and D. Rhode Island Ffsherman's Association Richard S. Brochu Comment - The 18' mark restriction is of concern to the fishermen. Potters Cove and Conimicut Point are good fishing places. If they restrict that, they will restrict fishing totally in'the bay. Response - The 18' depth around the islands in the sanctuary was selected to define the sanctuary boundary, hot to restrict fishingi The1wo-areas mentioned in the comment are outside the boundary, and not affected by the sanctuary (assuming Potters Cove was referred to and not Potter Cove which is within the boundary). 44 Rhode Island Lobsterman Association Thomas Hall Comment - The chart on page 39 is incorrect. The commercial finfishing trawling area is incorrect. It does not include Pine Hill Bend which is a traditional finfishing area. The document also states that the south end of Prudence Island marks the north end of the lobsters' summer migration up the bay. This is totally untrue. They migrate as far north as Conimicut Point. They also migrate up into Marco Bay. Response - The FEIS has been written to provide accurate information on finfish trawling and lobster migration. Comment - Shellfishing in the area may be shut off within the 18 foot boundary at anytime and they are concerned. They would like an agreement that the lobstering around Hope Island will be allowed to continue. They want to be assured that they will be allowed to fish the way their forefathers did. Response - DEM regulates shellfishing now and will continue to do so, in the best interests of all of the people in the State. Sanctuary status will not alter DEM's present responsibility. Rhode Island Shellfishermen's Association, Inc. John Moran, Director Comment - If the sanctuary is established within the 18' area of the water, would permits for aquaculture in the area be continued? Response - Existing permits for aquaculture would be continued. New applications for aquaculture permits will be considered on their merits. Comment Who has management jurisdiction? What.will be changed? Response DEM has management jurisdiction. Shellfishing regulations will not be changed providing the method used will not interfere with the primary purposes of the sanctuary--education and research. Comment - Fishermen want to have continued access from the shore to the 18' marker as historically has been the case. Response This access will not change. Comment 'He would rather have the State completely run the sanctuary with no Federal influence or money. Response - Without Federal matching funds, the State would not be able to acquire Patience Island. The State, however, owns and manages the sanctuary with minimal Federal influence. 45 Save The Bay Trudy Coxe, Executive Director Comment - Narragansett Bay is Rhode I.sland's greatest -natural and-economic resource. One of the Bays best and h,ighest uses is'for recreational and educational purposes. Response - Comment accepted.. Comment - Narragansett Bay has never received the national attention or presti@e which it deserves. The Bay has thelargest collecti.on and diversity of marine species of any body of water@in the worl.d. Rhode Island has been short-changed in terms of molney.'for water pollution c.lean- up. It- is exciting to have the Feder 'al. goverhme nt acknowl.edg,ing the Bay's ecological importance. Response - Comment accepted. Comment - Sanctuary establishment is a solid cornerstone for creating a park system for Rhode Islanders,. The best ... use of the" 'islan'ds is passive uses. Response - The estuarine sanctuary is intended for research and educational uses; er uses will be passive recreation. The park system will provide active recreation areas-and serves adifferePt function than,the.sonctuary. Comment - Portsmouth officials have been interested i-.n.high-.profit industrialization or commercialization of Prudence Island. Sanctuary designation will protect Prudence.Island. Response - Portsmouth officials are supporting the use of Northern Prudence. Island as a sanctuary. Commen t - Save The Bay is pleased that DEM has decided to eliminate bus service connecting the north end of Prudence to the south end. Response Comment accepted; see General Response B. Comment - Save The Bay urges NOAA to designate the san 'ctuary as quickly as pos'@ible and urges the State to take every step to ensure the pristine nature of these areas. Response - Comment accepted. 46 Dudley Williams, Prudence Land Company Comment Why is this area given a Virginian Biogeographic Classification? Response The Virginian biogeographic region covers the middle Atlantic coast, from Cape Cod to Cape Hatteras; lowland streams, coastal marshes, and muddy bottoms; biota primarly temperate with some boreal representatives. Comment - Because of the depth of channels left by geologic eras and the grinding of waves, there is a large amount of ocean water in the Bay. For that reason, it might make s6-nse to include the south end of Prudence, and the South and west side of Dyer Island in the sanctuary for comparison and to have a feeling for the water supporting the sanctuary. Prior to 1920, the State of Rhode Island leased the entire area in the winter for Long Island oyster fattening and harvesting. The eel grass has disappeared. We should be able to find out why this has happened. Response - Comment accepted. Ideally, the research that begins in the sanctuary waters will be extended over time to take in a larger area of Narragansett Bay to see what affects the ocean currents have on salinity gradient, temperature, nutrients, etc. However, it is not practical to extend the sanctuary boundary to cover the areas you mention in your comment because the south end of Prudence is proposed as the central site for the Bay Islands Park and Dyer Island is privately-owned. Comment - Baseline data should be gathered before huma n uses of the sanctuary are allowed. It does not make sense to use the sanctuary before you have an inventory of what is there. Response - Comment accepted. Baseline data is already being gathered and samples of biota will be taken and analyzed before the sanctuary is opened to visitors. George Williams Comment Seconded what Mrs. Coxe and Mrs. Lawrence stated. Response Comment accepted. I I III III I III III Ill Mill 3 6668 14109 1712 j