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DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE Draft Environmental Impact Statement/ Draft Management Plan U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Ocean Service Office of Ocean and Coastal Resource Management Sanctuaries and Reserves Division Washington, D.C. GC 1,021 State of Delaware D3 Department of Natural Resources and Environmental Control L155 1991 Office of the Secretary Dover, Delaware =00 UNITED STATES DEPARTMENT OF COMMERCE DRAFT ENVIRONMENTAL IMPACT STATEMENT AND DRAFT MANAGEMENT PLAN DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE JULY 1991 Prepared by: U.S. Department of Commerce National oceanic and Atmospheric Administration National Ocean Service 1825 Connecticut Avenue, NW Washington DC 20235 State of Delaware Department of Natural Resources and Environmental Control Richardson and Robbins Bldg. Dover, DE 19903 DESIGNATION: Draft Environmental Impact Statement TITLE: Proposed designation of the Delaware National Estuarine Research Reserve and preparation of a draft management plan. ABSTRACT: The State of Delaware has proposed designation of two sites (St. Jones River and Blackbird Creek) to form a multiple component Delaware National Estuarine Research Reserve totaling approximately 4000 acres of land and water. Federal financial assistance for acquisition, development, operations and management will be requested by the State of Delaware. These funds, accompanied by the required 50 percent state match for acquisition and development and 30 percent state match for operations, will be used for basic program activities, including educational and research projects; acquisition of key lands and water; the design, engineering, and site preparation for the DNERR Education and Research Center; and the preparation of a final management plan for the Delaware National Estuarine Research Reserve. Approval of this proposal would allow for the establishment of a two component estuarine reserve in Delaware representing the Middle Atlantic Subregion of the Virginian Biogeographic Region. The proposed multi-component reserve would be used primarily for education and research purposes, particularly as a tool for improving coastal decision making. No new regulations have been proposed pursuant to this action. Traditional uses within the boundary will continue to be regulated by existing local and state laws and site owner policies. The educational programs will increase public awareness of estuarine resources and their importance. The research plan will establish a baseline monitoring program for the estuarine areas represented by the components, and encourage research projects consistent with the reserve's role as a protected natural field laboratory. Submit any written comments to the contact identified below. APPLICANT: State of Delaware, Department of Natural Resources and Environmental Control, Office of the Secretary, Management and Operations. LEAD AGENCY: U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource Management. CONTACT: Joseph Uravitch Chief, Sanctuaries and Reserves Division Office of Ocean and Coastal Resource Management National Oceanic and Atmospheric Administration 1825 Connecticut Avenue, N.W., Suite 714 Washington, D.C. 20235 TABLE OF CONTENTS DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE Title page Abstract Table of Contents ....................... i List of Figures ......................... iv List of Tables .......................... iv Abbreviation and Acronyms ............... V Executive Summary ....................... vi Page I. PURPOSE OF AND NEED FOR ACTION ........................ 1 A. THE NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM .... 1 B. THE PROPOSED NERRS PROGRAM IN DELAWARE ............ 4 II. PREFERRED ALTERNATIVE ............. o ................... 6 III. MANAGEMENT PLAN PURPOSES .............................. 7 IV. OBJECTIVES AND GOALS .................................. 7 V. RELATIONSHIP OF DNERR COMPONENTS ...................... 11 A. REGIONAL CONTEXT ................................ o. 11 B. RELATIONSHIP TO OTHER COASTAL PROGRAMS ............ 12 C. RELATIONSHIP TO SERRS ............................. 12 VI. MANAGEMENT ISSUES ..................................... 14 VII. MANAGEMENT STRATEGY ............. o....... o ............. 16 VIII. BOUNDARIES AND ACQUISITION PLAN ....................... 25 A. KEY ECOLOGICAL AREAS ....................... o ...... 25 B. PRIORITY ACQUISITIONS .................. o .......... 25 1. Lower St. Jones .......................... oo ... 25 a. Core Areas ................................. 31 b. Buffer Areas .................... o .......... 32 c. ownership and acreage ...................... 32 d. Market values .............................. 32 2. Upper Blackbird ............................. o. 32 a. Core Areas ................................. 39 b. Buffer Areas ...... o ........................ 39 c. Market values .............................. 39 C. STRATEGIES FOR ACQUISITION ........................ 39 1. Fee-simple ........................ ............ 39 2. Conservation easement .......................... 39 3. Memorandum of understanding ................... 40 4. Long-term Leases ............................... 40 5. Alternatives .................................. 40 6. Donations ..................................... 40 D. SCHEDULE .......................................... 40 IX. PUBLIC ACCESS PLAN .................................... 41 A. POLICY ............................................ 41 B. SPECIFIC.COMPONENT ACCESS ......................... 41 1. Public Visitation ............................. 41 2. Group Use ..................................... 42 3. Access for boat or canoe launching ............ 42 4. Fishing, Hunting and Trapping ................. 42 5. Other Uses .................................... 42 X. ADMINISTRATION PLAN ................................... 43 A. ADMINISTRATIVE AUTHORITY .......................... 43 B. STAFF ROLES ....................................... 43 i 1. Administration ................................ 43 2. Research ........ ................ 49 3. Education/Interpretation ...................... 49 4. Surveillance and Enforcement .................. 50 C. ADVISORY COMMITTEE STRUCTURE AND RESPONSIBILITIES . 50 1. Oversite Committee ............................ 150 2. Scientific/Technical Advisory Committee ....... 52 3. Education/Interpretation Advisory Committee ... 52 4. Landowner Associations ........................ 53 D. FEDERAL GOVERNMENT - NOAA REVIEW .................. 53 XI. ENVIRONMENTAL RESEARCH AND MONITORING PLAN ............ 55 A. GOALS OF ENVIRONMENTAL RESEARCH AND MONITORING ..... 55 B. RESEARCH TOPICS AND PRIORITIES .................... 57 1. NERRS National Research Priorities ............ 57 a. Initial Baseline Surveys ................... 58 b. Environmental Monitoring ................... 58 2. Special Studies ............................... 59 a. Habitat Manipulations .............. ....... 59 b. Cultural Resources ......................... 60 3. DNERR Research Priorities ..................... 60 C. DNERR POLICIES AND PROCEDURES FOR RESEARCH ........ 63 1. Procedures for NOAA-funded DNERR Research ..... 65 2. Procedures for State-funded DNERR Research .... 66 3. Procedures for DNERR Research (funded by sources other than NOAA or the State) ................. 67 D. MONITORING PROGRAM ................................ 67 1'. NOAA Phased-Monitoring Program ................ '67 2. Recruitment for DNERR Research Programs ....... 68 3. Off-Reserve Research Projects ................. 68 4. Coordination of Research Efforts .............. 69 a. Coordination Between DNERR Components ...... 69 b. Coordination with the NERR System .......... 69 c. coordination With other Coastal/Estuarine Research Programs .......................... 70 5. Information Dissemination ..................... 72 XII. RESOURCE PROTECTION AND RESTORATION PLAN .............. 73 A. GOALS ............................................. 73 B. POLICIES AND PROCEDURES ........................... 74 1. General Policies .............................. 74 2. Restoration/Habitat Manipulation Policy ....... 76 C. STATE AND LOCAL REGULATIONS AFFECTING THE DNERR ... 79 XIII. EDUCATION/INTERPRETATION PLAN ......................... 83 A. GOALS OF THE EDUCATION/INTERPRETATION PROGRAM ..... 83 B. FRAMEWORK OF EDUCATION PROGRAMS ................... 84 C. TYPES OF PROGRAMS ................................. 85 1. Activities .................................... 85 2. Exhibits ...................................... 87 3. Trails ........................................ 88 4. Individual Components ......................... 88 a. St. Jones Component ........................ 88 b. Blackbird Component ........................ 89 5. Themes 89 6. Coordination .................................. 89 a. Coordination of DNERR ...................... 89 b. coordination with the NERR System .......... 89 c. Coordination with other educational programs 89 XIV. VOLUNTEER PLAN ........................................ 91 ii XV. FACILITIES DEVELOPMENT PLAN ........................... 92 A. CURRENT FACILITIES ................................ 92 B. PLANNING AND DEVELOPMENT FOR FUTURE FACILITIES .... 92 1. Site Needs .................................... 92 2. Costs ............................... 105 3. Environmental Assessment and Engineering Report ...................................... 106 C. SCHEDULE FOR CAPITAL IMPROVEMENTS ................. 106 D. MAINTENANCE ....................................... 107 XVI. OTHER ALTERNATIVES CONSIDERED ......................... log A. NO ACTION ALTERNATIVE ............................. log B. ALTERNATIVE SITES ................................. log C. ALTERNATIVE BOUNDARIES ............................ log D. ALTERNATIVE MANAGEMENT STRATEGIES ................. log E. ALTERNATIVE FACILITY LOCATIONS .................... log XVII. AFFECTED ENVIRONMENT .................................. 110 LOWER ST. JONES RIVER .............................. 110 A. ST. JONES COMPONENT PHYSICAL ENVIRONMENT .......... 110 1. Climate ....................................... 110 2. Hydrology ..................................... 11o 3. Geology ....................................... ill 4. Topography .................................... 112 B. ST. JONES COMPONENT BIOLOGICAL ENVIRONMENT ........ 112 1. Flora ......................................... 112 2. Fauna ......................................... 113 C. ST. JONES CULTURAL AND HISTORICAL RESOURCES ....... 115 D. ST. JONES ZONING AND LAND USE ..................... 120 UPPER BLACKBIRD CREEK .............................. 122 A. BLACKBIRD COMPONENT PHYSICAL ENVIRONMENT .......... 122 1. Climate ....................................... 122 2. Hydrology ..................................... 122 3. Geology ....................................... 122 4. Topography .................................... 123 B. BLACKBIRD COMPONENT BIOLOGICAL ENVIRONMENT ........ 123 1. Flora ......................................... 123 2. Fauna ......................................... 124 C. BLACKBIRD PREHISTORIC AND HISTORIC RESOURCES ...... 126 D. BLACKBIRD ZONING AND LAND USE ..................... 130 XVIII. ENVIRONMENTAL CONSEQUENCES OF PROPOSED ACTION ......... 133 XIX. kCKNOWLEDGEMENTS ...................................... 139 A. DNERR WORKING COMMITTEE ........................... 139 B. SUPPORT SERVICES .................................. 139 C. CONSERVATION DISTRICT ASSISTANCE .................. 139 D. DNERR ADVISORY COMMITTEE MEMBERS .................. 140 XX. DISTRBUTION LIST OF DEIS/DMP .......................... 141 XXI. BIBLIOGRAPHY .......................................... 145 XXII. BASE RESOURCE INFORMATION ............................. 150 A. PLANT SPECIES LISTS ............................... 150 1. St. Jones River ............................... 150 2. Blackbird Creek ............................... 151 B. FISH AND WILDLIFE ................................. 154 XXIII. APPENDICES ............................................ 162 A. BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY ......... 163 B. MEMORANDUM OF UNDERSTANDING ....................... 165 C. DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY ... 171 D. NERRS REGULATIONS ................................. 173 E. FISH AND WILDLIFE MANAGEMENT PLAN ................. LIST QF FIGURES Page Figure 1. Map of the designated Reserves of the National Estuarine Research Reserve System. 2 Figure 2. General location of the proposed Lower St. Jones River DNERR component, in east-central Kent County. 27 Figure 3. Proposed area and boundaries of the Lower St. Jones River DNERR component. 28 Figure 4. Property ownership within the Lower St. Jones River DNERR component (corresponds with Table 1). 30 Figure 5. General location of the proposed Upper Blackbird Creek DNERR component, in southeastern New Castle County. 33 Figure 6. Proposed area and boundaries of the Upper Blackbird Creek DNERR component. 34 Figure 7. Property ownership within the Upper Blackbird DNERR component (corresponds with Table 2, Parts A and B) 38 Figures 8- DNERR Education and Research Center - Two alterna- 13 tive conceptual plans. 98- Figure 14. Wetlands classifications within the Lower St. Jones 103 River DNERR component, from the USFWS's National Wetlands Inventory. 113 Figure 15. Historical and cultural characteristics of the Lower St. Jones River DNERR component. 117 Figure 16. Land use zoning within the Lower St. Jones River DNERR component. 121 Figure 17. Wetlands classification within the Upper Blackbird Creek DNERR component, from the USFWS's National Wetlands Inventory. 125 Figure 18. Historical and cultural characteristics of the Upper Blackbird Creek DNERR component. 128 Figure 19. Land use and zoning within the Upper Blackbird Creek DNERR component. 131 LI�T OF TABLES Page Table 1. Land ownership in proposed Lower St. Jones River DNERR component (East Dover, South Murderkill, and North Murderkill Hundreds). 29 Table 2. Land ownership in proposed upper Blackbird Creek DNERR component. A) Blackbird Hundred 36 B) Appoquinimink Hundred 37 iv ACRONYMS AICUZ Air Installation Compatible Use Zone, Dover Air Force Base BMPs Best Management Practices, established by the Delaware DNREC CFR The Code of Federal Regulations CZMA Federal Coastal Zone Management Act of 1972, as amended DACD Delaware Association of Conservation Districts DEIS Draft Environmental Impact Statement DMP Draft Management Plan DNERR Proposed Delaware National Estuarine Research Reserve DNREC Department of Natural Resources and Environmental Control DNS Delaware Nature Society DRBC Delaware River Basin Commission EIS Environmental Impact Statement EPA U.S. Environmental Protection Agency FEIS Final Environmental Impact Statement FMP Final Management Plan MOU Memorandum of Understanding NEP National Estuary Program, EPA NERR National Estuarine Research Reserve NERRS National Estuarine Research Reserve System, NOAA NMFS National Marine Fisheries Service, NOAA NOAA National Oceanic and Atmospheric Administration NOS National Ocean Service OCRM Ocean and Coastal Resource Management, office of, NOAA SCS Soil Conservation Service, U.S. Department of Agriculture SRD Sanctuaries and Reserves Division, NOAA UofD University of Delaware USFWS U.S. Fish and Wildlife service, Department of Interior v DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE DRAFT MANAGEMENT PLAN AND DRAFT ENVIRONMENTAL IMPACT STATEMENT EXECUTIVE SUMMARY Section 315 of the Federal Coastal Zone Management Act of 1972 established the National Estuarine Research Reserve System (NERRS) , originally called the National Estuarine Sanctuary Program, as a state/federal cooperative venture. Federal matching grants are available to coastal states to develop a national system of estuarine research reserves which are representative of the various regions and estuarine types of the United States. Long term annual NOAA operational grants are available at the ratio of 70% federal and 30% state. In addition, competitive funding for research and education projects is available. The goal of the program is to protect areas of representative estuaries, including valuable wetland habitat, for use as natural field laboratories. National Estuarine Research Reserves are established to: 1) provide opportunities for long-term estuarine research and monitoring; 2) provide opportunities for estuarine education and interpretation; 3) provide a basis for more informed coastal management decisions; and 4) promote public awareness, understanding, and appreciation of estuarine ecosystems and their relationships to the environment as a whole. The NERRS has adopted a classification scheme that reflects differences in regional biogeography and estuarine typology to ensure that established reserves are representative and that a variety of ecosystem types are included. The Delaware National Estuarine Research Reserve (DNERR) is representative of the Middle Atlantic (Sandy Hook to Cape Cod, excluding the Chesapeake Bay) sub-region of the Virginian biogeographic region. Governor Michael N. Castle nominated the St. Jones River site and the Blackbird Creek site as components of a multi-site system with the Department of Natural Resources and Environmental Control (DNREC) as the lead agency. Because these two sites are complementary in their representation of the Middle Atlantic biogeographic categories, the State of Delaware recommended that the sites be managed as one Reserve. For many years DNREC along with the Department of State's Division of Historical .and Cultural Affairs have recognized the values of the lower St. Jones River and its surrounding area. The site is only 6 miles from the State capitol of Dover yet it remains undeveloped farm and woodlands as it has been for more than 300 years. However, the upper less brackish reaches of the St. Jones River have been intensely developed, therefore the addition of the upper Blackbird Creek site is a complementing vi component to the Reserve. The NERRS was viewed as a compatible tool to provide f or natural and cultural resource protection, long-term management and. opportunities for research and education. Boundaries for the proposed DNERR will encompass key land and water areas (or "core area") and a buffer area. The proposed core area includes all of the tidal wetlands of the lower St. Jones River and upper Blackbird Creek sites for a total of approximately 2300 acres. The buffer area includes the lands surrounding the core consisting of wooded fringe, farmed crop and woodlands and freshwater wetlands totaling approximately 1500 acres for the two components. Actual acquisition of core and buffer areas will be less due to the voluntary nature of the program and the expected cooperation of landowners in less than fee simple participation in the Reserve objectives. The purpose of the proposed DNERR is to establish and manage the Reserve as natural field laboratories and to develop a coordinated program of research and education for the Reserve. Under the preferred alternative, the DNREC fish and wildlife scientists will be brought together with other environmental scientists, educators and managers to operate their estuarine and coastal management programs from a modern Education and Research Center located in the Reserve. A collaborative management approach will be used, involving advisory committees, landowners, private organizations, and local, state and federal agencies. The DNREC will continue to serve as the lead agency. Proposed Reserve staff will include a program manager, an estuarine educator, a coastal program specialist, and a clerical position. Many others will be located at the DNERR Education and Research Center whose responsibilities will enhance the DNERR objectives through their normal estuarine and coastal management assignments. Other staff that will be located at the Center will have dedicated DNERR assignments that compliment their regular duties including a research coordinator, education coordinator, volunteer coordinator, a resource protection specialist, cultural preservation specialist, folklorist, aquatic coordinator and others, especially visiting researchers. There will be a major committee composed ot representatives of agencies and organizations that have interests in the programs of the DNERR that will serve in an advisory capacity to DNREC on matters concerning resource protection, education, research and monitoring. The DNERR program manager will coordinate administrative functions and operations of the Reserve's programs and act as liaison with state and regional estuarine programs, NOAA and other NERRs. The Reserve research and education programs will gather and make available information useful for improved understanding, appreciation, and management of estuarine systems especially of the State and Middle Atlantic region. Reserve activities will augment the many on-going conservation and management activities. vii Facilities will be developed as necessary to aid in research and education and to serve as a focal point for visitors to the Reserve. In addition to the preferred alternative, other alternatives are discussed, including no action, alternative sites, alternative boundaries, alternative management strategies, and alternative locations for the proposed DNERR Center. Under the no action alternative, the Delaware NERR designation would not be pursued. The St. Jones River and Blackbird Creek sites are still listed in the Delaware state-wide land protection program, however other funding and management approaches would have to be devised to protect the current values of these estuarine sites. Several other sites were considered, however these were rejected in favor of the proposed DNERR St. Jones River and Blackbird Creek sites because of their representative ecological diversity of the Middle Atlantic region, compatible land uses in the buffer areas, and the willingness of the private landowners to participate in the development of the DNERR. Alternative management plan options were considered, including establishing management of the Reserve within one of the Divisions of DNREC. The uniqueness of the proposed DNERR requires management responsibilities of the Divisions of Fish and Wildlife, Parks and Recreation, soil and Water Conservation, and Water Resources within DNREC. Therefore it is logical for DNREC Department Management to be the lead agency that will coordinate with its Divisions, the Department of State,'s Division of Historical and Cultural Affairs and the many other agencies and organizations that will be involved with the operations of the Reserve. The location of the Education and Research Center was another alternative considered. The St. Jones River site is the preferred location due to its proximity to DNREC Headquarters and other support group offices and facilities. valuable natural and cultural resources will be protected for long-term research and education by designation and implementation of the Management Plan. Natural resources affected by the proposed action include diverse, highly productive estuarine systems comprised of tidal and non-tidal wetlands, open waters, with salinities ranging from freshwater to sea strength, and uplands. Several species of either rare, endangered, or threatened plants and animals occur in the proposed Reserve. In addition to such rich* diversity of natural resources, the Reserve is also endowed with significant archaeological and historical sites and landscapes. Traditional uses in the proposed Reserve include commercial and recreational fishing, shellf ishing, hunting, trapping, wildlife observation, boating, agriculture, and forestry. The viii designation of the DNERR will accommodate traditional uses. The Management Plan is designed to allow these uses on lands acquired for DNERR as long as the safety of visitors and staff is not jeopardized. The environmental consequences of the proposed action are positive. The primary impacts will be long-term protection of both natural and cultural resources, the construction of an Education and Research Center, and increased, however controlled, public access. The siting of the Center may require mitigation of impacted cultural resources, however no other resource will be irreversibly or irretrievably lost. These special estuarine resources will be provided with long-term protection and will serve both now and in the future as sites for important estuarine education and research. The DNERR program is voluntary and non-regulatory. The policies and rules that this Plan contains will only affect lands that have been acquired from willing landowners. All other landowners within the area of the Reserve will have their rights respected by the DNERR. The proposed action is in accordance with all relevant state, local, and federal land use plans, policies and controls for the areas under consideration. ix I. PURPOSE OF AND NEED FOR ACTION The intent of this document is to establish a management plan for the proposed Delaware Estuarine Research Reserve (DNERR) that is agreeable to the landowners of the components, a benefit to the state of Delaware and acceptable to the National Oceanic and Atmospheric Administration (NOAA) for inclusion in the National Estuarine Research Reserve System (NERRS). The mission of DNERR is to establish natural research areas which are representative of the diversity of coastal ecosystems found within the Mid-Atlantic Region. Valuable natural and cultural resources will be protected for long term research and education by designation of the Reserve. The two components of the proposed Delaware Estuarine Research Reserve will be managed by the Department of Natural Resources and Environmental Control (DNREC) in cooperation with relevant local, state and federal agencies. This management plan has been developed according to NOAA regulations (15 CFR Part 921), using information derived from specific site information and public involvement. It is consistent with the congressional intent of Section 315 of the Coastal Zone Management Act of 1972 (as amended) and the provisions of the Delaware Coastal Management Program. A. THE NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM (NERRS) Congress recognized a need to address threats to the country's important and sensitive estuarine areas. The goal of the federal program is to create a system of reserves that represents distinct estuarine ecosystems found nationally, and to manage these reserves for long-term environmental research and education. Although the program is national in scope, individual states are responsible for implementing and administering their own program, with NOAA providing overall coordination. At the present time, 19 NERR Systems have been designated across the country (Fig. 1). Designated Reserves are: Reserve Biogeographic Classification Wells Acadian York County, Maine Great Bay Acadian Great Bay, New Hampshire Waquoit Bay Virginian Mashpee and Falmouth, Massachusetts I FIGURE 1 4/90 The National Estuarine Reserve Research System Padilla Bay 5,51 St. Lawrence ]liver Basin yells .... Great Bay South Slough Waquoit Bay Narragansett Bay 01 Delaware apeake Bay. MI) Clics, San Francisco Buy Chesapeake Bay, VA Elkhorn Slough -th Carolina Nui North Inlet ...... Basin ACE 'i NK; Tijuana Riv r Sapclo Island Ap- a Waimunti C ks Valley, H I East Florida Bay Proposed Rookery ay 0 Designated Ole Jobos Bay, PR National Oceanic and Atmospheric Administration 'Sanctuaries and Reserves Division Wrice of Occan and Coastal Resource Management 1825 Connecticut Avenue, NW Wushinglon, DC 20235 (202) 673-5120 continue Reserve Biogeographic Classification Narragansett Bay Virginian Newport County, Rhode Island Hudson River Virginian Hudson River, New York Chesapeake Bay, Maryland Virginian Chesapeake Bay, Virginia Virginian North Carolina Virginian/Carolinian Sapelo Island Carolinian McIntosh County, Georgia Rookery Bay West Indian Collier County, Florida Jobos Bay, Puerto Rico West Indian Apalachicola River/Bay Louisianan Franklin County, Florida Weeks Bay Louisianan Baldwin County, Alabama Tijuana River Californian San Diego County, California Elkhorn Slough Californian Monterey County, California Columbian South Slough Coos Bay, Oregon Columbian Padilla Bay Skagit County, Washington old Woman Creek Great Lakes Erie County, Ohio Waimanu Valley Insular Island of Hawaii, Hawaii Additional NERR Sites are in the designation process for South Carolina, New York, Florida and California. 3 This draft management plan is consistent with the revised regulations for NERRS which were adopted July 1990. According to the regulations (15 CFR 921) , after designation, NOAA will conduct periodic performance evaluations of a reserve at least once every three years. Evaluations may assess all aspects of reserve operation and management, or they may focus on selected issues. Evaluations may also examine whether a reserve is in compliance with NERRS designation regulations, and particularly whether the operations and management of the reserve are consistent with and further the mission and goals of the NERRS. Federal officials will conduct the performance evaluations. When necessary, NOAA may request federal and non-federal experts to participate in the evaluations. Performance evaluations will be conducted in accordance with procedural and public participation provisions of CZMA regulations. If performance evaluations reveal that the operation and management of the reserve is inconsistent with the DNERR approved Management Plan, the eligibility of the reserve for federal financial assistance may be suspended until the situation is remedied. If major deficiencies are not remedied within a reasonable amount of time, NOAA may initiate a process to withdraw designation of the reserve. Federal financial assistance for acquisition, development, operations and management will be requested by the State of Delaware. These funds, accompanied by the required 50 percent state match for acquisition and development and 30 percent state match for operations, will be used for basic program activities ' including educational and research projects; acquisition of key lands and water; the design, engineering, and site preparation for the DNERR Education and Research Center; and the preparation of a final management plan for the Delaware National Estuarine Research Reserve. B. THE PROPOSED NERRS PROGRAM IN DELAWARE Delaware's participation in the NERR System will help strengthen the federal program by establishing the first System located in the NERRS" Middle Atlantic sub-region (Sandy Hook, N.J. to Cape Hatteras, exclusive of Chesapeake Bay) of the Virginian biogeographic region. Nationally, there are 27 biogeographic sub-regions recognized by NOAA's classification system. In terms of benefiting Delaware, the federal NERR System will provide financial assistance awards to the State to acquire, develop and operate estuarine areas as natural field laboratories and environmental education centers. Additionally, a NERRS program in Delaware will help to conserve open, undeveloped spaces, protect valuable resources, and provide areas for outdoor recreation, all done in a manner which accommodates conservation- compatible, traditional resource uses. Background and History 2f the NERRS Effort in Delaware During the early 19801s, the Delaware Department of Natural 4 Resources and Environmental Control (DNREC) examined the NERR System's precursor, the National Estuarine Sanctuary Program, established in Section 315 of the Coastal Zone Management Act of 1972. While the old Sanctuary Program had several desirable attributes, it did not have enough flexibility or utility within the context of Delaware's resource needs to warrant the State's support. However, during the mid-1980fs, the Estuarine Sanctuary Program evolved into today's NERRS program, having a greater emphasis on applied research and environmental education, while allowing more flexibility in the administration of the reserve components to accommodate multiple uses and to respond to management needs. This change occurred when the Coastal Zone Management Act was re-authorized in 1986, in which Section 315 of the Act was changed to the NERRS program with its new emphasis. With this new direction at the federal level, the DNREC again became interested in the program for Delaware, and in 1988 started a pro-active inquiry. site selection Process Delaware initially identified 16 potential sites for preliminary considerations in the selection process. Based upon environmental representativeness and program utility, the State chose 6 sites for more intensive review. Using intensive site selection criteria, which assessed ecological representativeness, values for environmental research and education, and acquisition and management considerations, a ranking was established for the 6 sites. Information used in the ranking process came from documented sources, field site visits, and professional expertise of the site selection committee members. The top 3 sites were presented to the landowners of the sites and the general public. Primarily from the willingness of the landowners to participate in the NERRS program, 2 sites were selected and nominated to NOAA by Governor Michael N. Castle to be a multiple-site Reserve. The St. Jones River site was selected to be the primary component of the DNERR. Due to the urbanization of the upper reaches of the St. Jones River, the upper Blackbird Creek site was selected as a second component to provide lower salinity estuarine areas which compliment the St. Jones River component. The minimum area of the components is a representative estuarine ecosystem of the Middle Atlantic subsection of the Virginian Biogeographic Region that is suitable for long term research. Expectations of Delaware's Proposed NERRS Program Delaware's participation in the NERRS program will permit the acquisition and long-term management of selected estuarine areas to provide outdoor laboratories for studying ecological structure, functions and processes, and man/land relationships, including both cultural adaptation and the effects of man-indUCed alterations or stresses. The Reserve will be a valuable laboratory for the two EPA National Estuary Programs in the Mid- Atlantic Region (the Delaware Bay NEP and the Delaware Inland Bays NEP) . DNERR components will also serve to educate students 5 and the general public about the environmental roles and values of estuarine areas. Additionally, the protection of relatively undisturbed natural areas will permit the wise use of these natural resources to continue, typically in association with outdoor recreational activities. The protection of buffer areas which include adjacent uplands will serve to protect significant cultural resources. Upon NOAA's approval of the Management Plan and successful completion of the NEPA/EIS and Section 106 processes, the final phases of property acquisition, facilities development, and program implementation can begin. Any lands to be included in the DNERR will be done with the voluntary cooperation of the landowners; there will be no land condemnation procedures associated with the establishment of the Delaware NERR . Lands included in the proposed DNERR may be publicly-owned or publicly-administered properties (at the state, county or municipal levels) and privately-owned properties. The participation of private landowners in helping to manage DNERR sites can take various forms, with the landowner deciding what is best for him/her, whether this decision be based on economics, personal desires for land-use practices and patterns, or both. Private landowner interaction with the DNERR to help activate or participate in the program might consist of fee-simple sale to the DNERR of property at fair market value; other types of property sales to the DNERR (e.g. bargain sale, installment sale, sale with reserved life estate, right of first refusal); various forms of land donations (e.g. outright donation, donation by devise, donation with reserved life estate); dedication as a State Nature Preserve; participation by conservation easements; granting of long-term leases (e.g. 50-year lease); etc. The Delaware NERR program will be administered by the DNREC in accordance with NOAA and the Federal guidelines. The NOAA agency overseeing the establishment and management of the Delaware NERR is the Sanctuaries and Reserves Division (SRD) of the office of Ocean and Coastal Resource Management (OCRM) within the National Oceanic Service. Even though the DNERR is composed of two selected components, the sites will still be administered and managed as a single Reserve. II. PREFERRED ALTERNATIVE The action under consideration by NoAA is a proposal from the State of Delaware to establish a Delaware National Estuarine Research Reserve consisting of two sites located at the lower St. Jones River (including -a segment of the Delaware Bay and its shoreline) in Kent County, and the upper Blackbird Creek in New Castle County. The two component sites of the Delaware Bay estuary are on the Atlantic Coastal Plain in the Middle Atlantic Subregion of Virginian Biogeographic Region. The Middle Atlantic Subregion 6 extends from Sandy Hook (at the New York/New Jersey line) to Cape Hatteras ( at the Virginia/North Carolina line). Ill. MANAGEMENT PLAN PURPOSES The purpose of the proposed Delaware National Estuarine Research Reserve is to establish and manage the areas within the boundaries as f ield laboratories and to develop a coordinated program of research and education for the reserve. The Management Plan contains information on the natural, prehistoric, and historic resources of the components; local and regional influences on the components (e.g., climate, hydrology, geology, land use, and population trends); and historical and traditional uses of the components (hunting, fishing, trapping, silviculture, research, education, etc.). In addition, the plan contains a discussion of management issues affecting the reserve and specific policies and activities to address the issues. The policies are resource protection oriented and the activities address needs related to research, monitoring, education, volunteers, public access, administration, facilities development, and acquisition. The proposed Reserve research and education plans include information necessary for improved understanding, appreciation, and management of the Mid-Atlantic estuarine systems in general. Reserve activities will augment, not replace, the conservation, research, education and other programs of the reserve property owners. Facilities will be developed as necessary to aid in research and education. DNERR access-policies will be developed and enforced to protect the integrity of the reserve. IV. OBJECTIVES AND GOALS The goals are long-term and somewhat open-ended, focusing on desired conditions rather than specific actions, whereas the objectives are short-term, measurable steps that can be taken to fulfill the goals. The various activities and programs recommended for implementation under this plan are aimed at achieving the objectives. Resource Protection Goal Protect the natural and cultural integrity of the ecosystem(s) within the Reserve and associated historic properties from disruptive activities occurring inside and outside of the reserve's boundaries. Resource Protection Objectives - Acquire and protect key land and water areas which approximate an entire ecological unit and comprise the research 7 core and adjacent buffer areas through conservation easements, management agreements, land 'trusts, or land acquisition. - Coordinate existing surveillance and enforcement activities and establish a mechanism to increase resource protection, when necessary; - Provide for adequate public participation as a means to promote compatible uses of the reserve and awareness of the need to protect sensitive resources; - Rehabilitate reserve habitats where necessary to restore natural bio-diversity and prevent further degradation of resources; - Promote the protection of historic properties contributing to an understanding of the human processes which have occurred within the estuary; and - Include historic properties, especially undisturbed areas in land protection decisions. The objectives will be accomplished by implementing this long-term management plan which is tailored to the components' specific resources and management needs. The Management Plan contains an analysis of management issues, a synopsis of existing laws and regulations which protect the reserve components, and a discussion of DNERR management policies which will add additional resource protection. In addition, DNREC and the Conservation Districts will work with affected landowners to develop site- specific conservation plans which can be implemented through conservation easements, management contracts, or long-term leases. Conservation plans will also be developed for properties donated to or purchased by the State for the reserve program. Research Goal Utilize the research reserve for long-term studies to gain a better scientific understanding of natural and human processes occurring within the estuaries and to develop information for improved coastal decision-making. Research Objectives - Promote long-term base line studies to characterize flora and fauna within the Reserve and gain an understanding of the ecological interrelationships between organisms and their environments; - Promote a better understanding of tributary water quality conditions, particularly spatial and temporal dynamics, requirements for growth and survival of living resources, and contribution and effects of point and nonpoint pollution; 8 Promote a better understanding of physical processes operating within the estuary, such as tidal influence, circulation dynamics, freshwater inflow, stratification patterns, and sediment dynamics; -Encourage studies that make effective use of past research and address data gaps in the Reserve's information base; - Encourage studies that promote a better understanding of human use of the estuaries in the past, including the processes by which human groups have adapted to changes in the estuarine ecology, as well as understanding the changes which have occurred in the estuaries as a result of human activities; and - Provide for effective use and communication of research results. The Reserve's components will serve as natural laboratories for field studies in fundamental and applied estuarine sciences and cultural ecology and will provide a linkage between the scientific community and resource managers. The Reserve will be utilized, as appropriate, both for short-term studies to assist in the development of management strategies and long-term studies to improve understanding of ecosystem processes in the Delaware Bay and its tributaries. The Reserve will provide a basis for determining the "health" status of coastal habitats in relation to population growth and development within Delaware and the Middle Atlantic Region. Educati Goal Enhance public awareness, understanding, and wise use of estuarine resources in the Middle Atlantic Region and encourage an environmental ethic among all users. Education Obiectives - Promote knowledge of the Reserve, its resources, and its programs as well as knowledge of broader coastal issues and concerns related to estuarine management and protection; - Provide educational and interpretive services at appropriate Reserve components directly to students, managers and visiting public; use information on past lifeways to make members of the public-more aware of the importance of estuarine ecology and to promote balanced use.of estuarine resources; Promote the preservation of historic properties through public education efforts; Provide opportunities for teacher training, student projects, internships, and assistantships where enrollees work 9 jointly with scientists, gain field experience, and learn about the importance of research resources; - Provide appropriate facilities which contribute to educational interpretative, volunteer, and research uses of reserve sites; and - Provide an understanding and appreciation for appropriate traditional uses of the reserve components, including hunting, fishing, trapping, and boating. The Reserve will be utilized, where appropriate, as outdoor instructional areas for educational studies in estuarine ecology. The reserve program will help foster a long-term commitment to the restoration and protection of the Delaware Bay system and its resources through education about the Bay system, the problems facing it, and the policies and programs designed to help the Bay by providing opportunities for interpretive, recreational, and leisure activities (hiking, bird watching, canoeing, etc.). These activities will be promoted at appropriate reserve sites where the natural area character of the reserve and ongoing research will not be adversely affected. 10 V. RELATIONSHIP OF DNERR COMPONENTS A. REGIONAL CONTEXT The goal of the NERRS Program is to have at least one estuarine reserve representing each biogeographic region of the U.S., and within each region, to represent the major estuarine types found. Currently no other sites exists in the Middle Atlantic region. New Jersey attempted to establish a Reserve along the Mullica River and Maryland had selected potential sites of the Sinepuxent and Chincoteague Bays. None of these sites have been designated. As the focal component of the proposed DNERR, the Lower St. Jones River estuary has several attributes that are desirable for Regional representation : 1) good access and utility for environmental research and education; 2) a relatively undisturbed tidal marsh representative of the moderate to high salinity emergent wetlands found along the Delaware Coast; 3) adjacent State Wildlife Areas on several sides, permitting studies of manipulative and non-manipulative habitat management techniques; 4) a surrounding upland that surprisingly is still agrarian or forested in nature, presenting opportunities to examine the impacts of agriculture on estuaries; 5) close proximity to the growing City of Dover along the upper St. Jones River, yielding opportunities for the study of man's urbanized impacts on estuarine systems; 6) close proximity to the oyster grounds of the open Delaware Bay; 7) proximity to shoreline segments of Delaware Bay that are crucial foraging habitat for the international migratory shorebird resource; 8) a rich, well documented history of man"s use and interactions with the estuary (e.g. the Dickinson Mansion would be part of the DNERR complex); 9) readily available administration and professional management expertise, since DNREC headquarters is within 6 miles and there is good potential to house pertinent DNREC technical personnel at this component and have them assume some of the DNERR management responsibilities as part of their routine duties; 10) good opportunities for outdoor recreation and educational exhibits convenient to a growing metropolis. The Upper Blackbird Creek estuary component nicely complements the environmental attributes of the Lower St. Jones River estuary, since the Upper Blackbird is primarily a low salinity or freshwater tidal marsh, containing a varied mixture of open water, tidal mud flats, and highly diverse emergent wetlands and forested fringes. Desirable attributes of the Upper Blackbird Creek for the Region include: 1) the area is ecologically representative of the landward ends of many regional estuarine rivers and creeks, and is still relatively undisturbed; 2) contains a high diversity of plant and animal life; 3) aesthetic beauty; 4) provides opportunities for outdoor recreation in a relatively remote setting; 5) surrounding land use is primarily agricultural, so provides additional opportunities to assess impacts of farmland practices on estuaries; 6) is near extensive stands of Phra mites along the lower Blackbird Creek, so will provide outstanding opportunities for applied research on the biology and control of this problem species; 7) is in close proximity to ecologically interesting, non-tidal forested wetlands, in particular the Delmarva Bays of Blackbird State Forest. The two sites will be managed as a multi-component Reserve due to the complementary nature of the components. The urbanization of the upper reaches of the St. Jones River estuary caused by the City of Dover limits the opportunity to acquire an ecological unit without the complementary upper Blackbird Creek site. The minimum defined boundaries of the two components together provide the ecologically key land and water areas of the research Reserve. B. RELATIONSHIP TO OTHER COASTAL PROGRAMS These two DNERR components are within Resource Areas designated as Lands of State Significance by the Governor's Greenspace for Delaware's Future Committee (1990). Additionally, the Blackbird Creek wetlands have been designated by the U.S. Fish and Wildlife Service, in their draft (1989) Regional Wetlands Concept Plan supplemental to the National Wetlands Priority Conservation Plan (1989) to help actuate the Emergency Wetlands Resources Act of 1986, as priority wetlands for protection and acquisition. The Delaware Estuarine Reserve should also provide opportunities to help strengthen, and in turn be strengthened , by interactions with the Delaware Coastal Management Program and the new EPA/DNREC Delaware Estuary Program, since the Delaware Estuary (River and Bay) was designated by the EPA in 1988 as part of the EPA's National Estuary Program. C. RELATIONSHIP TO NERRS Delaware's proposal to establish an estuarine research reserve within the framework of the National Estuarine Reserve Research System provides a means of addressing environmental problems in the State's coastal waters, wetlands and contributing watersheds. A fully implemented DNERR will offer protected components where environmental research and education can focus on natural estuarine processes and man-induced alterations within our coastal habitats, typical of the Middle Atlantic Region. Research and Education projects that are selected will help decision makers in addressing critical coastal management issues. The administrative network that is established under the National Program will promote an exchange of research findings and education efforts for Delaware's estuarine waters, the Middle Atlantic Region, as well as from other estuaries of the United States. 12 The management plan evaluation and review in this section primarily addresses NOAA's interest in a network of estuarine reserves that are maintained at a level that will be valuable to the national interest in estuary management. The benefit to Delaware in joining this network of reserves is the sharing of estuarine education, research, and management techniques and the grants that are available to a designated reserve that is meeting the intentions of the national program. Because DNREC's interest in estuarine management compliments NOAA's national interest, the reserve program operates as a state/federal partnership. The management of DNERR is the long-term responsibility of DNREC, and NOAA cooperates with and assists Delaware on a regular basis. NOAA will perform formal reviews to ensure that DNREC is in compliance with federal NERRS goals, the Management Plan, and grant work plans. 13 VI. MANAGEMENT ISSUES There are issues pertinent to Delaware that are in and around the proposed DNERR that must be recognized and addressed. The Management Plan is based on a strategy that is focused sufficiently to minimize the negative impacts of these particular issues as well as maximizing the positive impacts that many of these issues will provide. The Management Plan also provides the flexibility to address issues that may arise over the long term nature of the Reserve. Following are the current management issues: - Population Growth - Highway construction; RT 1 Relief Route;RT 9 & 113 alterations - Channel alignment & dredging - Fish & Wildlife management; Hunting, fishing, habitat improvement - Public access; Restricted areas (e.g. long term research, education, and facility areas) - Refinement of boundaries; To be determined when management issues are addressed - Core & Buffer areas delineations; Depends on desired activities and NOAA restrictions per defined activity - Traditional uses; State owned - DNERR objectives top priority; Easements - Landowners wishes first priority - Research management on non-state areas will be permissible by concurrence of the private sector first - Zoning; Land uses: USAFB flight & noise; Wildcat super fund site; City of Dover; conservation Zones; Agriculture; Sludge & animal waste land/wetlands application - Maintenance of freshwater flow: State stormwater management law; water quantity/quality - Maintenance of natural conditions within site designated areas - Protection of significant natural & cultural resources - Delineation of research agenda to promote DNERR intent - monitor activities 14 - On-site vs. off-site program - Representative of Middle Atlantic sub-region - Need to develop reserve program that provides better management tools for coastal programs - Research protection activities (Habitat manipulation or alteration) - Controlled flexibility (all plans need to include desired activities & undesired activities) - Administrative oversite - Support long-term studies - Resource data base - Link DNERR with scientific community - Transfer & translation of scientific information to coastal decision-makers & users - Peer review of proposals and technical reports - Tailor education, interpretation & other visitor use programs to component needs & constraints - Coordinate Estuary research, education & cultural efforts in Delaware - Cultural resources; Cultural resources person needs to be integrated with whole program - Establish research, education, & cultural center - Encourage environmental ethic among all estuary users 15 VII. MANAGEMENT STRATEGY LOWER ST. JONES RIVER Research Values The Lower St. Jones River estuary offers several attractive features for estuarine research, primarily because of its accessibility and the juxtapositioning of an urbanized, developed upper watershed with an agrarian, relatively undisturbed downstream component. Being adjacent to intensively managed State Wildlife Areas offers opportunities to develop and evaluate habitat enhancement or restoration methods. It is probable that most of the habitat management manipulations would occur on the proactively-managed Wildlife Areas, with much of the proposed DNERR component serving a control function. However, carefully planned and sited habitat manipulations would still occur in the proposed DNERR component on a limited scale for research purposes, or may have to be done to protect or conserve natural resources on the Reserve. Such manipulations would have to be done in context of what areas might be designated core vs. buffer zones within the Reserve's boundaries. It is anticipated that the primary habitat management research topics (on-site or off-site) would focus on the restoration and management of impounded marshes for multiple resource objectives; on mosquito abatement practices; on phragmites control; on management of waterfowl, migratory shorebirds, and upland game species; on muskrat management and furbearer harvest; on management for endangered or rare species; and on the effects of sea-level rise on emergent wetlands. Basic ecological studies on the structure and function of mesohaline- polyhaline emergent wetlands could be an important component of the research program. Studies on commercial fisheries for blue crabs, oysters, shad, white perch, weakfish, striped bass, and eels could be conducted in the adjacent open waters of Delaware Bay and in the lower end of the St. Jones River. Since June, 1988, a health advisory for human consumption of fish caught in the St. Jones River has been in effect because of PCB contamination in sampled fish tissues. Since the source of this PCB is a mystery, it will be a priority to DNERR researchers. The close proximity of the Reserve component to the major oyster beds of Delaware Bay should make an ideal location for study of this important benthic community type. The primary natural oyster seed beds of Delaware Bay are 10-20 miles north of the mouth of the St. Jones River, while Delaware's leased oyster grounds lie offshore only 2-10 miles north from the River's mouth. Boat access to the open Bay could come f rom a state-owned dock and ramp at the mouth of the Mahon River (about 8 miles north of the Reserve), or from a state-owned ramp and commercial dock facilities at the mouth of the Murderkill River in Bowers Beach, only 1/2-mile south of the 16 mouth of the St. Jones River. There is also a state-owned small boat ramp and parking area on the St. Jones River itself, within the proposed Reserve boundaries about 1/4-mile west of Rt. 113 at Barkers Landing. In addition to studies of the Delaware Bay oyster beds, research on the oyster bar community within the most seaward mile of the lower St. Jones River warrants effort, since its decline and degradation mirrors what has happened to the oyster communities at the mouths of almost all tidal rivers and creeks emptying into Delaware Bay, from north of Woodland Beach south to the Broadkill River near Lewes. At present, high bacteria levels keep all of these river- or creek-mouth oysters off-limits for human consumption, and most of the beds do not have high enough densities for commercial harvesting even if consumption was permissible. An important research program for Delaware that may be housed at the Lower St. Jones River DNERR component is the assessment of the control efficacy and non-target impacts of mosquito control insecticides, either developmental or operational. Such a program would involve "micro-marsh" controlled breeding habitats and hand-application of products, with the research done in conjunction with other agencies and the product manufacturers. Additionally, research projects directed at the mass culture of larvivorous fishes such as Gambusia, or studies of other mosquito control biological agents such as bacteria, fungi or nematodes, would be encouraged. Researc h opportunities in the lower St. Jones River basin also exist to assess the impacts of farming practices on the estuary, particularly in terms of non-point source run-off of nutrients, sediments and pesticides, going either into the headwaters of tidal tributaries or into the upper wetlands fringes. New or innovative farm management practices designed to lessen these problems could be implemented and evaluated. Because of the rich historical and cultural database already existing for the Lower St. Jones River, the component will lend itself to analyses of estuarine impacts or uses associated with many of man's past activities. With the upper end of the St. Jones River watershed heavily developed by the growing city of Dover, there are excellent opportunities along about a 5-mile segment of the River, just upstream from the Reservel's western boundary, to examine the impacts of urbanization on the estuary. Research emphasis could be given to the impacts of commercial and residential development on non-point source pollution into the headwater tributaries and upper wetlands fringes, particularly from stormwater run-off; on point-source discharge impacts from industry, consisting of a power plant and two manufacturers who do permitted discharging; on aesthetic and associated problems from trash dumping into the wetlands, particularly of old tires and appliances; on groundwater and estuarine surface water pollution problems associated with vertical and lateral leaching from an abandoned landfill (the Wildcat Landfill, a Superfund clean-up site); on 17 the impacts of state - and-grave 1 excavation operations occurring in adjacent uplands; etc. A pending $400,000 federal EPA grant to implement a non-point source sediment-and-po 1 lut ion control plan for the headwater areas above Silver Lake in Dover could be of interest for DNERR monitoring. Silver Lake itself has troublesome problems with bacteria levels, nutrients, and algal blooms. There may also be an opportunity to do aquaculture research, since the sand-and-gravel excavation business has just initiated an effort to culture hybrid striped bass in some of the company's abandoned borrow pits. A major asset to the proposed DNERR research program would be the establishment of support facilities on the Reserve component that would house the working offices and laboratories of DNREC professional technical staff. Key field-oriented staff professionals from the Divisions of Fish and Wildlife, Parks and Recreation, Soil and Water Conservation, and Water Resources may have their operational base housed in the Reserve's new support facilities, -and as such could easily become directly involved, for a portion of their time, in the DNERR research programs for a wide range of activities (e.g. planning, survey, monitoring, assessment, evaluation, analyses, etc.). Additionally, administrative or technical staff from the Kent Conservation District might also be interested in locating on the Reserve. The potential influx and close association of operational technical personnel with the day-to-day research activities -of the Reserve should greatly strengthen the quality, quantity and applicability of the research performed by or through the DNEPR program. Education Values The Lower St. Jones River estuary, centrally located in Delaware, could become the focus of state environmental/ cultural education efforts regarding estuarine systems. The Lower St - I Jones River estuary is located approximately 6 miles from Dover, home of both Delaware State College and Wesley College. The Reserve would be about a one-hour drive from either the Newark main campus of the University of Delaware or from the University's Marine Studies Field Complex in Lewes. Additionally, its central location in the State would provide access to varied estuarine environments for elementary and secondary school groups, necessitating no more than a one-hour commute for almost all Delaware schools. The component includes the John Dickinson Mansion, home to one of Delaware's colonial leaders and signer of the Declaration of Independence. The site, -currently owned and operated by the State Division of Historical and Cultural Affairs, is a major interpretive center offering guided tours of the home and grounds. The plantation is a major tourist attraction and is frequented by school groups from throughout the state. The site was visited by a total of 7,194 people from the period June, 1988 18 to June, 1989, including 95 groups. Interpretation at the site focuses on the life of John Dickinson as well as the lifestyle and culture of colonial Delaware and America. The St. Jones River served a crucial role during the Colonial period as a vital maritime link with the outside world. Town Point, site of the oldest known European settlement in Kent County, is located in the Ted Harvey Conservation Area, a state-owned property adjacent to the proposed DNERR component. The Lower St. Jones River is especially well suited for educational purposes because of its proximity to the Delaware Bay. The adjacent Little Creek Wildlife Area offers access to bayfront beaches suitable for interpretive walks, bird watching, seining and other nature-study activities. The Delaware Nature Society facility at Abbott's Mill near Milford is located approximately 15 miles south from the Lower St. Jones River. As a DNERR component is established along the Lower St. Jones River, plans would be developed for the construction of a major research/educational center. Similar to the advantages for research efforts, the stationing of DNREC professionals at the Reserve's facilities center could greatly strengthen the operation of the environmental education program. The center would house nature exhibits, aquariums, interpretive displays and literature on estuarine issues, and serve as a base for field tours of the Reserve. Field access facilities such as interpretive trails, boardwalks, and observation towers would be constructed. A center would also serve to complement the existing facilities and exhibits housed at the Dickinson Plantation. The diversity of habitat, from uplands to tidal marsh and finally beach and open waters of the Delaware Bay, presents a unique outdoor classroom setting and opportunity to provide a holistic view of estuarine systems. Practical Management Considgrations Traditional Uses The Lower St. Jones River estuary has a rich, intensive tradition of consumption of renewable natural resources that must be recognized and accommodated by the DNERR program in development of the Management Plan. Waterfowl hunting, upland game hunting, muskrat trapping, and commercial fisheries (e.g. crab and eel potting, gill netting) all occur within the main channel of the St. Jones River, its tributaries, or throughout the contiguous wetlands. The recreational fishing pier at the State-owned St. Jones River Access Area (on the south side of the River, west of Rt. 113 at Barkers Landing) is used by local citizens primarily for crabbing and fishing for white perch and catfish. A private trap-and-skeet shooting club leases several 19 acres of upland fringe and tidal wetlands adjacent to the Rt. 113 bridge, just to the east of the bridge on the south side of the River. These and other traditional outdoor activities should be accommodated by the Reserve program. Mosquito Control Because of the Reserve component's proximity to Dover, and the potential for mosquitoes causing on-site and off-site nuisances and carrying diseases that could cause human illnesses, such as Eastern Equine Encephalitis, saltmarsh mosquitoes that are produced on the Reserve must be controlled. Fortunately, much of the Reserve's tidal wetlands are regular ly-f looded habitats where mosquito production is not too severe. However, there are irregularly-flooded zones behind the creekside natural levees or near the upland fringes that necessitate occasional control efforts. When warranted, these areas are treated by the Delaware Mosquito Control Section (part of the Division of Fish and Wildlife) with aerial ly-applied larvicides before the adult mosquitoes emerge, done at a frequency of 2-6 times per pest season (May-October) . Quite infrequently, it may also be necessary to aerially-apply adulticides along the field-and- forest border of the wetlands' upper fringes. Because of the nuisance and human disease problems associated with the far- ranging saltmarsh mosquitoes, these insecticide control efforts must continue within the Reserve after its creation, both within core and buffer zones. The State is actively pursuing a program to lower its dependence on chemical insecticides to control saltmarsh mosquitoes, by substituting the biological control technique of Open Marsh Water Management (OMWM) as fast as the State's resources and landowner cooperation permit. The environmentally- compatible OMWM technique uses selective excavation of ponds and ditches to usurp ovipositioning sites and to increase larvivorous fish access. In order to reduce the need to use insecticides, the State has included the lower St. Jones River basin for future consideration for OMWM implementation, just as has been planned for many other pest-problem production areas within Delaware's coastal marshes. An additional advantage of the OMWM technique is that a parallel-grid-ditched marsh which is treated with OMWM has wildlife habitat of pools and pannes restored to the marsh that were dewatered by the parallel-grid ditches. other pest populations of non-culicid biting flies (e.g. greenhead flies, deer or sheep flies, biting gnats or no-see-ums) occur on the Reserve component, and at times they can be very annoying. However, because of their localized distribution and short flights, they a 're.normally not controlled. This policy may have to be reexamined dependent upon the health problems that establishment and operation of a Reserve program may discover. The use of chemical, biological or mechanical control options will be carefully evaluated for efficiency and impact on non- target species. A baseline for initiation of control activities for non-culicid biting flies may be set based on research at the Reserve. 20 Phragmites The rapid spread of phragmites over many areas of Delaware's coastal wetlands has had a net detrimental impact on the quality and quantity of the marsh's resources. While the extent of phragmites cover on the proposed Reserve component is not yet severe, there is the potential that this problem might someday need proactive measures on the Reserve. About 11% of Delaware's coastal wetlands are densely infested with phragmites, and about 1/3 of all of the State's tidal marshes have this species' cover at lower densities. Areas of the adjacent Ted Harvey Conservation Area had unacceptable phragmites incursions and were treated for marsh restoration. If phragmites control is required in order to achieve a balanced representative ecosystem, the State's control program, relying on selective application of glyphosate herbicide followed by prescribed burning, is an option for both core and buffer zones. Access Controlling public access to the Reserve component should not be too difficult even though the area is along a linear corridor divided by a river. To the east of Rt. 113, extensive upland buffer zones on both sides of the St. Jones River could be created, since there are only a few property owners and the area is almost exclusively agricultural. On the west side of Rt. 113, the north side of the river has only a few property owners, dominated by the upland sand-and-gravel pit operations. The area of the Reserve where access might be most difficult to control is on the south side of the River west of Rt. 113, where two county roads bring the public right to the River's edge for a portion of the River's frontage. Boat access to the River corridor itself is somewhat limited, with the main access being a well-used, State-owned ramp for small boats at Barkers Landing, on the south side of the River just west of Rt. 113. The possibility for small boat access from the proposed DNERR facilities center an the River's north side east of Rt. 113, via a natural tributary running from the main channel to a new backmarsh landing, will be thoroughly considered. There is no public access for motorized boats to the River upstream of the Barkers Landing ramp, although Dover residents launch canoes and car-top-style boats from upstream shorelines and from a canoe ramp near Court Street in Dover. Because water depths over the sediment and oyster bars at the Riverts mouth may be less than a foot at low tide, access into the Lower St. Jones River from Delaware Bay is limited near low tides to only shallow-draft boats. The use of the River by commercial boats or larger recreational craft is presently limited due to lack of upstream access and downstream shoaling problems. A seven-foot deep channel from Delaware Bay to Dover was completed by the Army Corps of Engineers by 1933, but subsequent dredging was abandoned 21 because of lack of demand and no place to dump the excavated spoil. There are no current plans or designs for upstream marinas or downstream dredging. UPPER BLACKBIRD CREEK Research Values The diversity of estuarine habitats found in Upper Blackbird Creek, and how they , dif f er f rom those f ound at the Lower St. Jones River component, are major attributes for environmental researchers. Some of the least understood estuarine zones, in terms of their ecological structure and function, are brackish and tidal freshwater marshes. The interconnectiveness of upland and marine environments starts in these zones, so a better comprehension of oligohaline-limnetic systems should yield benefits to our overall understanding of estuarine ecosystems. The proposed Upper Blackbird Creek component provides outstanding examples of these transitional habitats. other research opportunities within or near the Upper Blackbird Creek component include studies of agricultural practices in terms of their effects on estuarine biota or processes, and studies in land-use planning in terms of contending with burgeoning residential development. In the most seaward portion of the proposed Reserve, and then for several miles downstream of this area, there are some of the State's most dense and extensive phragmites stands, providing substantial opportunities for basic and applied research studies of this problem species. The proximity to complexes of swaled freshwater wetlands, the Delmarva Bays, should be of interest to hydrologists, botanists and herpetologists. At the present time, research support facilities at the Upper Blackbird Creek component are not being considered (although a modest educational/visitor facility might be developed). Because of the proximity to the Lower St. Jones River component's proposed facilities center (about a 35-minute drive), researchers would commute and use the Upper Blackbird Creek component primarily as a field laboratory. Hydrographic monitoring stations might be established in the lower and upper portions of the component's main channel, consisting of continuously-recording tide gauges to monitor water heights, continuously-recording instruments for salinity and temperature, and rain gauges. of course, similar hydrographic monitoring stations would be established for the Lower St. Jones River. Research support need. that must be developed for Upper Blackbird Creek is an access site(s) fdr motorized small boats. Education Values The Upper Blackbird Creek, located in southern New Castle 22 County, is an excellent representative of an inland portion of a Delaware Bay tributary. The headwaters of the creek are formed, in part, by some of the state's most valuable and unique freshwater wetlands. With the focus on freshwater wetlands at the state, regional and national levels, the Upper Blackbird area provides an excellent opportunity to highlight these resources through educational and interpretive programs. The Upper Blackbird Creek could be utilized as a very convenient field trip site for many of the New Castle County school districts, as well as the Delaware Nature Society (DNS). Over 65% of the State's school children are in New Castle County. DNS contracts with the New Castle County schools in providing environmental education experiences. Students often visit Ashland Nature Center, operated by DNS, for interpretive programs. However, the DNS does not offer a center focused on estuarine or marine environments. In addition, DNS coordinates numerous field trips annually to natural areas throughout the state. There may be many opportunities at the Upper Blackbird Creek component to interact with the DNS for educational programs. Stream Watch, a volunteer program which instructs citizens how to monitor and test surface water quality, is also coordinated by DNS through a grant provided by the Department of Natural Resources and Environmental Control. Major waterways throughout the state have been "adopted" by Stream Watchers who report results of visual observations and tests for oxygen levels to DNREC. The Upper Blackbird, as well as the St. Jones River, could provide excellent opportunities for this type of active citizen involvement. In terms of serving higher education needs, Upper Blackbird Creek is located about equidistant between the University of Delaware's main campus in Newark and Delaware State College and Wesley College in Dover. The Upper Blackbird Creek component offers estuarine habitat types not found near the University of Delaware's Marine Studies Field Complex in Lewes. The primary education/ interpretive center for the Delaware NERR is to be located at the Lower St. Jones River component. However, a modest educational facility might be established at the Upper Blackbird Creek component for visiting school or environmental groups. Such a facility might consist of a secure, one-room building with a permanent exhibit; an open-sided pavilion with tables and benches; and restrooms. The establishment of DNERR educational/interpretive facilities, with components on the St. Jones River and Blackbird Creek, should be''attractive destinations not only for Delawareans, but also for residents of nearby metropolitan centers such as Philadelphia, Baltimore, Washington, D.C. and Norfolk, all within a 150-mile radius of the proposed DNERR. 23 Practical Manacrement Considerations Traditional uses Several of the management considerations associated with the Lower St. Jones River component also apply to the Upper Blackbird Creek component, and are addressed in the Management Plan. In particular, concerns with accommodation of waterfowl hunting and muskrat trapping are addressed. Because of the components proximity to extensive phracjmites stands, a response plan to future unacceptable incursions within the component must be developed. Production of saltmarsh mosquitoes is not too much of a problem because of the brackish and freshwater habitats of upper Blackbird Creek; however, those mosquitoes that are produced can be locally annoying. Other biting flies will occasionally be severe nuisances. Buffer The Upper Blackbird Creek component will be divided by Blackbird Creek running through the component's center (similar to the Lower St. Jones River component) . Roads at both extreme ends of the Reserve, and another crossing about 2/3 of the way upstream in the Reserve, connects the opposite sides of component. Because of the agricultural nature of most of the uplands surrounding the creek corridor and its emergent wetlands, upland buffer zones of satisfactory size should be able to be established. Access Upper Blackbird Creek has very little boat traffic, and what does occur is essentially. associated with waterfowl hunting, muskrat trapping, and recreational fishing. Boat access along the entire course of Blackbird Creek is very limited, with only a few unimproved, private access points. There are no expectations of the creek's future use for commerce, both because of its very shallow depths upstream at low tide and the lack of driving economic forces in the adjacent uplands. The creation of a downstream water access area for motorized small boats, in conjunction with a headwaters canoe launch area, are very desirable improvements to consider. 24 XIII. BOUNDARIES AND ACQUISITION PLAN A. KEY ECOLOGICAL AREAS Boundaries-for DNERR must include an adequate portion of the land and water areas of the natural system to form an ecological unit and to ensure effective conservation. These areas must be discrete enough to be effectively managed, and large enough to make long-term research possible. To help focus management efforts, site boundaries encompass core and buffer areas. NOAA's Guidelines for Establishina Proposed boundaries for National Estuarine Res@_r_ves define core areas as areas which contain "critical estuarine ecological units for research purposes, encompassing a full range of significant physical, chemical and biological factors contributing to the diversity of fauna, flora and natural processes occurring within the estuary." The core area is "so vital to the functioning of the estuarine ecosystem that it must be under state control sufficient to ensure the long term viability of the reserve for research on natural estuarine processes...(These areas] should encompass resources that are representative of the total ecosystem which, if compromised, could endanger the research objectives of the reserve." A buffer area is defined as an "area adjacent to or surrounding the core and on which the integrity of the core depends. This area protects the core and provides additional protection for estuarine depending species." The buffer area may include an area for research and education facilities. Site surveys have been conducted to establish boundaries for each DNERR component. Acquisition strategies to establish adequate State control have been established to provide long-term protection for reserve resources within these boundaries. Expenditure of federal and state funds will be minimized by giving priority to non-fee simple acquisition strategies, such as Memoranda of Understanding (MOUs), conservation easements and long term leases when possible. Fee simple acquisition will be used to obtain some privately owned parcels of land. The state will acquire control of land and water areas from willing sellers and participants only. No condemnation procedures will be used. B. PRIORITY ACQUISITIONS 1. Lower St. Jones The Lower St. Jones River DNERR component is located in east-central Kent County, approximately 6 miles southeast of downtown Dover (Fig. 2). The proposed maximum DNERR boundaries encompass about 5000 acres, with most of the area east of Rt. 113 25 (at Barkers Landing), on the north side of the St. Jones River (Fig. 3). The other portion of the component east of Rt. 113 is on the south side of the St. Jones River, extending up Trunk Ditch to Rt. 113, with the remainder of the component on both sides of the St. Jones River west of Rt. 113, extending up Cypress Branch to C.R. 363 (Fig. 3). ST. JONES SITE BOUNDARIES The proposed component is between the Logan Lane tract on the east, which forms the state-owned, 2019-acre Ted Harvey Conservation Area and the 176-acre Roberts tract on the west, also part of the State Wildlife Area system managed by the DNREC's Division of Fish and Wildlife. The Wildlife areas proximity to the Reserve will nicely complement the component's conservation, research and educational activities. Whenever or wherever feasible, activities on the State Wildlife Areas can be done in a manner supportive of the NERRS program, as long as the traditional activities, purposes and management practices on the State Wildlife Areas are not hindered or compromised. The distance along the main channel of the St. Jones River between the Reserve's upstream, western boundary and Delaware Bay is about 5 1/2 miles. The river continues upstream past the proposed landward boundary of the DNERR component for another 5 miles, flowing out of Silver Lake near downtown Dover. The DNERR component would encompass the John Dickinson Mansion (north of the St. Jones River and east of Rt. 113), managed by the Delaware Division of Historical and Cultural Affairs. The component is partially adjacent to the Dover Air Force Base on the north, and the main body of the component is two miles west of the Delaware Bay shoreline. River area to the Bay is included in the component as well as the section of the Delaware Bay from the mouth of the St. Jones north and along the shore boundary of the Logan Lane tract to it's limit along the shore and extending bayward a distance of two miles. 26 --tZ @Plfx MkOkIFE Jft Z "IN KM MWWaM t RT @47 Ism 01i In oar @47 ft sr t5z 'A,U 1@z EMU REED &QWTS WA. 1113o us Bv @A@ -..I V 0" la@ -NAL 2 7a 1_7 MOW"% YN Is 1"GTON! FIGME 2 General location of the proposed Lower St. Sones River DNERR Component, in east-central Kent County -,E -A k 17A 0 C, 77 ru 6, FIGURE 3 Proposed area and boundaries of the Lower St. Jones River DNERR Component TABLE i Land Ownership in Proposed Lower St. Jones River DNEPR Component MAP PARCEL ACREAGE OWNER East Dover Hundred 96 20 95.4 Adele Conner, 19 S. State St., Dover, DE 19901 19 264.7 George & Lynch, Inc., 422 Water Street, P.O. Box 326, Dover, DE 19903 15 306.5 Delmarva Land Co., 113 W. Sixth St., New Castle, DE 19720 21 13.0 Historical Society, State of Delaware 106 23 5.3 Thomas B. Farr Estate, P.O. Box 325, Little Creek 19961 8 1.3 David J. & Sharon Lewis, R.D. 3, Box 189, Little Creek 7 2.5 Joan M. & Mabel 1. Jones, R.D. 3, Box 216-D, Dover 6 12.0 Robert Clouser, 216 S. Governors Blvd., Dover 5 8.4 Alexander Auchterionie, R.D. 3, Box 187, Dover 3 12.0 FOP 2 11.1 Delmarva Power & Light, 800 King St., Wilmington 10901 24 470.8 Alvin Wilson, R.D. 1, Box 363, Dover, DE 19901 1 233.5 Alvin Wilson, R.D. 1, Box 363, Dover, DE 19901 105 7 249.8 Delagra Corp., P.O. Box 126, Bridgeville, DE 19933 10 90.0 James McILvaine, P.O. Box 73, Magnolia, DE 19962 8.01 23.0 State of Delaware 8 100.0 King Cote Farms, 207 Hutlihen Drive, Newark 1 40.0 Marjorie Lane, 9 M. Main St., Magnolia, DE 19962 South MurderkiLl Hundred 114 1 543.3 Morris, David Vance & Wm. George, R.D. 1, Box 200, Frederica, DE 19946 113 17 76.9 The Island Farm, Inc., 207 HuMhen Dr., Newark 34 366.4 King Coke Farms, Inc., 207 Hutlihen Dr., Newark 15.01 1.2 Same as above 16 996.4 Same as above 43 75.0 John Wilkins, P.O. Box 302, Frederica, DE 19946 41 55.8 Esther & James Orvis (Lifetime Est., P.O. Box 6, Clayton 105 23 43.5 King Cote Farms, Inc., 207 Hultihen Dr., Newark, DE 19711 13 4.4 Capitol office Equipment, P.O. Box 696, Dover, DE 19903 12 51.0 Henry Zimmerman, R.D. 2, Box 19, Magnotia, DE 19962 27 80.2 King Cote Farms, Inc., 207 NutHhen Dr., Newark, DE 19711 North MurderkilL Hundred Road, Dover, DE 19901 96 03 100.0 John Farron, 174 Old Mitt 04 144.0 State of Delaware 105 3 10.0 Henry Zimmerman, R.D. 2, Box 19, Magnotia, DE 19962 2 363.0 Calvin Meyers, R.D. 2, Box 21, Magnolia, DE 19962 1 177.2 Same as above /*, FIGURE 4 EAST DOVER HUNDRED 306.5,,' Property ownership within the Lower St. Jones River DNERR Component (corresponds with Table 144.0 264.7 P. 95.4 12.0 2.5 1.3 .2. 100.0 .@23. 13.0 -5.3 5.3 NORTH 40.0 8.4 MURDERKILL 363.0 HUNDRED 177.2 - 100.0 249.8 233.5 -12.0 10.0--- 90.0 N 410.8 51.0 0.2 43.5 4.4 996.4 Ct MAGNOUA 1.2 76.9 A 543.3 366.4 75.0 SMH MURDMI11 55.8 MNDRW LOWER ST. JONES Scale In Feet PM MM17- 4500 3WO 15M 0 3WO Local Interest and Participation The Lower St. Jones River received the most local support and interest of any site that was examined. Significant interest in the Lower St. Jones River area for its research and educational potential was expressed by both Delaware State College and Wesley College. Letters of support for the Lower St. Jones site were sent by the Principle Planner for Kent County, and by the Mayor of Dover. A joint letter of support for the St. Jones site from the Mayor of Dover and the President of the Kent County Levy Court was sent to Governor Castle. A local historical society, the Friends of Dickinson Mansion, was supportive. Town officials from Bowers Beach expressed interest in having the DNERR program help in land-use planning to conserve rural characteristics along the south side of the lower St. Jones River. The formation of a Lower St. Jones River-DNERR Landowners Management Association, with three property owners elected to serve as Association officers, was quite encouraging. One of the private landowners within the site, an owner of about 700 acres of contiguous key parcels, has expressed a strong interest in helping to establish the program. Land Ownershig The Lower St. Jones River site boundaries encompass 33 parcels of land representing 22 landowners (Table 1 and Fig. 4). The figure of 5028 acres for this site is a maximum value, since it includes upland areas for parcels containing wetlands where not all of the upland may need to be included in the DNERR component, although some upland area is needed for buffers and support facilities. In terms of percent ownership, 3.3% is owned by the State; 6.1% by a construction company doing sand-and- gravel excavation on its adjacent property; 0.2% by a fraternal organization; 0.3% by an historical society; 33.1% by a corporate farm; 5.0% by another corporate farm; and the remaining 51.8% by 16 private landowners, with four of these private landowners owning 40.8% of the proposed component. a. Core Areas The minimum core area of the St. Jones component, which includes a complete egological unit, consists of approximately 50 percent of the estuarine wetland complex located an the north side of the river between the Logan Lane Tract of the Ted Harvey Wildlife Area and Route 113. This complex includes the tidal marshes, tidal creeks and guts, and the open waters. Excepted from this wetland complex is the old wharf site immediately behind the Dickinson Mansion in the edge of the tidal marsh and other areas surrounded by upland. The maximum core area includes all of the estuarine wetland complex on both sides of the river from the Delaware Bay to the Delmarva Land Company located 1.75 miles west of the Barkers Landing Bridge. 31 b. Buffer Areas The buffer areas of the component includes the present agricultural and wooded areas immediately adjacent to the core areas. Included in the buffer areas are the freshwater or tidal marshes surrounded by upland. The old wharf site is part of this buffer. The other areas located south of the St. Jones River east of Route 113 and on both sides of the St. Jones River west of Route 113 will be within the buffer to the core. c. ownership and Acreage There are 33 tracts with 22 owners in the St. Jones area, comprising 5028 acres. The f ive owners in the core area are being contacted to enlist their cooperation. Two of the f ive have expressed a desire to work with the State in establishing core and buffer areas. d. Market values market values will be established by appraisal reports in conformance with the "Uniform Appraisal Standards for Federal Land Acquisitions." "Fair Market Value" is defined as the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would be sold by a knowledgeable owner willing but not obligated to sell to a knowledgeable purchaser who desired but is not obligated to buy. More than one appraisal may be necessary where negotiations stall. Only appraisers who can meet these standards will be used. 2. Upper Blackbird The proposed DNERR component for the Upper Blackbird Creek estuary is located in southeastern New Castle County to the east of Rt. 13, about midway between Odessa to the north and Smyrna to the south (Fig. 5). This component of the DNERR is located about 20 miles (or a 35-minute drive) north of the DNERR focal component on the Lower St. Jones River. BLACKBIRD COMPONENT BOUNDARIES The Upper Blackbird Creek component's maximum proposed boundaries encompass about 3800 acres on both the north and south side of Blackbird Creek, from the Rt. 9 bridge at Taylors Bridge upstream to Rt. 13 near Blackbird (Fig. 6). The major tributary of this upper creek segment is Beaver Branch, entering on the north side of Blackbird Creek about midway within the proposed Reserve. The main channel of Blackbird Creek stretches over 5.7 miles throughout the center of the component. Downstream of the seaward end of the Reserve component, from Taylors Bridge to Delaware Bay, the lower Blackbird Creek runs for another 5.8 miles, passing by Red Bank and Stave Landing on its way to the Bay. The upper third of the Reserve is crossed by C.R. 455 at Blackbird Landing. 32 FIGURE 5 General location of the proposed Upper Blackbird Creek DNERR Component, in southeastern New Castle County a-MMM C@ 00'r AUMMI" A. Boom 7 cz@ !mft COMW 40 vjW 1W SW vWW sew" -4g- TOOMAM -V 7- -" Man MM pv ILVOML Z.,- 7: AkW A cme v .. ; umn cz POW LMW T-ca@ S@v" T LO COUVA son* 14 M Amold PWO -'WW ChOWAMWAft U A 100 4-7. a, IBM Pam Empu me 31 U@avw IMMAGMS AM" PA Cam -V O*L" 0" VAM' '4 1.C my". ,411 Cot_, UPPER BLACKBIRD ODE33A -WFieldsboro 65 S r\ 30 Corner Pine Tree > A J 'k-!'Leee Chu, Z/ a Taylu" H-1w, 16 1.0 @j BM A IN 20 0 f - BM* nylor5- jl@ - rner S Z rd U 2c S 4 T C 'T@ N)#@- I 57. -7L j- 1AD FIGURE 6 Bl=kbinF Proposed area and boundaries of the Upper BI Creek DNERR Component ackbird A 45 4 c@ q Local Interest and Participation Members of the DNERR Advisory committee were very enthusiastic about Upper Blackbird Creek, since it offers ecological characteristics different from but highly complementary to the Lower St. Jones River component. The entire Blackbird Creek estuary has been recognized by the State Office of Nature Preserve as an outstanding Natural Area worthy of protection. The New Castle County Department of Planning has indicated that the component is appropriate for a NERRS-type of use. A DNERR Landowners Management Association was formed in October, 1989, consisting of three officers who are site landowners who were elected to help in development of the Reserve Management Plan. Finally, a key parcel on the north side of Blackbird Creek, east of Beaver Branch, was purchased by the State (with State funds) in January, 1990, with the intention to make this property an integral part of the Upper Blackbird Creek DNERR. The acquisition of this 211-acre parcel, composed primarily of brackish tidal wetlands with a narrow upland buffer and access strip, was made possible by the cooperation and fore- sight of Mr. Holger H. Harvey. Land Ownership The 3814 acres of the proposed Upper Blackbird Creek DNERR component are divided into 47 parcels owned by a total of 44 landowners (Table 2). 3imilar to the Lower St. Jones River site, the total acreage figure of 3814 acres is a maximum number, since many of these parcels contain more upland area than what would be needed to provide the creek corridor and adjacent wetlands with adequate buffers. Of the total 3814 acres, Delaware Wildlands, Inc. (a private conservation organization) owns 703 acres (18.4%), and the State of Delaware's new acquisition is 211 acres (5.5%). The remaining 2900 acres are owned privately by 42 landowners; however, only 8 landowners own parcels totaling more than 100 acres per owner, and in aggregate these 8 landowners own 1879 acres (49.3% of the proposed Reserve). Most of the 34 owners of the smaller parcels are clustered around Blackbird Landing or are west of C.R. 455 (Fig. 7). 35 TABLE 2 Land ownership in Proposed Upper Blackbird Creek DNERR Component BI.ACKBIRD HUNDRED MAP PARCEL ACREAGE OWNER Blackbird Hundred 10 54 118.56 Liborio 3 LP, 10th & French St., Wilmington 19801 50 46.37 Earl Leasure, R.D. 1, Box 362, Townsend 19734 5 1 7. 16 Richard & Carroll Parsons, 4436 DuPont Hwy., Townsend 11 129 15.03 Douglas D. Pointer, 1507 Greenbriar Rd., Wilmington 19810 1 11.42 Todd J. Savidge, 1016 Blackbird Landing Rd., Townsend 135 10.34 Charles J. Benedict, 1014 Blackbird Landing, Townsend 136 15.51 John 1. Ciancio, 1014 Dover Ave., ELsmere 19805 7 57 49.48 John F. Coleman, R.D. 2, Box 31, Middletown 19709 71 41.77 Charles F. Barton, Jr., 970 Blackbird Land., Townsend 16 10.29 Harvey W. Straughn, 928 Blackbird Ldng., Townsend 19734 70 16.97 John W. Bingham, R.D. 1, Box 2168, Smyrna, DE 19977 69 14.03 William A. Weathertow, 920 Blackbird Ldng., Townsend 19734 17 2.40 William C. Shane, 912 Blackbird Ldng., Townsend 19734 61 2.48 Paul A. Rynkiewicz, 908 Blackbird Ldng., Townsend 19734 62 2.09 Edward P. Riehm, 904 Blackbird Ldng., Townsend 19734 63 8.40 Norman Rushton, Jr., 61 Richardson Lane, Wilmington 19804 64 10.32 Ronald F. Schocie, 786 Eagles Most Rd., Townsend 19734 65 12.86 Michael R. Atkinson, 855 Blackbird Ldng., Townsend 19734 66 7.03 WiLtiam A. SLawter, 7013 Setters Ave., Upper Darby, PA 26 11.28 Lena C. Unruh, 891 Blackbird Ldng., Townsend 19734 15 24.19 Gerald K. HeinoLd, Sr., 517 Gumbush Rd., Townsend 19734 3 231.54 Charles F. Stites, Jr., 617 Gumbush Rd., Townsend 19734 12 118.59 Vernon E. & Kenneth A. Kershaw, 2612 Grubb Rd., Wilmington 58 54.38 Vernon E. & Kenneth A. Kershaw, 2612 Grubb Rd., Wilmington 59 151.03 Same as above 13 321.18 Mary T. Lynch, Westover Hills, 813 Augusta Rd., Wilmington 27 3.09 Robert C. Smith, R.D. 1, Townsend 19734 8 1 46.35 Henry J. Stellar, 257 SawmiLt Branch, Townsend 19734 2 192.20 Virginia M. Bell, at at, c/o W. Paul Bradley, 538 Did Summit Bridge, Middletown 197D9 3 4 1 .22 Mary A. Stellar, Townsend, DE 19734 5 4.64 Reynolds E. Mercer, 1114 Taylors Bridge, Townsend 4 6 155.58 T. Wittiam Lingo, 11 Dodds Lane, Heniopen Acres, Rehoboth Beach, DE 19971 10 703.40 Delaware Wildtands, Odessa, DE 19730 (continue table 2) APPOQUINIMINK HUNDRED AppoQuiniMink Hundred MAP PARCEL ACREAGE OWNER 20 83 10.00 Frank Anderson, 4386 DuPont Pkwy., Townsend 19734 16 159 199.38 Corbit D. Collins, 536 Brick Mill Rd., Middletown 19709 178 27.00 Donald R. Wood, Union Church Rd., R.D. 1, Box 302F, Townsend 253 28.75 David M. Truesdate, 101 E. Main St., Middletown 19709 147 57.75 Chester Gove, Jr., 500 Union Church Rd., Townsend 19734 146 80 George E. Parsons, Rt. 1, Box 298, 556 Union Church Rd., Townsend, DE 19734 17 3 61.57 William J. Cornelius, R.D. 1, Box 158, Smyrna, DE 19977 5 50.0 Earl Swanson, Odessa KOA Campground, Odessa 19730 17 85.50 William Manwaring, Box 334, Mendenhall, PA 19357 11 25.55 Edna M. Windett, 756 Union Church Rd., Townsend 19734 18 40.35 Hans F. Haug, R.D. 2, Box 150, Landenberg, PA 19350 6 72.0 David H. Donovan, Box 3210, Smyrna, DE 19977 7 79.10 Harry Fisher, Jr., R.D. 1, Box 85-A, Townsend 19734 49 174.20 Hotger H. Harvey, Del. Witdiands, Inc., 303 Main St., Odessa, DE 19730 50 53.3 F. Thomas Unruh, 933 Taylors Bridge, Townsend 19734 51 211.53 State of Delaware, Department of Natural Resources and Environmental Control, 89 Kings Hwy., P.O. Box 1401, Dover, DE 19903 13 20 11 .70 Geoffrey G. Perry, P.O. Box 162, Odessa, DE 19730 19 25 Elsie & Pauline Shockley, Taylors Bridge Road, Townsend Oil 4.64 k. off Sol )u Co' Rd, 4 9 .04 SS 03 A )0.14 AC. n At. 101 W1 134 V 11220 got we ov U. *at ju AM ............. lit 201 )211111 A, A2 118.52 A.. toi -1-0i sot in #4 23).54 90t, am Icte $4. WX #9. $1.17 Ac. lot on WN IN* SoII W UPPER BLACKBIRD V OW - VACAMY LAND 315 001 - ASSOCIAUD PARCEL VACAW OR WH law 54-12 Ac. AWMAW IMPRIMMEW 011 - OOE FM&Y KAM 015 - ONE FAWY UMATTED 134 - COMCROU" 901 - CROP 202 - FOREST/WOODLW C*- Rd- 465 FIGURE 7 Property Ownership within the Upper Blackbird Creek ONERR Component (corresponds with Table 2) a. Core Areas The minimum core area of the Upper Blackbird, which includes a complete ecological unit, will consist of the tidal marsh, tidal creeks and guts, and the open water of the Blackbird creek between Taylors Bridge and private lands to the North, the Blackbird Creek to the East and South, and Beaverdam Branch to the West. This core area was acquired by The State of Delaware in January 1990 as a cooperative purchase from the heirs of Louise Nowland. b. Buffer Areas The woods along the tidal marsh provide a buffer to the core. Moreover, the uplands immediately adjacent to the woods bounding the core area have been restricted to agricultural use or single family residential use with no residential lot less than 10 acres to ensure little if any impact to the buffer and core areas. The core and buffer areas consisting of 211.53 acres were acquired in fee simple by The State of Delaware for the DNERR program. Additional property interests may be acquired to add to both the core and buffer areas. c. Market Value Market values will be established by appraisals in conformance with the "Uniform Appraisal Standards for Federal Land Acquisitions." More than one appraisal report may be necessary to determine the proper market value. Appraisal reports for donations of land will not be required, although an appraisal report may be necessary in negotiating a donation. C. STRATEGIES FOR ACQUISITION 1. Fee simple Fee simple title is the acquisition of all rights in the property. Fee simple title will be acquired for the minimum core areas. Through landowner contacts acquisition of the minimum defined core by fee simple title has been determined the only way to ensure the measures required to obtain and maitain the critical estuarine ecological units. Fee simple title will also be acquired for key buffer areas where other lesser property interests cannot be negotiated. 2. conservation Basement A conservation. easement (7 Delaware Code, Ch. 69) may be used to restrict the' use of a property to its traditional uses and for this program. An owner can retain title to the property and may continue to use the property for any use not inconsistent with this program. Each conservation easement will be tailored to meet the traditional uses and features of the property. 39 3. memorandum of Understanding A Memorandum of Understanding is an agreement between the private owner or other governmental agency and the State to allow the research and education under the DNERR program on property for which no title interest is being acquired. The Memorandum of Understanding must address utilization of the property and run for a term sufficient to complete research projects. 4. Long-term Leases Long term leases or agreements may be negotiated when easements or other methods of acquisition fail. These leases are intended to extend over a fifty year period to allow sufficient time for research projects to be completed. S. Alternatives Rights of first refusal may be negotiated and executed when other commitments from private owners fail. A right of f irst refusal gives the State an opportunity to meet the purchase price offered by any prospective purchaser of the private land when a change in title occurs. This is an important tool where land has remained in a particular family for a long time, and the owner wants it to remain. This first refusal helps to ensure the opportunity for the State to acquire the land if the ownership changes or the use of the property changes by rezoning or subdivision. 6. Donations Donations of land should not be overlooked and should be accepted either in fee simple title or conservation easement. In some instances, donations with reserved life estate may be used to incorporate the land into the program while allowing the owner to continue the traditional uses of the property during the owner's lifetime. D. SCHEDULE Contact has begun for the core areas in both the St. Jones component and the Upper Blackbird component. The minimum core and buffer areas in the Blackbird component have been obtained with the acquisition of the 211 acre tract in January 1990. Negotiations are ongoing with the owner of 704 acres in the St. Jones component and with the owner of the adjacent 250 acres. 40 IX. PUBLIC ACCESS PLAN A. POLICY Public access shall be permitted on a site specific basis. The objective of regulated access is to maintain each component's integrity for research, long term resource protection, and education while-permitting traditional uses which do not conflict with reserve goals. Entering or remaining on lands under the jurisdiction of the DNERR when such lands are closed or entering or remaining within any building, structure, or facility when such building, structure or facility is closed, shall be prohibited without a written permit from the Reserve Manager. No structure, facility, building, or area administered by DNERR will be used for any activity other than that for which it was intended without prior written permission of the Reserve Manager. The Reserve Manager may limit or close specific public use areas, lands, waters, and facilities and/or temporarily prohibit certain activities when such action is deemed necessary for resource management, research, education and/or when it is in the best interest of health, safety, and the general welfare of the public. B. SPECIFIC COMPONENT ACCESS 1. Public Visitation St. Jones Component The general public will be permitted access to outdoor facilities such as trails, boardwalks, etc., from 8 a.m. to dusk on a year round basis, except as restricted for special uses. Access to the John Dickinson Plantation exhibits, etc. will coincide with the regular operation of the mansion as determined by the Division of Historical and Cultural Affairs. General Public Visitation of the St. Jones Center will be from 8 a.m. to 4:30 p.m., Monday through Friday excluding holidays. All access will be for identified facilities only. Free roaming through the component is not permitted without written approval of the reserve manager. Blackbird Component The general public will be permitted access to outdoor facilities such as trails and boardwalks from 8 a.m. to dusk on a year round basis, except as restricted for other special uses. These special uses will be posted. All access will be for 41 identified facilities only. Free roaming through the component is not permitted without written approval of the reserve manager. 2. Group Use St. Jones Component All groups should contact the DNERR Estuarine Educator to arrange for programs, guided tours, or other use of the center or Reserve. Blackbird Component Groups not needing special program assistance may use the Blackbird component on the same basis as the general public. Groups wishing program assistance must contact the DNERR Estuarine Educator to arrange an appropriate program schedule. 3. Access for boat or canoe launching St. Jones and Blackbird components Access for canoe or kayak launch or retrieval is permitted only in designated locations and during times permitted for general public visitation. Launch or retrieval of other boats by the public is not permitted without written permission of the reserve manager. 4. Fishing, Hunting and Trapping Traditional activites of fishing, hunting and trapping will be permitted up to levels currently permitted under local and State laws (unless these uses interfere with a research or educational activity that cannot avoid a conflict with these traditional uses). S. Other Uses Access for uses other than those listed will be permitted on a case by case basis. The reserve manager's written authorization must be received prior to initiating any of these other uses. 42 X. ADMINISTRATIVE PLAN A. ADMINISTRATIVE AUTHORITY NERR programs are delegated to states under the authority of the federal Coastal Zone Management Act (CZMA) of 1972 as amended. The proposed Delaware NERR program will be administered by the Delaware Department of Natural Resources and Environmental Control (DNREC), Office of the Secretary, Management and operations. The administrative authority of the CZMA is the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), Office of Ocean and Coastal Resource Management (OCRM), Sanctuaries and Reserves Division (SRD). B. STAFF ROLES 1. Administration The administrative framework for the proposed Reserve recognizes the need for cooperation and coordination in order to achieve the effectiveness of a collaborated developed and implemented Management Plan. The administration for the Reserve ensures that the functions required to implement this plan - education and research activities, land acquisition, facilities development, resource protection - are coordinated with the necessary agencies/ organizations/ landowners which are presently active within the Reserve's component. Administrative responsibility for the management of the proposed DNERR is through the Delaware DNREC for several reasons. Wetlands regulations, the Coastal Management and Delaware National Estuary Programs, the Delaware Coastal Management Act, the Beach Preservation Act, the Erosion and Stormwater Management Program, the Non Point Source and Point Source Programs, hunting and fishing regulations, and natural resource management in general are within DNREC and are the obvious reasons for this administrative lead. Some of the other activities, authorities, and programs that enhance the Reserves values include: the Delaware State Department's Division of Historical and Cultural Affairs for the history, education and research attributes as well as their museums programs which will address the general public's interest in the Reserve; Wesley College, Delaware State College and the University of Delaware for their Education and Research programs; the Kent County and New Castle County governments for their land use zoning, building codes, recreation programs and other pertinent local authorities; the USDA Soil Conservation Service for their technical services and Plant Materials Center research; the Kent, New Castle and National Conservation Districts programs; the St. Jones and Blackbird Landowners Associations; the St. Jones River Watershed Association; the Delaware Department of Agriculture; and the various environmental and cultural organizations including the Friends of Dickinson mansion 43 and the Delaware Nature Society. Many of these groups antic ipate co-locating their estuary programs to the DNERR Education and Research Center. This interaction of associated agencies, organizations and governments presents the opportunity for coordination and collaboration. However, it presents an administrative structure that requires defined duties, authorities, and responsibilities of a more disciplined nature than a program that is operated by a single entity. DNERR ADMINISTRATOR The Secretary of DNREC is the Administrator of the proposed DNERR. The DNERR program is assigned to the Director of Management and Operations within the Office of The Secretary located at the Richardson and Robbins building within the Capital complex . The DNERR Program Manager is in the Office of The secretary and is responsible for the overall coordination and operations of the Reserve with the guidance of the Director of Management and Operations. The Program Manager will be located at the DNERR Education and Research Center at the St. Jones component which is only 6 miles from the Capital complex. The State's Staff assigned to the proposed DNERR will be responsible for the Programs of both of the Reserve components. DNERR EDUCATION AND RESEARCH CENTER @ The DNERR Program Manager will be responsible for the Reserve Center operations and maintenance. The Supervisor in charge of each cooperating agency located at the Reserve Center will be responsible for the management and operations of their programs and employees. VISITORS BARN The Department of State's Division of Historical and Cultural Affairs', Bureau of Museums and Historic Sites will be solely responsible for the operations of the Visitors Barn at the John Dickinson Mansion. AGENCY COORDINATION AND COOPERATION The development and implementation of the sections of the Management Plan requires the leadership of personnel from four Divisions of DKREC and a Division of the Delaware Department of State. Staff roles are required in research, education and interpretation, and surveillance and enforcement. In addition, staff roles are required to establish and maintain assistance to affected and bordering landowners, to do land acquisition and resources inventories,. and to protect and restore valuable resources. The specialists required to perform these functions are important to the degree of success of the DNERR local, regional and national significance. For this reason the authoritative chain of command has been sublimated with a coordinated multi-agency approach that through mutual cooperation has resulted in a collaborative Management Plan with an administrative structure supported by a broad based foundation. 44 DNERR ADMINISTRATIVE STRUCTURE The following structure is the authoritative chain that will be followed to resolve conflicts among intra- and inter-agency policies, programs, and directions: DNREC Secretary STATE POLICY DIRECTION DNREC Management & uRerations Dir ------ DNERR Advisory GENERAL COORDINATION Committee Private State Federal Kent Co organizations Agencies Agencies New Castle* Co. Landowners DHCA City of Dover Associations I (Headquarters) I DNERR Progr Manager ---- NOAA,OCRM,S&R Div. NERRS POLICY, COORDINATION DIRECTION; GRANTS; EVALUATIONS Educi 'ordinator< ---- ------- >Reseagg" Coordinator (Estuarine Education Sci/Tech Adv manager) Committee kdemic Citizen Aware -arch Monitoring Management Programs Involvement Prog. DECISION MAKERS ESTUARY USERS Vol. Coordinator Surveillance/ Center Volunteers/ Enforcement operations Support groups 45 Landowner assistance is aided by the Conservation Districts under the leadership of the DNERR Program Manager and the assistance of the Division of Soil and Water Conservation of the DNREC. This interaction with landowners is very important to the success of the proposed DNERR in that all but 11 acres of the 4000 acres nominated are in private ownership requiring an understanding, cooperation and a willingness of the owners of key lands and waters to voluntarily participate in the program for the Reserve to be established. The acquisition of land is led by the Real Estate office in the Division of Parks and Recreation of DNREC. This office is responsible for developing and implementing a strategy for adequate long-term state control over the ecologically key land and water areas that have been identified by the Reserve's resource protection, education, research, and facility needs. Through integrating this strategy with the other land acquisition priorities of the DNREC, the Real Estate office will identify ownership, perform negotiations, and carry out settlement responsibilities. Resource inventories, protection plans, and restoration are the most dependent upon a well developed coordinated staffing approach. Staff assistance is required from DNREC's: Division of Parks and Recreation - Natural Heritage program, Land Preservation, Cultural Resources, and Heritage Planning; Division of Fish and Wildlife - Planning, Wildlife Research, Fisheries Research, Wetlands Research, Waterfowl Management, Wildlife Management, Finfisheries, and Shellfisheries; Division of Water Resources - Wetlands and Aquatic Protection, and Water Quality Management; Division of Soil and Water Conservation - Coastal Management Program, Non Point Source Program, and Conservation Districts. The Department of State's Division, of Historical and Cultural Affairs' staff assistance is particularly important to the understanding of the past uses of the Reserve and the collaborative approach to the management of DNERR. The fish and wildlife scientists are the first series of specialists that are proposed to move into the Education and Research Center. They are the first group that will be provided the opportunity to integrate their normal estuary management functions with the enhancements of the DNERR estuary, research, and education programs. 46 PROPOSED DNERR STAFF Pre-designation (Development of Draft Mgmt. Plan/EIS) - Program Manager (85% time; 100% state funded) - Research Coordinator (20% time; 100% state funded) - Education Coordinator (20% time; 100% state funded) - Realty Specialist (20% time; 100% state funded) - Res. Prot. Specialist (20% time; 70/30 state/NOAA funded) - Cult. Pres. Specialist (20% time; 70/30 state/NOAA funded) - Landowner Assistant (30% time; 100% NOAA funded) ist year (following plan approval) - Program Manager (100% time; 100% state funded) - Research Coordinator (30% time; 100% state funded) - Education Coordinator (30% time; 100% state funded) - Estuarine Educator (100% time; 100% NOAA funded) - Realty Specialist (20% time; 100% state funded) - Realty Assistant (40% time; 50/50 state/NOAA funded) - Res. Prot. Specialist (20% time; 70/30 state/NOAA funded) - Cult. Pres. Specialist (20% time; 70/30 state/NOAA funded) - Landowner Assistant (30% time; 100% NOAA funded) - volunteer Coordinator (30% time; 100% state funded) - Folklorist (30% time; 100% Interior funded) 47 PROPOSED DNERR EDUCATION AND RESEARCH CENTER STAFF 2nd year through Sth year - Program Manager (100% time; 100% state funded) Research Coordinator (80% time; 100% state funded) - Education Coordinator (60% time; 100% state funded) - Estuarine Educator (100% time; 100% state funded) - Secretary (100% time; 100% state funded) - Realty Specialist (20% time; 100% state funded) - Realty Assistant (40% time; 50/50 state/NOAA funded) - Res. Prot. Specialist (20% time; 100% state funded) - Cult. Pres. Specialist (20% time; 100% state funded) - Landowner Assistant (30% time; 100% state funded) - Volunteer Coordinator (30% time; 100% state funded) - CMP Specialist (100% time; 100% NOAA-CMP funded) - F&W Scientist 111 (30% time; 100% NOAA-CMP funded) - Folklorist (100% Interior funded) - Project WILD Coordinator (100% NOAA-MAP funded) - Aquatic Coordinator (100% USF&W funded) - 3 F&W Program Manager (100% state funded) - F&W Program Manager (50/50 state/USF&W funded) - 3 F&W Scientist 11 (100% state funded) - 5 F&W Scientist 11 (100% USF&W funded) - F&W Scientist 11 (90/10 state/USF&W funded) - F&W Scientist 11 (100% NOAA-CMP funded) - F&W Scientist 1 (100% NOAA-CMP funded) - F&W Scientist 1 (100% USF&W funded) - 2 F&W Technician (100% USF&W funded) - 2 F&W Technician (100% state funded) - Boat Captain (100% state funded) - Secretary (50/50 state/USF&W funded) This position and all others that follow do not have dedicated time assigned specifically to DNERR projects. Rather these positions present every day assignments that will enhance the Reserve's programs, and the Reserve and the tools that it produces will be valuable to their projects. 48 2. Research Research is the foundation of the National Estuarine Research Reserve System. Information must be collected and made available to increase understanding of the processes of estuarine ecosystems and the effects of human activity on these processes. This understanding is essential for the best management of these important ecosystems. A Research Coordinator designated from the DNREC's Division of Fish and Wildlife will be responsible for research and monitoring activities for DNERR. This staff person is currently located at the field unit in Little Creek along with the other Fish and Wildlife scientists that are proposed to move to the DNERR Education and Research Center. Besides the responsibility of the research activities of DNERR, the Research Coordinator is responsible for coordinating many of the DNREC research activities that would relate to the goals and objectives of NERRS. This will enable the Research Coordinator the best opportunity to integrate many research agenda, maximize the use of the Reserve, and obtain multiple sources of funding for the betterment of the Middle Atlantic estuarine systems. 3. Education/interpretation The education and interpretation functions are the highest priority of the proposed DNERR program initiatives. An important element is the dissemination of research and monitoring results, and their management implications, to local, state, regional, and national decision makers. Teaching children and adults about the values of estuarine ecosystems and what roles they can have individually and collectively to help protect these important resources is a major undertaking of DNERR and very timely with the needs of environmental education throughout the State of Delaware. An Education Coordinator will be responsible for coordinating educational and interpretive activities for the DNERR Program. This staff person vill be located at the DNREC headquarters until the DNZRR Education and Research Center is completed. With Delaware being 95% coastal plain it is important that a State-wide Estuarine Education Program be well developed and integrated if not fore-fronting the State's Environmental Education efforts. It is the responsibility of the Education Coordinator, using multi-sources of funding and leading a multi- agency team, to develop the DNERR Education Program that will be Regionally representative and of National significance to estuarine management. Specifically, under the guidance of the Education Coordinator, an Estuarine Educator will take the lead in initiating the translation and transfer of scientists' research and monitoring results to resource professionals, decision makers and the public. 49 4. Surveillance and Enforcement The Delaware Estuarine Reserve staff will provide additional surveillance to and rely on the coordination among state, federal, and local agencies' regulations and authorities to be enforced by the applicable agency for on-site and surrounding areas at least to the extent of the Reserve's watersheds. On-site DNERR staff, capital police of the Department of Administrative Services, and environmental police officers (EPO's) will be responsible for surveillance and will enforce access and activity control according to the Management Plan for DNREC owned lands and to the extent authorized by. land owners that have provided access to their properties. Current access control will continue by private landowners. The core areas will be monitored for the greatest surveillance efforts and maximum enforcement allowable under the rights DNREC will have as the owner of core areas. DNERR staff will limit activities on the buffer areas that would impact the designated core areas in order to maintain the integrity of a naturally influenced estuarine system. DNERR staff will continue to work with the Delaware Coastal Management Program (DCMP) in order to improve the effectiveness of addressing cumulative impacts of various land use activities. The DCMP's policies and supporting authorities will be important in the enforcement of the DNERR Management Plan. C. ADVISORY COMMITTEE STRUCTURE AND RESPONSIBILITIES i. oversight Committee The DNERR Advisory Committee is structured to represent many of the Federal, State, County and Local agencies, commissions, societies and organizations that may have an interest, impact or be impacted by the development and management of the proposed Reserve. The oversight committee will meet at least annually and more frequently as required to represent the cooperating and affected groups of the proposed DNERR. The DNERR Advisory Committee for the review of the draft Management Plan included representation from the following: - Delaware Department@ of Natural Resources and Environmental Control A. office of the Secretary B. Division of Fish and Wildlife C. Division of Parks and Recreation D. office of Information and Education 50 E. Wetlands Branch F. Delaware Estuary Program, Div. of Water Resources G. Division of Soil and Water Conservation - office of the Governor, Delaware Development office - Dept. of State, Div. of Historical and Cultural Affairs - Delaware Dept. of Agriculture - Delaware Dept. of Transportation - Department of Public Instruction - NOAA Sanctuaries and Reserves Division, NERRS Program - County Planners - Conservation Districts - Local Federal and City Agencies A. Bombay Hook National Wildlife Refuge B. U.S. soil conservation service C. U.S. Army Corps of Engineers, Phila. District D. Dover Air Force Base E. City of Dover Planning office - Academic Community A. Delaware State College B. University of Delaware C. Wesley College - citizen Advisory Councils A. Advisory Council on Game and Fish B. Advisory council on Tidal Finfisheries C. Advisory council on Shellfisheries D. Natural Areas Advisory council - Conservation/Environmental Education/outdoors/Sportsmen organizations A. wildlife Federation of Delaware B. Ducks unlimited, Inc. (Delaware) C. Delaware Saltwater Sportsmen Association D. Delaware Mobile Surf-Fishermen, Inc. E. Delaware Bass Federation F. Delaware Watermen's Assoc. G. Delaware State Trappers Assoc. H. Delaware Wild Lands, Inc. I. Delaware Nature Society j. Society of Natural History of Delaware K. Delmarva ornithological Society L. Sussex Bird Club M. Delaware Audubon society N. Delaware Sierra Club 0. Delaware River and Bay shoreline Committee P. Delaware Nature Conservancy 51 - Historical Societies A. New Castle Historical society B. Kent County Archaeological Society C. Friends of Dickinson Mansion D. Daughters of the American Revolution - DNERR Landowner Associations A. St. Jones DNERR B. Blackbird DNERR - DNERR Work Groups A. DNERR Facility B. Resource Plan Work Group Members The role of the DNERR Advisory Committee is to provide assistance to the DNERR program in the Decisions required to implement the Management Plan. Assistance will be especially valuable in the operations of the Reservel's programs. The administration of the DNERR Education and Research Center has been structured to accommodate as many estuarine programs of the Advisory and cooperating agencies and groups that would benefit from co-location or shared facility resources. 2. Scientific/Technical Advisory Committee The DNERR Scientific/Technical Advisory Committee will include representatives from various State and Federal agencies, and the academic and scientific communities. Committee members will provide advice on research and technical matters relevant to the achievements of the DNERR Research goals and objectives. The committee will meet on an annual basis or more frequently at the call of the Research Coordinator to review research proposals and research needs and results for the Estuarine Reserve. The Scientific/Technical Advisory committee will include at least eight PH.D. level scientific experts. The scientific experts will be selected from the following disciplines: - Estuarine hydrographer - Chemical oceanographer - Geohydrologist - Environmental microbiologist - wildlife biologist - Fisheries biologist - Plankton ecologist - Benthic ecologist - Wetlands ecologist - Soil scientist - Archaeologist 3. Education/Interpretation Advisory Committee The Education/Interpretation Advisory Committee will be responsible for providing guidance for the implementation of a 52 comprehensive estuarine education program, a long outstanding need in Delaware. Most of the respondents to the DNERR facility survey were very interested in the role that the Reserve program and the Education and Research Center could provide to the growing concern for estuary management. The Education/Interpretation Advisory Committee will be composed of at least eight members which will meet annually or more frequently as needed. These members will be selected from various environmental education interests in the State. These interests include: - State Office of Environmental Education - Nature education organization/center - Elementary level education - Secondary level education - College level education - Adult education - Cultural education - Applied environmental education - Habitat based education - Teacher training 4. Landowners Associations The Landowners Associations are made up of property owners within the two DNERR components. They have met during the site selection phase, resulting in the formation of the St. Jones Landowners Association and the Blackbird Landowners Association. An election was held to select officers to represent the component owners. A Landowner Assistant acts as recording secretary at the DNERR Committee Meetings and then updates landowners about important information through correspondence and newsletters. The Assistant is the contact person within DNREC for the landowners and works through the conservation districts. 'In this way, the landowners stay abreast of important news concerning the DNERR program. The Associations have proven invaluable as the most effective and efficient means of communication, decision making, and control from the landowners point of view, the required public involvement, and government needs to develop a Management Plan that will be supported. D. FEDERAL GOVERNMENT - NOAA REVIEW The NERRS operates as a federal/state partnership. Although the management of.a reserve is a state's responsibility, NOALA cooperates with and assists the states on a day-to-day basis, and reviews state programs regularly. The purpose of the NOAA review 53 is to ensure that a state is complying with federal NERR goals, approved work plans, and reserve management plans. The primary mechanisms used by NOAA to review state programs, as well as NO&A responsibilities pertaining to reviews, include the following: NOAA staff, in particular the program specialist for a state's reserve, communicates directly and regularly with state reserve staff. Communication builds a level of trust between federal and state staff, and familiarizes both NOAA and state personnel with reserve management procedures and policies. This cooperative approach is needed for a reserve to be successful. Both oral and written communication are necessary, and site visits are advisable. Another mechanism available to NOAA is its reserve funding program. NOAA provides different categories of grant funding to a reserve, and for each grant, quarterly progress reports and a final report are required. NOAA personnel carefully review the grant reports and associated communications to ensure compliance with program policies and specific grant conditions. The site designation process is also a primary avenue through which NOAA reviews actions. A state's site nominations must be assessed and endorsed by NOAA prior to formally beginning the designation process. As part of this preliminary stage, the site selection and public participation process are evaluated by NOAA. When the DMP and DEIS have been completed they must also be approved by NOAA before the final versions of each document are written. NOAA staff have the responsibility of working with the state to select and designate national estuarine reserve sites. Finally, pursuant to CZMA enabling legislation (Sections 312 and 315), NOAA must conduct performance evaluations of the operation and management of each reserve while federal financial assistance continues. If deficiencies in the operation or types of research conducted at a reserve are found, NOAA may withdraw financial assistance to the reserve until remedies are in place. National Estuarine Research Reserve designation can be withdrawn by NOAA when a reserve is found to be deficient and fails to correct deficiencies within a reasonable time. 54 XI. ENVIRONMENTAL RESEARCH AND MONITORING PLAN Estuaries are important to the nation's economy and recreation, and are an integral part of the Earth's environment as a whole. Understanding and protecting this important resource has become increasingly important due to unsound land use practices and the rise of populations in coastal areas, which contribute to the degradation of estuaries. There is a need for management-oriented research to define management strategies which allow multiple uses, but which minimize detrimental environmental and ecological impacts on estuaries. A major priority of the proposed Reserve is to coordinate, facilitate, and conduct management -or i ented research which will provide information useful for local, regional and national coastal management decision making. The creation of permanent field sites for management-oriented research is an important step toward a more comprehensive and integrated program of research, monitoring and management. The Delaware National Estuarine Research Reserve's (DNERR) two components will expand researchers' opportunities to perform long-term studies in representative ecological zones of the Delaware Estuary. The components provide the opportunity to observe and explain basic functions of and changes in the natural systems, and apply this information to other estuarine systems along the mid-Atlantic coast. These areas will be managed in part to maintain their relatively undisturbed character to serve as controls to compare with other areas, and in part may be modified or manipulated to accommodate research needs and maximize their research utility. A. GOALS OF ENVIRONMENTAL RESEARCH AND MONITORING The goals of the Research Reserve's environmental research and monitoring program will be to: * Establish and manage key (core) areas of the Reserve for long-term use as outdoor field laboratories, maintained for such purpose by the help of buffer areas. * Coordinate research projects with other research efforts in the Delaware Estuary and Delaware's Inland Bays to streamline scientific efforts, maximize efficient use of resources and funds, and avoid unnecessary duplication of efforts. * Enhance scientific understanding of estuarine ecosystem processes and- functions to enable better identification of management issues and response options. * Gather and make available information needed by Reserve 1 decision makers for improved managers and coasta understanding and management of estuarine ecosystems. 55 � To better our understanding of ecological values and processes of estuaries nationwide, by comparing the Delaware Estuary to other estuarine areas. � Identify priority natural resources, gather baseline information on them, and establish indicators of change. � Identify priority habitat management needs, gather infor- mation about how to best meet the needs, and provide technical guidance to implement the desired actions. � Monitor the impacts of human stresses on the estuarine environment and the effectiveness of pollution control strategies. � To better our understanding of human exploitation of the estuarine environment through time. � Identify critical habitat requirements of living natural resources. � Evaluate land use practices and management strategies in terms of their impacts and effectiveness. � Publication of research results. specific oblectives to aid in achieving these goals include: � Collecting and building baseline databases for use in long-term and interdisciplinary studies, and for monitoring differences over time and for making comparisons with other areas. � Develop an on-site library of research and reference materials for use by staff and other approved users. � Become a repository for data collected on-site and at other National Estuarine Research Reserves. � Promoting the Reserve's components in the research community as long-term field laboratories to be used by State or Federal agencies, academic institutions, and local or private environmental organizations. � To involve the public by using volunteers to achieve research and monitoring goals. � To encourage staff contributions in technical conferences and workshops.. � Developing laborato ry facilities, field monitoring stations, and scientific equipment and gear as necessary to support the research and monitoring efforts. � Seeking agreements with other research organizations or 56 institutions to facilitate and augment research and monitoring projects. B. RESEARCH TOPICS AND PRIORITIES 1. NERRS National Research Priorities Research programs in the Delaware NERR address coastal management issues identified as having a local, regional or national significance. Projects which benefit reserves in other states and those which correspond with the NERRS National Research Priorities are encouraged. National Research Priorities are: * Water Management. Research is needed to increase understanding @f how freshwater inflows affect estuarine productivity, govern the salinity regime, provide nutrients, couple primary and secondary productivity, and sustain habitats. * Sediment Management. Rational biological criteria which can be used to evaluate sediment management strategies must be developed. Research should examine sedimentation processes and the relationships between sedimentation and ecological processes. * Nutrients and Other Chemical Inputs. Research is needed to increase understanding of the relationships among nutrient inputs, nutrient cycling, and production. The environmental fate of chemical inputs, including toxicants, and the effects of these chemicals on the ecosystem are other important areas of study. * Coupling of Primary and Secondary Productivity. Research should increase understanding of ecological relationships @uch as trophic structures and food web interactions and increase understanding of disruptions to these estuarine ecosystem processes. * Estuarine Fishery Habitat Requirements. To formulate effective management programs, the relationship between estuarine fish production and the quantity and quality of nursery areas must be investigated. Information must be gathered on habitat selection, species migration, species residence time, food quantity and quality, and the effects of environmental variations on survival and growth of fish and shellfish. Additional information on these subject areas can be found in the NERRS Research Plan (available from NOAA/SRD). In addition to these five major research areas, NOAA recognizes the need for baseline information and lists the following research areas as being appropriate for Federal funding. (Note that the two priority areas are also priorities 57 under NOAA's phased monitoring program). The rationale for these research priorities is described in NOA-A's National Estuarine Reserve Research System Research Plan (1987). Each year NOAA issues a NERRS Research Opportunity Announcement in which it elaborates on the latest interpretation of these priorities. Proposal funding decisions are based on the relationship between the proposed research and these national priorities. a. Initial Baseline Surveys Baseline surveys will be conducted to fill information gaps and to provide more thorough characterizations of the components. Water quality parameters of interest include salinity, turbidity, temperature, dissolved oxygen, pH, and nutrient concentrations. Environmental and ecological baseline data might be collected for sediment composition, productivity of submerged aquatic and emergent vegetation, hydrological characteristics, weather conditions, organic fluxes, and species composition of plant and animal communities. Baseline surveys can be used to: � Yield data necessary to define or confirm estuarine management issues of concern. � serve as a reference for detection of environmental/ ecological change in the estuary. � Aid in planning and conducting special studies related to the estuarine ecosystem. b. Environmental Monitoring Environmental monitoring will entail the systematic, periodic collection of selected data using many of the same parameters and the same sampling techniques and locations as the initial baseline surveys. These data may be collected by DNERR staff or volunteers, by other government agencies, or by outside researchers as part of their research projects. Impacts of new technology, products, and management strategies may be observed. A policy for quick response to collect data in the event of unusual conditions such as floods or spills will be established where feasible. U.S. Environmental Protection Agency-approved methods for sampling and sample handling will be adhered to in all water chemistry monitoring. Environmental monitoring is designed to: � Detect trends in estuarine resources or ecosystems. � Provide information to aid in the management of the DNERR and in coastal zone management in general* � Provide a data base for special studies. 58 2. Special Studies a. Habitat Manipulations special environmental studies may include experimental research relating to natural resources, cultural resources, or socio-economic topics. Special studies will be approved and may be supported based on the research priorities of the NERRS Research Plan, the NERRS Monitoring Program, and site-specific management needs. Special studies may identify and examine relationships between human stresses and ecological effects; these studies may include historical and archaeological perspectives on these issues. Studies may include manipulative experiments appropriate to better management of estuarine systems. Major habitat manipulations for experimental purposes will not be permitted in 75% of the core areas of the Delaware NERR. Up to 25% of the core areas may be subject to substantial habitat manipulations for experimental purposes, but the environmental effects of such approved manipulations should be temporary or reversible and not substantially affect adjacent core areas. What activities constitute "substantial" habitat manipulations, and what manipulations may be considered to be "temporary" or "reversible," will have to be evaluated on a case-by-case basis as they are proposed, done in consideration of ecological impacts and responses and of the long-term utility of the DNERR's lands for the goals and objectives of the proposed DNERR. Designated core areas where major habitat manipulations may occur will be contained within confined sub-watersheds of the Delaware Reserve's core, not spread over the Reserve's core areas in patchy or mosaic fashion. Experimental habitat manipulation in the designated core areas requires prior approval by the State, NOAA and, where applicable, by the Reserve property owners. Of course, any habitat manipulations requiring Federal or State environmental permits must be granted such prior to implementing the perturbations. Major or long-term habitat manipulations for experimental purposes will not be as restrictive in the Reserve's buffer zones in terms of areal limitations or duration of effects, but such buffer zone manipulations will also require prior approval by the State, NOAA and, where applicable, by the Reserve property owners. Habitat manipulations necessary to protect or maintain the ecological character and purpose or utility of the Delaware Reserve, whether done in core or buffer areas to avoid or counteract unacceptable anthropogenic impacts or natural changes, may be undertaken. Habitat manipulations done for management purposes necessary. to protect or maintain the ecological character and purpose of the DNERR may be substantial in nature if warranted, and may or may not be temporary or reversible (see Resource Protection Plan). Similar to habitat manipulations for research purposes, habitat manipulations necessary to avoid or offset undesirable environmental changes must have prior approval from the State, NOAA and, where applicable, from Reserve property owners. 59 b. Cultural Resources Cultural resources research within the proposed DNERR may include prehistoric and historic archaeological excavations, historical research, and folklore and oral history studies. Studies conducted under the auspices of the DNERR program should focus on the relationship between the estuarine environment and the human groups which have exploited and changed it through time. Providing information to meet education goals will be a priority. 3. DNERR Research Priorities DNERR research priorities will be developed by a DNERR scientific/Technical Advisory Committee, done in coordination with other DNERR advisory committees. These priorities may be modified based on Reserve and site-specific management needs gained from initial baseline surveys and environmental monitoring. The DNERR research priorities will reflect both NERRS National Research Priorities and more specialized regional or local needs. Examples of more generalized research topics for initial consideration are listed below: � Sediment/water column nutrient fluxes � Effectiveness of agriculture BMPIS � Analysis of living resource data sets � Stock assessments of exploitable species � Sublethal responses to toxins � Hydrographic studies of circulation and mixing processes � Trophic level interactions � Ground-water flow and contamination � impacts of specific land use practices on aquatic, wetland and riparian habitats � Remote sensing and delineation of wetland types and boundaries � Plankton community composition and dynamics � Benthic community composition and dynamics � Non-point source pollution impacts � Habitat restoration techniques � impacts of human population growth � Environmental history of both components � Natural community classification � Plant community composition and dynamics The DNERR will identify and promote specific study Research Reserve topics of particular interest to coastal resource managers in Delaware or the middle Atlantic region. Given the environmental setting of the DNERR and Delaware"s coastal resource issues and needs, the following three areas of research might be emphasized by the DNERR: Development and refinement of environmental management techniques necessary to restore, maintain or enhance high 60 quality estuarine habitats and their living resources; �Development and assessment of management techniques necessary to limit non-point-source aquatic pollutants; �Adaptive and non-adaptive responses of biotic populations and communities to natural and human-created environmental stressors. Examples of special studies topics encompassed by the three focus areas suggested above include: * Seaward wetlands loss and landward wetlands formation relative to sea level rise; impacts of sea level rise on primary production of wetlands emergent veqetation. *Status and dynamics of the oyster bar communities in Delaware Bay and its tributary tidal rivers. *Effectiveness of various agricultural BMP's in reducing run-off of fertilizers, animal wastes, sediments, and pesticides into estuarine waters. *Effectiveness of various urban stormwater BMP's in reducing run-off of sediments, hydrocarbons, heavy metals, dissolved nutrients, and pesticides into estuarine waters, with emphasis on the upper St. Jones River watershed. *Population dynamics and stock assessments within the Delaware Estuary of important estuarine aquatic species: weakfish, summer flounder, bluefish, striped bass, white perch, American shad, anadromous herrings, blue crab, American oyster. *Vegetation composition and waterbird use of managed impounded marshes, with emphasis on the lower St. Jones River watershed. *Temporal and spatial variability in the use of tidal creek/marsh habitats as nursery areas for finfish and crabs; effects of managed impounded marshes on fish nursery habitats, with emphasis on the lower St. Jones River watershed. *Biology, ecology and control of Phrac.rmites grass, with emphasis on the lower Blackbird Creek watershed. *Ecological ly-sound saltmarsh mosquito control techniques, examining both the abatement efficacy and non-target effects of insecticides (both chemical and bacterial), source reduction (e.g. Open Marsh Water Management), and other control methods (e.g. introduced pathogens). *Biology and control options for tabanid biting flies and ceratopogonid gnats. 61 � Creation or restoration of tidal ponds in dewatered marshes to enhance waterbird and aquatic habitats. � Population dynamics and occurrences of horseshoe crabs, and their trophic linkage and importance for migratory shorebirds, with emphasis on the Delaware Bay shoreline adjacent to the mouth of the St. Jones River. � Population dynamics and habitat utilization of waterbirds (waterfowl, wading birds, shorebirds). � Ecological structure and function of tidal freshwater wetlands, with emphasis on Upper Blackbird Creek. � Population dynamics and foraging ecology of muskrats. � Population dynamics and foraging impacts of snow geese. � Development of sampling and monitoring techniques to better assess water quality parameters. � Hydrology (surface and ground-water) and ecology of the Delmarva Bays (swale freshwater-nontidal wetlands) in the upper watershed of Blackbird Creek. � causes and significance of shellfish bacterial contami- nation and finfish PCB accumulation. � Development of better environmental indicators associated with archaeological research. � Develop a better understanding of adaptation to the estuarine environment by prehistoric and early historic human populations. � water column ecological processes in the open waters of Delaware Bay (e.g. plankton community composition and dynamics, inorganic nutrient cycling, turbidity impacts, meso- and micro-circulation effects). � causes and significance of late summer fishkill events in tidal rivers and creeks; hypoxialanoxia problems. � Impacts of borrow pit operations (sand and gravel mining) on estuarine wetlands and waters, with emphasis on the middle section of the St. Jones River corridor. � Impacts of bridge and highway construction on tidal freshwater and'brackish wetlands, with emphasis on upper Blackbird Creek. � Impacts of vertical and lateral leaching of pollutants from abandoned landfills, with emphasis on the middle section of the St. Jones River corridor. � Eutrophication problems and corrective actions in 62 headwater millponds, with emphasis on the upper St. Jones River watershed. Management and recovery of rare species. it is anticipated that the DNERR Research Program will be of most help in addressing coastal issues which need more technical information that is best obtained via scientific methodology (e.g. controlled testing of alternative hypotheses) ; or via descriptive survey, particularly if the issues require inventory of biotic populations or assessments of ecological systems or environmental processes. C. DNERR POLICIES AND PROCEDURES FOR RESEARCH Research at the DNERR will investigate the natural processes of the estuarine, system and human impacts on these processes. One of the highest priorities is to coordinate, facilitate and conduct research to provide useful information for coastal management decision-making. The proposed DNERR program makes both components available to researchers as long-term field laboratories which are especially suitable for studying estuarine problems. The DNERR program offers: � Long-term opportunity for temporal and spatial sampling in wetland, upland, and open water estuarine habitats. � Greater opportunity for use of observational and analytical techniques in protected or controlled estuarine subsystems. � The chance for long-term accumulation of comparative data at the Reserve components. Through State ownership or long-term agreements with each component"s property owners, the State has the opportunity to encourage and support certain research projects in these estuarine systems. As previously discussed in Section XI.B.2., carefully- controlled habitat manipulations may be approved for research purposes in up to 25% of the DNERR designated core areas. Many important research questions in coastal resource management, particularly in regard to tidal wetlands, can only be satisfactorily examined via experimental manipulations of habitat. It is often critical that field research necessitating habitat manipulation, in order to be successful, be given the same type of location, support, access and security as non- manipulative field studies. Thus, in order to accommodate the broadest range of research needs in meaningful fashion, the proposed DNERR will not require that a-11 manipulative studies be 63 limited to buffer area sites or to locations off the Reserve. However, for the purposes of serving as scientific controls, it is desirable to designate significant portions of the Reserve as areas where human influences will be kept at a minimum. Thus ' at least 75% of the DNERR core areas will be excluded from consideration for research involving substantial habitat manipulations. Up to 25% of the core area may be set aside where research activities of any kind will be kept at a minimum (see Resource Protection Plan), helping to insure the maintenance of experimental control zones. When substantial habitat manipulations for research purposes are permitted within up to the designated 25% of the proposed DNERR core area, the manipulative effects should be temporary or reversible in nature and not have significant impacts on any adjacent core area off- limits to experimental manipulation. As previously stated, what activities constitute "substantial" habitat manipulations, and what manipulations may be considered to be "temporary" or "reversible", will have to be decided on a case-by-case basis as they are proposed, done in consideration of ecological impacts and responses and of the long-term utility of the DNERR's lands for DNERR goals and objectives. Research involving substantial manipulation of habitat, whether done in core areas or buffer areas, will require prior approval by the State, NOAA and, where applicable, by the Reserve property owners. To assist new researchers at the Reserve, information packets will be available from the Reserve research coordinator. These packets will contain background information pertaining to each component and an area map, designating the reserve boundaries. New researchers will also be given a "tour" of the reserve area to gain familiarity with the research surroundings and general location. Research, monitoring and education projects will receive high priority within the reserve boundaries. Traditional uses of public areas will continue as regulated under federal, state, or local authority. Reserve managers are responsible for carefully balancing uses of the reserve to ensure that the objectives of the reserve program are protected and sustained. Research opportunities are available to any qualified scientist, faculty member, undergraduate, or graduate student affiliated with any college, university or school; non-profit, non-academic research institution (e.g. research laboratory, independent museum, professional society); private profit organization; or state, local or federal government agency. These opportunities are also available to any individual who has the resources and capabilities needed to perform the work required. Research opportunities will be available to all applicants without regard to manner of funding. Financial support may be available for research if the results are directly applicable to 64 improved coastal zone management. Support may come through Delaware's Department of Natural Resources and Environmental Control, the NOAA Office of Ocean and Coastal Resource Management, NOAA Sea Grant, the National Park Service Historic Preservation Fund, the Environmental Protection Agency, and other sources. Researchers not seeking financial support may apply to do research at any time. Researchers seeking financial support from NOAA must follow NOAA's research and monitoring time table. All research proposals are evaluated by the reserve manager and the research coordinator for consistency with DNERR goals and to ensure that the proposed research will not unduly interfere with other research or activities at the reserve. A DNERR Scientific/Technical Advisory Committee (STAC) will be formed to provide advisory input to the reserve manager and research coordinator concerning the importance, suitability, and practicality of all research proposals proposed for the DNERR. The STAC will consist of personnel from the DNERR, other State agencies and programs, Federal agencies, and academic research institutions. Projects will be selected based on their importance to coastal zone management issues, scientific/ educational merit, and technical approach. Other project selection criteria include: the environmental consequences of the project; immediacy of need; and the proposed project's relationship to other available information and studies. Under the Delaware Antiquities Act, archaeological research on the Reserve must also be approved by the Director of the Division of Historical and Cultural Affairs. 1. Procedures for NOAA-Funded DNERR Research Proposals which target NOAA funding will also be evaluated by NOAA using established guidelines. These guidelines are outlined in the NERRS' document for "National Research Priorities and Proposal Guidelines", which include guidance for proposal preparation and submission, plus details of proposal review and evaluation, which identifies a peer review process. Proposals for NOAA-funded research to be done in association with the DNERR will also be evaluated by the DNERR Scientific/ Technical Advisory Committee for advisor-y comments about a proposal's importance, suitability, and practicality. In order to qualify for NOAA funding, DNERR research proposals must address one or more of the NERRS National Research Priorities and fulfill the requirement of the appropriate Request for Proposal. NOAA funds are awarded on a competitive basis and proposals will be competing with other research proposals in reserves throughout the National Estuarine Reserve Research System. The DNERR research coordinator is responsible for coordinating all research and monitoring activities for the Reserve. To facilitate this, NOAA will maintain close contact with the DNERR research coordinator and will keep him or her informed of the progress of NOAA-funded researchers. NOAA will send copies of any required progress reports, the final report, and any other research information which they receive to the 65 DNERR in a timely manner. The DNERR will keep two copies of the f inal report at the DNERR central repository and the research coordinator will keep the third copy. The DNERR research coordinator will maintain regular communication with the NOAA- funded researchers themselves. He or she will aid in coordinating research activities in the reserve and, when possible, will aid in fulfilling the needs of the researchers. To achieve the NERRS goals of 1) "making available information necessary for improved understanding and management of estuarine areas" and 2) "enhancing public awareness and understanding of the estuarine environment", NOAA-funded researchers may be requested to provide a presentation on their research findings at the Reserve facility, the DNREC Building in Dover, or other appropriate location. 2. Procedures for State-funded DNERR Research All proposals which do not target NOAA funding will be evaluated by the Scientific/Technical Advisory Committee. Specific procedures will be developed, and it is envisioned that desirable features of the review process already existing for NOAA funding will be incorporated into the STAC's procedures for evaluating proposals that might be funded by State money or other non-NOAA funds. The DNERR Scientific/Technical Advisory Committee will help determine appropriate research topics and protocols. Committee members will lend expertise to specific projects and advise research programs on such matters as quality assurance. Research proposals that focus primarily on site- specific topics and do not rely on NOAA funding do not need to be approved by NOAA as long as they are consistent with identified DNERR research needs, but a courtesy copy of these proposals will also be sent to NOAA. Coordinated and streamlined procedures for the review and approval of research proposals and permits will be established. The DNERR requires that researchers provide the research coordinator with timely progress reports, three copies of the final report, and an abstract and one copy of any journal publications resulting from any state-funded research at the Reserve. The final report will include: an abstract; a literature review; methods; analyses; results; and a conclusion. It will include a summary of the gathered data and a list of the analyses completed. The DNERR will keep two copies of the final report at the DNERR central repository and the research coordinator will keep the third copy. In addition to a f inal report, the researcher will keep the research coordinator updated on the progress of the project by means of timely written progress reports. Records, data, reports, publications, and other relevant materials will be kept at the DNERR central repository. Research inform6tion will also be forwarded to NOAA, which will act as a central clearinghouse and the center of the information network of the NERR System. After completion of the final report, a presentation may be developed by the researcher at request of the research 66 coordinator to provide information on the project findings. This presentation will be given at the DNERR facility or other appropriate location at a time negotiated by the research coordinator and the researcher. These presentations will help to achieve the goal of the Reserve to provide information necessary for improved understanding and management of estuarine systems to coastal decision makers and the public. 3. Procedures for DNERR Research (funded by sources other than NOAA or the State) The DNERR research coordinator will negotiate reporting and presentation requirements for research funded by sources other than NOAA or the State of Delaware with the reserve manager, the researcher and the funding source. For example, researchers who must provide progress reports to their funding agency may be asked to submit copies of those reports to the DNERR research coordinator. Similar to NOAA or State-funded research proposals, advisory input about the importance, suitability, and practicality of a research proposal for the DNERR will be solicited from the DNERR Scientific/Technical Advisory Committee. D. MONITORING PROGRAM 1. NOAA Phased-Monitoring Program In 1989, NOAA initiated a phased-monitoring program to assist reserves in developing a better understanding of its estuarine resources. - Phase I, Environmental Characterization, which involves literature review and/or field research to acquire all available information on hydrology, geology, water chemistry, water quality, biological resources, cultural resources, and the problems and issues confronting the reserve environment. - Phase II, Site Profile, which involves a synthesis of information gathered in Phase I to provide an overall picture of the Reserve in terms of its resources, issues, management constraints, and research needs; - Phase III, Procedures and Requirements, which involves identifying parameters to be measured, procedures to be used (criteria for measurements, quality control, and standard procedures where they already exist), sampling strategy for selected parameters (spatial and temporal intervals), storage and retrieval of data (reporting, formatting and analytical requirements), manpower requirements, logistics, and cost; and - Phase IV, Implementation, which involves, first, pilot projects and upon successful evaluation, full-scale monitoring of selected parameters. 67 The DNERR phased-monitoring program will be integrated where appropriate and beneficial with other environmental monitoring programs conducted by the State, federal agencies, and private organizations. The DNERR phased-monitoring program will follow NOAA guidelines for its development and implementation. The reserve research coordinator will work to incorporate the following into all monitoring programs: -hypothesis testing -relationship to management issues -quality assurance/quality control -means of determining program effectiveness -periodic review -data management and analysis -publication of data 2. Recruitment for DNERR Research Programs Recruitment of researchers is important to building the DNERR data base and to establishing the components as long-term natural field laboratories. Recruitment of researchers with an established interest and capability will be one of the functions of the research coordinator. Recruitment strategies include: � Coordination through scientific/te chnical advisory committees. �Participation of DNERR staff in research symposia, conferences and workshops. �intern programs for graduate students or upper-class college students, funded by Federal, state or other sources. �Annual announcements of research opportunities and NOAA research funds through NOAAIS Sanctuaries and Reserve Division. �other research and monitoring funding. 3. off-Reserve Research Projects while it is expected that much of the DNERR research will occur on the Reserves two components, it is also anticipated that substantial research efforts associated with the DNERR will occur outside the Reserve's boundaries. it is probable that many of the off-reserve studies will occur in close proximity to the components (e.g. in the nearby open waters of Delaware Bay, in the State wildlife Areas along the lower St. Jones River, in the urbanized upper watershed of the St. Jones River, in the phragmites-dominated tidal wetlands of lower Blackbird Creek, in the Delmarva Bay freshwater wetlands in the upper watershed of Blackbird Creek). However, research studies supported or 68 assisted by the DNERR may also occur somewhat distant from the components. In particular, research associated with the environmental problems of Delaware's Inland Bays (i.e. Rehoboth, Indian River, and Little Assawoman Bays) would be encouraged under DNERR auspices. While the extensive Delaware Bay system is an excellent representative of a drowned river, coastal plain estuary along the mid-Atlantic Coast, having expansive fringing wetlands and subestuaries, it is not characteristic of lagoon or bar-built estuaries which are also common in the middle Atlantic region. Delaware's Inland Bays are representative of lagoon or bar-built estuaries, and research attention paid to these systems would give the DNERR an active role in examining all of the middle Atlantic region's major estuarine habitat types. The environmentally stressed nature of Delaware's Inland Bays could be compared to similar but less degraded lagoon-type estuaries further south, from Chincoteague Bay southward behind the chain of the Eastern Shore barrier islands of Virginia. Additionally, it is anticipated that cooperative wetlands studies with the University of Delaware's College of Marine Studies would involve DNERR efforts in the Great Marsh near Lewes. 4. Coordination of Research Efforts A major research benefit offered by the Reserve is the potential for coordination of research efforts. The Reserve offers permanent places where various research institutions can coordinate their projects and compare results to complement one another's work. Data will be compiled, assembled, and analyzed, and will be made available in the appropriate form, for use by other researchers, coastal managers and the public. Research coordination reduces unnecessary duplication and effectively decreases the cost of publicly-supported research. a. Coordination Between DNERR Components The research coordinator will coordinate the research between the two DNERR components, done with assistance from the advisory committees and NOAA. b. Coordination with the NEuR System The DNERR works closely with NOAA staff, especially their research coordinator, to develop and assess National Research Priorities. NOAA is also involved with the Reserve through research funding and proposal evaluation. The research coordinator will communicate with other estuarine research coordinators in other states, particularly mid-Atlantic states, and will work with NOAA and other research coordinators to establish a national information exchange network. Data from the DNERR contributes to the national network long-term study to monitor the status and trends of estuarine ecosystems. Data from the National Estuarine Research Reserve System make a substantial contribution to the understanding of long-term ecological effects on estuaries and are useful in 69 predictive trend analysis of ecological stresses. The coordinated research network aids greatly in understanding the theoretical and practical aspects of conservation and coastal resources management. c. Coordination 'With Other Coastal/ Estuarine Research Programs (Federal and State agencies, academic institutions, and private organizations) Reserve staff will also assist in the coordination at the State level of NOAA1s federal coastal and estuarine research programs, such as the Coastal Oceans Office; the Status and Trends Program; the Coastal Zone Management Program; and the National Sea Grant Program. How this coordination will occur will depend upon future desires and guidance from NOAA. Research coordination with non-NOAA agencies, whether they be Federal or State, would not be done to purposely influence their research agendas, but rather to make sure that research is not being unnecessarily replicated by the DNERR, and to see if "anybody" is undertaking those research topics that are identified as high priority by the DNERR. It will be very important to coordinate DNERR research efforts with the U.S. Environmental Protection Agency's two National Estuary Programs in Delaware (the Delaware Estuary Program and the Inland Bays Estuary Program), for both development and implementation of each programs' Comprehensive Conservation and Management Plans. Other federal agencies for which coordination of DNERR research is highly desirable include the U.S. Fish and Wildlife Service's new environmental outreach program, located at Bombay Hook National Wildlife Refuge, plus the Service's efforts to implement the North American Waterfowl Management Plan, achieved in part via the Private Lands Initiative; the U.S. Soil Conservation Service's office in Dover, particularly for studies *of non-point source pollution control methods; and the U.S. Geological Survey's office in Dover, particularly for hydrological studies of surface and ground waters. Coordination of research interests might also be appropriate for some fisheries topics between DNERR and the Mid- Atlantic Fishery Management Council (headquartered in Dover) for offshore federal waters, and also with the Atlantic State Marine Fisheries Commission for inshore state waters. Similar to interactions with federal agencies, it will also be critical to coordinate research interests and efforts between State agencies. Within the Delaware DNREC, all five Divisions have various intere.sts in applied estuarine research: the Divisions of Fish and Wildlife; Soil and Water Conservation; Parks and Recreation; Water Resources; and Air and Waste Management. In particular, coordination of research between the DNERR and the Delaware Coastal Management Program should be emphasized, and activities within the DNERR should be consistent with the DCMP. Coordination of research will also involve other 70 State agencies: the Department of Agriculture's Forestry Section; the Division of Historical and Cultural Affairs' Bureau of Archaeology and Historic Preservation; and the Division of Highways. The Delaware River Basin Commission, a quad-state independent agency (DE, NJ, PA, NY), also sponsors applied research in the Delaware Estuary; coordination between the DNERR and the DRBC should yield mutual benefits. of primary importance for research coordination is interaction between the DNERR and nearby academic research institutions. In particular, research efforts should be coordinated between the DNERR and the University of Delaware's College of Marine Studies, for both its Lewes and Newark faculties, facilities and projects, with special attention to interactions with the Delaware Sea Grant College Program. Other research coordination of special interest between the DNERR and the University would involve the College of Agriculture (Departments of Entomology and Applied Ecology; Agricultural Engineering; and Plant and Soil Sciences), the School of Life and Health Sciences, the College of Arts and Sciences (Dept. of Anthropology Center for Archaeological research), and the College of Urban Affairs (Center for Historic Architecture and Engineering). Research coordination between the DNERR and Delaware State College in Dover would focus on the College's Department of Agriculture and Natural Resources and the Department of Biology. Research coordination with the Cooperative Extension Services at both the University of Delaware and Delaware State College for agricultural topics would be beneficial. Interactions with Wesley College in Dover would be through their undergraduate Environmental Sciences Program. On the New Jersey side of Delaware Bay, Rutgers University operates its Shellfish Research Laboratory in Bivalve, making for probable mutual interests between the DNERR and Rutgers University. The last area necessitating DNERR research coordination is with private environmental organizations who either perform independent or cooperative environmental research. Some of these organizations may also be able to provide volunteers to the DNERR to help with research projects or environmental monitoring. Examples of private organizations who perform various kinds and levels of environmental research include the Delaware Nature Society (e.g. the Stream Watch Program); the Nature Conservancyl particularly for plant and animal inventories; Ducks Unlimited, supporting studies of waterfowl populations and their habitats; the National Audubon Society and its local chapters, plus the Delmarva ornithological Society, for avian population assessments; the member organizations of the western Hemisphere Migratory Shorebird Reserve, Network; marine conservation organizations such a.s.the Atlantic Coast Conservation Association and the American Littoral society; the Archaeological society of Delaware; and the Friends of John Dickinson Mansion. These are but a few examples of private environmental organizations where coordination of applied research with the DNERR may be mutually beneficial. 71 Finally, the DNERR Scientific/Technical Advisory Committee members should promote the DNERR components as research facilities, and act as liaisons between the Reserve and agencies in coordinating research and monitoring efforts. 5. Information Dissemination Information gathered in DNERR research and monitoring and the management implications of this information will be made available to decision makers and the public in understandable forms. Both NOAA and the DNERR will encourage the dissemination of research results. Methods include: -Journal articles in the peer-reviewed literature; -Presentations at professional societies; and - Special symposia arranged by NOAA or reserves, often in association with other meetings such as the biennial meetings of the Estuarine Research Federation or Coastal Zone Managers. In addition to NOAA information dissemination routes, the DNERR will utilize several other avenues of information exchange including: -Summary of research at Reserve; -workshops, conferences and teach-ins at Reserve; -DNERR brochure, distributed with the annual call for proposals at appropriate conferences and other events; -Press releases to local media; -Articles in journals of local organizations; -Direct mailings to State and local decision makers; -Regular contact with representatives of other State and Federal agencies, local government agencies, and planning boards. 72 XII. RESOURCE PROTECTION AND RESTORATION PLAN Along with research and education, resource protection is a major component of the proposed DNERR. Estuaries are among the most biologically productive systems on Earth. As such the productivity and integrity of the Research Reserve's resources must be protected and, where necessary, restored in order to provide a stable environment for research and education programs which are used to address coastal management issues. A. GOALS The goals of the Research Reserve's resource protection and restoration plan will be to: * Maintain the Reserve's estuarine ecosystems for continuous future use as natural field laboratories where information essential to coastal management decisions can be gathered and disseminated. * Ensure a stable environment for research through long-term protection of the Reservel including open water, transitional area wetlands, and adjacent uplands. * Protect significant natural estuarine sites for education and interpretation programs. * Protect the habitats of fauna and flora as an integral part of the natural system. * Permit restoration of degraded areas to a former, more natural condition when appropriate and practicable, and when the restoration will enhance the research or education value of the reserve. * Protect the Reserve from unduly disruptive activities occurring inside and outside of its boundaries. * Protect cultural resources which contribute to an understanding of human interactions with the estuarine system. Specific objectives to aid in achieving these goals include: � Acquiring and protecting key land and water areas identified in the site selection process. � Controlling ac'cess to the Reserve to minimize adverse impacts on critical natural and cultural resources. � Aiding in enforcement of permitted uses of the site. * Being knowledgeable of and involved with land use issues in the vicinities of the Reserve that could impact it. 73 � Coordinating with neighboring property owners and local, state, and federal agencies in order to maintain a proper buffer to the Reserve's core areas. � Coordinating research and education programs to minimize adverse impacts on critical natural and cultural resources. � Providing for adequate public participation and use of the Reserve to inform and educate them as to the need to protect sensitive resources. � Providing an undisturbed estuarine site for long-term baseline resource data needs. B. POLICIES AND PROCEDURES 1. General Policies Resource protection relies on the coordinated efforts of the research and education programs and Management Plan policies. It also relies on a number of existing federal, State and local laws and regulations, plus Reserve and property owner policies, enforced by Reserve staff and property owners. It is also the responsibility of Reserve staff to be knowledgeable of and involved with land use issues in the vicinity of the components that could impact the Reserve. NERRS regulations allow for multiple uses of reserves to the degree compatible with each reserve's management plan and consistent with the mission and goals of the NERRS. The DNERR Management Plan focuses on maintaining areas as field laboratories and on developing a coordinated program of research and education. Public access is encouraged on those parts of the Reserve that are publicly owned or that have received private landowner permission, as long as it is not to the detriment of the resource or does not interfere with approved research. Public access may be restricted in key resource protection areas. These areas will be identified in a management plan and adequately posted at the site. Future research directed at identifying resources of concern (i.e. federal or state rare species, significant natural communities, critical cultural resources) will help delineate these protection areas as well as direct research, education programs and overall Reserve management. The Reserve manager will develop access policies and coordinate enforcement of regulations that will help maintain natural conditions and preserve cultural resources. Traditional use activities (hunting, fishing, trapping) in the proposed DNERR may continue up to levels currently permitted under local and State laws, or under regulations in place with property Owners, as long as these uses do not unduly conflict with research or educational concerns and the harvests conform to 74 legal practices and limits. Potential conflicts can best be avoided by coordination and reasonable compromise. Care should be given to managing the impacts of traditional use activities occurring in rare species habitats or in unique biotic communities. These activities are permitted only in designated areas. All projects carried out in the Reserve for which standardized, authorized Best Management Practices have been developed will follow such BMP's to avoid degradation of the natural environment and of cultural resources. Any activity on State-owned land or private land done under cooperative agreements will adhere to a conservation plan acceptable to all cooperators. Such plans will be formulated for core and/or buffer areas. Resource protection will typically be addressed by restricting certain land use activities. Erosion and sediment control and stormwater management plans will be carried out to enhance water quality and quantity by limiting sediment, toxics, chemicals, and waste oil runoff. The use of insecticides, herbicides, and other toxic substances when necessary will be carefully planned and their application will follow all required or appropriate procedures. Pesticides with rapid breakdown and negligible effects on the environment could be used when necessary with prior coordination with or approval of the Reserve manager. DNERR staff will encourage any activities outside of and adjacent to the Reserve to be compatible with resource protection and conservation. Activities such as development, infrastructure concerns and any land disturbing action that occurs upstream from the Reserve or any of its tributaries will be monitored. The planning of any construction or substantial site manipulation will include a heritage inventory survey for rare species and significant natural communities and a cultural resources survey. If critical resources are identified this information will be noted in the appropriate databases and plans may be altered as necessary to minimize adverse impacts. Research proposals and education programs will undergo a review by appropriate agency, Advisory Committee or Reserve staff for their impacts on resource protection. The type and scope of project will be weighed against the need to maintain critical natural and cultural resources. Research is a key use of the Reserve and is given a high priority in the management plan. Interference with research activities can disrupt the ability to achieve effective long-term management of the estuarine systems. Reserve staff will monitor research sites and will post signs identifying these sites. With the exception of samples taken for approved research and education programs, and fish and game taken from designated fishing, hunting, or trapping areas, nothing may be removed from the core areas without prior approval of the Reserve manager. Plants, animals, minerals, cultural resources, or any parts of 75 these must remain to protect the integrity of these key areas. Objects and samples may be removed from buffer zones for Reserve research or education programs as necessary. Because the DNERR falls under a number of different and sometimes overlapping jurisdictions of local, State and federal agencies, coordination and cooperation among all authorities is essential. Some of the State and local regulations directly affecting the Reserve are described at the end of this section. The Reserve staff will coordinate activities with the appropriate regulatory agencies and other resource protection efforts. A clearinghouse will be created to help the Reserve coordinate with other agencies which propose projects potentially impacting the Reserve. 2. Restoration/Habitat Manipulation Policy The restoration or manipulation of certain habitats within the Reserve is necessary and desirable at times. These activities can be permitted under carefully controlled conditions that consider resource protection concerns. The Management Plan is flexible to allow these types of activities, since they may be well suited for research and education opportunities or might be necessary to address environmental problems, as long as they are compatible with resource protection. Most restoration or manipulation activities will be directed at restoring the natural plant and animal community of a site, or will be done in association with experimental research projects. In part, this would help increase habitat and species diversity and should prevent further degradation of the resource. Any species reintroductions will be native to the area. Restoration and habitat manipulation projects can provide a good baseline for long-term research and education needs. Restoration or habitat manipulation resulting in substantial action will require prior approval by the State, NOAA and where applicable, by the site property owner. As discussed in the Environmental Research and Monitoring Section (XI-B-2. and XI.Co), Substantial habitat manipulation activities for research will be allowed in the buffer areas and in up to 25% of the core areaso The remaining 75% of the Reserve's core areas will be left relatively undisturbed in order to serve as sites for control purposes or to do non-habitat- altering studies. of this 75% of the core areas, 25% may be identified in advance as areas of minimum disturbance, essentially serving as long-term control siteso These minimum disturbance sites should be confined to well-defined sub- watersheds and not spread over the core areas in a patchy or mosaic fashion. These sites -also should be representative of the range of habitat types within the core and should consider areas where resource protection is a major concern (e.g. rare species habitat or unique biotic assemblages)o of the remaining 75% of the DNERR core areas, up to 1/3 (or 25% Of the total core areas) may be subject to habitat manipulation for approved research purposes. 76 In summary, substantial habitat manipulation for experimental purposes may occur in up to 25% of the DNERR core areas if the alterations are temporary or reversible in nature, are confined to well-defined sub-watersheds and not spread over the core areas in a random fashion, do not substantially affect adjacent core areas of undisturbed habitat, and do not degrade rare species habitat or unique biotic assemblages. As stated in the Environmental Research and Monitoring Plan, what activities constitute "substantial" habitat manipulations, and what activities may be considered to be "temporary" or "reversible", will have to be evaluated on a case-by-case basis as they are proposed, done in consideration of ecological impacts and the purposes of the Reserve. The concern with habitat manipulations for research purposes, in terms of type, extent or duration of alterations, will not be as stringent in the DNERR buffer areas. However, degrading impacts on rare species habitats or unique biotic assemblages will not be permitted, and buffer area alterations should not substantially affect core areas where not intended or permitted. Also discussed in the Environmental Research and Monitoring Plan was the need for restoration and habitat manipulation practices to protect or maintain the purposes and integrity of @he Reserve. These activities, when necessary, may be undertaken in either the core or buffer areas to prevent or offset undesirable or unacceptable changes caused by human influences or nature (for example, mosquito-borne human diseases such as Eastern Equine Encephalitis) . In some cases the responding activity may more involve the direct management of species populations rather than their habitats. Manipulation or alteration of habitat or species populations for management. purposes should be accomplished with minimal impacts on non- target resources or functions of the Reserve. Examples of changes that may necessitate habitat or population management responses include excessive shoreline erosion or wetlands submergence caused by relative sea-level rise.; excessive denuding of emergent vegetation by snow qoose grazing; excessive expansion of phragmites cover; excessive production of pestiferous mosquitoes, especially for off-site nuisance relief and disease control; or excessive siltation caused by upland run-off or downstream transport. Where needed, environmentally-sound corrective or preventive measures for substantial environmental problems may be permitted in core or buffer areas. All such actions must have prior approval from the State and, where applicable, from site property owners. Both of the DNERR components produce pestiferous mosquitoes that require control for their off-site nuisance problems and disease-vector potential. Both of these potential problems can directly affect the quality-of-life in an area greater than 20 miles distance from the Reserve. The Lower St. Jones River component is of more mosquito-production concern, since it is only six miles from downtown Dover, and its more saline habitats produce more saltmarsh mosquitoes than do the upper Blackbird 77 Creek marshes. Saltmarsh mosquitoes will routinely fly 10-15 miles inland from their marshes of origin and are capable of carrying problems as far as 40 miles away from their breeding grounds. In order to satisfactorily contend with the mosquito problems, all ongoing mosquito control practices will continue in both core and buffer zones of both Reserve components. This primarily involves the DNREC's Mosquito Control Section's surveillance of mosquito production levels, and selective application (as needed) of insecticides. similar to its insecticide control efforts throughout the State, the Section will use insecticides on the Reserve in an environmentally- compatible manner. Essentially, the need for insecticide use, types of insecticides, methods of application, areas of treatment, and frequency of treatments will be the responsibility and decision of the DNREC's Mosquito Control Section in consultation with the Reserve manager. In addition to using insecticides for saltmarsh mosquito control, the Mosquito Control Section has an aggressive policy of trying to reduce statewide its insecticide use as much as possible, primarily by relying on source reduction methods such as open Marsh Water Management (OMWM) wherever practical. The mosquito-breeding areas of the lower St. Jones River tidal wetlands are currently targeted for OMWM treatment, part of the 15,000 acres (out of Delaware's total 83,000 acres of tidal marshes) of severe saltmarsh mosquito-production habitat identified in the State. The OMWM treatment effects are primarily the permanent installation or restoration of selectively-located ponds and ditches; temporary deposition of a thin layer of excavated spoil; and a long-term, substantial reduction in the need for insecticide use. A major benef it of the OMWM method is the opportunity to restore more permanent water habitats to high marsh zones that have been dewatered, mainly in marshes where parallel-grid-ditching has been extensive (e.g. the lower St. Jones River marshes) . The restoration or creatio n of tidal ponds that do not dry-out at low tide substantially enhances aquatic and waterbird habitats in tidal wetlands, in addition to significantly decreasing mosquito production. omwk planning and implementation in the lower St. Jones River marshes will include, in addition to the thorough review of the appropriate Reserve and NOAA staf f prior to installation, permit and f ield reviews by the member agencies of the Delaware Mosquito control Advisory Committee (i.e. the Army Corps of Engineers; U.S. Environmental Protection Agency; U.S. Fish and Wildlife Service; National Marine Fisheries service; the DNREC'S Sections of Mosquito-Control, Wildlife, and Fisheries; and the DNREC's Wetlands and Aquatic Protection Branch). omwm systems will be installed in the Lower St. Jones River DNERR component (in both core and buffer areas), using the omwm guidelines that the Section follows statewide in its operations. most of the potential OMWM work in the lower St. Jones River 78 tidal wetlands is in salt hay patches or zones, located in narrow bands behind natural creekside levees or along the landward upper fringes of the marsh. The design and installation of OMWM systems for the Lower St. Jones River DNERR component will carefully consider*and accommodate the Reserve's needs and functions for research, education and resource protection. At this point in time, the Delaware Mosquito Control Section does not believe that OMWM is desirable or needed for the upper Blackbird Creek area, given the physical characteristics of the area and the amount and types of mosquitoes produced. C. STATE AND LOCAL REGULATIONS AFFECTING THE DNERR The following laws and regulations affect activities that may be carried out in and around the Reserve's watershed. TIDAL WETLANDS Tidal wetlands in Delaware are protected by the Wetlands Act (7 Del. C. Chapter 66). The Act covers all "wetlands" defined as: "Those lands above the mean low water elevation including any bank, marsh, swamp, meadow, flat or other low land subject to tidal action in the State along the Delaware Bay and Delaware River, Indian River Bay, Rehoboth Bay, Little and Big Assawoman Bays, the coastal inland waterways, or along any inlet, estuary or tributary waterway or any portion thereof, including those areas which are now or in this century have been connected to tidal waters, whose surface is at or below an elevation of 2 feet above local mean high water, and upon which may grow or is capable of growing any but not necessarily all of the following plants: [list of plants) and those lands not currently used for agricultural purposes containing 400 acres or more of contiguous nontidal swamp, bog, muck or marsh exclusive of narrow stream valleys where fresh water stands most, if not all, of the time due to high water table, which contribute significantly to ground water recharge, and which would require intensive artificial drainage using equipment such as pumping stations, drain fields or ditches for the production of agricultural crops." The Department of Natural Resources and Environmental Control surveys and delineates its tidal wetlands; regulatory maps provide jurisdictional boundaries. under a concurrent review process with the Army Corps of Engineers, the State requires a permit for any dredging, filling, or other alterations or construction, bulkheading, construction of piers, jetties, breakwaters, boat ramps, or mining, drilling or excavation in State mapped wetlands. No permit may be issued until the county or municipality having jurisdiction has first determined that the activity is lawful according to zoning procedures. Proposed activities are evaluated considering the factors of environmental impact, aesthetic effect, the number and type of supporting facilities 79 required and the environmental impact of such facilities, the effect on neighboring land uses, State, county and municipal comprehensive plans for the development and/or conservation of their areas of jurisdiction and economic effect. Exemptions from permit requirements include mosquito control activities authorized by the Department, construction of directional aids to navigation, duck blinds, foot bridges, (which connect one upland area to another upland area), boundary stakes, wildlife nesting structures, grazing of domestic animals, haying, hunting, fishing and trapping. Projects which would require wetland permits within both the lower St. Jones River and the upper Blackbird Creek components would include any impacts to tidal wetlands for the construction of piers, docks or boat ramps. Any placement of permanent structures, sampling devices or markers for research purposes would also require a wetlands permit. SUBAQUEOUS LANDS The purpose of the Subaqueous Lands Act, 7 Del. C., Chapter 72, is to protect against uses or changes which may impair the public interest in the use of navigable waters. "Subaqueous lands", including rivers, lakes, ponds, streams, embayments, lagoons and other navigable waterways, means "submerged lands and tidelands". By definition, the landward extent of jurisdiction in subaqueous lands is the mean high tide line, or the ordinary high water line in non-tidal waterbodies. The Act empowers the Secretary of the Department of Natural Resources and Environmental Control and the Governor, (for commercial projects), to regulate the use of both public and private subaqueous lands. Permits, leases or letters of approval issued by the Wetlands and Aquatic Protection Branch are required to deposit material upon, remove material from, construct, modify, repair or reconstruct or occupy any structure or facility upon subaqueous lands, as well as new and maintenance dredging projects. Regulations governing the use of subaqueous lands stipulate that no activity may be undertaken which might contribute to the pollution of public waters, adversely impact or destroy aquatic habitats or infringe upon the rights of public or private owners. Examples of activities regulated under this statute which may be proposed for the St. Jones River and upper Blackbird Creek components would include the construction of piers, utility or road crossings, docks, boat ramps or mooring facilities. PROPOSED FRESHWATER WETLANDS ACT The Delaware Department of Natural Resources and Environmental Control has developed a Freshwater Wetlands Act (7 Del. C. Chapter 76) with the goal of no net loss of the state's remaining freshwater wetland base by acreage and function. "Freshwater wetlands" means open waters, aquatic flats and bars, or "those areas that are inundated or saturated by surface or 80 groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, excluding areas subject to jurisdiction pursuant to 7 Del. C. Chapter 72 (Subaqueous lands) and areas mapped as tidal wetlands pursuant to 7 Del. !9-. Chapter 66. The Secretary of DNREC will seek to assume administrative authority of Section 404 of the Clean Water Act to the state. The Freshwater Wetlands Act is structured similarly to the Wetland Act of 1973 and is consistent both with this act and with Section 404. If passed, this proposed legislation would regulate all activities not exempted by statute or regulations rather than only the placement of dredge or fill material currently regulated by the Corps of Engineers under Section 404. Possible impacts to freshwater wetlands within the lower St. Jones River and upper Blackbird Creek components which would require a permit or the application of best management practices, should this Act be passed, would include any applied or basic research activities which would have more than a d-e- minimis impact. ARCHAEOLOGICAL ACTIVITIES Prehistoric and historic archaeological sites on state-owned or controlled properties in Delaware are protected by an antiquities act (Chapter 54, Title 7, Delaware Code). Under this act, only the governor or the director of the Division of Historical and Cultural Affairs may give permission to collect artifacts or to conduct archaeological surveys or excavations on state land. Any artifacts found on state land, regardless of where or by whom, are the property of the state, and are to be deposited with the Division of Historical and Cultural Affairs for curation and display. The unauthorized collection of artifacts or excavation of sites is punishable by a $100 fine and/or a 30-day prison term. Unmarked human remains are further protected by an amendment to the antiquities act. The provisions of this act apply to burials on both public and private land. Human remains that are not the subject of an investigation by the Medical Examiner can only be excavated by professional archaeologists with the approval of the director of the Division of Historical and Cultural Affairs and a Committee on Unmarked Human Remains, if the remains are determined to be those of a Native American. If the remains are those of a member of any other ethnic group, an effort must be made to obtain permission from the next-of-kin. After excavation, the remains may be studied by a skeletal analyst for 90 days before they are reinterred. Unauthorized acquisition, excavation, or display of human remains is punishable by a fine of not less than $1000 or more than $10,000 and/or imprisonment of up to 2 years. NATURAL AREAS PRESERVATION The 1978 Natural Areas Preservation system Act (7 -Del. C. 81 Chapter 73) established a means to set aside and protect significant natural landscapes throughout the State. These areas may be the best examples of a particular habitat, rare species locations, or geological and archaeological sites. The Office of Nature Preserves within the Department of Natural Resources and Environmental Control administers this voluntary program. Efforts are directed towards public and private landowners of natural areas to conserve and protect the resources of concern through the placement of restrictions on the property. Once a natural area has these legally recorded restrictions applied to it, then it becomes a nature preserve and is afforded the highest level of protection for conservation lands in Delaware. The entire upper Blackbird Creek component is within a state- recognized natural area. Activities associated with the DNERR's process will be coordinated with natural areas protection efforts. CONSERVATION EASEMENT A conservation easement as defined by Delaware law (7 Del. C. Chapter 69) is a way for a landowner to voluntarily place permanent restrictions on the future use of the land, thereby protecting its natural attributes. The conservation easement is perpetual and binds all present and future owners of the land. For site acquisition/protection efforts, a conservation easement will be one of the methods used to establish the DNERR. EROSION AND SEDIMENT CONTROL/STORKWATER MANAGEMENT on July 1, 1991 new state Erosion and Sediment Control and Stormwater Management Regulations will go into effect. These regulations are aimed at significantly reducing pre- and post- construction sediment, nutrient and toxic loads to the State's waterways. Any facilities development associated with DNERR would come under these regulations. Also any development outside of the DNERR boundary would be similarly regulated. RARE SPECIES AND NATURAL COMMUNITIES A proposed revision of the State's Endangered Species law would provide additional protection to the many state-listed rare plants, animals and natural communities. All activities in the DNERR, including research, will be evaluated against any adverse impacts to the listed species and communities and modified accordingly. WILDLIFE AND pISH MANAGEMENT All wildlife and fish management taking place within the DNERR will adhere to the most current hunting and fishing regulations and laws (7 Del. C. Chapters 1-27). LAND USE AND ZONING All applicable state and county land use and zoning restrictions will apply to the DNERR. 82 XIII. EDUCATION/INTERPRETATION PLAN The Education and Interpretation program joins Research, and Resource Protection as the three main sections planned for the management of the Reserve components. This shows the close interrelationship between each of these facets. These programs broaden the public's understanding of the value of estuarine resources, increase citizen awareness and understanding of estuarine management, problems, and issues, advocate positive environmental practices, and interpret and disseminate useful research results to appropriate decision makers. A. GOALS OF THE EDUCATION/INTERPRETATION PROGRAM Education Goal Enhance public awareness, understanding, and wise use of estuarine resources in the Middle Atlantic Region and encourage an environmental ethic among all users. Education objectives * Promote knowledge of the Reserve, its resources, and its programs as well as knowledge of broader coastal issues and concerns related to estuarine management and protection; * Provide educational and interpretive services at appropriate Reserve components directly to students, managers and visiting public; * Use information on past lifeways to make members of the public more aware of the importance of estuarine ecology and to promote balanced use of estuarine resources; * Promote the preservation of historic properties (including archaeological sites, buildings, and structures) through public education efforts; * Provide opportunities for teacher training, student projects, internships, and assistantships where enrollees work jointly with scientists, gain field experience, and learn about the importance of research resources; * Provide appropriate facilities which contribute to educational interpretative, volunteer, and research uses of reserve components; and * Provide an understanding and appreciation for traditional resource uses, such as fishing, hunting, trapping, and boating. Reserve components will be utilized, where appropriate, as outdoor instructional areas for educational studies in estuarine ecology. The reserve program will help foster a long-term 83 commitment to the restoration and protection of the Delaware Bay system and its resources through education about the Bay system ' the problems facing it, and the policies and programs designed to help the Bay by providing opportunities for interpretive, recreational, and leisure activities (hiking, bird watching, canoeing, etc.). These activities will be promoted at appropriate reserve sites where the natural area character of the Reserve and ongoing research will not be adversely affected. B. FRAMEWORK OF EDUCATIONAL PROGRAMS The International Conference on Environmental Education held in Belgrade (1975) and Tbilisi (1972) adopted the following goal: "To develop a citizenry that is aware of, and concerned about the total environment and its associated problems, and which has the knowledge, attitude, motivations, commitment and skills to work individually and collectively toward solutions of current problems and the prevention of new ones." We find this goal to be as valid today as when it was first written. our role as the DNERR environmental education and interpretation program is to further this goal by being a part of a network of delivery systems in the state, nation, and world. In furthering this goal the Delaware Environmental Legacy Report (1988) indicated that needs 'showed there should be two major environmental education efforts in Delaware. one for developing an environmental ethic in our youth and a second for recognizing that environmental education is a continuing process and should therefore also target adults and their understanding of the environment. The DNERR program will address both of these environmental education efforts. It can do this first, by recognizing that for youth in kindergarten through 12th grade the effort should be to develop an awareness and attitude toward responsible environmental stewardship. Second, for adults, continuing education should occur for general public as well as for various selected groups such as the managers, professionals, decision makers, farmers, users, seniors, etc. and for support for higher learning. It should include the development of basic concepts about the environment as well as programming for specific environmental issues. This program will use the DNERR resource base and participatory involvement to help people understand the interactions and interdependencies between people and the environment. With this kn6wledge people will understand the consequences of their actions and become motivated to act on them. It is expected that the DNERR will provide programs which will progress from environmental awareness through environmental 84 understanding to environmental action. To meet the goals of the education program, both the Blackbird and the St. Jones components will be available for educational activities. The St. Jones component will be the site of the DNERR Education and Research Center and therefore will provide the resources for most of the educational programs. Environmental education refers to the total environment including natural, cultural, and historical components. This program will include each of these components in its programming. The impact of humans on nature cannot be ignored and for society to solve its problems it must be addressed. one major purpose of the educational program of DNERR is to provide educational programs that will facilitate the information exchange between the DNERR researchers and the end users and decision makers. It is the role of the educator not only to take the information discovered by the researchers and make the potential users and decision makers aware of this discovery, but also to assure that they have an understanding of the interrelationships involved so that they can then properly act on the discovery. C. TYPES OF PROGRAMS 1. Activities Both the Blackbird and St. Jones components will be able to provide a variety of educational opportunities. Activities at each component will be structured to take advantage of that component's resources. Examples of possible environmental education and interpretation programs include: * Guided and self-guided tours that will emphasize natural, cultural and historical features. Self-guided tours may be available for anyone including general public visitors while guided tours are usually scheduled. * Participatory, interactive, and multi-sensory educational activities. * Archaeological educational activities such as a sample archaeological excavation. These activities are designed to demonstrate the research techniques, as well as showing the continued interrelationships of people with this environment. With careful coordination with professionalarchaeologists, actual sites can sometimes be used however more commonly a simulated site is developed. * Tours, demonstrations, and talks on research that is being or has been conducted at the Reserve. Researchers have a direct role in the education program and should frequently be involved in conveying this material to the appropriate 85 audiences. Educators also help present research results. � Guided tours and activities in the marsh, river, and bay portions of the estuary. These may use canoes or research and education vessels. � Educational programs that help students understand the use of research procedures or "teach-ins" that may help educate end users or decision makers on estuarine research and systems. � Educational materials, programs, and facilities that will aid institutions of higher learning in their use of DNERR. � Internships for research and for education. The DNERR provides an ideal site for students to intern to develop their research and research application skills. Educational interns with the DNERR Educational Program will have opportunities to work with varied age groups in numerous settings providing an excellent opportunity for professional development. � Teacher training workshops or "in-service" programs will provide teachers the opportunity to become aware of educational resources available to them as well as to continually upgrade teaching techniques. Delaware is currently considering requiring teacher training for re- certification. If adopted, this could create a significant demand for these programs. Most surrounding states in the region already have such a requirement. � Production of interpretive and educational materials such as brochures, newsletters, articles, slide-shows, videos, etc. � Outreach programs on estuarine systems for youth. Bus costs seem to be one of the main reasons why schools limit trips to environmental education sites. Outreach programs of taking the material to the school is often a substitute. In addition, when a school schedules a visit to the Reserve, the outreach program may develop pre-trip and post-trip visits to the school to provide a much more meaningful and complete experience. � Adult programs for DNERR research efforts and findings, resource protection, management and educators can be presented on-site and as part of the outreach program. � Educational program involvement in research efforts. This can often help both activities and will be encouraged where feasible. � Programs (as well as facilities) will be especially developed to be accessible by the handicapped whenever possible. Special consideration will be given to activity 86 location, activity selection, etc. to provide for maximum program accessibility. � Activities emphasizing interaction with the resources such as seining, marsh sampling, bay study, marsh ecology, etc. along with related follow-up laboratory experiences. � Center exhibits to provide an aid to the educational programs. � Wayside exhibits on-site of specific resources to help explain the site, system, or the research being conducted there. 2. Exhibits The planned St. Jones component of the DNERR includes the John Dickinson Mansion & Plantation. This mansion is operated by the Delaware Division of Historical and Cultural Affairs. Due to the close proximity of the mansion to the DNERR Center and since the John Dickinson plantation historically provided a cultural link to the estuary, the mansion provides an extra opportunity for public accessibility of DNERR educational materials. The plantation is open to the public daily (except Mondays) and provides public tours of the mansion. it is planned that as a part of DNERR an outbuilding of the plantation will be expanded to include DNERR exhibits. This exhibit theme will be the cultural link between people and the estuary in the past and continue the time to present environmental concerns. Since the DNERR does not plan to emphasize general public casual visitation at its Center, the plantation exhibits will provide for much of this visitation. An additional benefit of this linkage is in cost savings. The plantation site is already staffed during normal general public visitation hours including weekends. This will free DNERR education staff for regular educational programs. It is expected that some exhibits will also be housed at the Education and Research Center. These exhibits are intended to (1) continue the link developed at the plantation site and carry it to present environmental concerns and prevention of environmental problems, (2) support exhibits for the educational program e.g. teaching collections, live collections, concept development, etc., (3) exhibits relating to research being conducted at the DNERR components and (4) related exhibits developed by cooperating agencies. Longevity of these exhibits are expected to vary greatly with some expecting to be long term support exhibits while others may be short term or seasonal ones. Wayside exhibits are also planned for both the Blackbird and St. Jones components. These exhibits are located on the site of 87 various resources that should be interpreted. They help viewers identify the items they are observing, understand the systems underlying the resources or may explain the research project under way for that site. These wayside exhibits are typically fiberglas embedded signs, metal photo signs, or shelters. 3. Trails Trails will be constructed on both the Blackbird and St. Jones components. Trails can provide for a unique recreational experience, an area for research and educational program access, and for access to and/or between points of interest. DNERR trails will provide access to the marsh, water, research sites, educational teaching stations, vistas, etc. One trail will be constructed to provide access from the John Dickinson Plantation to the Education and Research Center. Boardwalks may be a necessary part of the trails to provide access over wet areas. A St. Jones Greenway has been proposed that would combine efforts from state, county, and city governments, private properties, as well as the DNERR . This function is expected to be compatible with the overall purpose of DNERR. The specific impact on the St. Jones component has not yet been determined but is likely to be a trail paralleling the river. Access to this trail will be determined in conjunction with the overall Greenway plan and with DNERR policy. Trails will be loops whenever possible. This will reduce maintenance costs as well as provide for increased user interest. unless specifically authorized, trails will be for pedestrian use only. No bicycle, horse, or motor vehicle use will be permitted without the written authorization of the reserve manager. 4. Individual Components a. St. Jones Component Since this component will house the Reserve Center, it will be the location for the majority of the education and interpretive programs conducted. The DNERR estuarine educator will operate from this center and will develop site specific programs and materials. Trails, boardwalks, and outdoor teaching stations will be located here and may provide extra facilities for convenient outdoor instruction. Boat docks with access for canoes as well as loading space for a research and educational vessel may also be on this component. 88 b. Blackbird Component This area will emphasize self-guided, self-conducted tours and activities. Resources will be available for schools and other groups to utilize the facilities without the direct supervision of the DNERR education staff. Staff instructed programming will be conducted for this component to provide the appropriate contrasts for portions of an estuary with less salinity. S. Themes The major themes for the DNERR includes reserve awareness, natural resources, estuarine systems, interactions between people and the estuary, and Reserve management. 6. Coordination a. Coordination of DNERR Education Coordinator will coordinate education programs for the DNERR. The DNERR Education Coordinator will be the Chief of Interpretive Services who operates educational and interpretive programming from five centers and in locations throughout Delaware. This position will assure coordination of the program with other educational programs, and may be located at DNREC Headquarters as well as operations from the DNERR Center. The Estuarine Educator will direct the educational efforts at both the Blackbird and St. Jones components. This position will be housed at the Education and Research center and will be directly responsible for all interpretation, education programs, special events, etc. for the Reserve. See the Administration Plan for the organizational chart for these positions. b. Coordination vith the NERR System Information publications will be distributed to the other NERR managers around the United States. Interpretive or Educational materials developed will also be made available upon request. Information will be provided to NOAA periodically for NERRS Status Reports. The Reserve Manager will communicate directly and frequently with NOAA for numerous purposes including education. a. Coord ination vith other educational programs The education. coordinator will coordinate the DNERR education and interpretation program with the educational programs of public and private schools, governmental agencies, private organizations, and colleges and universities in Delaware. This coordination will attempt to further the overall goals of environmental education (mentioned previously) as well as the more specific estuarine educational goals of the DNERR. 89 There are numerous groups in the state currently involved in these estuarine education efforts. They include: --Public Schools --Private and Parochial Schools. --Departme nt of Public Instruction (Science and Environmental Education) --Department of Agriculture (Project Learning Tree) --DNREC - various programs --Conservation Districts --Delaware Nature Society --Delaware Audubon Society --Children's Beach House --Bombay Hook National Wildlife Refuge --and more Colleges and Universities that have expressed interest include: Delaware State College University of Delaware (Cooperative Extension) Wesley College 90 XIV. VOLUNTEER PLAN The Delaware Department of Natural Resources and Environmental Control (DNREC) has through its Divisions utilized volunteers in its programs for greater than two decades. recently DNREC had hired a volunteer coordinator to assist in the recruitment, placement, utilization, coordination, and recognition of volunteers. In addition the Division of Parks and Recreation has developed a volunteer corps for each of its full time interpretive and educational centers. These volunteers assist with conducting programs, staffing centers, maintaining trails, developing exhibits, preparing brochures, and many other facets of center work. The Reserve is expected to develop a similar corps of volunteers to help with the various aspects of reserve work, assisting with research projects as well as educational volunteers. It may include trail work, opening and closing the Reserve, security awareness, research efforts and so forth. It is anticipated that the Department's volunteer coordinator be located in the DNERR Center. This will aid the development of the volunteer corps at the proposed DNERR components by fostering a very close working relationship between staff and the volunteer coordinator. 91 XV. FACILITIES DEVELOPMENT PLAN Facilities enhance access and use of Reserves and provide support for education and research programs. The Department of Natural Resources and Environmental Control has a critical need for a facility to locate most of the Department's biologists. The goals and objectives of the DNERR program compliment the Fish and Wildlife scientists needs to better manage estuaries and the activities on adjacent lands that impact them. A. CURRENT FACILITIES The most important facility that currently exists is the John Dickinson Mansion and outbuildings including a Visitors Barn located within the St. Jones River component. The facility is operated by the Bureau of Museums and Historic Sites and focuses on the historical and cultural aspects of the John Dickinson Plantation which boundaries nearly coincide with the DNERR St. Jones boundaries. The only other facilities that currently exists within the proposed Reserve's boundaries are a boat ramp, fishing pier and parking lot on the south side of the St. Jones River operated by DNREC- Other support facilities exist adjacent to the Reserve such as those located at the Logan Lane and Little Creek Fish and wildlife areas as well as the education and research facilities and equipment located 6 miles from the Reserve at DNREC's headquarters. Some of their values are discussed in other sections, especially the Research plan. B. PLANNING AND DEVELOPMENT FOR FUTURE FACILITIES An Education and Research Center is planned to serve as the focus of the Reserve and the facility to accommodate many of the State's field experts in estuarine management. i. Site Needs The first five years of the Management Plan will be concentrated on the development of the Education and Research Center and the expansion of the John Dickinson Mansion's Visitors Barn. Other Reserve facility needs are discussed in various sections of the Plan such as trails, boardwalks, and boat access. 92 EDUCATION AND RESEARCH CENTER A survey was sent to approximately 50 agencies, schools, environmental and cultural resource organizations. After interviewing the respondents who indicated an interest in co- locating in an estuarine education an research facility, it was determined that there is a need for a multi-purpose education and research facility of about 20000 sq. ft. to enable the DNREC to meet a variety of needs. These same needs also were outlined in the Department's strategic plan. The facility preferred location is on the north side of the St. Jones river between the Dickinson Mansion and the Departmentfs Logan Lane Tract. The estimated cost is projected based on Kent County building costs and would include: architectural and engineering costs for an expandable structure, septic, well, interior plumbing, electric, heating and air conditioning, finished interior walls and movable floor to ceiling partitions, ceiling and floors, a@ well as all site access, parking, and landscaping needs. The build 'ing will be in the Mansion's historic zone which will require the portion facing the Mansion to be "historically" in context, while the rear (facing the marsh and the St. Jones River) will be glass, open and highly functional. The building will be phased with the laboratory wing and central services in Phase one with construction paid by state and federal funding . The State and federal funds will continue to be used for the Second Phase which will include the construction of the Education section and the finishing of offices, public display areas, auditorium, conference rooms, resource library, and other education and interpretation facility needs. Federal funds are authorized to match equally State funds for the construction of NERRS facilities. The DNERR Education and Research Center will accommodate many estuarine specialists who will greatly enhance the DNERR and NERRS programs. Some of these specialists that will be located full time at the Center will have job duties outside of the objectives of the DNERR. Therefore, the State will fund the Center at more than 50% of the construction cost based upon NOAA/State allocation plan. CONSIDERATIONS FOR PHASE ONE (information from Architect's scoping plans) DNERR management and Operations TOTA DNERR DNREC - 7 Offices 700 sqft 400 300 - Library = 1000 1000 - Storage,Halls, utility,displays, class/conf. rooms restrooms,etc 3900 3750 150 93 DNERR Research Fish & Wildlife Scientists (including DNERR visiting researchers) TOTAL DNERR F&W - Chemistry Lab 800 sqft 400 400 - Biology Lab Boo 400 400 - 24 Offices 2000 400 1600 - Storage,halls etc = 2400 1800 600 DNERR Education TOTAL DNERR P&R - Education Lab 1000 sqft 1000 - 8 Offices = 800 300 500 - Storage,halls, etc 1000 900 100 TOTAL 14400 sqft 10350 4050 DNERR FACILITY NEEDS (based on DNERR survey results) 1. A. Display space_1_yes no B. Sales area-l_yes no Occasional-Y- Permanent-Y- 2. Group space A. Conference rooms-2-0qyes no ; capacity_50_each-seats B. Auditorium -1-0qyes no ; capacity_200-seats C. Classrooms -2-yes no ; capacity-35_each-seats D. Library -1-yes_no ; size-800_sq ft E. Outdoor classroom/Lab 4_yes no F. Amphitheater -1--yes_no ; capacity_200-seats G. Observation a. Deck-1-yes_no b. Tower-1-yes_no 3. Office space_Y_yes r no number of offices 25 approximate sq ft_5000 (fo8qrq-q50 TTE's;including swing & ren2qEal off.) DNREC DM = 7 people (A,PM,EC,AQ,RC,VC,S,q) Div. of F&W = 25 people Div. of P&R = 2 people Rental 12 people (NACD,Wesley,UofD Ag) 4. Laboratory space Swing 4 people (DNS,SJRWA,other non-profits) A. Educational8q-l_yes no ; _900_sq ft B. Biological _1_yes no ; _600_sq ft C. Chemical 4T_1__7' yes no ; _400_sq ft D. Visiting scientists8q-14q-yes_no ; _200_sq ft 5. Storage space_l_yes_no ; _2000_sq ft 94 6. Dormitories A. Youth_yes_X_no capacity B. Adults_yes_X_no capacity 7. outside needs A. Parking_50_spaces ;B.visitors-loo-maximum spaces C. Loading dock_1_yes no 8. Location needs (within St. Jones DNERRS Site) A. Water access_Y_yes no ; type of boat-canoe B. Wooded-Y-yes no ; C. Open_Y_yes no D. Farmlands -Y- yes_no E. Wetlands-Y-yes_no 9. other needs (This is a listing of a variety of needs that may arise - please check all that might be of interest to you. Feel free to add any others.) A.- Y-Special water purity B. -Y-Climate control a. Air conditioning_Y_ b. Humidity_Y_ c. Heating-Y C. Y Computers D. -Y-Printers E.- Y-Photocopiers F. -Y-Laboratory equipment a. Balances-Y- b. Microscopes_Y_ c. Ovens Y d. Furnaces-Y- e. pH meters-Y- f. other-Water analysis kits; Exhibit lighting; Tissue preparation machine; Walk-in freezer & refrig.; Weight scales 300 1 cap. wf-lift G. Specialized major equipment such as : a. Carbon-nitrogen-sulfur analyzer_Y_ b. Particle counter Y c. Liquid scintillaii-on counter d. Electromagnetic current meter-Y- e. Spectrophotometer-Y- f. Fluorometer Y g. Other-Vacuum filter system; Chemical hood; Cryotome H. Small boats a. Size(length) 18 ft b. Outboard siz@_(h.@.)_40 c. Carrying capacity(lbs.)_1800 d. Primary uses-Collection of data; I & E Tours 95 I. Field Hydrological Monitoring: a. Fixed station, continuously-recording the guage Y b. Portable water level recorder Y c. Fixed station, continuously-recording current meter Y d. Portable flow meter Y e. Fixed station, continuously-recording salinometer Y f. Portable salinometer, refractometer Y g. Fixed-station, continuously-recording thermomemter Y h. Portable dissolved oxygen meter Y i. Portable pH meter Y j. Secchi disks Y k. Water collection bottles (Niskin, Kemmerer) Y l. BOD sampler Y m. Other Fixed station continuously recording dissolved oxygen meter J. Field collection gear: a. Fish seines Y b. Fyke nets, hoop nets Y c. Otter trawls Y d. Benthic grabs, corers, dredges Y e. Benthic sieves, strainers Y f. Plankton nets Y g. Other cannon or rocket nets; Radio telemetry equipment K. Weather station Y L. Boat docking facilities Y ; a. dry Y b. wet Y c. ramps Y d. piers Y M. Aquariums Y a. salt Y b. fresh Y N. Plants & animal collection Y O. Trails Y P. Shelter Y Q. Observation blinds Y R. INformation kiosks Y S. Recreational equipment Y T. Canoes Y U. Ranger residence Y V. Food service Y W. Kitchen Y X. Boats Y Y. Vehicles ATV's Z. Tractors Lawn mower Snow removal AA. Heavy equipment AB. Fuel storage Y 96 AC. Equipment storage-Y- AD. security_Y_;personnel-Y-equipment-Y- AE. Other 10. Comments : Summary needs of the DNERR, Education & Research Center: 22500 sq ft (Common space = halls - 2000; display-1000; sales 200; auditorium/ conf / classrms - 8000; restrms - 400; lobby - 1000; = 14600 sq ft + 9900 sq ft individual needs = offices - 5000; library - 800; ed lab - 900; bio lab - 600; chem lab-400; visitors lab - 200; storage - 2000). Note: These figures have been modified by an architect's scoping of the Center. Further modifications are expected during the detail design phase. (see figures 8 - 13 for alternative conceptual plans). 97 1 2 WILDING MATERIALS KEY Wells Root brick/stucto Wood/Asphalt SbOtsle Wood/Stucco Standing Seem Metalt FIGURE 8 Asphalt Shingle DNERR Education and Researcb Center Mternative Conceptua) Plan (Exterior) 2 Z z BUILDING MATERIALS KEY Block Wells Root I Brick/Stucco WODIJ/Asphall Shingle FIGURE 9 2 Wood/Stucco Standing Seam Metal/ Asphalt Shingle DNERR Education and Research Center Alternative Conceptual Plan (Exterior) FIGURE 10 DNERR Education and Research Center Alternative Conceptual Plan (Preliminary site) Moeckel Carbonell PRELMIINARY SITE DEPARnIENT OF Associates Inc. PLAN NATURAL RESOURCES 50'-W Delaware NalioOll Architects E s iu at in e Re j c if c h R c r -tv C Moeckel Carbonell Associates Inc. Architects two.. 4-1.1w -1 L PRELIMINARY FIRST FLOOR PLAN 1116' - 1'-0* FIGURE 11 DNERR Education and Research Center DEPARTMEN'r OF NATURAL RE'SOMWES Alternative Conceptual Plan D I (Preliminary first floor plan) E S I a i c R R e s c i v c Moeckel Carbonell Associates Inc. FIGURE 12 Ai-cliiteds DNERR Education and Research Center Alternative Conceptual Plan (Preliminary second floor Plan) I L L- I I W1,,6 Mtn agnif nsftly PRELIMINARY SECOND FLOOR PLAN AND ELEVATIONS V .17[ DEPA-RTMENT OF NATURAL RESOURCES sn- D e 1 4 w a f c N Io n E 8 t U a f I n C R Ch FIGURE 13 DNERR Education and Research Center Alternative Conceptual Plan (Alternative one story floor plan) arm -00 .0" "W SRO "W T 4va 0. am MOM" 4w ,ftg 'Ifti % k45 YJ J! The DNERR Center serves two key Department objectives: the need to replace the historic "Stone Tavern" with a modern efficient environmental field research and operations Laboratory; and the need to address the educational program required to develop an "environmental ethic" among all users of our fragile coastal ecosystems. The Department does not have a facility which will permit the public display of the many programs offered for coastal resource management. The Department's Fish and Wildlife scientists are operating out of a building in excess of 150 years old with 3 to 4 individuals assigned per room. In addition, a wet laboratory is necessary, particularly for fisheries scientists who operate out of a totally inadequate, poorly functional space in the Tavern. When hazardous chemicals are used, the entire building is at risk of contamination. There is no space available for educational or interpretative needs and demands of academic institutions , public groups and organizations. The development and operation of a Delaware Estuarine Reserve Education and Research Center provides a forum for collaboration of the State's efforts in Resource Protection, Environmental Education, Applied Research, and Historical and Cultural Preservation. Multi-departmental objectives will be accomplished. The federal NERRS financial and technical assistance will link Delaware's estuarine management efforts both regionally and nationally for the achievements that shared technology will bring. Conseguences of Not Funding The major concern if funding is not obtained is the means by which required scientific research and education can be effectively achieved. The current building is suspect in relation to building and safety standards. Existing staffing is already beyond available facilities (Staff Scientists are operating out of their homes and briefcases). The efficiency of DNREC's Fish and Wildlife scientific expertise will continue to be compromised at the expense of our diminishing natural resources. The lack of required matching funds will prevent the opportunity to maximize DNREC's natural resource management expertise and the need to meet the demands for information and solutions to coastal resource degradation that decision makers require. There is no other state-owned space available in the central state area. Due to the specific use of this facility for coastal education, research, offices, labs, and habitat access there is no lease/purchase or long-term lease arrangement available and cost effective. 104 major renovations and addition to the Stone Tavern are not feasible due to insufficient land, historic status of the building, and high renovation cost that would apply to any retro- fitting of an existing structure that this project would entail. Alternative locations outside the boundaries of the DNERR components would not be eligible for federal assistance. VISITORS BARN EXPANSION The John Dickinson Mansion's Visitors Barn is planned to be expanded to include an area that will be dedicated to the Reserve. The location of the Barn is within the St. Jones component and is ideal for receiving casual visitors. The State Bureau of Museums and Historic sites will present a historical and cultural use of the Reserve with an overview of the estuarine values that have been important to these uses. This will allow the focus of the Education and Research Center to receive visitors that have more than a casual interest in estuarine management and uses. 2. Costs Education and Research Center Architecture/Engineering ..................... $ 165,000 Construction ................................. 2,500,000 Contingency .................................. 100,000 Furniture .................................... 50,000 Telephone Equipment .......................... 10,000 Computers .................................... 50,000 Laboratory Equipment ......................... 115,000 TOTAL ........................................ $2,990,000 Visitors Barn Expansion Architecture/Engineering ..................... $ 9,000 Construction ................................. 100,000 Contingency .................................. 5,000 Furniture .................................... 2,000 Displays ...................................... 10,000 TOTAL ........................................ $ 126,000 105 3. Environmental Assessment and Engineering Report The Education and Research Center will be located as close to the tidal wetlands of the St. Jones River as practical (there will be no wetlands disturbance) - In order to achieve this desired location, the structure will be in or near the 100 year flood zone and near the effects of shoreline erosion. The facility will be designed to be located on upland that is currently cleared agricultural lands with a buffer zone that will protect the effects of the projected 100 year migration of the shoreline. The structure will be elevated above the projected flood elevation. The Center will be located within the historic Dickinson Plantation. A section 106 Pre-construction Historical and archaeological investigation will be performed. Any historic or pre-historic sites that may be disturbed by the construction of the Center will be mitigated. The Center site location is between two runway approaches of the Dover Air Force Base. The Air Installation Compatible Use Zone (AICUZ) study prepared by the Base indicates that the preferred Center locations are not within accident potential zones nor within intolerable noise level areas. Also to be noted that the development of the Center and the operation of the Reserve will not increase hazards to the aircrafts such as increased bird populations that could cause problems to jet engines. C. SCHEDULE FOR CAPITAL IMPROVEXENTS Years: YEAR 1 Education and Research Center Design & Engineering ......................... $ 165,000 YEAR Z I Education and Research Center Site Preparation & Construction .... oo.o ...... $1,500,000 Visitors Barn Design & Engineering ....... o............... 9,000 YEAR _3 Education and Research Center Construction, Furniture & Equipment ...o...... $1,325,000 Visitors Barn Site Preparation & Construction, Furniture & Displays- ............ ....... 117,000 106 D. MAINTENANCE Education and Research Center Annual Operating Costs Maintenance .................................. $ 22,200 Energy ....................................... 34,200 Roads & Grounds .............................. 5,000 Custodial .................................... 29,400 TOTAL ........................................ $ 90,800 VisitoLs Barn Expansion Annual operating Costs Maintenance ................................... $ 1,000 Energy ............................... 1,500 Roads & Grounds ...................... 500 Custodial .................................... 11000 TOTAL ........................................ $ 4,000 107 DNERR EDUCATION AND RESEARCH FACILITY Total/State/Federal SCHEDULE FOR CAPITAL IMPROVEMENTS Years: TOTAL STATE FEDERAL YEAR I Education and Research Center Design & Engineering ......................... $ 165,000 100,000 65,000 1992 Education and Research Center Site Preparation & Construction .............. $1,500,000 750,000 750,000 Visitors'Barn Design & Engineering ......................... $ 9,000 -0- 9,000 1993 Education and Research Center Construction, Furniture & Equipment .......... $1,325,000 706,000 619,000 Visitors Barn Site Preparation & Construction, Furniture & Displays ......................... $ 117,000 60,000 571000 TOTALS $3,116,000 1,616,000 1,500,000 State and Federal dollars subject to available funds. XVI. OTHER ALTERNATIVES CONSIDERED In addition to the preferred alternative, other alternatives are discussed, including no action, alternative sites, alternative boundaries, and alternative management strategies. A. NO ACTION ALTERNATIVE Under the no action alternative, the Delaware NERR designation would not be pursued. The St. Jones River and Blackbird Creek sites are still listed in the Delaware state-wide land protection program, however other funding and management approaches would have to be devised to protect the current values of these estuarine sites. B. ALTERNATIVE SITES several other sites were considered, however these were rejected in favor of the proposed DNERR St. Jones River and Blackbird Creek sites because of their representative ecological diversity of the Middle Atlantic region, compatible land uses in the buffer areas, and the willingness of the private landowners to participate in the development of the DNERR. C. ALTERNATIVE BOUNDARIES Alternative minimum boundaries, that encompase regional representative ecological units, for the proposed Reserve are considered, however the preferred boundaries encompass entire watershed units and thus are the most desirable. D. ALTERNATIVE MANAGEMENT STRATEGIES Alternative management plan options were considered, including establishing management of the Reserve within one of the Divisions of DNREC. The uniqueness of the proposed DNERR requires management responsibilities of the Divisions of Fish and Wildlife, Parks and Recreation, Soil and Water Conservation, and Water Resources within DNREC. Therefore it is logical for DNREC Department Management to be the lead agency that will coordinate with its Divisions, the Department of State"s Division of Historical and Cultural Affairs and the many other agences and organizations that will be involved with the operations of the Reserve. E. ALTERNATIVE FACILITY LOCATIONS The location of the Education and Research Center was another alternative. considered. The St. Jones River site is the preferred location due to its proximity to DNREC Headquarters and other support group offices and facilities. The limiting factors for the siting of the Center within the St. Jones component are the hazard and noise zones of the Dover Air Force Base and the availability of suitable uplands, both of which should be able to be agreed upon to the satisfaction of all concerned parties. 109 XVII. AFFECTED ENVIRONMENT LOWER ST. JONES RIVER A. ST. JONES COMPONENT PHYSICAL ENVIRONMENT 1. Climate Central Delaware has a climate with well-defined seasons The Atlantic Ocean, Delaware Bay, and Chesapeake Bay exert considerable modifying influence on the climate. Easterly winds off the Atlantic Ocean and Delaware Bay tend to raise the winter temperature and to lower the normal summer temperature. This temperate, rather humid climate is typical of most coastal areas of the Middle Atlantic States. The warmest period of the year is the last part of July, when the maximum afternoon temperature averages 89 degrees F. Temperatures of 90 degrees or higher occur on an average of 31 days a year. Extremes of 100 degrees or more can be expected I year in 4. The coldest period is the last part of January and the beginning of February, when the early morning temperature averages near 24 degrees. The average number of days when the minimum temperature is 32 degrees or lower is 90. Temperatures of 0 degrees or lower can be expected 1 year in 6. The annual precipitation averages 46 inches. The monthly distribution is fairly uniform during the year. The average seasonal snowfall (October through April) totals 16 inches,with snowfall ranging from only a trace to more than 45 inches. Drought may occur in any season, but a serious drought is most likely in summer. Thunderstorms average 30 days a year with three-fourth occurring between May and August. Tornadoes average only one a year throughout Delaware causing little damage. Hurricanes occur in Kent County about once a year, usually in the period August through October with minor damages. The prevailing winds are f rom west to northwest most of the year but are more southerly in the summer. The average annual windspeed is about 9 miles per hour, but winds of 50 miles per hour or more accompany severe thunderstorms, hurricanes, and general winter storms (northeasters). 2. Hydrology The Lower St. Jones River is tidally influenced, with a mean tidal amplitude at the river mouth of almost 5 feet. (U.S. Dept. of Commerce, 1989). Tidal amplitude is somewhat attenuated upstream in the area 'of Barkers Landing. River widths within the lower basin typically range from 125 to 200 feet, with channel depths of 5 to 15 feet at low tide. The expansive tidal wetlands of the lower St. Jones River basin were parallel-grid-ditched for saltmarsh mosquito control during the 1930's, and these ditches were last reexcavated in the 110 mid-1960's. This grid-ditching radically altered wetlands surface hydrology. While the grid-ditches eliminated some mosquito breeding, the basic engineering concepts of grid-ditching for pest control efficacy were not sound, and today much of the grid- ditched marsh in Delaware must be treated with aerial ly-applied insecticides and is scheduled for further treatment with newer, more environmentally-compatible techniques having high pest abatement efficacy (e.g. Open Marsh Water Management). Much of the standing water habitat associated with pools and pannes of the marsh surface was lost as a result of the parallel-grid- ditches (which were spaced about 150 feet apart). Today, even though the grid-ditches of the St. Jones River basin haven't been recleaned for 25 years, most of the marsh's aquatic habitat continues to.be drain-ad at low tide. Almost all tidal wetlands in Delaware have been parallel-grid-ditched, as has over 90% of the coastal wetlands from Maine to Virginia. The entire St. Jones River watershed drains an area of approximately 54,000 acres of east central Kent County. Fifty- one percent of this drainage basin is agricultural, 11 percent urban, and 38 percent classified as "other" (primarily forest/woodland). water quality within the Lower St. Jones River is subject to periodic degradation. Depressed dissolved oxygen levels are common to this section of the river during the summer months, possibly due to natural benthic demand or influx of naturally anoxic water from adjoining wetland areas (DNREC, 1988). Base nutrient levels (nitrogen and phosphorous) are considered to be low to moderate. After the advent in 1973 of the Kent County Regional Treatment Plant on the Murderkill River near Frederica, most all discharges of treated or partially treated sewage into the St. Jones River had ceased by the 1980's. However, PCB levels in fish flesh from the St. Jones River has prompted a human health advisory against fish consumption, in effect since 1988. Salinity levels throughout this section vary seasonally, with a typical range between 3 and 20 parts per thousand, dependent upon distance upstream from Delaware Bay and recent rainfall events. 3. Geology The St. Jones component is within the Coastal Plain Province approximately 45 miles south of the Appalachian Piedmont Fall Zone. The Piedmont-type rocks are covered by a thick wedge of unconsolidated and semiconsolidated sedimentary rocks. The oldest and most extensive of these sediments are at the base of the Potomac Formation and are about 120 million years old. It consists of color-banded clays with interbedded sands which eroded off the ancestral Appalachian Mountains. The Magothy Formation was deposited next with its very distinct white sands and black lignite suggesting a transitional environment from stream deposits to marine, much like that found in a delta. Layered on top of the Magothy are marine formations of Cretaceous through Eocene age with the Piney Point Formation being the youngest. Above this is an unconformity which represents a gap in the sedimentary record during which no, sediments have been preserved (Oligocene age) . Later, the sea again covered most of Delaware and deposited the Chesapeake Group (Miocene age) - This group consists of interbedded silts and sands and reaches a thickness of 400 feet at the St. Jones. Many of the sandy layers contain important supplies of water for municipal and industrial use in the Dover area. The repeated advance and retreat of continental glaciers during the past one to two million years (Pleistocene age) caused drastic changes in relative sea level and the configuration of streams draining from the glaciers. The resultant Columbia Group and Formation consists of channel deposits from meltwater runoff which supplies most of the sands and gravel for construction. Sand and gravel are the most important mineral resources in Delaware with the most potential source for Kent County being in and around the St. Jones component area. 4. Topography The St. Jones watershed is a plain, that slopes gently up- ward and westward from the Delaware Bay to the Chesapeake Bay watershed at a high of 72 feet creating a gradient of only 4 feet per mile over the length of the 15 mile watershed. At the reserve component the width of the watershed is only 2 miles with a maximum elevation of 20 feet causing only a slightly steeper gradual gradient. B. ST. JONES COMPONENT BIOLOGICAL ENVIRONMENT 1. Flora Much of the area adjacent to the river is vegetated by intertidal persistent emergent wetlands, typically extending 500 to 3500 feet from the river's edge. These wetlands are vegetated primarily by saltmarsh cordgrass, Spartina alterniflora, which is Zone I tidal wetlands as classified in An Atlas of Delaware's Wetlands and Estuarine Resources (Daiber et al, 1976). In the Lower St. Jones River watershed, over 90% of the tidal wetlands are Zone I habitat. Patches of Zone II wetlands, dominated by saltmeadow cordgrass (Spartina patens) and saltgrass (Distichlis spicata) which in combination form the salt hay community, are scattered throughout the higher elevations in Zone I. Big cordgrass, S. cynosuroides, and common reed, Phragmites australis, are found along creekside levees and in the backmarsh near the upland edge. Wetland areas upstream of Rt. 113 at Barkers Landing are vegetated primarily by mixed stands of .-S. alterniflora and S. cynosuroides. Wetland shrub species (groundselbush, Baccharis halimifolia, and marsh elder, Iva frutescens) also occur in tidal wetland areas of higher elevation. A limited amount of palustrine forested wetlands occur at the head of the numerous tidal creek tributaries to the St. Jones River. Wetland types in the Lower St. Jones River estuary, according to the classification scheme of the USFWSIS National Wetlands Inventory, are given in Fig. 14. Some upland agricultural areas are also included within the component. 112 pow POW Pa FIGURE 14 FaIA T Pow" Powr@ Wetlands classifications within the Lower St. Jones River DNERR Component, from the LZE P MML USFW's National Wetlands Inventory FOIE PFOkA EAW PF W PFOIA t L PFOIA PFMSAJZ@ PF, A L PFINAA PIM A EUMSP - Pa Fx FDJA IF ELZEM4@ 0 PFOIC PUAS& V 0 P f K AS E EA4 '@'-PEMSA EUMLX EZCASP PFOIA LIOWL E2.EWP V PFMA POW7x V f'OVF IA E.2EMSP PF4&A 0 4h 14 lAndi Elowt- "f*F E, EZEMSP Elo L/ EZf-M5P -WEMIP EL154L PF' P PSS d . OIA MSK 10 0 V GA DO CY - , ICL6 t2fm%F%@ 10 ...... EZEWFU EJOWLA PFOV4A fZF7LM PFOIA low V TV PEWA L - - -j I - 'k L UlLm ---------- .-P&WA EIOWL Pe --PFCIA ---1" ! UISv PFOjA sc F ffOIA POWFOI [?PAS h PPOIE- Fol 4 'Lr PEL45C @14A A P, PFOIA A4 FOIA PFOIA A POWW SN PE 2. Fauna The Lower St. Jones River site is the proposed focal component of Delaware's dual-component Research Reserve. Its location adjacent to the intensively-managed Ted Harvey Conservation Area gives the area a diversity and abundance of fish and wildlife as great as any area in the State. In addition, the possible extension of the Reserve boundaries to include an area of nearby Delaware Bay bottom will further complement the diversity of fauna at this component. Based upon surveys conducted on the adjacent State Wildlife Area, nearly 100 species of birds may be found on the Reserve site, including ducks, geese, wading birds, shorebirds, raptors, upland game birds, and song birds. Particular importance is attached to black duck, mallard, gadwall, bluewinged teal, wood duck, bobwhite quail, ringnecked pheasant, American woodcock, and mourning dove because of their importance as game birds and their occurrence as nesting species in the wetlands and upland fringe. Avian species such as the blacknecked stilt, black tern, American avocet, and black skimmer are relative newcomers to the area, and their occurrence is believed to be closely allied to the construction of impounded tidal wetlands on the Ted Harvey Conservation Area. Many incidental or infrequent visitors have also been observed, and provide an annual attraction for many .bird watchers from all over the eastern seaboard. Important raptors that have been seen on the site include osprey, peregrine falcon, Cooper's hawk, red-tailed hawk, rough-legged hawk, Northern harrier (marsh hawk), and great horned owl. In addition, at least 11 species of warblers and over 20 species of shorebirds frequent the site in varying numbers during migration periods. The critical nature of the Delaware Bay shoreline just east of the proposed component as foraging habitat for migratory shorebirds, especially during late May and early June when the horseshoe crabs are spawning on the beaches, has led to the designation of this shoreline as part of the Western Hemisphere Migratory Shorebird Reserve Network. All mammals common to Delaware can be found in the wetlands and forest fringes of the Lower St. Jones River. The white- tailed deer, cottontail rabbit, gray squirrel, raccoon, red fox, opossum, and woodchuck are abundant game animals, while muskrat, mink, and otter are the primary furbearers taken by trappers within the proposed Reserve and adjacent marshes. Hunting and trapping are intensively regulated on the adjacent State Wildlife Areas for public enjoyment, with such activities on the private lands within the proposed Reserve controlled by the property owners. Habitat management within the adjacent State Wildlife Areas has demonstrated successful techniques for maintaining high game populations consistent with an optimum annual harvest. Many reptiles and amphibians occur on the proposed component. Six species of turtles, several types of snakes, frogs and toads, and salamanders have been found, associated with habitats that range from uplands and forested wetlands to freshwater marshes and tidal ponds. Educational and research opportunities are good for this group of fauna. 114 The Lower St. Jones River and nearby Delaware Bay bottoms serve as nursery and feeding habitats for many estuarine fish and shellfish. Important commercial and sport fish include white perch, blueback herring, summer flounder, American shad, alewives, menhaden, catfishes, eels, mullet, weakfish, bluefish, and striped bass. Forage and mosquito-predacious fishes are abundant in the main river, tidal creeks and pools, including sticklebacks, sheepshead minnow, bay anchovy, mummichog, and silversides. Both the Lower St. Jones River and adjacent Delaware Bay bottom have historically supported extensive oyster beds which have been seriously depleted in recent years. The blue crab is currently important, both commercially and as a recreational source. There is an excellent opportunity to conduct research necessary to restore or maintain shellfish resources, both at and away from this component. @g. ST. JONES CULTURAL AND HISTORICAL RESOURCES The St. Jones DNERR component spans the interface between two environmental zones of importance in prehistoric settlement systems. Both the mid-drainage and coastal zones provided favorable settings for large and small settlements, and the diversity of floral and faunal species where these two zones come together provides a particularly rich resource base for hunting and gathering peoples. Sites in this area provide an opportunity to study human adaptation to a developing estuarine environment over more than 8,000 years. In the mid-drainage section of the study area, there is a medium probability of base camps and procurement sites from the Archaic Period (6500 B.C. to 3000 B.C.) and the Woodland II Period (A.D. 1000 to A.D. 1600). There is also a high probability for the entire range of Woodland I Period (3000 B.C. to A.D. 1000) sites. For the coastal segment, there is a medium probability of Archaic procurement sites and a high probability of Woodland I and Woodland II base camps and procurement sites. A total of 32 prehistoric archaeological sites in the upland areas fringing the marsh along the St. Jones River DNERR component have been reported in the Cultural Resource survey maintained by the Delaware Bureau of Archaeology and Historic Preservation. In 1978, the entire area was subjected to a reconnaissance level survey conducted by the Kent County Archaeological Society (KCAS), a chapter of the Archaeological Society of Delaware, under a survey and planning grant from the National Park Service. Professional supervision was provided by the Division of Historical and Cultural Affairs (HCA). The survey covered St. Jones Neck (on the north side of the St. Jones River) and the northern portion of Murderkill Neck (on the south side of the St. Jones River. Fieldwork for this survey included controlled surface collection by walking over cultivated fields in parallel transects about 10 meters apart. Each field containing artifacts was assigned a site number. Separate artifact concentrations in each field were defined as subareas and designated by letter. 115 As a result of this survey, significant archaeological sites on the north side of the St. Jones River were nominated to the National Register of Historic Places as part of a multiple resource nomination for St. Jones Neck. The boundaries of the St. Jones Neck Historic District have been defined to include historical archaeological sites and buildings which preserve elements of the 18th and 19th century architecture and settlement pattern (see figure 15). Architectural survey south of the St. Jones River has been completed at the reconnaissance level, but evaluation is not complete. In addition to these location/ identif icat ion surveys, the area around the Lower St. Jones River component has been included in studies which focused on the development and testing of models for prehistoric settlement. The first of these studies was conducted by the University of Delaware Center for Archaeological Research (Custer and Galasso 1983), and was designed to test non- quantitative settlement models for Delaware's Low Coastal Plain. Site data from this study were used to develop a quantitative predictive model for site location using LANDSAT-generated environmental data (Custer, Eveleigh, and Klemas 1983). This LANDSAT-generated model was then tested in a later study (Gelburd 1988). In the 1980's two studies were conducted that involved archaeological testing in the St. Jones DNERR component area. A survey of the proposed dualization of Rt. 113 between Little Heaven and Dover AFB was completed by the Delaware Department of Transportation (Cunningham 1980). Surface collections from five sites were reported and two sites were recommended for further testing. Site 7K-F-88 contained prehistoric and 17th century historic components, while site 7K-D-35 appeared to be an early Woodland I microband base camp with intact deposits below the surface. Further research was carried out by the University of Delaware Center for Archaeological Research at the Barker's Landing site (7K-D-13) in 1983. Testing and controlled surface collections revealed that the artifact assemblage came primarily from mixed plowzone/surface contexts. The types of ceramics recovered however were diagnostic of the early Woodland I period' and included Marcey Creek, Seldon Island, and Wolfe Neck wares as well as fragments of stone bowls made from steatite. These ceramics represent a time range from 2000-500 B.C. Concentrations of argillite were associated with adjacent fire- cracked rock concentrations. These features also contained steatite sherds, points and bifaces. The production of usable tool forms from argillite blanks was a major activity and may be related to the production of generalized fish processing tools (Custer 1984:10). The 'Barker's Landing site was located at the oligohaline boundary, or freshwater/saltwater interface, reconstructed for initial Woodland I times (Belknap and Kraft 1977, Custer 1989:223). The rich estuarine resources along the mid-drainage zone provided a highly predictable environment with a high potential for population growth. Consequently the Barker's Landing site became an important social center for the 116 ;rner Laffertys C 23, 347 LOWER 20stibs ST. JONES PITOL orner DARK 354 '53 Fr rr COVERAI A is 6 SNNW@00 .0 7@1 7108 355 MA R 356 ,1%4 AA -IS7 MR BA SE 352 ,a non OUSING 17 415 Kitts Hummoc Z9 362 363 W Rising Sun 0 Paw, 30 Z,9 s A 13AY 367@` 369 MAG L I A'@:: P. Aw F7 BOWERS at 358 Po P. 198 "vt 377 41 South 373 3 wd 106 V 43 375 1244, 1 3.6 OEL HAVE 11cl Isebb @3739 378 Little 1SLANC en V. JEHU REED Lexington Heav RELEI FIGURE 15 Historical and cultural characteristics of the Lower St. Jones River DNERR Component LOWER ST. JONES SITE E3 LOWER ST. JONES NECK HISTORIC DISTRICT A r% I A ^@& rr nr2i W Ar= 1 101 A Kin processing and redistribution of argillite in the early Woodland I exchange network. A review of site locations and existing collections from Murderkill Neck on the south side of the St. Jones was conducted by the Delaware Department of Natural Resources and Environmental Control (DNREC) in 1991 in order to provide a more complete evaluation of cultural resources from both sides of the St. Jones DNERR component. This review focused on the mapping and identification of prehistoric site collections from the 1978 KCAS study. Colonial period historic collections, often from the same locations as prehistoric sites, are currently undergoing analysis by Charles Fithian, Curator of Archaeology at the Island Field Archaeological Museum and Research Center. These historic period collections indicate intense occupation beginning in the last quarter of the 17th century. The majority of the sites are multi-component micro-band base camps. Base camps included ceramics and a variety of stone tools, while procurement camps were more limited in the variety of tools and included no ceramics. At least 20 base camps and 10 procurement sites are present in the study area, while 2 site locations were based on information from local collectors with no other information available. Sites 7K-D-12 and 7K-D-13 are contiguous and represent the only macro-band base camp within the St. Jones DNERR component. Artifact concentrations and features from this site complex were scattered over a half mile wide area. No other sites are as extensive. Based on the available surface collections, no sites produced any reliable projectiles diagnostic of the Archaic time period (6500-3000 B.C.). Site 7K-D-35 did produce an Eshback point which may be one of the earlier point styles found on St. Jones Neck. A total of 24 sites produced ceramics or projectiles points diagnostic of the Woodland I period (3000 B.C. to 1000 A.D.), while 21 sites produced artifacts diagnostic of the Woodland II period (1000 A.D. to 1600 A.D.). A total of 6 sites were undefined as to temporal period because of the limited size or absence of the collection. Because the Woodland I period spans so large a time period it is useful to separate this period by diagnostic changes that were occurring in the cultural complexes. These changes are most readily identified by differences in the methods of producing ceramics through time. The early Woodland I, or Barker's Landing complex (2000 to 500 B.C.) is identified with the use of steatite bowls or steatite tempered ceramics. Twelve sites included ceramics or stemmed points diagnostic of the early Woodland I period. This includes .7K-D-6, 7K-D-12, 7K-D-13, 7K-D-35, 7K-D- 42, 7K-D-45, 7K-D-47, 7K-D-48, 7K-D-52, 7K-F-13, 7K-F-81 and 7K- F-97. The Barker's Landing site (7K-D-13) was a large macro-band base camp located at the oligohaline boundary c.a. 2000 B.C.- The remaining sites appear to be micro-band base camps. The Wolfe Neck (500 B.C. to 0 A.D.) and Carey (0 A.D. to 500 A.D.) complexes appear to witness a slight contraction in the 118 i number of sites occupied. A total of six sites Produced Coulbourn, Wilgus or Nassawango types of ceramics attributed to the Wolfe Neck complex (7K-F-21, 7K-F-81, 7K-F-93, 7K-D-45, 7K-D- 47, and 7K-F-86). Eight sites produced Mockley ceramics characteristic of the early Carey complex (7K-F-13, 7K-F-88, 7K- F-93, 7K-F-96, 7K-F-84, 7K-F-86, 7K-D-45, and 7K-D-47). Macro- band base camps for these respective complexes were relocated two and three miles further upstream as the freshwater/ saltwater interface continued to move inland. The Late Carey (500 A.D. to 1000 A.D.) complex brought a resurgence in the number of sites occupied in the Coastal Zone. A total of eleven sites produced Hell Island ceramics associated with this complex. These sites are 7K-D-6, 7K-D-47, 7K-D-48, 7K- D-58, 7K-F-13, 7K-F-21, 7K-F-81, 7K-F-88, 7K-F-86, 7K-F-93, and 7K-F-96. No macro-band base camps have been found located anywhere on the St. Jones River for this time period, or for that matter, in Kent County. Custer (1989:295) has interpreted the change in settlement patterns for the Late Carey complex as one of groups choosing fission over the social investment and controls necessary for further political evolution. Many questions remain to be resolved as to the ties and relationships between these groups. In particular what were the critical factors that allowed expansion of social groups into the coastal zone again. The woodland II period (1000 A.D. to 1600 A.D.) continued the same pattern of population growth in the Coastal zone that had begun during the Late Carey complex. A total of 21 sites produced triangular projectile points or ceramics identified with this period of occupation. Of these sites, 16 included Townsend, Killens, or Minguanon ceramics; however twelve sites produced both the ceramics and diversity of tools associated with base camps. These were 7K-D-6, 7K-D-12, 7K-D-13, 7K-D-45, 7K-D-47, 7K-D-48, 7K-F-86, 7K-F-88, 7K-F-21, 7K-F-93, 7K-F-13 and 7K-F-96. A few small macroband base camps are located on the St. Jones River during the Woodland Il period, but most of the larger sites of this time span are located further south along the rivers of the coastal zone. Settlement changes for this period included the disappearance of previous lithic exchange systems, the development of sedentary, or village lifestyles, and the appearance of agricultural food production. While these studies have served to locate and identify a large number of prehistoric and historic archaeological sites, little has been done to study these sites in detail. None the- less, it is clear that the prehistoric sites along the St. Jones River provide an opportunity to study human adaptation to a developing estuarine setting over more than 8,000 years. Ecological information preserved in datable archaeological contexts in these sites can contribute to a greater understanding of manner in which the St. Jones estuary developed. The historic period sites include the earliest settlements in Kent County (e.g. Kingston-Upon-Hull, Town Point), and offer an opportunity to study the early period of European settlement away from population centers such as New Castle and Philadelphia. The John 119 Dickinson Plantation and Mansion, on the north side of the St. Jones River and east of Rt. 113, is within the boundaries of the proposed DNERR. The mansion, furnished with antiques, was the childhood home of John Dickinson (1732-1808), "Penman of the American Revolution." The outbuildings and landscaping are done to recreate the property as it was in the early 19th century, and as such the complex is a significant educational and tourist center. These sites also offer an opportunity to study the development of historic patterns of. estuarine exploitation. D. ST. JONES ZONING AND LAND USE All zoning and land use in the Lower St. Jones River component is Agricultural-Conservation, with exception of an adjacent parcel of 306 acres which is zoned Industrial-General, owned by a sand-and-gravel excavation business, west of Rt. 113 and on the river's north side. This one exception to the Agricultura 1-Conservat ion zoning is shown by cross-hatching in Fig. 16. A conditional use permit for operation of a borrow pit for sand-and-gravel excavation was granted by Kent County Levy Court in January, 1990, for the upland area of the 265-acre parcel adjacent to the eastern side of the Industrial -General property. Another borrow pit application for a property west of Rt. 113 but on the south side of the river was not approved by the County last January. All future requests for borrow pit operations in Kent County have been suspended from consideration until the County formulates and implements new regulations for the siting and operation of borrow pits. The two borror pit operations will be completely outside of the maximum boundaries identified for the St. Jones component. Only the Wetlands portions of the Industrial -General zoned parcels have been considered for inclusion in the Reserve. Two considerations that have been addressed for the Lower St. Jones River area are flight paths and noise levels of aircraft taking-off or landing at Dover Air Force Base. only a very small portion of the proposed DNERR component's buffer area is within the "Accident Potential Area" identified by the Base, and all of this area within the proposed component is west of Rt. 113. An upland area within the Reserve boundaries east of Rt. 113 is the most probable location for a visitors center and support facilities, and is not within a "High Noise Areall (greater than 75 db) as identified by the Base, although a portion of this location may be in a lower "Noise Level Area" (70-75 db). However, this identification as a lower "Noise Level Area" is not uncommon for much of the residential areas of Dover. The predominance of the Agricultural-Conservation zoning over several thousand acres of the proposed component, with the agricultural flavor that this imparts throughout the lower St. Jones River basin, in conjunction with consideration of air traffic patterns from Dover Air Force Base in terms of facilities sitings, should be conducive to and permit operation of a NERRS program in the Lower St. Jones River estuary. 120 FIGURE 16 EAST DOVER HUNDRED Land use and zoning witin the 306.5 Lower St. Jones River DNERR Component 144.0 264.7 - 95.4 12.0 2.5 1-.3- 100.0 23.0 13.0 -5.3 NORIII 40.0 8.4 M11HOERKII I- HUNDRED 177.2 363.0 100.0 249.8 233.5 -12.0 10.0-- 90.0 N 470.8 51.0 43.5 80.2 4.4 996.4 MAGNOLIA 1.2 4 River 76.9 543.3 366.4 75.0 SOUTH MURDERKIII 55.8 HUNDRED LOWER ST. JONES Scole Iri feet UPPE BLACKBIRD CREEK A. BLACKBIRD COMPONENT PHYSICAL ENVIRONMENT 1. Climate The Blackbird Creek component has a humid, continental climate that is modified by the Ocean and Bays. The component is only 20 miles north and along the Delaware Bay coast from the St. Jones component and experiences similar climatic conditions as that described for the St. Jones. 2. Hydrology Much of the upper Blackbird Creek is tidally influenced. The mean tidal amplitude at Taylors Bridge is almost 3 feet (U.S. Dept. of Commerce, 1989). The most landward reaches of this upper segment are non-tidal. Typical creek widths within the upper creek range from 150 to 200 feet in the tidal section, to only several feet wide in the non-tidal areas nearer the headwaters. Salinities range from 0 ppt (freshwater) in the headwater areas to as high as 7 ppt at the lower end of the Reserve at Taylors Bridge (salinities at the mouth of Blackbird Creek connecting to Delaware Bay may go as high as 10 ppt) . Water depths in Upper Blackbird Creek range from over 15 f eet deep in the center channel at high tide near Taylors Bridge, to less than two feet in the upstream center channel at low tide. The upper Blackbird Creek is often characterized by wide mudflats in the creek corridor at low tide. Emergent intertidal wetlands dominate the areas along the tidal section of the creek. Wetlands edges along the non-tidal section of Blackbird Creek are dominated by palustrine forested wetlands. The entire Blackbird Creek watershed has a drainage area of about 20,000 acres. Fifty-one percent of the basin is considered agriculture, 1% urban, and 48% "other" land uses (mainly forested). Basic water quality within the Blackbird Creek system is considered good. Bacteria levels are, however, sometimes considered excessive, apparently due to non-point sources (DNREC, 1988). Nitrogen and phosphorous are considered to be present at low to moderate levels. The Upper Blackbird Creek is a relatively undisturbed section of a large, tidal wetlands system fringed by oak-beech- maple forest and open farmland. Waters of the proposed Reserve vary in salinity from 0 ppt at the inland extreme to 7 ppt at the seaward end at high tide during low rainfall periods. 3. Geology The Blackbird component is within the Coastal Plain Province approximately 25 miles south of the Appalachian Piedmont fall Zone and displays essentially the same geological characteristics as that described previously for the St. Jones. 122 4. Topography The Upper Blackbird Creek watershed slopes gently upward and westward from the Delaware Bay to the Chesapeake Bay watershed at a high of 82 feet creating a gradient of 16 feet per mile over the length of the 5 mile watershed. At the reserve component the elevation varies from 0 to as much as 57 feet in as little as a quarter mile with gently rolling slopes for approximately 2 miles to the extent of the watershed. BLACKBIRD COMPONENT BIOLOGICAL ENVIRONMENT 1. Flora The wetlands vegetation of the Upper Blackbird Creek estuary is characterized by two major zones as classified in An Atlas of Delaware's Wetlands and Estuarine Resources (Daiber et al. 1976). Zone I covers the easternmost seaward quarter of the component. This zone, known as the saltmarsh cordgrass marsh, is dominated by saltmarsh cordgrass (Spartina alterniflora). This stout, erect grass occurs as a tall-form near the water's edge, with a smaller dwarf-form behind it extending to the level of mean high water. Some fringes of this zone have common reed (Phracrmites australis). other associated species found at slightly higher elevations are saltmeadow cordgrass (Spartina patens) , big cordgrass (Spartina cynoguroides), salt grass (Distichlis spicata), salt wort (Salicornia spp.), high tide bush (Iva frutescens), and groundsel bush (Baccharis halimifolia). Most of the lower Blackbird Creek estuary has been overrun by phragmites, forming a dense, monotypic cover over vast expanses of wetlands. This incursion has also occurred upstream into some of the more seaward portions of the proposed Reserve component. The upper landward 3/4 of the component is characterized by the highly diverse Zone V transition marsh. No single species dominates this transition zone; it is a varied mixture of species grading from the cordgrass marsh to a freshwater marsh. Species found in this zone are saltmarsh cordgrass, big cordgrass, common reed, marsh mallow (Hibiscus 12alustris), three-squares (Scirpus spp.), cattails, ( = ha spp.), wild rice (Zizania aquatica), arrow-arum (Peltandra virginica), pickerel weed (Pontederia cordata), and salt-marsh water hemp (Acnida cannabina). This area often has extensive mudflat habitats exposed within the creek corridor at low tide. The upland fringe included in the component is a mixture of shrub and tree species. Typical of this area are white oak (Ouercus alba), southern red oak (Quercus falcata), post oak (Ouercus stellata), loblolly pine (Pinus taeda), red maple (Acer rubrum '), sweet gum (Liquidambar styraciflua), American holly (Ilex ORaca), black cherry (Prunus serotina), sassafras (Sassafras albidum), flowering dogwood (Cornus florida), tulip poplar (Liriodendron tulinifera), arrowwood (Viburnum spp.), and 123 blackberry (R_ubus spp.). The wetlands types of the Upper Blackbird Creek according to the USFWS's classification scheme (National Wetlands Inventory) are given in Fig. 17. While not part of the proposed Reserve, the non-estuarine wetlands west of Rt. 13, further upstream of the Reserve, are interesting habitats for study, particularly in terms of their unique biotic assemblages and their unknown interactions with downstream, estuarine areas. Much of this non-tidal palustrine wetlands habitat is found in Blackbird State Forest and in other forested areas south of Townsend, all within about 5 miles from the center of the proposed Reserve. While most of the wetlands of this area are dominated by maple-gum associations, there are dozens of Delmarva Bays scattered throughout this region. These topographic swales or depressions, none larger than a few acres, are wetlands unique in terms of their geology, hydrology, and biota. 2. Fauna Its isolation from human disturbance, diverse freshwater food plants, and abundant aquatic invertebrate populations make it an attractive waterfowl breeding area. Black duck, mallard and wood duck are among the most common nesting species. During the spring and fall migration period-s, extensive use is made of the area by most waterfowl in the mid-Atlantic region, including Canada geese, greenwinged teal, bluewinged teal, gadwall, pintail, wigeon and shoveler. Because of the habitat's particular importance to black duck, its protection from further degradation will help to maintain a species of special concern. Wading birds, shorebirds, and raptors also frequent the area for breeding, migration, feeding and resting. The most common species include great blue heron, great egret, snowy egret, glossy ibis, yellowlegs, sandpipers, kestrels, marsh hawk, osprey and bald eagle. During a site selection field trip in April, 1990 to the Upper Blackbird Creek, a pair of bald eagles was seen perched in a tall tree on an island in the middle of the proposed Reserve. Because of the inland location from the open tide marsh, use by most wading birds and shorebirds may be limited, but the extent of use of the broad mudflats at low tide is unknown at present. The area is probably of high importance to raptors because of its remote location and abundant prey populations. Numerous species of passerine birds also utilize both the wetlands and surrounding forest for food, cover and nesting. 124 @ @ M M M M M M M M M M M M M M M JW@ N 41 HJB4@ j PFOIA ElUE140, PFOIA P 01 @4Lh +ieldsho'ro PEMbc PEPAe P. k -E2 A PI-01 ic ZIUD4Lh PFOIA PFO PfZOIC @fEMSC StuMps, POY F: Pk"5C 65 1 C%rners E !i EIU94Lh OIA ps "PFOIA 10 2- POWF PFOIC FI; POWF@. LF V,1 'IFFOiA' 'E;M 4W .0 PPOIC --fprolc P E ",-Oc Ej 4L C.. %-PEM5C -bmNjaylor@ lfridgv E C I-ees Ch L-, PFOIA 14 PFOIA PFO PF C F" tZEMIP call IL ..... . POW:. 12 P361E POWI:x EZEMIP UE IP POWF@ lb EZEL 'a EzEmSW6 E2EMIP PFOIE *"F Si '). IJ C P @y P POWF PFOIA PFOJ POWFk IC r1ol EIU04L. PFONFE, PF 'k U PrOIA 804' PF04e POWF Sm --' -PFOIA /60 Pf I. ads 49w@ E N6@ PFOic NS PF-01A JEL @FJO PFOI PSI EZEMS PEQ1-A S 'S4,. S Oic EMS 'E bird EZ 3.- 5N6 PQVIE@ PFOI PPOIA P L FOI PFOIC PFOIC PFOIA tj NJ PF"@ 2E L-2 6 JC. POWF1 PE@5C PVOiA kl-- P F 1@ -' PVOIA Hm POWr- P r -01A EZEMbN6 PVOIA 2 L IZZ4 I PS51E IP-FOIA EM5N& -p PFOIA PFOIA 9- It P E L) Pr WIP, pFOIR PFOJA P Proa C 0--PEMSC-- S pow O.R P Obhi@ P&O PFOI-, P MR PFOIA H P IR FIGURE 17 PFO Wetlands classification within the OIC Upper Blackbird creek DNERR Component, from the USFWS's National Wetlands Inventory L 1. Almost all mammals common in Delaware are found in the wetlands and wooded fringe of this component. The forests support deer, fox, raccoon, skunk, opossum, rabbit and squirrel, while large numbers of muskrat occur in the brackish and freshwater wetlands, together with beaver and river otter in lesser numbers. Trapping of furbearers, and waterfowl and deer hunting, are popular activities that annually remove a harvestable surplus. An excellent opportunity to view and photograph wildlife is afforded by a canoe trip down this very beautiful waterway. The Blackbird Creek estuary provides important nursery and feeding habitat for several species of fish including white and channel catfish, weakfish, hogchoker, white perch, black drum, bay anchovy, menhaden, spot and eels, together with a diversity of benthic organisms including blue crabs. Sport fishing is also a popular activity at this component for species such as white perch, carp, yellow perch, and catfish. In the more landward recesses of the Reserve, where the waters are essentially fresh, the following fish species are frequently encountered: American eel, eastern mudminnow, redfin pickerel, golden and spottail shiners, creek chubsucker, pirate perch, brown bullhead, white and channel catfishes, yellow perch, white perch, pumpkinseed and bluegill sunfishes, and tesselated darter. These fish populations and waterfowl both make use of numerous aquatic insects found here, including members of the families Corixidae, Notonectidae, Dyticidae, Gyrinidae, Gerridae, and Chironomidae. Numerous snakes, turtles, frogs and toads, and salamanders are resident of the component, utilizing both aquatic and terrestrial environments. The Upper Blackbird Creek component represents a tidal brackish and freshwater habitat differing in estuarine plant and animal communities from the Lower St. Jones River component. As such, it offers .unique and specialized opportunities for research, education, recreation and management. Its inclusion in the Delaware NERR System ensures representation of a broad group of estuarine habitats ranging from fresh to saline. C. BLACKBIRD PREHISTORIC AND HISTORIC RESOURCES The Upper Blackbird Creek DNERR component spans the interface between two environmental zones of importance in prehistoric settlement systems. Both the mid-drainage and coastal zones provided favorable settings for large and small settlements, and the diversity of floral and faunal species where these two zones come together provides a particularly rich resource base for hunting and gathering peoples. Sites in this area provide an opportunity to study human adaptation to a developing estuarine environment over more than 8,000 years. In the mid-drainage section of the study area, there is a medium probability of base camps and procurement sites from the Archaic Period (6500 B.C. to 3000 B.C.) and the Woodland II Period (A.D. 1000 to A.D. 1600). 126 There is also a high probability for the entire range of Woodland I Period (3000 B.C. to A.D. 1000) sites. For the coastal segment, there is a medium probability of Archaic procurement sites and a medium to high probability of Woodland I and Woodland II base camps and procurement sites. A total of 73 prehistoric archaeological sites in the upland areas adjoining the Upper Blackbird Creek DNERR component have been reported in the Cultural Resource Survey maintained by the Delaware Bureau* of Archaeology and Historic Preservation. The western half of this upland area (Fig. 18) has been subjected to reconnaissance level survey for archaeological sites by the University of Delaware Center for Archaeological Research (UDCAR) as part of a planning study conducted for the Delaware Department of Transportation (DelDOT) (Custer and Bachman 1986). The eastern half of the upland area was surveyed by the Delaware Department of Natural Resources and Environmental Control (DNREC) in order to provide a more complete cultural resources inventory for the Upper Blackbird Creek DNERR component. Fieldwork methods for both surveys relied extensively on surface survey techniques, although there are certain differences which must be kept in mind in comparing the results of the two surveys. In the UDCAR survey, the surface survey techniques were more controlled, and designed to determine the extent of sites as well as their presence. Furthermore, subsurface testing was used in areas where surface visibility was limited. This means that the site inventory is probably somewhat more complete for the western half of the study area. On the other hand, there were very f ew areas in the eastern part of the study area which would require subsurface testing to identify sites. Although the boundary between the UDCAR survey and the DNREC was arbitrarily defined by the requirements of the DelDOT planning study, it also coincides with a change in topography. From west to east, the character of the stream valley changes from a narrow floodplain with steep boundaries to a broad marsh with more gradual upland edges beginning at the confluence of Blackbird Creek with Beaver Branch. East of the boundary, there are few landforms, which extend above the 50 ft. contour interval, while to the west topographic highs above 50 ft. are common. Bay/basin features are more common west of the boundary between the two studies. These differences are reflected in differences in the frequency and character of sites in the two survey areas. six of the nine base camps in the UDCAR survey are found on landforms above the 50 foot contour interval and are adjacent to bay/basin features. East of the confluence with Beaver Branch there are few landforms above 50 feet and all six of the base camps in the DNREC survey are situated on ridges between the 10 and 30 foot contours bordering the floodplain. 127 FIGURE IS Historical and Cultural characteristics of the Upper Blackbird Creek DNERR Component 7-, - 9 APPOCUINUNK NILDL.IFT UPPER ,.Orr .;R&k VER 4ILL BLACKBIRD ;ARM e. -7: Ing S_ 'Oxon Sturnoi 7.: er Y.nSLAND 12 GMT RANGE ;me 7ree Ccmers 7 aytcrs.aridge@- .7@ . ....... U9 In er Comer oba UNION WETHOOIST 466 Long 491" Bridge 411 45 Im 491i) 461 -armdersvifle 51 170 495 43 F-aides Nest z 13 UPPER BLACKBIRD SITE 13 ADJACENT UPLANDS DOT SURVEY AREA In their analysis of the DeIDOT study, Custer and Bachman (1986:130, 146) identified an extensive pattern of prehistoric use of bay/basin features as food provisioning and procurement sites. These closed hydrologic features were found to be especially prevalent on broad nearly level ridges from Blackbird Landing west to the headwaters of Blackbird Creek. Nearly 90 percent of the surveyed bay/basin features in the Blackbird segment of the UDCAR survey were associated with prehistoric materials and virtually all of them were exploited during the Woodland I time period (Custer and Bachman 1986:48,136). The UDCAR survey identified 59 of the 73 sites identified within the DNERR study area. Fifty of these sites were small procurement stations containing a few flakes or broken and discarded tools. Nine sites were identified as base camps, which are found in settings where food resources are highly predictable during certain parts of the year. These sites are generally larger in size and in the concentration and diversity of artifacts than procurement sites. Base camps were further differentiated on the basis of size and the available resource acquisition area into micro-band and macro-band base camps when possible. one of these base camps was occupied during the Archaic Period, from about 6500 to 3000 B. C., as indicated by the presence of bifurcate projectile points. Woodland I sites are identified by the presence of a variety of stemmed projectile point styles. Sites occupied during the latest of the prehistoric temporal periods, the Woodland II Period, are identified by the presence of triangular points. Ceramic styles are often more sensitive to patterns of temporal change, but none were found during the survey and they seem to be relatively rare for Upper Blackbird Creek as a whole (Custer and Bachman 1986:Table 2, Plate 6). Three base camps identified in the UDCAR survey had both Woodland I and II components, three base camps produced diagnostic Woodland I types of artifacts, and two base camps produced no diagnostic artifacts. In the DNREC survey, one site was identified as a Woodland II base camp, and four other base camps could be assigned to the Woodland I Period. A sixth base camp could not be clearly assigned to any prehistoric period, but was probably occupied at least during the Woodland I Period. of the 56 procurement sites identified in the project area, only 5 produced diagnostic artifacts (Custer and Bachman 1986, App VII): one was multi-component, one was from the Woodland II period, and three were from the Woodland I period. In summary, the Blackbird Creek uplands and stream courses were intensively exploited by Woodland I hunting and gathering groups in the period from 3000 B.C. to A.D. 1000. The large number of bay/basin features in proximity to the interface between mid-drainage and coastal settings favored the establishment of sites of large size and permanence at the convergence of these zones. Changes in settlement patterns by Woodland II (A.D. 1000 to A.D. 1650) times focused food acquisition strategies primarily on the estuarine resources in 129 the floodplain rather than the uplands (Custer and Bachman 1986:128, 1441 150). Both the number of sites and the size of sites decreases during the Woodland II period in the High Coastal Plain physiographic province, of which Blackbird Creek is a part. Nothing is known about the Contact Period in the Upper Blackbird area. This period spans the time from the first contact of Native Americans on the Delmarva Peninsula with Europeans (about 1600) to their disappearance as recognizable tribal groups in the first half of the 18th century. This area has been identified as a focus of European settlement in the 17th century, although no sites from this time period have been identified in archaeological collections. The earliest historic period settlement in the study area is represented by the Huguenot House, which is listed on the National Register of Historic Places. This house was built early in the first quarter of the 18th century, and was expanded by the second generation of owners. It is significant as an example of the prosperous farmer's residence of pre-revolutionary Delaware. The house and much of its surrounding acreage was purchased in early 1990 by Holger H. Harvey, who was instrumental in the State's acquisition (with State funds) for the DNERR program of a key parcel of wetlands having an associated upland buffer/access strip, both of which were partitioned from the tract previously forming the Huguenot House property bought by Mr. Harvey. The remaining standing structures in the area adjacent to the Upper Blackbird Creek component are agricultural complexes dating primarily to the 19th century. Reconnaissance level survey for this area is complete, although it is possible that some structures dating after 1860 were not recorded. D. BLACKBIRD ZONING AND LAND USE All of the properties within the proposed Upper Blackbird creek component and the surrounding properties are within a county agricultural district, and the zonings are either for farming or single family residential use (Fig. 19). None of the present uses appear to be detrimental or adverse to the proposed operation of a DNERR component. Land use codes on Fig. 16 range from vacant lots to campgrounds to cropland as follows: 000 - Vacant Land 001 - Associated Parcel, Vacant or with Auxiliary Improvement oil - one Family Platted 015 - one Family Unplatted 134 - Campgrounds 901 - Crop 902 - Forest/Woodland 903 - Other The Upper Blackbird Creek area is only about 26 miles from downtown Wilmington. This area, like much of southern New Castle County below the Chesapeake and Delaware Canal, is either 130 FIGURE 19 Land use and zoning within the Upper Blackbird Creek DNERR Component %P 117 C 0. 49 .................. I... .. ....... UPPER BLACKBIRD OW - VAW IMM 001 - ASSOMWO PMCD, %fXW OR WM AUXILIM MWOMMMI Oil - OHE FAMY PLATIEO 015 - ONE VAY&Y UNPLATIEO 134 - CMAPGROUNOS 901 - CROP Co. 902 - fUtM/AVOOMAND 465 90 - 0M undergoing rapid residential development or is on the verge of doing such. With the completion of the "Rt. 13 Relief Route," which will be built over the next several years, the rate of development of southern New Castle County will accelerate even faster, with the area serving essentially as a "bedroom community" for urban workers commuting to Wilmington, Newark or other urban centers. The DNERR can help to guide and lessen the environmental impacts of this inevitable development for lands around the Blackbird Creek watershed. The planned route of the Rt. 13 Relief Route will affect the most landward portion of the Upper Blackbird Creek DNERR component. The Relief Route where it crosses Upper Blackbird Creek will do so at a location about 1000 feet to the east of the present location of Rt. 13. Since the upper end of the proposed Reserve is at Rt. 13, the Relief Route will be placed 1000 feet inside the proposed boundaries of the Reserve. Discussions with the Delaware Department of Transportation (Division of Highways) indicate that most of the evironmental impacts will occur during construction, and all steps will be taken to minimize detrimental impacts. The engineering design of the Relief Route where it passes over the upper Blackbird Creek corridor will be done in such a manner that minimum permanent loss of wetlands occurs. Essentially, when the Relief Route is completed, the environmental ambiance now associated with Rt. 13 will have moved about 1000 feet to the east. In a proposed Reserve river corridor of 5.7 miles, about 3.3% of the corridor would have been encroached, but the type of upstream habitat altered by the new route is still well represented throughout a ouple of miles downstream from the project. In order to provide a positive benefit to the Upper Blackbird Creek DNERR component, the Delaware Division of Highways was receptive to the idea of creating a canoe access site for the Reserve in conjunction with the Relief Route. This might be done at the uppermost end of the proposed Reserve, on the east side of the present location of Rt. 13. This would greatly help provide an appropriate type of water access to upper Blackbird Creek. Water access throughout the proposed Reserve is limited, so it will also be necessary to explore creation of an access point for motorized small boats, perhaps at Blackbird Landing, Taylors Bridge or another location. The Division of Highways might also be of assistance with this effort. 132 XVIII. ENVIRONMENTAL CONSEQUENCES OF THE PROPOSED DNERR A. GENERAL Establishment of the proposed Delaware National Estuarine Research Reserve will have a net positive impact on both the natural environment and the human environment. Negative impacts of the construction of the Estuarine Education and Research Center and associated public access facilities will be minimized by proper and informed site selection and construction details under the highest regard for the natural environment. The primary impact on the natural environment will be long- term protection of the natural resources of the Reserve, such as the natural biota and their habitats. This is an obvious positive impact. Impacts of the education and research programs will be positive because they will supply information which will lead to better management of estuarine resources. Impacts on water quality will be positive in the buffered core areas and positive to negligible in other areas. Impacts on the human environment include mostly positive impacts. Scientific and educational benefits will be positive. Traditional uses of the Reserve's land and water areas will not be hampered, and may be enhanced. Effects on employment will be negligible. Minor negative fiscal impacts may occur due to decreased tax revenues. Infrastructure impacts will be minor. Aesthetic impacts will be positive. Cultural resources are protected by the management plan with most impacts being positive with some construction impacts being mitigated. B. SPECIFIC IMPACTS 1. Construction The construction of the Education and Research Center along the St. Jones River will take place on a small area of existing cleared upland with the most sensitivity to the adjacent wetlands and woodland fringe. The location of the Center is between two airforce approach runways, however not within accident potential zones or high noise areas. Other construction (such as construction of boardwalks, trails, docks, observation decks, or parking lots) may take place over a broader area of the Reserve, but will be minor. and unobtrusive and will cause minimal disturbance. overall impacts from construction will be negligible. Necessary permits and agency approvals will be obtained with the intent to. demonstrate the best methods to reduce potential negative impacts. 133 2. Visitor Use Visitor use is expected to increase due to the formation of the Reserve. The proposed action will result in more visitors for education and to a lesser degree research and allowed traditional uses. Designation may decrease the number of illegal activities in the two components. The John Dickinson Mansion and visitors barn planned expansion for DNERR is expected to receive the walk-in visitors. The visitors barn is on a controlled ten acre site operated by the State Bureau of Museums and Historic Sites. The anticipated visitors to the Reserve due to the newly formed Education and Research Programs will not cause significant negative impacts an the natural environment because: 1) these visitors will be directed away from sensitive areas of the Reserve; 2) groups of visitors will be well supervised; and 3) these visitors will be oriented to the fragility of the Reserve's resources before use. The designation of the Reserve should not affect the number of visitors for traditional legal activities, such as hunting and fishing. Designation may have a positive impact by decreasing poaching, littering, vandalism, driving of off-road vehicles, and other harmful activities in the Reserve. These activities may decrease due to: 1) education of the local communities about the fragility of estuarine systems and the purpose of the Reserve; and 2) the presence of staff, researchers, and education visitors on the sites. Public access policies will be developed, implemented and enforced. These restricted access policies will serve to control visitor use. Any environmental effects of visitors to the Reserve will be carefully monitored. The carrying capacity for visitor use at each component will be determined. Exceeding the carrying capacity could have significant negative impacts on the natural and human environment of a site. Visitor use will be monitored and access policies will be enforced so that the carrying capacity will not be exceeded. Only visitor use which has minimal effects on the environment will be permitted. 3. Impacts on the Natural Environment a. Wetlands# Uplands and Open Water/Habitat Establishment of the proposed DNERR would ensure long-term protection of the wetland, open water, and upland areas which are the productive habitats of diverse flora and fauna populations. This will have significant positive impacts on these habitats. Education and research programs will have a net positive effect on habitats. The programs will be managed so as to cause minimal disturbance to the environment. They will increase knowledge and understanding of estuarine systems leading to improved care and management of these valuable habitats. 134 As previously detailed, construction and visitor use will have negligible effects. b. Biota The long-term protection of habitats ensured by designation of the proposed DNERR will serve to benefit the natural biota. Monitoring of rare and endangered species may lead to State or national protection measures which will benefit these species. Government regulations and owner policies dealing with the harvesting of natural resources (e.g. hunting, fishing, and zoning regulations) will not be changed by designation. Overall the impact on the biota will be positive. c. water Quality Impacts on water quality will be positive in some areas and negligible in others. Protection of the wetlands in the Reserve ensures the continued buffering action of wetlands. Protected wetlands will help to maintain or improve water quality by decreasing sediment, nutrient and chemical loads in open water areas. Updating and improving conservation plans, including Best Management Practices (BMP's) for non-point sources of pollution, on buffer areas will also improve water quality. The plans for an on site waste disposal system for the DNERR Education and Research Center will be carefully reviewed to ensure that the effects of the system on water quality are negligible. Water quality monitoring will be a major part of the research and monitoring programs of the Reserve. This monitoring may lead to better management practices in the future which should continue to improve water quality. S. Impacts on the Human Environment a. Scientific and Educational Designation of the Reserve will make a valuable resource, protected field laboratories, available on a long-term basis to local public and private research organizations and institutions. Education programs will benefit the State and region by providing opportunities for groups and individual citizens to increase their awareness, understanding of estuarine systems and participation in the protection of them. Sound, informed coastal management decisions resulting from dissemination of research results to coastal managers and users will benefit the local community, the State, the region, and the nation. b. Traditional Uses The establishment of the proposed estuarine Reserve will not restrict traditional uses of the environment and it may enhance these uses. For example , improved water quality resulting from protection of the Reserve may enhance fishing activities. 135 Designation will also provide long-term assurance that natural resources and benefits of the area will be available for future use and enjoyment. c. Employment No jobs will be eliminated by the designation of the Reserve. A few permanent full or part-time jobs may be created, such as the estuarine educator, realty specialist, aquatic educator, and other on-site staff. Temporary employment will be provided during the construction of the DNERR Center and other facilities. overall effects on employment of the local community are negligible. d. Public Participation Designation of the Reserve creates excellent opportunities for local citizens to become aware of and involved in decisions and programs affecting the Delaware Bay and other estuaries of the Mid-Atlantic region. Volunteers, students, and advisory committee members gain greater understanding of estuarine systems, the problems facing them, and policies and programs designed to help them. In return, they provide valuable new ideas and solutions and provide the time and energy to implement some of them. The Reserve programs will provide citizens with the opportunity to gain tremendous satisfaction and gratification by contributing individual knowledge and talents to the collective effort of understanding and protecting our precious estuaries. e. Fiscal The existence of a National Estuarine Research Reserve in a community could have positive impacts on the value of lands abutting the sites. As the amenities of the estuary are preserved, the adjacent properties may become more desirable and valuable. The designation of DNERR may cause some tax revenue losses as properties are bought and conservation easements are placed on privately owned lands. f. infrastructure: Public Roads and Parking Areas, Potable Water Supplies, Sever Systems, and Energy Supplies The construction of a public access road, parking lots, water well, on-site sewer system, electric and telephone lines will need to be provided to the Education and Research Center. Although the Center will be only six miles from the urban center of the State Capitol,. its proposed site is nearly one mile from the nearest public road'I telephone and electric services. All .infrastructure listed above is proposed to take place on currently cleared upland areas which will cause the minimum negative impacts to the surrounding environment. 136 g. Aesthetic Designation of the Reserve will protect the existing natural beauty of the lower St. Jones River and the upper Blackbird Creek, and will make this beauty more available to the surrounding communities through public access. The St. Jones River, from the Bay through the City of Dover, has been nominated as a State model greenway. Reserve interpretation and education programs will enhance the public's awareness and appreciation of the aesthetic as well as the practical values of estuaries. Many education activities will use a multisensory approach, helping people to gain familiarity with and enjoy the resources of the estuary through seeing, hearing, smelling and feeling. Passive enjoyment activities, such as watching and listening to birds or sketching estuarine scenes, will be encouraged. Designation will have a significant positive impact on aesthetics. h. Cultural Resources Cultural resources such as historical and archaeological sites and artifacts will be protected and enhanced. These resources will also be made more available to the public through education programs. Designation of. the Reserve will have a significant positive impact on cultural resources. i. Public Access Public access for educational, observational and other passive activities will be promoted through the construction of the DNERR Center, trails, boardwalks, and observation points and the provision of boats for education and research programs. However, access to the Reserve will be monitored and controlled and access policies will be implemented and enforced. Designation will have a positive effect on public access. c. Irreversible or Irretrievable Commitment of Resources No resources will be irreversibly or irretrievably lost. On the contrary, designation of the proposed DNERR will provide long-term protection of their natural and cultural resources. D. Possible conflicts Between the Proposed Action and the objectives of Federal, State, Regional and Local Land Use Plans, Policies, and Controls for the Area Concerned. The establishment of the proposed DNERR will not be in conflict with the objectives of federal, state, regional, or @ocal land use plans, policies, and controls. The proposed action is consistent with all relevant regulations. The Reserve will cooperate with all federal, state, and local agencies whose jurisdictions affect the proposed DNERR sites and comply with their regulations. All necessary permits and agency approval will be obtained for Reserve construction and other activities. The proposed Reserve is crossed by flight tracks of the Dover Air 137 Force Base. However, the development of the Center and operations of the Reserve is consistent with the Base's Air Installation Compatible Use Zone study especially concerning accident potential zones and noise level areas. The Reserve's intent is to preserve the habitats, not increase attractions for birds that could cause problems with aircraft engines, therefore consistent with the policies of the Department of the Air Force. Local Activities Which May Effect Sites The U.S. Route 13 relief route has the largest potential for effecting areas immediately adjacent to the Reserve boundaries. There are 3 primary activities associated with the relief route that will need to be monitored closely: 1) The construction of the highway adjacent to the upper reaches of the Blackbird Creek component; 2) The existing and potential sand and gravel borrow pit operations adjacent to the upper reaches of the St. Jones River component; and 3) The potential commercial and residential development that accesses to the controlled highway planned near the proposed Reserve's components could have on the DNERR programs. The defined boundary alternatives considered these potential conflicts, therefore boundaries are located and include buffer areas adequate to preserve the integrity of the key land and waters for their long term research and education values. The DNERR management plan clearly emphasizes coordination and cooperation with existing local, state, regional, and federal estuarine programs and with local and state education systems. 138 XIX. ACKNOWLEDGEMENTS A. DNERR WORKING COMMITTEE David S. Hugg III Office of the Secretary, DNREC Lee Emmons Office of the Secretary, DNREC William Meredith Division of Fish and Wildlife, DNREC James O'Neill Division of Parks and Recreation, DNREC Joan Brown Division of Parks and Recreation, DNREC Ron Vickers Division of Parks and Recreation, DNREC Cara Blume Division of Parks and Recreation, DNREC David Saveikis Division of Water Resources, DNREC Tony Pratt Division of Soil and Water Cons., DNREC Shirley Bowden Delaware Assosiation of Cons. Districts Daniel Griffith Delaware Div-of Hist. and Cult. Affairs Cheryl Graham NOAA/SRD/NERRS B. SUPPORT SERVICES Deborah Bell Division of Parks and Recreation, DNREC Aren Wright Division of Parks and Recreation, DNREC Georgia Vaughan Division of Parks and Recreation, DNREC Maryellen Brown Management and Operations, DNREC Ella Hand Division of Fish and Wildlife, DNREC Field Personnel Division of Fish and Wildlife, DNREC (boat use) C. CONSERVATION DISTRICT ASSISTANCE Fredrick T. Mott Delaware Association of Conservation Districts Josef A. Burger New Castle Conservation District Ernest Zimmerman Kent Conservation District 139 D. DNERR ADVISORY COMMITTEE XEMBERS Joseph Abele New Castle County Grover Biddle Delaware Development Office Cara Blume Division of Parks & Recreation, DNREC Paul Bradley Blackbird DNERR Landowners Assoc. Howard Brokaw Delmarva Ornithological Society Joan Brown Division of Parks & Recreation, DNREC Jack Cairns Delaware Dept. of Public Instruction John Campanelli. Delaware Wildlife Federation Rick Cole Division of Fish and Wildlife, DNREC Richard Cooch New Castle Historical Society Elesa Cottrell U.S. Soil Conservation Service Ed Cregar City of Dover Franklin C. Daiber Advisory Council-Tidal Finfish Paul Daly Bombay Hook National Wildlife Refuge E. Turner Darden Delaware Sierra Club Group Norman Dill Delaware State College Kevin Donnelly Delaware Dept. of Agriculture Susan Durden Sanctuaries & Reserves Division, NOAA Lee Emmons office of the Secretary, DNREC Bill Fintel Sussex Bird Club John L. Gallagher University of Delaware James Gawthrop St. Jones DNERR Landowners Assoc. Tim Goodger NOAA, NMFS Cheryl Graham Sanctuaries & Reserves Division, NOAA Dan Griffith Delaware Div. of Hist. & Cult. Affairs Kyle Gulbronson Kent County William Hall University of Delaware Willis Hand Advisory Council on Shellfish Holger H. Harvey Delaware Wild Lands, Inc. Richard Hassel U.S. Army Corps of Engineers Betty Heinold Blackbird DNERR Landowners Assoc. Lynn Herman Division of Fish and Wildlife, DNREC Terrence L. Higgins Wesley College Betty Homan Daughters of the American Revolution Bill Hopkins Division of Parks & Recreation, DNREC William Hubbard Delaware Bass Federation David Hugg III office of the Secretary, DNREC Lisa Innvaer Division of Fish and Wildlife, DNREC Larry Irelan New Castle Conservation District Tim Kaden Delaware Forestry Section Dave Kamison Advisory Council-Game and Fish Lawrence Lank Sussex County Susan Laporte Division of Parks & Recreation, DNREC Joe Lesley Delaware State Trappers Assoc. Art Malinoski Kent conservation District Albert Matlack Society of Natural History of Delaware Bill Meredith -Division of Fish & Wildlife, DNREC Rob McKim The Nature Conservancy Philip A. Messina, Jr. Del. Saltwater Sportsmen Assoc. Jonathan Xick Delaware Watermen's Assoc. Roy Miller Division of Fish and Wildlife, DNREC Bill Moyer Division of Water Resources, DNREC 140 Jim O'Neill Division of Parks & Recreation, DNREC Matt Parker U.S. Air Force Grace Pierce-Beck Delaware Audubon Society Tony Pratt Division of Soil & Water Cons, DNREC Gordon Price Del. Mobile Surf-fishermen, Inc. Skipper Purnell Friends of Dickinson Mansion Francis Remley Kent County Archaeological Society Michael E. Riska Delaware Nature Society Leah Roedel Del. River & Bay Shoreline Committee Chas Salkin Division of Parks & Recreation, DNREC George H. Sapna II Ducks Unlimited - Delaware Dave Saveikis Division of Water Resources, DNREC John Schneider Division of Water Resources, DNREC David Small Office of Information and Ed, DNREC Jim Stewart Del. Div. of Hist. & Cult. Affairs David Truesdale Blackbird DNERR Landowners Assoc. Joe Uravitch Sanctuaries & Reserves Division, NOAA Ron Vickers Division of Parks & Recreation, DNREC William Wagner Division of Fish and Wildlife, DNREC Ulysses S. Washington Delaware State College Bill Whitman Division of Fish and Wildlife, DNREC Alvin Wilson St. Jones DNERR Landowners Assoc. Joe Wutka Division of Highways Chris Zimmerman St. Jones DNERR Landowners Assoc. Robert Zimmerman Division of Water Resources, DNREC XX. DISTRIBUTION LIST OF DEIS/DXP The following is a list of the agencies, organizations, and persons receiving copies of the DEIS/DMP: Feder Agencies - Advisory Council of Historic Preservation - Deparment of Agriculture - Department of Commerce, National Marine Fisberies Service - Department of Defense - Department of Energy - Department of Health and Human Services - Department of Interior, Fish and Wildlife Service - Department of Justice - Department of Labor - Department of Transportation, Coast Guard - Department of Transportation, Federal Highway Administration - Environmental Protection Agency - Federal Energy Regulatory Commission - General services Administration - Nuclear Regulatory Commission 141 congressional - Senator William V. Roth, Jr. - Senator Joseph R. Biden, Jr. - Representative Thomas R. Carper State officials - Governor Michael N. Castle - Senator Nancy W. Cook - Senator Ruth Ann Minner - Senator John C. Still III - Senator William C. Torbert - Senator James T. Vaughn - Representative Edward Bennett - Representative Gerald Buckworth - Representative George V. Carey - Representative G. Wallace Caulk, Jr. - Representative Philip Corrozi - Representative Bruce Ennis - Representative E. Stuart - Representative Roger Roy - Representative Steven C. Taylor State Agencies - Delaware Department of Natural Resources and Environmental Control A. Office of the Secretary B. Division of Fish and Wildlife C. Division of Parks and Recreation D. office of Information and Education E. wetlands Branch F. Delaware Estuary Program, Div. of Water Resources G. Division of Soil and Water Conservation - office of the Governor, Delaware Development Office - Dept. of State, Div. of Historical and Cultural Affairs - Delaware Dept. of Agriculture - Delaware Dept. of Transportation - Department of Public Instruction Kent and New Castle.Count Governmgnts - Executives, Planning, Parks & Recreation Boards & Departments - Kent and New Castle Conservation Districts Local Federal and City Agencies 142 - Bombay Hook National Wildlife Refuge - U.S. Soil Conservation Service - U.S. Army Corps of Engineers, Phila. District - Dover Air Force Base - City of Dover, Mayor, Recreation and Planning offices Academic Community - Delaware State College - University of Delaware - University of Delaware, Sea Grant Program - University of Delaware, College of Marine Studies - University of Delaware, College of Agriculture - Wesley College - University of Maryland, Eastern Shore Libraries - Dover Public Library - Delaware State Library - Milford Public Library - Smyrna Public Library - Appoquinimink Public Library - Corbit-Calloway Library - New Castle Public Library Other Interest Groups - Fish and Wildlife Citizen Advisory Councils A. Advisory Council on Game and Fish B. Advisory Council on Tidal Finfisheries C. Advisory Council on Shellfisheries - Conservation/Environmental Education/Outdoors/Sportsmen organizations A. Wildlife Federation of Delaware B. Ducks Unlimited, Inc. (Delaware) C. Delaware Saltwater Sportsmen Association D. Delaware Mobile Surf-Fishermen, Inc. E. Delaware Bass Federation F. Delaware Watermen's Assoc. G. Delaware State Trappers Assoc. H. Delaware Wild Lands, Inc. I. Delaware Nature Society J. Society of Natural History of Delaware K. Delmarva ornithological Society L. Sussex Bird Club M. Delaware Audubon Society N. Delaware Sierra Club 0. Delaware River and Bay Shoreline Committee P. Delaware Nature Conservancy Historical Societies A. New Castle Historical Society 143 B. Kent County Archaeological Society C. Friends of Dickinson Mansion D. Daughters of the American Revolution - DNERR Landowner Associations A. St. Jones DNERR B. Blackbird DNERR - DNERR Work Groups A. DNERR Facility B. Resource Plan Work Group Members - Chesapeake Bay NERR in Maryland 144 XVI. BIBLIOGRAPHY Belknap, D. F. and J. C. Kraft 1977. Holocene relative sea- level chancles and coastal stratiaraphic units on the northwest flank of the Baltimore Canyon aeosyncli Journal of Sedim ntary Petrology 47(2):610-29). chabreck, R.A. 1988. Coastal Marshes: Ecology and Wildlife Management. Univ. of Minnesota Press, Minneapolis. 138 pp. Chura, M. (chairman) 1990. Greenspace for Delaware's Future: Draft for Public Review. Greenspace For Delaware,s Future Committee. Delaware Dept. Natural Resources and Environmental Control, Dover. 52 pp. Crofts, M. (program coordinator) 1989. Fiscal Year 1989 Work Plan for the Delaware Estuary Program. Delaware Dept. Natural Resources and Environmental Control, Dover. 11 pp. Cunningham, Kevin, J. W. Martin, and J.L. Calvert 1980. A Preliminary Cultural Resources Reconnaissance gf the Proposed Dualization of U.S. Route 113 Little Heaven to Dover AFB, Kent Department-of County, Delaware. bmitted to Delaware Transportation and Delaware Department of Historical and Cultural Affairs, Dover. Custer, Jay F. 1983. Analysis. of Collections from Three Barker's Landing Sites, Kent County. Delaware. University of Delaware Center for Archaeological Research Report # 3. Newark. Custer, J.F. and G. J. Galasso. 1983. A prehistoric archaeological survey of the St. Jones and Murderkill drainages, Kent County, Delaware. Bulletin of the Archaeological Society of Delaware 14 New Series. pp. 1-18. Custer, J.F. and D.C. Bachman. 1986. An archaeological planning survey of selected portions of the proposed Route 13 corridor, New Castle County, Delaware. DelDOT Archaeology Series No. 44. Delaware Department of Transportation. Custer, Jay F. 1989. Prehistoric Cultures ot the Delmarva Peninsul&: An Archaeological Study. University of Delaware Press: Newark. Daiber, F.C. 1986. Conservation of Tidal Marshes. Van Nostrand Reinhold Co., New York. 341 pp. Daiber, F.C. -et -al. 1976. An Atlas of Delaware's Wetlands and Estuarine Resources. Delaware Coastal Mgmt. Program, Tech. Rept. No. 2. Delaware State Planning office. College of Marine Studies, Univ. Delaware. 528 pp. Delaware Dept. of Natural Resources and Environmental Control. 1989. Annual Report: Non-Game and Endangered Species Progra 145 and Natural Heritag Program. Division of Fish and Wildlife, and Division of Parks and Recreation, DNREC, Dover, Delaware. 21 pp. Delaware Division of Historical and Cultural Affairs. 1972. Huguenot House National Register Nomination. Dover, Delaware. Delaware Division of Historical and Cultural Affairs. 1978. Historic Resources of St. Jones Neck National Register Nomination. Dover, Delaware. Delaware Division of Historical and Cultural Affairs 1978. National Register Nomination for St. Jones Neck Archaeological District. Manuscript on file, Delaware Division of Historical and Cultural Affairs: Dover. Delaware Division of Parks and Recreation. 1984. Delaware Outdoors: A Comprehensive Plan for Meeting Delaware's Outdoor Recreation@_l Needs and Conserving the Environment. State Comprehensive Outdoor Recreation Plan, Division of Parks and Recreation, Delaware Dept. Natural Resources and Environmental Control, Dover, Delaware. 128 pp. + appendices. Delaware Division of Parks and Recreation. 1988. The Landowner's options = A Guide to Voluntary Land Protection in Delaware. Division of parks and Recreation, Delaware De@pt. Natural Resources and Environmental Control, Dover, Delaware. 13 pp. Delaware Mosquito Control Section. 1989. Mosauito Control in Delaware. Delaware Dept. Natural Resources and Environmental Control. 4 pp. (brochure) Drew, K.S. 1981. The Influence of Geological Structure and Historical Changes in Morphology 9-f- Delaware BAy communities on Environmental Planning. College of Marine Studies U of D. Contractor: J.C. Kraft, Department of Geology, University of Delaware, Newark, Delaware. Eveleigh, T., J.F. Custer, and V. Klemas. 1983. A LANDSAT generated predictive model for prehistoric archaeological sites in Delaware's coastal plain. Bulletin of the Archaeological Society qf Delaware 14 New series. pp. 2038. Fleming, L.M. 1978. Delawarefs outstanding Natural Areas and Their Preservation. -Delaware Nature Education Society, Hockessin, Delaware. 422 pp. Gelburd, D.E. 1988. The patterning of human behavior: a test of a prehistoric archaeological subsistence and settlement model for Delaware. Unpublished PhD dissertation. American University, Washington, D.C. Goodrich, D.M. (ed.) 1986. Delaware DM: Issues, Resourcesp Status and Management. NOAA Estuary-of-the-Month Seminar Series No. 2 U.S. Dept. of Commerce, NOAA Estuarine Programs Office. Washington, D.C. 149 pp. 146 Henshaw, F. (ed.) 1988. Delaware Water Quality Inventory. Vol. II. Water Quality Analysis Section. Div. Water Resources, Dept. Natural Resources and Environmental Control, Dover, Delaware. Doc. No. 40-08/88/03/01. Hugg, D.S. III (program mgr.) 1979. Delaware Coastal Management Progra and Final Environmental Impact Statement. Delaware coastal Management Program, Office of Management, Budget and Planning, Dover, Delaware; Office of Coastal Zone Management, NOAA, U.S. Dept. of Commerce, Washington, D.C. Hull, C.H.J. and J.G. Titus (eds.) 1986. Greenhouse Effect, Sea Level Rise, and Salinity in the Delaware Estuarv. U.S. Environmental Protection Agency and the Delaware River Basin Commission. EPA 230-05-86-010. 88 pp. Jones, W.L. and W.C. Lehman. 1987. Phragmites control and revegetation following aerial applications of glyphosate in Delaware. In Whitman, W.R. and W.H. Meredith (eds.) Waterfowl and Wetlands Symposium: Proceedings -of a Symiposium on Waterfowl and Wetlands Management in t- Coastal Zone of the Atlantic Flyway. Delaware Coastal Management Program, D@-laware Department of Natural Resources and Environmental Control, Dover, Delaware. pp. 184-203. Knighton, M.D. (ed.) 1985. Water ImRoundments for Wildlife: Habitat Management WorkshoR. Gen. Tech. Rep. NC-100. St. Paul, MN: U.S. Dept. of Agriculture, Forest Service, N. Central Forest Experiment Sta. 136 pp. Kraft, J.C. 1971. A Guide to the Geology 2f Delaware's Coastal Environlnents. College of Marine Studies, Univ. Delaware. Newark, Delaware. 220 pp. Kraft, J.C., E.A. Allen, D.F. Belknap, C.J. John, and E.M. Maurmeyer. 1976. Delaware's Changing Shoreline. Delaware Coastal Management Program, Tech. Rept. No. 1. Dept. of Geology, Univ. Delaware, Newark, Del. 319 pp. Martin, C.C. 1974. Delaware's Tidal Streams. Division of Fish and wildlife, Delaware Dept. Natural Resources and Environmental Control, Dover, Delaware. 32 pp. Maryland, State of. 1987. Maryland ghesayeake Bay National Estuarine Research Reserve Syste : Site Nominations. Maryland Dept. Natural Resources, Annapolis, Md. 208 pp. Maryland, State of". 1990. Maryland ChesaReake Bay National Estuarine Research ReserVe System: Final MANAGEMENT PLAN Maryland Dept. Natural Resources, Annapolis, Md. 111 pp. + appendices. Matthews, E.D. and O.L. Lavoie. 1970. Soil Survey of New Castle County, Delaware. SCS/USDA. 97 pp. 147 Matthews, E.D. and W. Ireland, Jr. 1971. Soil Survey Of Kent Count , Pelaware. SCS/USDA. 66 pp. MDR Associates. 1989. Delaware Estuary Procrram: !MLM_a__r_y of the WorkshoP - Working Together -to Enhance and Preserve the Estuary. Rept. for U.S. Environmental Protection Agency- Baltimore, Md. 11 pp. Meredith W.H. (Project Manager) 1990. The Delaware National Estuarine Research Reserve Syste Site Nom_;:iation. Report to NOAA/National Ocean service. Dept. of Natural Resources and Environmental Control, Dover, Delaware. 174 pp. Meredith, W.H., D.E. Saveikis, and C.J. Stachecki. 1985. Guidelines for "Open Marsh Water Management" in Delaware's salt marshes: objectives, system designs, and installation procedures. Wetlands (J. Soc. Wetlands Scientists), Vol. 5: 119-133. New Hampshire, State of. 1989. GREAT BAY NATIONAL ESTUARINE RESEARCH RESERVE MANAGEMENT PLAN. State of New Hampshire, Office of State Planning, Concord, NH. 188 pp. North Carolina, State of. 1990. NORTH CAROLINA NATIONAL ESTUARINE RESEARCH RESERVE FINAL MANAGEMENT PLAN. State of North Carolina, Dept. of Environment, Health, and Natural Resources, Div. of Coastal Management, Raleigh, N.C. 104 pp. + appendices. Omwake, H. G. 1955. Recent logal finds: Cached arcrillite blanks found. Archeolog: 7(2): 5-7. Rothwell, A.D. (chairman) 1988. Delaware's Environmental Legacy: Shaping Tomorrowls Environment Today. Delaware Environmental Legacy Programl, Delaware Dept. Natural Resources and Environmental Control, Dover, Delaware. 181 pp. Sharp, J.H. (ed.) 1983. The Delaware Estuary: Research as Backcrround for Estuarine Management and Development. Delaware River and Bay Authority; College of Marine Studies, Univ. Delaware; New Jersey Marine Sciences Consortium. Lewes, Delaware. 326 pp. South Carolina, State of. 1991. Asheyoo-Combahee-Edisto (ACE) Basin National Estuarine Research Reserve in South Carolina, Draft Environmental Impact Statement and Draft Management Plan. Charleston, South Carolina. 164pp. Steenis, J.H., N.G. Wilder, H.P. Cofer, and R.A. Beck. 1954. The Marshes of Delaware: Their Im9rovement and Preservation. Pittman-Robertson Publ. No. 2. Delaware Board Fish Game Comm., Dover, Delaware. 42 pp. Sundstrum, R-W-f T.E. Pickett, and R.D. Varrin. 1976. Hydrology, Geology. and Mineral Resources of the Coastal Zone of Delaware. 148 Technical Report Number 3. Delaware Coastal Management Program. 245 pp. Tiner, R.W. 1985. Wetlands of Delaware. U.S. Fish Wildlife service; Delaware Dept. Natural Resources and Environmental Control. Dover, Delaware. 77 pp. Tucker, A.O., N.H. Dill, C.R. Broome, C.E. Phillips, and M.J. Maciarello. 1979. Rare and Endangered Vascular Plant Species in Delaware. U.S. Fish and Wildlife Service, Newton Corner, Mass. 89 pp. Virginia, State of. 1989. Thg Chesapeake Bav Estuarine Research Reserve System in Virginia: Site Nomination and Application for Preacquisition Assistance. Virginia Inst. Marine Science, College of William and Mary, Gloucester Point, Virginia. 310 pp- U.S. Department of Defense. 1989. Air Installation ComRatible Use Zone (AICUZ) Study. Department of the Air Force, Headquarters 436th Military Airlift Wing (MAC), Dover, DE. U.S. Dept. of Commerce. 1988-1990. Tide Tables: East Coast of North and South America, including Greenland. National ocean Service, NOAA, U.S. Dept. of Commerce, Riverdale, Maryland. U.S.D.I. Fish and.Wildlite Service. 1989. National Wetlands Priority Conservation Plan. U.S. Fish Wildl. Serv., U.S. Dept. of the Interior, Washington, D.C. 58 pp. U.S.D.I. Fish and Wildlife Service. 1989. Draft Regional Wetlands ConceRt Plan, Emergency Wetlands Resources Act. Region 5, U.S. Fish and Wildlife Service, Newton Corner, Mass. 13 pp. + appendices. Wakelin, J.H. Jr. (chairman) 1972. The Coastal Zone of Delaware. Governor's Task Force on Marine and Coastal Affairs. College of Marine Studies, Univ. Delaware, Newark, Delaware. 464 pp. Whitman, W.R. 1986. Ecological conditions and suggested habitat management practices for selected coastal impoundments in Delaware. Delaware Coastal Management Program, Annual Report. Delaware Dept. Natural Resources and Environmental Control, Dover, Delaware. 101 pp. Whitman, W.R. 1989. An integrated program for the enhancement and management of Delaware's Coastal Wetlands. Delaware Coastal Management Program, Project 65B(l). Delaware Dept. Natural Resources and Environmental Control, Dover, Delaware. 19 pp. Whitman, William R. and William H. Meredith (eds.) 1987. Waterfowl and Wetlands Symposium: Proceedings of a SymRosium 2n WaterfoT@-JAnd al Zone -of -the :: Wetlands Mgnagement in the Coas@' Atlantic Flyway. Delaware Coastal Management Program, Delaware Department of Natural Resources and Environmental Control, Dover, Delaware. 522 pp. 149 XXII. BASE RESOURCE INFORMATION A. PLANT SPECIES LISTS 1. St. JoneS River PLANT SPECIES IDENTIFIED IN THE ST. JONES RIVER COMPONENT Scientific name Common Name Acer rubrum red maple Alnus serrulata common alder Amelanchier arborea downy juneberry Amelanchier canadensis oblong leaf juneberry Antennaria plantaginifolia plantain-leaved pusseytoes Apios americana groundnut Ascyrum. hypericoides St. Andrew's cross Asplenium platyneuron ebony spleenwort Aster novi-belgii New York aster Baccharis halimifolia groundsel bush Cakile edentula sea rocket Carpinus caroliniana ironwood celtis occidentalis American hackberry Clethra alnifolia sweet pepperbush Cornus florida dogwood Diospyros virginiana persimmon Distichlis spicata saltgrass Erigeron annuus daisey fleabane Eupatorium. hyssopifolium hyssop-leaved boneset Eupatorium serotinum late-flowering boneset Fagus grandifolia American beech Gaylussacia dumosa dwarf huckleberry Gaylussacia frondosa tall huckleberry Hamamelis virginiana witch-hazel Heterotheca subaxillaris camphorweed Hibiscus palustris swamp rose mallow Ilex opaca American holly ilex verticillata winterberry impatiens capensis spotted touch-me-not Iris versicolor larger blue flag Iva frutescens marsh elder juniperus virginiana red cedar Kalmia latifolia mountain laurel Kosteletzkya virginia seashore mallow Leersia oryzoides rice cutgrass Lobelia cardinalis cardinal flower Lonicera japonica Japanese honeysuckle Lycopus americanus water horehound Magnolia virginiana sweetbay Mikania scandens climbing hempweed Nyssa sylvatica sourgum 0enothera biennis common evening primrose osmunda cinnamomea cinnamon fern Phragmites australis common reed 150 Scientif ic kLame Common Name Pilea pumila clearweed Pluchea purpurescens saltmarsh fleabane Polygonum. punctatum. water smartweed Prunus serotina blackcherry Quercus alba white oak Quercus falcata spanish oak Quercus michauxii basket oak Quercus palustris pin oak Quercus phellos willow oak Quercus prinus chestnut oak Quercus rubra, red oak Rubus sp. blackberry Sagittaria latifolia common arrowhead Salix nigra blackwillow sassafras albidum, sassafras Saururus cernuus lizard's tail Scirpus robustus stout sedge Smilax rotundifolia common greenbrier solanum carolinense horse nettle solanum nigrum black night shade solidago bicolor silverrod Solidago rugosa rough-stemmed goldenrod spartina alterniflora saltmarsh cordgrass Spartina cynosuroides big cordgrass Spartina patens saltmeadow cordgrass Vaccinium corymbosum common highbush blueberry Viburnum nudum possum haw Viburnum recognitum, northern arrowwood 2. Blackbird Creek PLANT SPECIES IDENTIFIED IN THE UPPER BLACKBIRD COMPONENT scientific Name Common Name Acer rubrum red maple Acnida cannabina salt-marsh water hemp Amelanchier canadensis swamp shadbush Apios americana groundnut or wild bean Asclepias incarnata var. pulchra swamp milkweed Baccharis halimifolia groundsel tree Bidens laevis larger bur marigold Carex stricta a sedge Cephalanthus occidentalis buttonbush Clematis virginiana virgin's bower Cornus amomum silky dogwood Cornus foemina, ssp racemosa gray dogwood Cornus florida flowering dogwood Cuscuta gronovii common dodder or love vine Distichlis spicata salt grass 151 Scientific Name Common Name Echinochloa walteria a barnyard grass Eleocharis fallax (ambigens) a spike-rush Eupatorium dubium Joe-pye weed Fraxinus pennsylvanica green ash Galium obtusum a bedstraw Gratiola neglecta clammy hedge hyssop Helenium autumnale sneezeweed Hibiscus mosheutos a rose mallow Hibiscus palustris marsh mallow Ilex opaca American holly Ilex verticillata winterberry Impatiens capensis jewelweed Iris versicolor larger blue flag Iva frutescens high tide bush Juncus acuminatus a bog-rush Kosteletzkya virginica seashore mallow Leersia oryzoides a cutgrass Leucothoe. racemosa. fetterbush Lilium superbum Turk's cap lily Liquidambar styraciflua sweet gum Liriodendron tulipifera tulip poplar Lobelia cardinalis cardinal flower Lycopus americanus water horehound Lycopus rubellus a water horehound Mikania scandens climbing hempweed Nuphar luteum (advena) yellow pond lily Onoclea sensibilis sensitive fern Osmunda regalis flowering fern Oxypolis rigidor cowbane Panicum. virgatum a panic grass Peltandra virginica arrow arum Phragmites australis common reed Pinus taeda joblolly pine Pluchea purpurascens salt-marsh fleabane Polygonum arifolium halberd-leaved tearthumb Polygonum punctatum water smartweed Polygonum sagittatum. arrow leaved tearthumb Pontederia cordata. pickerelweed Prunus serotina black cherry Ptilimnium capillaceum, mock bishop's weed Quercus alba white oak Quercus falcata red oak Quercus stellata post oak Rorippa islandica marsh yellow cress Rosa palustris swamp rose Rubus spp. black cherry Rumex verticillatus swamp dock Sagittaria calycina an arrowhead Sagittaria latifolia common arrowhead Sagittaria subulata an arrowhead 152 Scientific Name Common Name Salicornia spp. saltwort Sassafras albidum sassafras Saururus cernuus lizards tail Scirpus pungens a bulrush Scirpus robustus a bulrush Scirpus validus a bulrush Scutellaria lateriflora a skullcap Spartina alterniflora saltmarsh cordgrass Spartina cynosuroides big cordgrass Spartina patens saltmeadow cordgrass Stachys tenuifolia common hedge nettle Taxodium distichum bald cypress Thalictrum polygamum tall meadow rue Tilia heterophylla white basswood Typha latifolia common cattail Ulmus americana American elm Viburnum prunifolium black haw Viburnum recognitum arrowwood Zizania aquatica wildrice 153 B. FISH AND WILDLIFE This section is intended to present some of the traditional uses of the St. Jones River and Blackbird Creek estuaries that are expected to continue in and around the Reserve and may need particular policies established to reduce the potential for conflicts. It has been determined that hunting, trapping, shellfishing, fishing, boating, and agricultural practices are the major traditional activities of these areas. other traditional activities have not been listed such as bird watching, canoeing, hiking, etc., since they would be activities that would normally be included in the estuarine reserve program. With the increase in public access to these estuaries and a desire to maintain traditional activities, there is a need to recognize potential conflicts that could result. As much as practical, policies will be established that will allow traditional activities to continue on the Reserve. Therefore public access will be controlled so that traditional activities will continue with minimal disturbance to both the traditional user and the Reserve activities. Limited access policies, guidelines and general awareness information will need to be developed to provide for the safety of the public. At times, and at some locations, certain traditional activities may be restricted to allow educational and/or research activities to take place. The DNERR Program Manager shall be responsible for establishing a procedure that will regulate both the traditional activities and the educational and research activities to minimize their conflicts. This procedure shall be reviewed annually to assure the optimum blend of all activities. The following listing of traditional activities is provided in tabulation form to present only an approximation of activities, seasons, dates, times, and conflict potentials. The activities are representative of the area in and around the Reserve boundaries. some activities may have never occurred within the areas that will be acquired by the Reserve or may not have occurred throughout the seasons, dates or times given. This information is to be valued as a commitment of the DNERR to continue traditional activities with the realization that conflicts will be reduced by providing guidelines and policies as public access is increased and specific education and research projects are.implemented. 154 TRADITIONAL USES OF THE PROPOSED DNERR ESTUARINE RESOURCES ST. JONES DNERR COMPONENT ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Agriculture Corn May-Sep Public Trespassing Soybean Jun-Oct Public Trespassing Potatoes Apr-Aug Dust Pasture year Public Trespassing Truck Crops Spring Dust Forestry Visual Agriculture has been the greatest land-use activity of the St. Jones component for over the last 300 years with consistent boundaries for at least the last 200 years. With proper buffering of the estuary to the normal activities of farming, the Reserve will only be effected by the occasional noise, dust, odors, chemicals and sights of this primary traditional activity. The operations of the Reserve will need to maintain good public access control to prevent straying into farm operations for public safety and public damage to the fences, fields, crops, livestock, and equipment of the Reserve's neighboring farmers. ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Hunting White-tailed deer (with the exception of waterf@owl, no other hunt- ing is permitted during the shotgun and muzzleloader seasons for white-tailed deer) I Archery Sept to end of Jan 1/2hr Restriction of hunting except during before to fixed sites compat- muzzleloader and sunrise ible with other uses shotgun season to 1/2hr will prevent conflicts after sunset Shotgun 8 days mid-November Same Same 2 days mid-January I Muzzleloader 3 days mid-October Same Same 3 days mid-January Wild Turkey late Aprl early May 1/2hr Season not yet set for before DNERR components. All sunrise other activities should to 1:00pm be excluded in areas open to turkey hunting when a season is estab- lished except in definec no hunting zones 155 OF ACTIVITY SEASON t DATES TIMES CONFLICT POTENTIAL Small Game Gray Squirrel -mid-Sept to mid-Jan 1/2hr Exclusions will be re- before quired in some sectiolp sunrise (ie around Center; to 1/2hr trails & observation after points sunset Cottontail mid-Nov to mid-Jan Same Same Rabbit I r Bobwhite Quail Mid-Nov tO Feb 28 Same Same I - Woodchuck no civsfeu Season Same Same I Raccoon S=Vt 1 1_0 Feb 28 Same- Same except some nights opossum Same Same Same Red Fox-(chase Oct 1 to April 30 1/2hr Same only) before sunrise to 1/2hr after sunset Frog May 1 to ISept 30 Same Same Snapping Turtle June 16 to May 14 Same Same I I I Hunting should be accommodated over most of the Component. Numbers of hunters using area at one time may need to be restricted b daily sign-in or another method. No conflicts are anticipated il hunting is properly zoned and regulated. Migratory Birds I I Mourning Dove last 3 weeks of Sep Noon to Same restrictions applN last 2 weeks of Oct sunset as upland Game mid-Dec to mid-Jan Rails 3rd week of Oct Same Same Woodcock mid-Nov early Jan Same Same Common Snipe mid-Nov to Jan 31 Same Same Gallinules Sept 1 to early Nov Same Same Crows mid-June March 30 Same Same 1 156 ACTIVITY sEASON DATES TIMES CONFLIC T POTENTIAL Waterfowl Nov to Feb 1/2hr before sunrise to sunset All waterfowl hunting must be restricted to fixed blinds and pits established and maintained by DNERR staff. Numbers of hunters will have to be restricted depending upon number of hunting sites that are established. ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Trapping Marshes,Streams &'Ditches None (leghold or conibear traps-aquatic sets only) as long as trapper's Muskrats,mink, early Dec-mid-March "coming-and-going" otter,raccoon, is known to the Reserve or opossum Manager in order to coordinate with educa- Upland Areas tional/research uses (box or leghold traps) Raccoon all year-N side of S't Jones; leghold not allowed on S side from mid-March to early Dec (box trap) I I opossum & rabbit only during legal hunting season in late fall & winter ACTIVITY SEASON t DATES t TIMES CONFLICT POTENTIAL NOTE: Seasons indicated for commercial/recreational finfishing or shellfishing are traditional times,not legally set periods - there are no legal closed sea- sons in the tidal rivers for recreational or commer- cial finfishing nor recreational crabbing. I I I Fishing-comm. (no 'commercial shellfishing is allowed in tidal rivers or creeks-no crabs, oysters, clams, mussels) White perch None as long as nets fixed gill nets Feb-May do not obstruct naviga- (no fixed nets in Delaware Bay within 1/2 mile ti,onal channel- no more from tidal river mouths) I I than 1/3 distance from no nets > 200 ft IMid-May to late-September shore (nets < 200 ft long for Recreational netting) I I American eel early spring to late tall Floats to mark pots (eel pots) could cause naviga- tional obstacles if placed too densely 157 ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Fishing-recr (no recreational oystering or clamming allowed) I I Blue crabs (crab late-May to late-wct_ober Densely placed floats pots,2/person) could cause navigation I obstacles White perch early A to June None (drifting or anchored boat,shoreline) Recreational White perch,ca Finfishing fish,crabs t- @Spring tolFall None Allowed (Barkers Landing fishing pier) All Year I I I Bluefish,weakfish (mouth of St. Jones River-shoreline/surf) striped bass, I white perch,etc. Spring to Fall None I Snapping turtles mid-%J UIM CCJ Mid-May None (may also be sold) (legal seasons) Female diamond- mid-July to eazly October None back terrapins (legal seasons) ACTIVITY SEASO DATES TIMES CONFLICT POTENTIAL Boating-comm. Barge (sand & gravel) Year around None - unless major dredging is proposed ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Boating-recr Drifting or anchored sport- fishing in St. Spring to Fall None Jones River Transit for sport fishing of small boats from Spring to Fall None Barkers Landing to Delaware Bay 158 TRADITIONAL USES OF THE PROPOSED DNERR ESTUARINE RESOURCES BLACKBIRD CREEK DNERR COMPONENT ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Agriculture Corn May-Sep Public Trespassing Soybean Jun-Oct Public Trespassing Pasture year Public Trespassing Agriculture is 'the greatest land-use activity of the Blackbird Creek component. However, development pressures are stressing this tradition. With proper buffering of the estuary to the normal activities of farming, the Reserve will only be effected by the occasional noise, dust, odors, chemicals and sights of this primary traditional activity. The operations of the Reserve will need to maintain good public access control to prevent straying into farm operations for public safety and public damage to the fences, fields, crops, livestock, and equipment of the Reserve's neighboring farmers. ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Hunting White-tailed deer (with the exception of waterfowl, no other hunt- ing is permitted during the shotgun and muzzleloader seasons for white-tailed deer) I Archery Sept to February 1/2hr Restriction of hunting except during before to fixed sites compat- muzzleloader and sunrise ible with other uses shotgun season to 1/2hr will prevent conflicts after sunset Shotgun 8 days mid-November Same Same 2 days mid-January I I Muzzleloader 3 days ruid-October Same Same 3 days mid-January Wild TuKkey late Aprl Iearly May 1/2hr Season not yet set for before DNERR components. All sunrise other activities should to 1:00pm be excluded in areas open to turkey hunting when a season is estab- lished except in definec no hunting zones 159 ACTIVITY aE&SON t 2A__TES TIMES CONFLICT POTENTIAL Small Game Gray Squirrel mid-Sept to mid-Jan 1/2hr Exclusions will be re- before quired in some section sunrise (ie around Center; to 1/2hr trails & observation after points Cottontail sunset mid-Nov to mid-Jan Same Same Rabbit I Bobwhite Quail Mid-NOV to reb 28 Same Same I Woodchuck no Season Same Same Raccoon Sept 1 to Feb 28 Same- Same except some nights Opossum Same Same Same Red Fox-(chase Oct 1 to April 30 1/2hr Same only) before sunrise to 1/2hr after sunset Frog May 1 to Sept 30 Same Same Snapping Turtle June 16 to May 14 Same Same Hunting should be ac Iconancida te% A over mo st of the Component. Numbers of hunters using area at one time may need to be restricted by daily sign-in or another method. No conflicts are anticipated if hunting is properly zoned and regulated. Migratory Birds I Mourning Dove last 3 weeks of Sep Noon to Same restrictions appl last 2 weeks of Oct sunset as upland Game mid-Dec to mid-Jan Rails 3rd week. of Oct Same Same Woodcock mid-Nov early Jan Same Same Common Snipe Mid-NOV to Jan 31 Same Same Gallinules Sept 1 to early Nov Same Same Crows mid J March 30 Same Same 160 ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Waterfowl Nov to Feb 1/2hr before sunrise to sunset All waterfowl hunting must be restricted to fixed blinds and pits established and maintained by DNERR staff. Numbers of hunters will have to be restricted depending upon number of hunting sites that are established. ACTIVITY SEASON DATES TIMES CONFLICT POTENTIAL Trapping Same as St. Jones, e@cept upla@d trappin4 for raccoon with either box or leghold traps can occur year around on both sides of the creek (vs. year around only on the north side of the St. Jones; on the south side of the St. Jones, leghold trapping for raccoon can occur only from early December to mid-march). Fishing-comm Same as Jones, except i t closed to commercial or recreational harvest of oysters, clams or mussels - this is because these shellfish are not found here in harvestable quantities. ACTIVITY SEASON __ DATES TIMES CONFLICT POTENTIAL Fishing-recr Similar to St. Jones', but no pier or surf fishing; also, more sportfishing in small boats may be occurring in the upper Blackbird for largemouth bass, pickerel, perch, crappie, sunfish, etc. than occurs in the upper St. Jones. Boating-comm None Boating-recr Similar to St. Jones, but not as much small boat traffic to-and-from Delaware Bay. XXIII. APPENDICES A. BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY B. MEMORANDUM OF UNDERSTANDING C. DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY D. NERRS REGULATIONS E. PISH AM WILDLIFE MANAGEMENT PLAN 162 APPENDIX A BIOGEOGRAPHIC CLASSIFICATION AND TYPOLOGY BIOGEOGRAPHIC CLASSIFICATION virginian Region 4. Middle Atlantic Subregion (Sandy Hook to Cape Hatteras) TYPOLOGY Class I - Ecosystem Types Group I - Shorelands A. Maritime Forest-Woodland 3. Temperate Deciduous Biome Group Transition Areas A. coastal Marshes - Tidal, Non-tidal & Tidal Freshwater B. Coastal Swamps C. Intertidal Beaches D. Intertidal Mud and Sand Flats F. Intertidal Algal Beds 2. Southern Latitudes Group III - Submerged Bottoms B. Subtidal Softbottoms C. Subtidal Plants Class II - Physical Characteristics Group I - Geologic A. Basin Type 3. Bay 5. Tidal River B. Basin Structure 1. Coastal plains estuary C. inlet Type 1. Unrestricted D. Bottom Composition 1. Sand 2. Mud 4. Oyster shell 163 Group II - Hydrographic A. Circulation 1. Stratified 2. Non-stratified B. Tides 2. Semidiurnal 3. Wind/Storm Tides C. Freshwater 1. Surface water 2. Subsurface water Group III - Chemical A. Salinity 1. Positive estuary 3. Salinity zones c. Mixohaline (2) Polyhaline (3) Mesohaline (4) Oligohaline B. pH Regime Circumneutral 164 APPENDIX B MEMORANDUM OF UNDERSTANDING @emoranda of understanding (MOUs) are important with various agencies, groups and organizations in the management of DNERR. Some of these agreements will involve two main management issues: the uses, administration, operations and maintenance of facilities and components; and the interaction of the Reserve with other cooperative programs. Following is a proposed MOU between DNREC and NOAA/OCRM regarding the Federal-State relationship during the establishment and development of DNERR. This MOU commits DNREC to long term maintenance and management of the DNERR consistent with the national objectives. DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF DELAWARE AND THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION The State-Federal Roles in the Delaware National Estuarine Research Reserve. Preamble This Memorandum of Understanding ("MOU") is made this day of 11 1991 by and between the State of Delaware to the benefit of tfie Department of Natural Resources and Environmental Control ("DNREC") , having an address at 89 Kings Highway, Richardson and Robbins Building, Dover, Delaware 19903 and the National Oceanic and Atmospheric Administration, Department of Commerce (11NOAA11) , having an address at the Sanctuaries and Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service/NOAA, 1825 Connecticut Avenue, N.W., Suite 714, Washington, DC 20235 and concerns the establishment and administration of the Delaware National Estuarine Research Reserve ("DNERRII). WHEREAS, DNREC has Determined that the waters and related coastal habitats of the DNERR components provide representative opportunities to study natural and human processes occurring within an estuarine ecosystem; and WHEREAS, it is the finding of DNREC that the resources of the St. Jones River and Blackbird Creek DNERR components, and the values 165 they represent to the citizens of Delaware and the United States will benefit from the management of these components as a multiple site National Estuarine Research Reserve; and WHEREAS, NOAA has concurred with that finding and pursuant to its authority under Section 315 of the Coastal Zone Management Act of 1972 (11CZMA11), as amended, P.L. 92-583, 16 U.S.C. 1461, and in accordance with implementing regulations at 15 CFR 921.30, may designate the areas of the lower St. Jones River and the upper Blackbird Creek as components of the multiple site Delaware National Estuarine Research Reserve; and WHEREAS, DNREC, as the State agency designated in the management plan for the Reserve ("Plan") and by the State of Delaware as being responsible for managing the Reserve, acknowledges the need and requirement for continuing State-Federal cooperation in the long-term management of the Reserve in a manner consistent with the purposes sought through its designation. NOW, THEREFORE, in consideration of the mutual covenants contained herein it is agreed by and between DNREC and NOAA, effective on the date of the designation of DNERR, as follows; ARTICLE I: State-Federal Roles in Reserve Management A. DNREC, as the principal contact for the State of Delaware in all matters concerning the Reserve, will serve to ensure that the Reserve is managed in a manner consistent with the goals of the National Estuarine Research Reserve System (11NERRS11) and the management objectives of the Plan. Its responsibilities for Plan implementation will include the following: 1. Effect and maintain a process for coordinating and facilitating the roles and responsibilities of all agencies involved in the management of the Reserve, including but not limited to: a. The administration of facilities, programs, and tasks related to Reserve management; b. Education and Research agenda developed and implemented in accordance with corresponding elements of the Plan; c. Activities and programs conducted pursuant to the State's Federally-approved coastal management program authorized under the CZMA, as amended.; and d. Enforcement programs regulating water quality, fish and wildlife habitat protection, sport and commercial fisheries, and non-consumptive recreational activities; 166 2. As the Governor's designee and the recipient State entity in matters concerning all financial assistance awards authorized under the CZMA, DNREC will apply for, budget, and allocate such funds received for acquisition and development, operation and management, and education, research and monitoring; 3. Subject to appropriations, continue the designation of three State positions to serve as Reserve manager, Education coordinator and Research coordinator; 4. Seek State and other funding for acquisition, development, management, and operation of the Reserve; 5. Seek State and other funding for education and research programs at the Reserve; 6. Serve as principal negotiator on issues involving proposed boundary changes and/or amendments to the Plan; 7. Submit annual reports to NOAA on the Reserve describing, in accordance with 15 CFR 921.40, program performance in implementing the Plan and a detailed work program for the following year of Reserve operations, including budget projections and research efforts; S. Respond to NOAA's requests for information and to evaluation findings made pursuant to Section 312 of the CZMA; and 9. In the event that it should become necessary, based on findings of program deficiency, serve as the point -of -contact for the State of Delaware in actions involving the possible withdrawal of Reserve designation, as provided at 15 CFR 921-42. B. Within NOAA, the Sanctuaries and Reserves Division (11SRD11) , of the Office of ocean and Coastal Resource Management (11OCRM11) will serve to administer the provisions of Section 315 of the CZMA to ensure that the Reserve is managed in accordance with the goals of NERRS and the Plan. In carrying out its responsibilities, the SRD will: 1. Subject to Appropriation, provide financial assistance to DNREC, consistent with 15 CFR 921 for acquisition, development, management, and operation of the Reserve; 167 2. Subject to appropriation, provide financial assistance to DNREC and other eligible entities for education, research and monitoring programs for the benefit of the Reserve; 3. Serve as the point-of-contact for NOAA in discussion regarding applications for any financial assistance received by DNREC under Section 315 of the CZMA, including any performance standards, compliance schedules, or Special Award Conditions deemed appropriate by NOAA to ensure the timely and proper execution of the proposed work program; 4. Participate in periodic evaluations scheduled by OCRM in accordance with Section 312 of the CZMA to measure DNREC's performance in Plan implementation and its compliance with the terms and conditions prescribed in financial assistance awards granted by NOAA for the Purposes of the Reserve and advise appropriate OCRM staff of existing or emerging issues which might affect the State's coastal management program; 5. Regarding SRD-funded research conducted within the Reserve, maintain communication with DNREC and, in a timely manner, supply the DNREC with copies of all progress,reports, final reports, and data sets received by SRD; and 6. Establish an information exchange network cataloging all available research data and educational material developed on each Reserve included within NERRS. ARTICLE II: Real Property Acquired for the Purposes of the Reserve DNREC agrees that deeds for any real property that it acquires for the Reserve with federal funds under Section 315 of the CZMA will contain the language set forth in 15 CFR 921.21(e). ARTICLE III: Progra Evaluation During the period that federal financial assistance is available for Reserve operations and management, OCRM will schedule, pursuant to 15 CFR 921.40, periodic evaluations of DNREC's performance in meeting the conditions of such awards and progress in implementing the Plan and the provisions of this MOU. Where findings of deficiency occur, NOAA may initiate action in accordance with the procedures established at 15 CFR 921-41. 168 IN WITNESS THEREOF, the parties hereto have caused this MOU to be executed. . NATIONAL OCEANIC AND STATE OF DELAWARE ATMOSPHERIC ADMINISTRATION Charles N. Ehler Edwin H. Clark, II Acting Director Secretary office of ocean and Coastal Delaware Department of Natural Resource Management Resources and Environmental National oceanic and Atmospheric Control Administration U.S. Department of Commerce Date Date Joseph A. Uravitch David s. Hugg III Chief Director Sanctuaries and Reserves Division Management and Operations Office of Ocean and Coastal office of the Secretary Resource management Delaware Department of Natural National Oceanic and Atmospheric Resources and Environmental Administration Control U.S. Department of Commerce Date Date 169 An MOU between DNREC and the Division of Historical and Cultural Affairs will be necessary to operate and manage the Dickinson Plantation Visitors Barn's DNERR section. other MOUs will be appropriate as the uses of the Reserve become integral tools to other agencies, schools, groups and organizations that will depend on the attributes of the DNERR to enhance their estuarine programs and the values that their efforts will provide to the Estuarine Reserve System. The Friends of the John Dickinson Mansion, the Kent Conservation District, the Delaware Nature Society, Wesley College, the University of Delaware, Delaware State College the Cooperative Extension Service, USFW, USDA-SCS, NMFS are a few oi the groups that MOU's may be important to the successes of the DNERR. 170 I I APPENDIX C I I DELAWARE COASTAL MANAGEMENT PROGRAM CONSISTENCY I I I I I I I I I I I I I I . 1 171 1 DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Certification of Consistency with the Delaware Coastal Management Program Request for Federal Grant-in-Aid SCH# 90-04-26-05 Project Title: Delaware National Estuarine Research Reserve Draft Environmental Impact Statement/Draft Management Plan I hereby certify that the above application for federal aid is consistent with the goals and policies of the Delaware Coastal Management Program as approved by the Office of Coastal Zone Management in September, 1979. Program Manager Date I I APPENDIX D I I NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM PROGRAM REGULATIONS 15 CPR Part 921 1 1 1 1 1 I I I I I I I I 1 173 I Mondal July 2 isgo -pan 11 M. Department of Commerce Aid Oceanic -and Atmospheric AdmOstation 15 CFR -Pad 921 Matlaud Eftarku Ileserve,iResearcih SysitmVzograrn Re*daffons; hftdm FkW Rule AI ~0 ~1p~592;712;76;116q9940 Federal Register / Vol. 55, No. 141 Monday, July ~23~ 1990 Rules and Regulations DEPARTMENT OF COMMERCE ADDRESSES: ~8qM~r. Joseph A. Ura~vritch. support the research mission. not as National Oceanic and Atmospheric Chief-. Marine and Estuarine ends i~n themselves. Consultation by the Administration Management Division: Office of Ocean Secretary with other Federal and state and Coastal Resource Management. a~qgen~qdes to promote use of one cr ~r~ro-e 15 CFR Part 921 NOS/NOAA~. 1825 Connecticut Avenue reserves within the System by such N~8qW.: Suite 714~; Washington. DC 20235~, agencies when conducting estuarine ~[~:ccke~ No. 70874~-0133~q1 (202) 673~-5126. research is also a cl~ear~q!y defined goal of FOR FURTHER INFORMATION CONTACT~1. the System. The ~r~e~qgu~qlat~i~c~rs also Na~~iona~qi Estuarine Reserve Research ~2qM~r. Joseph A. Urav~qitch, (202) 673~-512~q6~. emphasize the use of a reserve's natural System Program Regulations SUPPLEMENTARY INFORMATION: resources and ecology to enhance public awareness and understanding of ~~~~~cy~: Office of Ocean and Coastal- 1. Authority estuarine areas, and to pro~v~@de sui~l~ab~i~e ~F~'~-~ourc~e Management ~L~'~2qOCRM), opportunities for public education and ~N~~~@~n~l Ocean ~qSe~rvic~3 (NOS), National This notice of interim final rulemakin~qg Oceanic a~nd Atmospheric is issued under the authority of section interpretation. This education goal has A~~~mi~~strat~qi~c~i~i ~q(N~6qO~.~qA~2qA), Department of 31~q5(a) of the Coastal Zone Management been elevated to become o~ne of the CG~-~merce. Act of 1972 as amended. 16 U~.S.C. 1461 essential criteria "or designation of a ACTION: Interim final rule. (t~qhe Act). The National Estuarine reserve. Reserve Research~'Sy~stern has been IV. Revision of t~qhe Procedures for SUMMARY: The regulations revise operating under regulations published Selecting. Designating and Operating existing rules for national estuarine June 27.1984 (49 ~qFR 2~q6,310). National Estuarine Research Reserves reserves ~qi~n accordance with the Coastal ~q1~q1. General Background (A) Revision of Des~qignc~'~tion C~ri~ter~qi~c. Zcrie Management Reauthorization Act On October 28,1988 (53 ~qFR 43816) The Coastal Zone Management ~f 1985 (title IV, subtitle D~. Pub. L ~q9~q9~-~- NOAA published proposed regulations Reauthorization Act of 1~q9a~q5 established, ~7~2) and recommendations contained in for continued implementation of the for the first time, statutory criteria for the U.S. Department of Commerce, National Estuarine Reserve Research designating an area as a national Office of Inspector General Report No. System (NERRS) Program pursuant to estuarine research reserve. An area may F-~~2~6~~5~~4qM~qO, "Opport~uni ties to section 31~q5 of the Act. 16 U.S.C. 14~q61. be designated by the Secretary of Strengthen the Administration of the Written comments were accepted until Commerce as a national estuarine Estuarine Sanctuary Program." Effective December 30,1988. These comments research reserve if- with the signing of Public Law 99~-272 on have been considered in preparing these. ~- ~. (1) the Governor of the coastal state in April 7~ 19~q88, the name of the Estuarine final regulations. A summary of the 'which the area is located nominates the area Sanctuary Program changed to the significant changes to the proposed -for that designation: and National Estuarine Reserve Research regulations is presented below. ~.(2) the Secretary finds that. System Program; estuarine sanctuary These interim final regulations (A) the area is a representative estuarine sites are now referred to as national establish the Program's mission and ecosystem that is suitable for long-term ~s~uar~ne research reserves. These goals and revise procedures for ~C~1~:~--re~s~e~arch and contributes to the regulations revise t~qh~qe pr~io~'ces~qi~qlor-~..~"~,~@ selecti~qA~qg~.~"designating and opera~qd~ng~-~-~-~,~@~4q4~,~,-~%-~Fb~qfo~qgeo and typological balance of ~. gra designation of research reserves. ~qf national estuarine research reserves. the System: Greater emphasis is placed on the use o ~q(B~q) the law of the coastal State provides ~1p~ to address national es~qi~q@ 11L Cha~n~8q@~ng the Name an* ~ d Emphasis of _~qj~o~qn~qg-term protection for reserve resources to research and management issues, and to the Program ensure a stable environment for research. make maximum use of the System for. ~,~ ~.~.~_~,The~.~'198~q@ Coastal Zone Management (C) designation of the area as a reserve will research purpos~qis' through ~q6~q6o~qi~qd~qt~qi~2q@atic~qi~n and it~a a~i~qf~qiendment~s established the... serve to enhance public awareness and with NOAA and other Federal and state National Estuarine Reserve Research' of estuarine areas, and agencies whic~1~li are sponsoring estuarine System (System). The System consists of ~qj~r~ov~ide suitable opportunities for public research. Additional emphasis i~s ~qi~tl~f~l~o~_ (1) each estuarine sanctuary designated ~:~-~-~ad ~ucation and interpretation; and given to providing financial ass~qistance~i is the date ~qof ~,~-~7~. ~q(D~q) ~-h~e coastal State in which the area is to states to enhance public awareness prior to April 7, ~q1~q98~q6 which located has ~c~om~p~qUed with the requirements ena ~ctment of the Coastal Zone ~@~:- arid understanding of estuarine areas by Management Reauthorization Act of of any regulations issued by the Secretary to providing opportunities for public ~'~q1~q9~8qm~, and (2) each estuarine area -;.:;implement this ~sectio~qm education and interpretation. The desi~qg~nat~qid after the Act. The term Some of these criteria for designation regulations provide new guidance for estuarine sanctuary no longer appears In are either new or substantially more delineating reserve boundaries~qand new regulations; the term research reserve or-.~.~.specifi~q6 than those contained ~qin the procedures for arriving at the most ~a appears in its place. ~ ~@ ~1p~p~p~ reserv `~qfor~qi~n~qi~qr regulations. For example, under effective and least costly approach to The Mission Statement for the System these regulations the Governor of a acquisition of land. Clarifications In the is much the same as for the National coastal state must nominate an total amount of financial assistance Estuarine Sanctuary Program which estuarine area for designation. and authorized for each national estuarine existed prior to the ~0q1~4q9~4q8~4q5 am~qendme~0qi~0qb~2q@~q@~q'~q-~q*~q- findings are required that the law of the reserve. and criteria for withdrawing the ~qte goals for the state provides long-term designation of a reserve. have also been However, t~0qh National Estuarine Reserve Research System' tection for reserve resources to added. stress the use of reserve sites for ensure a stable environment for CATES: Effective Date: These interim promotion and coordination of estuarine research and that designation of the final regulations are effective July ~4qZ3~q. research on a national level as the -~q:~4q@~48q@a will serve to enhance public 1990. highest priority and reason for ~q' ~q-~q1~q@~q,awareness and understanding of Comments. Cot~qaments are invited and establishing the System. The protection estuarin~4qi areas. Ile criteria in the will be considered if submitted on or and management of estuarine areas and existing regulations have been revised before September 21. 1990. resources are clearly intended to accordingly~q. ~0 Federal Register Vol. 55, No. 141 / Monday, July 23, 1~q%~0 Rules and R~~qg~~datio~s 29941 (B) Revision of Site Crit~e~n~;a and be required to ~f~u~stify the use of ~qf~e~e phase, funds are available for acquiring Procedure.;. The criteria for selecting an ~s~qi~r~r~yple acqusit~'~qi~on T~qmth~ods and make interest i~n land, which ~qi~s the primary e3t~uarine area for designation as a greater use of n~o~n-~qfe~e simple met~h~ads to purpose of this award, and for m~qm~or national estuarine research reserve have conserve ~cxpend~iture of funds. For each c~c~n~st:~ruct~qi~on ~qie~-S.~, nature trails and boat been expanded to provide guidance for parcel, both in t~l~q@e co~.~-e area and the ramps), preparation of architectural and d~atermin~in~g boundaries for ~0q@e proposed b~a~6qf~6qfer zone, states must determine. w~qit~1h engineering plans a~nd specifications. site. The Office of Inspector General appropriate justification (1) the development of the final management Report No. F-728-~q5-~010 criticized ~Lhe ~r~r~qd~n~qimum level of c~ontro~q!~q[3) required. (2) p~.~an~, and hiring a reserve ma~na~qpr and lack of S~qpeC~qi~qrC ~-U~qld~qd~l~qine~s for setting the level of existi~n~q; state control. and (3) other staff as necessary to i~qm~qp~ql~2m~Lnt limits o~n~-bou~r~ci~a~ri~es around estuarine t~l~q@e level of additional state cont~rol~k~'s) the NOAA apprcved draft ma~nage~qme~rt ~3~3r~.~'~c~"~Ua~nes to ensure that only ~qL~qm~.~*~qd required. states must also exa~z~r~qm~q@~ie all plan. es~sznt~qU~i~ql to ~t~qhe mission of the program rea~3~o~rab~.e alternatives for attaining ~t~qhe ~q7~"~he length of time for this i~n~@i~tial be inc!uded inside the sanctuary. add; tic~nal level of control required. phase of acquisition and deve~l~l~opm~2~nt References in the existing r~E~qqula~tia~ns to per~.~orm. a cost analysis of each. and may be up to three years. After the site ensure that ~t~qhe boundaries e~q=o~q=as~s r~-~-nk, in order of cost, ~t~qh~e alternative receives Federal designation as a an adequate porti~r-n of the key la~t~qi~qd and me~l_~q@od~s of acquisition which were rational estuarine research reserve, th~:~! water areas ~o~qf ~t~qhe natural system to considered. The cost-effectiveness state may request additional financial ~appr~OX~qi~qMi~lt~e an ecological unit are too assessment must also compare short- assistance to acquire addi~ti~c~r~al vague, particularly since terms a~re not term and lan~qg-term casts. The state shall property interests (e.g., for the buffer defined. The proposed regulations give pricrity consideration to ~qt~qhe "east zone), for construction of re~s~aa~rch and define key land and water areas as a' cost, method(~s) of attaining the interpretive facilities, and ~qf~o~r~re3tor~a~Hi~ve ~1~1cc~re area" within the reserve which is minimum level of lon~qg~q4erm control activities in accordance with the so vital to the ~qf~t~i~ac~qt~qiGain~qg of the required. which is sufficient to meet the approved final management plan. estuarine e~c~o~ey~at~em that it ~au~Lst be statutory requirement that "the law of The Coastal Zone Management under a level of control ~suf~qfkient to the coastal state provides long-term Reauthorization Act of I~4qM specifies ensure the long-term ~v~qia~qL~qil~ql ty of the protection for reserve resources to that the amount of financial assistance reserve for-research on natural ensure a stable environment for provided with respect t~o the ~acqu~8qWti~on processes.The determination of key research. See 1~q6 U~.S~.C. I 14~q61~q(~qb~q)~q(2)~q(B). of land and waters. ~o~r interests therein. land and water areas must be based on ~q(D~q) Financial A~ss~qi~q@t~o~nce Aw~a~nds for for any one national e~stu~ar~qi~qm research scientific knowledge of ~qT~qhe area.~6q7he Site Se7ec~qt~qion~, and Post Site Selection. res~e~qn~re may not exceed an concept of a -buffer" zone ~qto protect Ile The first ~iof five types of -awards tinder equal to 50 per ~C~qM3~q1~t~u~n ~r~if ~qfh~a we ~s af core area and~qprovide additional the National Estuarine R the lands. waters. ~a~nd interests therein protection for estuarine-dependent Research System is for site selection or ~qS4~,000~qA~2qM whichever amount is less. species has.also been defined In the and post-site selection, which includes The amount of Federal finar~qm~qia~ql regulations. The buffer ~?n~n~p may include preparation ~o~qf a draft m~ana~qge~-~qm~ut~qplan assistance provided under the an area necessary for ~qfac~qili~qdes re~qgulred .(including ~8qMOU~q) ~a~ad t~qhe co~ql~0qk~@~ct~qfon of regu~qla~q0~un~s for develo~qp~r~qm~e~0qM~v~e~o~0qU for research and interpretation. and information necessary for preparation ~of ci~qfre~ct~qiy ~a~q"ociated with ~tna~qj~or facility additionally, to acc~omm~q6d~a~qle a shift ~o~qf the environmental impact statement~. co~nstruc~qr~i~o~n ~q(~qi~-~e~-~, other than land the core area ~q4~qs~'~qi~qf~"~qi~qs~u~4qf~4qi~qa~qfb~qfc~q1~qqg~q1~qq~a~q1~,- The maximum total Federal ~6qA~i~a~r~q* ~qdf ac~qq~u~qh~si~qf~ql~q6~n) far4~qmy~o~ne national ecologica. ar~qle~am~qorp~ql~6q4~o~qg~qi~cal change these awards has been raised to - estu~8qk~2q*~qm ~re~s~qe~ar~qe~qb reserve must ~not which~,re~as~onat~6qf~6qt~qi~ou~qld b~qe~-exp~qq~4qded ~q1~q9~-~._ $~qjo~qoooo as~0qA~s~s~i~qc~qhbed~-~qi~n if ~4qM~2qA~qU.~'~0qO~qf~ql~4qU~s exceed,~q�~q0~~qp~q@~e~r~-oe~qb~qtu~qm~q4~qf~q1~qhe~qt~e~4qd~s~o~qf I occur. States will be required. to use amount. up ~4qU~4q1~q25~2q= may be used to' such construction or $1.~q50~q0~,00~q0~.~. scientrT~i~c.~c~rit~eria l~u just* the` 4 ~can~qdu~a~qt site selection pro~oe~qi~qi~qas-~l whichever ~a~r~q6ou~nt Isle" bounda~r~qf~q@~qi~q-~qi~qd~4q6~cted -for a_p~r~u~qy ~@~qsed site- de~s~qm~4qf~4qf~4qi~ed in I ~4q=I~4qXt. ~2qAft~e~r~qT~q4~0q0~2qA~6qA~ls ~6qF~ql~qj~qi~ci~nc~qf~qi~qd~4ql~q@~qi ~qv~r~6q@ for The information requirements for a~qp~qpr~q&~v~i~qi~ql of ~s~2qpr~ap~a~s~e~4q"te and decision Operation and ~4qM~on~a~qg~e~n~i~qm~?~qt ~q1~q1~qW NOAA a~q0p~t~aval ~qof a proposed site to ~qj~qw~8q6ed ~u~2qdh th~e~qae~s~8q*~n~atio~n ~qp~r~o~a~qn~& am~o~n~qi~qf~qt ~a~ql Federal f~qina~nci~ad ~a~-~s~a~qbrt~a~n~c~e under existing regulations were t~qhe state may expend ~q(~q1) up to ~q$~q4~q0~6qA~8qW of available ~l~qb~qd -a state to manage the. confusing and now have~ee~qn ~c~ql~qa~8qk~qf~qied~. this amount to develop the draft' r~ese~rve~'~a~nd operate p~r~o~qgr~t~r~in~g consistent NOAA ~qbas recognized ~qt~qhe need to' management plan and collect with the ~m~il~sst~on and goals of the conduct studies to develop a basic ~- inform a for prepara~qt~qf~qim of the Nat~qi~o~n~a~ql~6qE~s~qt ~'Res~erv~e~2qResea~rch description of ~qi~qle~qphy~a~qlca~qL chemi~c~6q4 ~e~n~v~qh~qu~qm~qa~n~qz~al impact ~s~qta~qtemer~qd~; a~md ~q(Z) ~qSy~s~qt~e hair been raised ~qf~qi~qr~2qd~qS~6qM~qO~4qW to and biological characteristics of ~0qf~0qf~0qi~e site. up ~q1~o the ~v~e~n~qw~qi~nder ~of available ~qf~on~qA~s to ~q$7~q0,~q000~qf~ar~qe~4q@~qtwe~qfve ~' ~qf~ql-pe~qdo~qd~q:` As a resu~ql~qL ~-~s~ta~qies may ~qn~q6~qwi~lb~e eligible c~c~qmd~qw~qA studies to develop A b~e~a~qdc Up to ~qlen I~qm cant d~qf die total ~qi~4qward for Federal fund~qiri~qg d~qi these studies after description of the physical, che~qmIca~ql~. (Federal and state) each~.~qyea~r may be NOAA~s~2qUr~a~qy~a~ql~a~qfa~2qpr~opo~se~q4 site.'.. . and b~qi~ol~qo ~qical characteristics of the i~qd~qi~qe~q: used f~qor ~qa~qmstr~ucti~o~n~-type ac~qr~av~qities~. ~q,~qf~0qq Mana (G] ~0qF~8qb~ianc~qia~ql Ass~qi~s lance for ~q.~6qS~qd~4qm~qin: Plan Development~q. ~0qFi~8qm~qac~qial Ass~qi~qs ~qk~qince Aw~qc~qod~qs for Once N~16qOAA a - ~52qW~8qi ~4q1~40q6 d s~2qi~2qf~qe P~2qp~qr0~qv ~q. propose A~qc~2qq~qu~16qk~20qW~qo~qn. ~16qD~qe~24qWop~4qm~qn~6qt ~4qm~4qd~2qb~2qd~0qlial ~16qR~qesear~qr~20qA 7~4q1~qte Coastal Zone and decides ~8qIo~16qTr~qoceed ~q'w~48qf~48qt~q* _~0q1 ~6qA~6q1~6qhn~6qq~20qWnmn~4qL 3~24q1~0qi ~qre~6qg~qL~8qdat~6qio~qn~qs divide Management ~16qReau~8qthorizat~2qi~ql~4qo~qn Act of designation, the ~qsfa~4qle mu~qst~q.d~6qe~q-v~q'~2qe~4ql~4qop a- e~0ql~2qi~6qg~6qf~2qb~44ql~0qt_~0q@ fo~6qr f~qir~4q-~qn~2qc~32qQ assistance 1~4q085 specifically affects -the conduct ~qof draft ma~0qna~2qgementp~6qlan~q.~12q1~20qb~4qe contents of awa~qcd~qo ~24qW ~0q"~16q4~16q"~4qt~2qi~qo~6qu'a~qnd development - the System~6q7~qs research pr~qo~2qgra~qinby the plan. includi~2qf~2qi~6qS ~0q1~6q[he memorandum ~8qof into ~8qtw~qo~.~6qp~4qh~qa~qses. in the ~6qinit~2qia~4ql~6qpha~qs~qe, establishing th~qe,req~qu~6qIrem~qent ~0qfar.,_- understanding ~0qIM~16qO~52qU) between NOAA states are working to meet the cri~4qte~6qk~6qia developing Estuarine ~16qRe~qs~qe~40q" and the state. are specified In ~8qth~qe ~q' ~. required ~0qf~qar formal ~qs~4qmarch reserve C~qu~6qi~qd~qp~4ql~qi~qn s for As conduct ~qo~0qf~4qmsearch regulations. The acquisition portion of designation. L~qe~q. establishing a~28q&~16q4uate ~0q%~8qii~28qf~28qf~28qi~0qin the ~6qiY~qst~qem and sPe~qci~52qbing ~4qw~4qba~4qt the plan has been greatly expanded to state control over key land and water these guidelines ~q3ha~0qU I~qn~qc~qh~qide. The implement recommendations in the ~q" ~q* areas, in accordance with the ar~qaft legislation also requires ~0qt~0qh~qe Secreta~qr~q-~qy of Office of Inspector General Report No. management plan and preparing a final Commerce to requite that NOAA. In ~2qF~q-72~4q6~q-~0q5~q-~0q010. It is proposed that -states management plan. In this predesignation conducting or supporting estuarine 299421 Federal Register / Vol. 55, No. 141 / Monday, July 23. 1990 Rules and Regulatiors research. give priority consideration to interpretive purpose, and techniques for Specific: research that uses reserves in the making available or locating i.111miation Svstem. and that NOAA consult with concernira reserve resources, activities, Sec!i*on 921.1-,klissfon. Goals, and Other Federal and state agencies to or issues); General Provisio, is promote use of ore or more reserves by (2) Development and presentation of P.-oposed�921.1(c)-One reviewer such agencies when conducting curricula, workshops, lectures. seminars, suggested the deletion of the first estuarine research. '@tence of this provision which states, and other structured programs or sen A ^I he research guidelines. which are presentations for on-site facility or field "National estuarine research reserves ref . erred to in the regJations, but are not use-, shall be open to @e public." This pirt of them, state that NOAA will (3) Extension/outreach programs: or reviewer noted that in multiple provide research grants crily for proposals which address research (4) Creative and innovative methods component reserves some components questions and coastal management and technologies for implementing may not be appropriate for general issues that have highest national priority interpretive or educational projects. public access; either because of the as determined by NOAA. in Interpretive and educational projects purpose or emphasis of management at that site (e.g., research) or due to the consultation with prominent members of may be oriented to one or more research limited interest which the managing the estuarine research community. reserves or the entire System. Those entity has in the component (e.g.. a One significant addition to the projects which would benefit more than conservation easement which does not regulations is that research awards are one research reserve, and, if practical, provide for unlimited public access). available on a competitive basis to any the entire National Estuarine Reserve This reviewer expressed concern that coastal state or qualified public or Research System. shall receive priority private person. thus making it possible consideration for funding. state denial of general public access at for public or private persons, V. Snmm such components of a reserve could be organizations or institutions to compete ary of Significant Comments on challenged on the basis of this provision. with coastal states and coastal state the Proposed Regulations and NOAA's Response. Consistent with the goal of universities for NOAA research funding Responses I. the National Estuarine Reserve to work in research reserves. NOAA received comments from 16 Research System to "enhance public (H) Financial Assistance for - awareness and understanding of the Alonitoring. The Coastal Zone sources. Reviewers included Federal estuarine environment and provide Management Reauthorization Act of and state agencies, academic suitable opportunities for public IM authorizes the award of grants for institutions, and the National Estuarine education and interpretation." public Research Reserve Association. The the purposes of conducting research and comments of the National Estuarine access should be allowed to the greatest monitoring. While objectives in Research Reserve Association (NERRA) extent possible permitted under State estuarine research and estuarine and Federal law within national monitoring are mutually supportive. are a summary of comments submitted monitoring is generally designed to to NERRA by Toot of the managers of estuarine research reserves. However, provide information over longer time the existing and proposed national the statement. "National estuarine frames and in a different spatial context. estuarine reseir@h reserves. All research reserves shall be open to the public"I does not require that all .Consequently a separate subpart comments received am on file at the components of a multi-component addre sing specifically the development Marine and Estuarine Management reserve or the entire area within the ss, and implementation.of monitoring Division. Qffice of Ocean and Coastal. boundariOs-of a single comodent' projects has been 'included in the Resource Management and are ipen to th6-&neral public reseive be c regulations. available at that office for. review upon unconditioially. The last iehtencb of (1) Financiia!Assistance_Al@d@sfolr request Eachpf the major Issues raised I 921.1(c) reads, "Consistenii -with Interpretation and Education. The by the revie-der's hasbeen 9-Triarized )tirce piatection and reie-&6- resc Coastal Zone Management iLnd.N0AA'o responses are pr6vid6d objectives,'public access 'm`sy'b6.7 Reauthorization Act of 1985 authorizes under the relevant subheading in this restricted to.6irtailln4rea's within a the award of grants for the purposes of section. research hibe7r@ve." Where 'unconditional conducting educational and interpretive public acces's is not consistent with activities. To stimulate the development General: resource protection and research of innovative or creative interpretive Three reviewers recommended that objectives as stated in the approved and educational projects and materials more emphasis be placed on developing management plan (eg., -public access' which wiU enhance public awareness an Information network among research would M-terfere with reserve research oir and understanding of estwirine' afeas. reserves and between research reserves is likely to dimWsh the value of reserve. the regulations provide for funds to be and research and educational groups."" ) it must be available on a competitiv resource's' for future research e bWs to a"y and institutions. Two of these reviewers limited accordingly. just as certain areas coastal State entity. These@fimds -aie. noted the absence in the proposed are idefiftfied in reserve management provided in addition to any'other, funds regulations of a paragraph which had plans' ii being more or *tess'sensitive to available to a coastal stite;dfiderthese regulations. addressed this subject in the 6cisdrig public access impacts in single (49 FR 26WZ June 27. 19M). component reserves. the same Is true of Categories of potential educational regulations and interpretive projects include: The deleted paragraph concerned the components irimulti-component (1) Design. development and development and Federal administration reserves'. Frequ ently In management distribution/placement of interpretive or of a research and education information plans for muld-component reserves one educational media (ie., the development exchange network for the System. '. or more components will be identified of tangible items such as exhibits/ . Response: NOAA agrees. The section as those forwhich the relative displays, publications, posters, signs. referring to information exchange management emphasis will be public audio-visuals. computer software. and between NOAA and the Reserves has education and interpretation. Similarly. m ap s, which have an educational or been reinstated In I 9?1.1(h). other components are identified as those ~0 Federal Re~qg~is~t~w / Vol. 55~ No. 141 / Monday, J~~lv ~2~3~ 1990 Rules and R~gula~ti~~~~ ~2~~9~q= which emphasize research and resource representative estuarine ecosystem that Cenerally, it is NOAA'~s belief that, protection. is suitable for long-term research and given the less- than-perfect state of Proposed � 92~1~. ~1~q(d) and ~q1921. ~1~q(e~q)~q_ contributes to ~1:~,~q@e biogeographical and knowledge regarding ~qb~ct~qh the Seven reviewers commented on these ~qt~qypoiog~qical balance ~o~qf the System functioning of estuarine ecosystems and provisions. These comments ranged (emphasis added). the effects of natural and anthropo~qg~en~qic from ~one sentence re~qq~E~w~s~qd~o~qg The primary intent of I ~q9~q=1~q(d) and change that manipulation should be clarification to approximately six pages I ~q2~2~-1.1~q(e) is to restrict and allow carefully limited within estuarine a I ~C 1 ~.~0 ~e~x of comments dedicated to these activities involving habitat m~a~aipulati~cn research re~se~rve3. ~6q0~1~1t~sid ~qC e ~n~t ~. t provisions ~a~l~lo~r~i~e~. These comments also to the degree necessary to ensure that of a carefully planned. and pee~: ranged from expressing concern or reserves a~re. and continue to be. reviewed, research or restoration objection regarding the proposed representative estuarine eco~8qMte~r~r~m. It activity, NOAA believes that habitat limitations on habitat manipu~qlatic~a to is this mission, and requirement of the manipulation for management ~qp~q@~6q;~G~s~l~^~s suggesting a more restrictive approach. statute, that the System goals of involves a significant risk to the One reviewer expressed strong 921~.1~q(b) are meant to support. This representative integrity and character of ~suppcrt for a~r outright prohibition on mission, and requirement of the statute. a national estuarine T~esearch reserve. habitat mani~v~ulation. whether for is the foundation upon which the System As a result, the p~qb~ra~s~e ~in the proposed management or research. except far is built. the primary basis on which regulations "habitat manipulation for restoration activities where such estuarine areas are selected and resource management purposes" is restoration can avoid l~o~rg-term~adver~ge designated as reserves, and the intended to mean h~F~-b~:tat management impacts. Another reviewer commented underlying principle with which all other for the promotion of a~'partic~6qJ~aT species ext~e~'~rsively on ths provis~qi~q= expressing aspects of reserve development and or habitat. or for some purpose other strong objections to a prohibition on operation must be consistent. As one than research involving or restoration of habitat manipulation activities for reviewer stated. in no case should the a representative "natural" estuarine management purposes. T~qh~qis reviewer ecological or representative integrity ~D~qf ecosystem. stated that the "preservation~" of a a reserve be comprised. habitat T~eq~ui~res act~8qh~-e management Habitat manipulation activities NOAA acknowledges that much involving habitat ~q=T~r~qip~u~qlati~on. research involves some degree of One reviewer requested ~c~qt~ar~0qf~0qf~0qi~c~at~qion conducted for a purp~o~se~other than (i) manipulation of the z~e~s~our~ce~q(~s~qj and of the difference between i~re~s~qt~ara~qti~on restoring the representative integrity ~o~qf habi~ta~qt~q(~s) which an -the ~i~mbjec~qt of activit~qi~,~'e~s and'habita~qt manipulation for a reserve or (2) e~stu~qm ~qi~nt~: TeSe~U~r~ch. are study. In this regard. ~qm~serv~e~s -are sot research or m~a~na~qgeme~nt purposes. One ~n~ot consistent w~qtt~qh ~q1his requirement of intended to be -control" habit ~a~ts Only~, reviewer suggested ~c~n~qter~qia for ass ~i the statute or the mission of the System and some degree of habitat ~ e~s~s~'ng A reasonable ~qr~u~nit~at~qior~i on t~qb~v nature manipulation is ~reco~qg~n~qb~c~ad as an. ~0q&~.~a degree of -mani~2qWla~qt~qlo~qd~".a proposed and extent ~of habitat ~m~um~q1pu~ql~ation essential, aspect of ~qM~U~6q& ~2qW~i~qp~ort~an~qt research project may involve. One activities c~ond cted as a paTt of reviewer requested clar~qi~qf~qica~qr~don of the estu~a~T~qine~'~r~e~s~e~ar~ch is mec~e~ssar~qy to estuarine research~. However. research intent of this provision ~a~nd~'how It ~qm~ay ensure that the ~xt~qy. ~sent~at~qivei~nt~e~qB~r~qit~qy activities conducted within a m~eser~v~e apply to; ~q(~1) a~c~qd~o~qn~s ~a~qwc~a~s~sa~ry to protect should ~r~qm~qt Involve m~qw~2q4~6qda~t~qi~v~e ~'~.~. ~- public health. 12~q) protection of ~a~3d~a~qt~qin~qg ~af a reserve is protected. Likewise. activities that ~0q1eca~u~s~e ~af~t~h~s~. ~ ~qi or species; mid ~q(3) ~a~ql~ql~nwarice fix reasonable except~qi~o~ns~qto these exte~n~it~;~8q*~n~n~ql~qd ~1~5~q4~q=~q1~q1~q1c~m~a~qd~qy impair the restorative activities ~ql~or~ql~qi~st~o~rical limitations on hab~litat manipulation ~"~nat~o~n~4qw~.~r~e~qp~t~e~qn~s~qt~2qa~qiv~ev~a~qlu~s~qt~qi~qm~,~4~, - activities are ~qap - ~q- ~8 of preservation. One re~v~'~sewer~sta~qt~ed that ~qpropriate for re~a~s- ~ re ~qih~ar~ac~qt~er~q) ~of the reserve. ~0qO~6qza~qhon~. ~- p~qubli~c~qte~sith and ~qT~qhe protection of other* ~qpr~es~e~a~4qb~2qov~e wha~qlever type o~qf~qta~4qb~qi~qt~qi~ql Sam N~0qO~2qM ~qi~qg~qi~qd~ql~2qAci~qi~qdw determined allowable by NO~qA~4qA~. day.',,. . sensitive resources ~q[e~6q&~a~ndan~qge~qi~q@d~ql restoration efforts may involve threate~qi~2qi~ed wild~qa~qf~qfe and ~qg~qi~qgn~4qf~4qf~4qic~ant to-day site management d~eds~qlon~s we hist~qq~ric~qal and Cultural res~o~urce~s~qI~. ~ql~qf~qf exte~qw~qN~v~s~,~4qb~qib~l~qt~at~qi~f~0q@~qd~o~qa~.~- best made by the pr~o~qf~qi~e~s~s~qim~u~qd staff of ~qact~qiv~qi~qd~Li~qs~ W~ql~en~q@~q4~stu~a~r~qt~n~e a~r~qi~es~'~qhav~e reserve. habitat ma~n~qipu~qla~i~qdan~2p~1p~p~etermined ~qt~o'~qbe - ~"~' ci~qd ~t~qhang~q6 =a each necessary w~m~qi~a~r~qg~en~e~s~o~qm~qiec~o~6qw ~6q0~ne reviewer ~tequ~e~s~qi~qa~qd c~ql~a~qki~qf~qic~a~qti~an 'in ~qi~u~ch -a -~as -then ~su~0q& activities ~i~4qhoul~qd be ~4qUm~qI~qt~e~qd ~a~qi~) as ~1~1~q6~q1 to' ~4q4~4qh~qw~a~qw ~qit~c~qh~i~6qdt~ql~es~'(~qe.g~.. of the i~nt~en of this pw~vis~qi~qm and Of lt~qb~s~.., f~t~q@~qdr~d~qlo~qgic~al ~c~qh~qm~q8e~qi~.~~ql~i~8qf~8qt~qn~' ~'~0~0~q4~q1~q1 - ~. ~; significantly ~qh~ap~act ~q1he Tepresentat~qive differences b~etw~o~e~s~s habitat ~7~. . _ ~.~. ~- ~i -_ Man manipulation for ~r~e~qw~qArc~qb~. ~0qh~qi~qb~qi~qtat and ecological inte~qgr~i~fty ~qof the reserve. manipulation for ~8qm~a~q~6qM~P~f~t~qW~n~t~ and.., ~-~2qC~O~ut~qt~0qk~2qy to ~qihe ~qn~ser~qf~qmn ~af aria etc.). ~qI~n~-~4qf~4qf~4qi~o~se are~s~t~qid~es~qi~qg~t~rated as i ~qth~a in tan of ~0qJ~e~s~qi~qgma~qti~i~2qv am habitat ~qm~a~m~qi~qj~H~qdat~qi~on~.~qA~o~r ~i~9~s~qt~ar~s~qd~a~qm~.~. ~-~L~"~:~, review~i~qm This same reviewer ~s~qb~qi~s~qi~q@~qd the ~. ~.m~a~qi~i~qi~qi~8qj~qm~qg -a research ~qi~e~qu~qme is not to national ~ag~qhu~nt~ae ~xesear~c~qh reserves, such Chang ~*~so may have diminished the importance of ~th~qi~:~qf~C~olog~qical and preserve" that p~qi~rti~c~a~qd~ar habitat In a representative Character 'and ~qI~n~qteg~0qf~0qt of repre~s~entadve~ql~n~qk~0qW~'t the site. Where ~qre~s~qt~or~ation~af such ~qy of a reserve. stasis condition. Estuarine ecosystems Respo~ns~e~v The ~8q0~8q4~qi~qi~qi~k ~8qZf the ~q1~q4a~qtional are naturally dy~nami~c~'~8q"~qt~at~s which d~qi~qgr~aded areas Is determined necessary Estuarine Re~'se'rv~e we have yet to fully ~u~nderstan.C~qL ~* ~'. w~6q1~4qd~qi~6qi~qn ~4q(~8qWs~0q;~qc~qo~qn~08qu~24qA ~qsu~qCh ac~qt~qi~qv~i~ql~qties~4qmust sta~qted~qim I ~4q9~8q2~4q1.1(a). ~q'~92qTth~2q;~q7 NOA~16qA~2q:~qs intent in designating. ~qU~qS~8qM~qS be carefully pla~qn~qne~20q& ~16qM~qu~0qdh research ~qis e~qs~qtab~qli~q-h~4qm~qo~4qmt a~qad ~0qm~qe~qo~qn~2qS~0qme~4qi~ql~8qL ~8q1h~0qi~qo~qu~2qgh areas as national estuarine research Mine Fede_ral-~qsta~qt~qe~q'~8q@~4q6~52q4~6qe~36q@~q,~2q@ ~2q6f~q_~6qj'~qn~2qjt~2qi~qa~qr~24qW reserves is to protect the r~qep~qrase~qn~qta~0qt~2qi~qv~qe~q' ce~qc~qe~6qi~qsar~6qy to date the ~q-~qI~4qwt~qura~0ql~q' I reserves character of each individual reserve and representative ~qs~44q&~4qt~qe ~qes~qt-~qi~q-e area system of estuarine ~8qi~qe~qs~6qiaic ~8qo~0qf r~qep~qr~qe~qse~qa~qta~qtive of ~0qT~6qhe ~qr~qa~4qv~qz~qw~0qa ~qr~16qWan~qs thereby establish a national s~6qy~qst, and e~qs~0qi~qua~qr~2qL~qr~8qw ~0q1~4q1~12qp~qes in ~0qt~0qh~6qj~q-~6q(~0qY~qn~4q!~44q6~0qd estuarine areas representative of the affected ~4qk~64qi~4qb~qum~2qa~6qn a~qct~2ql ~4qP Freque~qn~0qay ~qsu~40qS~qt~48qa ~76q2~q0~q]~2q@~36qU~0qt~2qiv~2qf~6qf~6qt~52q"- S~0qta~qt~ql~qes~0q' (emphasis Ad~0qded~0q@ ~6q7~6q1he first biogeographic regions and estuarine provide ~2q;~2q!~2q@~4q;~84q&~qQt ~qapp~qar~qt~qa~qg~qi ~q.IIas ~q-~2qI~qor ~q- Secretarial finding ~qrequi d for types of the United States. ~2q1~0q2~qi~qs~qse ~q. ~q. t oriented research ~q.~q' - ~q' designation, of an estuarine area as a representative e~qstua~qi~qr~2qine research ~qana~6qgeme~qn ~q. _ ~q, ~8qluest~qs for national estuarine rem.- ~2qv~qn~6qder section~q' reserves ~qT~16qhen provide opportunities for In response -to Tev~8qi~qew~qS~4qM ~4qM 315(b~4q)~8q(2)~8q(A) ~qof the Act. ~0q1~0q6 U.S.C. long-term research. education, and clarification and consistent with the ~0q146~36q9b)~2q(Z~4qI~6q(A~2qb is that -~qih~qe area i~qs~q.a~q. interpretation. response provided above, I ~q9n.~0q1~6q1d~6q) and ~0 29944 Federal Register / Vol. 55, No. 141 / Monday, j~ly 23~ 1990 Rules and Regulations I ~~~~~~(e) have been revised and education grant funds. See subparts sentence to include a reference to the appropriately. F, G. H~. Site acquisition limits are revised I 92~1.~q1~q[d~q) and ~qJ 921~.1~q(e). P~op~sed�9~q2i~,~qi~q0~q?~-~q-~q(~qI~q) One reviewer statutory. (16 U.S~.C. 14~61~q(e)(3)~q(A~q)~q) Section 921.2~q-D~ef~qin~qitions recommended that a formula be Funding limits ensure that some e~tabl~shed that would "pre-determine funding is available for those types of Proposed � 9~2~1~-~2~q(~qb~q@-lt was noted that the min~imurn level (percentage) of funds awards which support most directly the the Secretary of Commerce recently that would be set aside within the total mission and goals of the System (ie., delegated authority for matters relat~qL~-i~qg ~ to National Estuarine Research Reserves ~S~ys~e~~nl budget for specific categories generally, after designation of a reserve, (Research. Education, Monitoring. the competitive awards). As to the UnderS2c~retary for oceans and Opera tion/Management, Acquisition. importantly, funding limits are Atmosphere. and Dev~e~'~.~o~qpme~nt)~." In addition. this necessary to ensure that available funds Response: NOAA agrees with the sa-ne re~%~qi~ewer recommended that the are awarded in a relatively fair and recommended modification and has allocation of acqu~Isition/development proportional manner among national changed references from the Assistant funds should be made on the basis of estuarine research reserves. In the Administrator to the Under Secretary greatest need measured against absence of such limits. one or a few throughout. predetermined criteria. research reserves could receive the bulk Proposed � 921.2~q(d~q)~q-One reviewer Response: N~6qOAA acknowledges that of available funds at the expense of a~ql~ql recommended a modification to the under certain conditions establishment other reserves. These limits prevent second sentence of the definition of of predetermined percentages for such a substantially disproportionate estuary to include the term measurably allocating funds among programmatic 'distribution of limited funding. diluted with freshwater rather than categories could provide greater At present, some of the existing minimally diluted. predictability in the distribution of research reserves in the System are Response. NOAA agrees with the Federal funds among reserves. However. approaching the eligibility limits for recommended modification the the advantages of such an approach acquisition and facility development recommended term "minimal" should be depend on a predictability in both the awards, while most have received less the term "measurable". The definition level of annual appropriations as well as than 50 per cent. and a number less than has been changed accordingly. major acquisition and development 25 per cent. of the eligibility limits of ~0qP~qm~qPosed ~q� ~q9~q21.~q2~q(e)--~qFive reviewers needs for the Reserve system. The these type of awa~r~qd~&~q-a difference stated that some confusion has resulted uncertainties in appropriation levels and between these categories Of in the reversed order of the terms acquisition needs are sufficient enough approximately one to three million research and reserve in the name of the to make an allocation formula among dollars. These differences are justifiable System. National Estuarine Reserve the six major funding categories on the basis of relative need. reserve Research System. and the name of each (research. education. monitori~n~6q& size, property values. construction costs, individual reserve. national estuarine predesignation. acquisition/ etc, A greater difference in relative , ~- research reserve. development. operations) unfeasible. allocation of funds between reserves NOAA attaches primary importance would favor~"di~sproportionally some ~0qR~qwpo~nse. NOAA acknowledges that to ~lon~g~term support for the-operational reserves and. ~qik~s' a result. be detrimental some confusion has arisen as a result of this difference. However. this is needs at each reserve as described in to the System as a~qWhole ~' ~"~q" ~q1 ~e ~5~i~.~~' ~' ~' ~'statutory language which only can be 921.32 of these~"re~qgulat~qions. and to Eligibility limits ar~qe established for fu~l~f~t~i~l~ng the research, education and the purposes noted above and not to changed by amending the Act. son' ~qI-e~6qk~qi~qi t a~qfese rese~aS~0q&~qf~qr~q6n~q-9~q21~.~q4~_~q=~0qAe~a~qt~qi~qo~2qm~qh~q!~,~q0to~4q0 monito~qA~4q4 objectives of the program. unrea ably" ~"~' c ~qi~qi~4q6 ~r~v a unlimited eligibility for these for the from access to availa~qb~qle~'~qFederal funds. P~,~q,~,~qI~qs~qlo~n~s of the ~6qCo~a~qi~4qW Zone ~'Mana~qge~qinentAc~qL awards- On the ba~'~sis ~q;~ NO~2q"~qi exp~qP~r~I~qa~qg (2) Four reviewers expressed concern, admi~qn~, te~qr~qh~2q4~'Fe~qderal ~4q6~4q2~c~qiai or objection to limiting the funding assistance for the ~qS~qj~qit ~qi~4q" be~qc~qi ~qt~qiei 'I- it was noted t~6q6~qi th~qe existing program ~r~2q4~qi~qla~qt~qio~ns'descr~qib~qi this se~q6tionas ~il~i~qty of any one reserv of the eli~gib e under any - ~ofcomm~qi~r~qit~qif~qrom~'~i~n~a~ny ~se~a~n~.~.~ type of awa~4qa paiticul~qa~rly operation/ reserves, the eligibility ~qh~qi~n~qli for- Relationship to other provisions Coastal Zone Management Act and to management awards. These re~qv~qie~qw~'er'~s ~o~qpe~qmt~qion/ma~nage~in~'enta~'w~7a~'~r~0q&~~qW~'as - the National Marine Sanctuary comments ranged from general ~qco'~qn~eern raised to a maximum of $7~q0~6q= Pei site Program". Text describing the to recommending that a~ql~ql funding-caps per year. In response ~qto.~comm~q6~ats on relationsh~qi between the Reserve and be removed from a~ql~ql types of awards. the proposed re~qgu~qla~qdon~s~q; the e~ql~8qWbi~ql~qi~qty ~qP ~omitted~qL New These reviewers also stat~qa~`~q4 their ~7~.~7 limit for major facilii~qiy ~q6o~qhs~qt~r~'l~qi~ction has Sanctuary Programs was marine sanctua~ries~'and estuarine general concern regar~qdi~0q4 a perceived been raised ~q50 Pei cent ~qi~qn these final re~.search reserves are being designated lack of long term Federal financial regulations (see response under in close ~qge~o~qg~qiaph~qic Proximity to one commitment to the System~. - proposed 1921~4q3~q1 below). another and therefore improved Response: -Annual a ~qj~qr~4q5~qo~2qt~q@~q4~6qi~c~n~q@are ~'Pr~qposed~q�~q0~q2~q1.1~8q&~q@~q-~6q@~q6.~qt~qiview~e~qi ~qP grams ~8qp~2qp coordination between the two pro limited. not ~qu~qn~0qli-ited. ~6qF ~qe~0ql~52qW~4qb disagreed with the requirement that land limits f~qcr each reserve h~4qi~0qV~qe~q- b~6qe~qe~32qi~q'~~q- already In a protected status can be iswa~qr~qr~q-~2qint~8qid. s. ~12qT~0qhe revision established in re~2qg~8qulat~2qlo~qi~6qns~q' `~56qo~qn~8ql~0qy~q"~q,~qt~4q4~4qh~6qir~q_e included within a reserve 0~- nly if the ~32q4~q'~20qAe~q8~12qP~q*~q0~q'~qn~q'~q8~4qW NOAA agree determined appropriate and necessary managing entity commits to long-term ~2qL~q. of the section h~8qiad~8qi~0q6~8qg and text should for the establishment and on'-going non-manipulative management be adopted and str~8qin~6qgthened. 'Me ~36qr ~q-mat~8qion from the ~qo~8qi~36q&~qs~qs~qion of this ~6qInfo~2qz support of the m~6qIssion ~qa~q@~0qnd ~4qjoals~q'of the ~16qRespons~4qw NOAA believes this ~6qiano~q* ~2qight- System. These regulations establish. requirement Is necessary Consistent proposed regulations wa vers annual eligibility l~2qi~qrn~2qits for operations with the mission and goals of the - The section heading ~4qa~qnd text have been ~q(~q$70,000 per year. per reserve) a~6qiid System Essentially this Game subject is revised appropriately. program-life limits for site acquisition discussed in the response t~qo comment$ Sect~6qi~q-on~q'~q.9~8q2~q@~q-~4q1~q.1~q,~8q0~q,~8q-~q@~q,4~0qC~0q;ene~4qm~8qi~q. (~q$4 million per reserve). Funding on proposed I 9~4q2~4q1~q.1~4q(~0qd) and I 9~4q2~4q1.~4q1~4q(e). In eligibility limits have not been order to clarify the intent of this ~q. ~12qPro~8qposed�9~0q2I.~qi~0qo~6q(~qa~6q)~q.~0q-~2qFive reviewers established for research, monitoring~q. provision. NC~0qIAA has revised this objected to two or more states which ~0 Federal R~~q&~t~w.~ Val. 55~ No. 14~1 / M~nd~~y, July 23. ~1~9~q% ~qX-~~le~ and R~~q4~~ia~�~i~~~a~ 2~q2~qM share a biogeographic region being The remaining reviewer rec~amme~nded Post site selection. In addition. however. limited to the de~velop~qme~i~qn -of a -single extensive revisions ~l~o the-subsection to under the new subpart G, N~8qOAA may reserve, even if it was a mul~t~qicomp~onent provide guidance on where habitat provide ~qf~qf~na~ncial ~assistance~-~an a reserve with components in each manipulation would be allowed. competitive ~qb~z~s~qi~3 -fur each phase ~of a respective state ~qfe.g~.. Maryland and Response: After careful review of this monitoring program. These grant awards V~qi~rg~qu~iia in the Chesape~ake~2qMay subsection. N~2qUAA do" not believe that will be separate from ~T~qhose provided for subregion of the Virginia biogeographic the buffer zone concept -should be estuarine research under subpart F~. region). These review r~s specifically deleted or that substantive revisions are Section ~q221~.13~q-~i~2qW~an~qggement Plan and objected to the elig~qib~qU~qi~qty limit on land appropriate. The basic ~app~poach Environmental Impact Statement acquisition funding (see ~q� ~q92~q1.~q1~qU(~qb~q) and presented is sound. A critical concept Development ~q1921.20) as it applies to any ~qind~qividual and distinction between the two areas reserve, single or multiple ~r~o~2qmp~onen~qt. which may~-h~ave been overlooked is that Proposed � ~q92~q7. ~1~q3~q(~d)~q(7~q7-Th~ree Response~: NOAA agrees. Some of the key land and water areas ("core") -and -a reviewers provided comment on the System's biogeographic su~qbregion~s~.are buffer zone -will likely require acquisition plan guidance of this represented by more than one reserve in significantly different levels of control subsection. Two reviewers requested more than ~one state. Asa remit In the (see ~qJ ~q9~q2~q1.13 ~q(~a)(7~q1). In addition to the additional guidance -on what constitutes case of a biogeographic region (see basic principles e~stablished.in the "adequate state control" and Appendix 1) shared ~qby two ~ur more regulations, NOAA has developed more commented that the requirement to states, each such state should be eligible detailed boundary guidance which is assess the co~at~,~affect~qi~ve~ness ~of control for Federal financial a~ss~qi~a~tance to available to states attempting to conduct a~qllemative~s is ex~c~es~s~i~v~e~ly~0qburdensome. e s~qtabliah a national estuarine research the difficult pr~oce~s~s~-of boundary The remaining reviewer stated that reserve within their re~spect~qi~vep~ar~qti~on delineation of a proposed -site. having four n~qii~0qMon dollars ~qi~qn funds of the shared biogeographic region. ~6qP~r~p~2qposed~q�~-~q9~q2~,~q1.~q1~q1~q[~c~q)~q(5~q)~-~-~0qO~ne reviewer available for land acquisition is not Section ~q92~q1~.1~q0(a~q) -has been -amended to recommended emending this sits consistent with the-requirement to reflect this revision. Because of this selection pri~n~c~qipl~a~qto include "the conduct an assessment o~ql~qi~qhe cost revision. the phrase which begins "In support ~c~ql~an~qg~aing~o~r Planned effectiveness ~a~qfac~qqu~qisition alternatives. the ca~3e of a multi~c~Gr~ap~o~nent ~n~g~qti~onal mana~qgeme~n~qt-~a~l~qmde~A In~. nearby Response. What constitutes estuarine* ~* ~I'~l~qi~n~qj~qo~8qn-~q1~q0~q(~a~q)~,~q1~q9~2q=3~q1~. estuaries, including these 1~n.~qthe adequate State ~i~c~e~ntr~ar Is dependent and I ~qQ~q2~q1.3~q2(~c~q) ~qis no longer necessary National Estuary Program." ~onsite-~speci~qf~qic~c~qi~qbc~ t~a ~i~s~s-a~nd and ha~sbee~n deleted. Response; NOAA considers' requi~teme~nt~s~.~'~0qM~e~r~qmo~st-e~4qf~4qf~4qi~0qde~i~rt ~u~se~-~of Proposed ~q�92~q7.~qY~qO~qrb)-T~;wo reviewers ~q92~q1.11(~c)(5) to encompass this concern -Sable commented that NOA~6qA should c~o~n~6q6der in th~art~-~q1~qh~e ~0qStat~e~qls~-~re~qq~0qW~r~ed to ava~d ~-~a~cq~qu~qi~s~qi~qf~qi~e~n funds can only be a higher eligibility limit ~G~r relative demonstrate ~qb~c~rw fhe proposed ~i~6qf~6qt is ensured ~qlh~qw~u~6q& ~q4~4qW ~qi~qd~e~4qm~4qA~c~s~ql~qlen -of reasonable control~, or acq~u~qi~qs~qi~qlt~qh~qm greater~'funding~'~qfor a~qmard~s~qto mul~qd~. consistent with existing and potential alternatives and an assessment of their component ~tes~erv~e~s than't~o single land and water uses. ~6qEd~qth the ~n~3~4qk~6q%~v~e ~c~t~qm~8qu~qm~qd ~a~0qf~0qf~e~c~qO~ve~nass~. This c~ompa~me~n~t~ze~ser~wa~s. designation by ~8qN~8qOAA~-~ef ~&T~qe~serva does ~n~ot~3~qm~u~ess~a~r~qi~qly~ine~an~qih~a~qt~qthe lead Response: ~0qW~4qO~6qA~0qA disagrees. F~qundi~r~6q% u~n~4q&~r:~8q&e Ac~qi~l~e~n~qd~.~qm~q-~an~ia~i~qg~ement plans co~o~qd~qy ~ap~2qf~2qi~an In ~0qA~u~qlla~n~s~qi~s ~qt~qh~e ~qal~qt~em~qw~2qb~qa for ~qt~qhe System is l~qi~n~i~qf~qted. A Sta~4qU ~elec~8qf~8qt dev~vloped~q4h~qwu~qS~4q1~q4~qh~e~q19~qd~6q&~qf~qi~4qd~2qBs~qf~qt~qW~qy to ~i~st~a~qb~ql~qi~qdl~i a mult~qi-~c~o~n~qq~y~on~e~qut~ze~ser~u~e Program d~qU~qth~qi~?~6qU.~qS~.~1~2qW~0qA~'~q4~qi~qo~q;~qw~qb~2qm~q?~qf~qt~e~qd ~Q~r~qvxp~qm~Td it single cam h~o~qw~e~%~q~qm that ~v~4qI~r~ea~s~o~qm~4q& ~q=~n~qtr~ol p~o~n~e~nt~-r~es~er~ve' to t~qhe~0qS~qt~a~8qk~qi for a ~z~qoiet~qir~8qm~qin~e~qii~qi~in ~.~0~q1 alternatives -should be ~qth~er~ou~qshl~qy with ~0q*~4qM ~4qb~qm~v~qF~0qk~2q*~u ~i~p~4qf~4qth~e ~q1de~n~q1~8qT~qa~4qW~'~r~'~_~, consistency under section ~qS~8qO~q(~4qO~q(~ql~qi~qv~qi~qf ~$~, examined and ~qS~qhe~qirze~qlat~qt~i~qe c~o~st~s,_~1 e~qf~qf~qgf~q6~8qW~qhm~1~0qN ~o~in ~qk~i~ny t~n~c~qf~qi~;~qi~qf~qd~qi~n~4q& the Coastal ~qZo~n~e~:~2qM Act ~qi~0qd ~ identified. ~qT~qh~e~8qJe~v~e~qi~e~qpm~e~nt~@~8qd~qzn reserve, whether, single ~or~qmu~ql~qd~qi:~q11~9 ~q1~8qW~q2~.~q2~5 ~qam~qm~id~ed. ~6qN~0qO~2qA~6qA views this compo~n~ent.~'E~qa~qt~a~"bl~qi~e~ql~qlng ~i ~ e~pa~r~a~qle-~'~@~qL ~-~j, ~q.~q6~a~qh~6qv~8q&~8q6~, ~q=- an ~qe~4qn~s~e~6qf~6qt~qw~0q6~c~a~qm ~4qU acquisition ~qp~ql~a~n~ql~a ~a~n~4~4q&~qwable -cost fu~n~qd~qi~n~qg~e~qt~I~qg~qIb~0qM~qt~qy I~qf~qt~ni~qts Tier, or ~q&~I~a~n~i~l ~qi~e~ql~e~van~qt ~z~a~a~qi~qid ~z~q@~nd ~n~4qw~q1~qi~on ~qA~Q~qUa~qm is ~qA~4qW ~A~4qi~i~qi~a~4q"~0qW -but is d~qispr~opo~pti~o~n~sil~qly ~qT~qun~qd~qI~2q4 ad~va~n~c~et~qh~e Mon th~qi~qi~4qQ~qb~2qf~2qt~'1i~qim~qiL~qf~er1a~nd ~acqu~qi~qd mul~qfic~emponent ~P~eserve~s w~o~u~ql~qd~ql~y~s -estuarine fund~e~qf~o~qia~ny~o~n~qs, ~6ql~e~qg~a~r~qd~qi~e~s~s of likely ~qlo~'h~a~ve -a significant ~v~qilv~er~se ~qh~qz~qlu~qdiv~6qi ~4q&~qM ~4qd~-~4q&~O the ~qM1~1m~qm~qt Of ~8qb~ad~qi~ng~0qi~v~qi~qfl~8q&~e~6q4~k~r impact on s~qingle~,~qc~omponent ~qm~s~E~qw~qi~4qs~'~- P~rogr~am.~4q7h~e~r~e~qfa~re.~,~qJ ~0q=A~q1~qJ~qq~8qO~q) has and. as a result. (he Sy~qi~qtem ~2q" ~-4 ~w~4q&~4qA~L been amended ~1t~o Ina~~qM ~2q"~c~qif~qic bind a~c~qq~qu~qi~si~qt~qi~an. a ~q(~qh~or~ou~2q& as~qi~e~s~s~qme~nt I ~8q&~e~q3~r~cost Further. acquisition and development our Intent that ~i ~sit~e~e~q4~qp~qp~e~0qd~'e~s~qtua~i~rine of a~G~qq~n~q1~s~qi~qt~qionalte~r~n~a~qt~qi~qves an~c funds are ~qli~n~qf~qited~,b~qy ~0qf~0qf~0qi~qp Act; m~ana emen~qt ~O~6qw~ec~2qo~qn~s~. effectiveness Is necessa~ry~'~6qW ensure ~q9 ~i~qb~ql~e a~nd ~v~0qN~qi~6qde~n~qt use o~4qf~0qFe re~s~qp~on~s~i d~era~ql ~6qS~O~qJ~qA~8qW~0~2 funds. Ate minimum ~q1he ~qIlegr~e~e o~qf Section ~q9~q2~q1.~_~q11~-~q@~0q@ ~0qSec~qd~qd~q@ ~8qW~8qJ~2q&~q-~0qP~O~&t~0q5~1~*~8qb ~qS~e~ql~ec~6qd~O~qf~qf ~qgr~sm~qt ~6qP~h~q;~q=~ed ~q� ~q0~q2~.~q1~.~q1~qj~q(~h~q]~q(~8q2~0qp~-4~0q0n~e ~r~e~mie~qw~qn Proposed ~q� 9~q21.12~q(a)-Two reviewers state -control mu~4qm-pr~ov~qid~e adequate r~e~amnm~e~nd~ed~-~qd~a~it~-~@~0q&e~qlast~,s~qa~4qg~enc~e~8qt~e recommended a ~2~ep~a~m~st~e ~-~q1~2q"e ~i~4qd award ~q1011~q8~q1~6M~'Pr~Ot~e~`~-~6q@~4q" 'ensure 1~qb~r revised to A ~qx~20qd~qer~qenc~qe to-&: fo~qr~4qm~qc~0qa~8qf~8qt~qor~2qt~qa~6qg~4ql~6qiz~qat~qu~0qmil~qdp~6qw~qa~0qWe~ql~qo~qn~16q&~q@ reserve ~re~s~cur~ce~s a-stable ~e~nv~qir~o~qmn~e~rd ~qV~q4 term support for these activities. f~qo~qr~qTe~qsea~qr~6qd~4qh~4q: A~qi~qmpa~qn~qs~qe.~q, NO~16qAA~qa~2qgm~qe~qs ~4qt~4qhat~qa ~qa~qn~qin ~12qR~qe~16qV~qo~qn~qse.-~12qW~16qOA~16qA~.~qs~6qgre~qe~qs. A mew Pr~qoposed~8q�~04qM. ~6qe revision ~12qU~qz~qi~qe~qcess~qe~q7y~4q1o ~qc~20qU~qm~20qO~16qrth~qe~q" I I ~qsub~8qp~qa~qrt~qI~20qG~q-~20q4~6q8~qo~qz~qi~2qf~2qt~qur~6qin~2qg~4qIr~qs~qs been added rev~2qiewer~qv~0qi~qsted~6qth~qet~2qI~16qMA~12qKs- of this ~qse~qn~0qt~qen~qr~4q&~20qTh~qe~4qm~qnt~qim ~8qIms~28qb~qee~qn to the - ~4qi~6qf~6qf~6q6~4q=~8qJ~qY~qu~4qbpa~0qf~08qW~56qG ~qi~4qmd ~16qN df r~qe ~8qt~qo ~8qki~ql~0qi~0qk~qe is ~q1~4qw~qr~qi~2qd~6qi~qv~8qi~qency revised Ina ca~qn~12qd~qatent~0qw~28qf~28qt -~q7 ~qL~qU~qW .. ~qJ~q"~qW ~qsh~4qbu~0qla~24qle~qi~qn~qea~qs~20qaear it& 4 early in ~4qth~qe~qv~qe~2qf~2qf~24qd~12qM~qO~qD~6qO~q.~q,~q:~q;~qz~q@~q'~q, corresponding ~qc~0ql~qa~qx~6qi~52q4~6qing ~q.to rele ~q8~2qi If f~6qhm ~12qR~qa~4qgp~qo~qi~qrs~0qi~q-N~20qO~16qM agrees. ~q.A r~qe~4ql~6qa~qre~qnc~qe I ~4q9~4q2~4q2~00q1~0q1~4qd~0q)~q.and I ~8q9~4q2~4q1~q;~0q2~0q(e~36ql re~qspective~4qi~08qr~q, -~4qd~4q4~qr~qi~ql~4qm ~q-~qnu~24qmberi '~q" Pr~qo~2qp~8qm~qe~0qd~4qi~08q=~08qm~0qt~qu~0q)J~8q2.~8q@~24q@~qr~qe~qe being renumbered -a' ~4qly~4q). ~20qb~6qa~8qt~28qW to I ~08q=~08q3~48q0~4q) boa ~24qU~qien~qa~8qdde~8qd'~8qt~qa ~20qf~20qf~20qi~4qn reviewers ~qc~6qm~qw~4qm~qe~6qw~qe~qA~qmn ~0q1h~qe~qco~qn~qc~qe~8q;~4qf~4qt w~q3~4qf funding ~0qfor~0qba~qsic~q, ~qa~0qt~2qi~qo~qn of ~0qi~4qbe subsection to ~20qda~qr~8qi~0qf~8qy ~16qN~16qO~16qA~12qK~qS ..core" and ~q'~6qt~6qw~16qH~8qw~q"~12q*r~q&a~qs~q,~qor~q-zon~qe~qv. ~12qT~qW~4qW ~6qE ~8qj~qe~qo~6ql ~qch~qe~0qm~4qi~qc~28q4~6qa~qnd - consistency ~20qA~qst~qe~qr~0qwh~qi~qat~8qi~qo~qn of these r~qe~qv~2qi~qew~qer~qo~qx~qa~qc~qamr-d~qed ~2qfolo~2qg~0qic~qa~4qL~qc~0qhaTac~0qt~qe~qr~2qi~qefts -of ~4qT~0qh~qe ~q6~2q1~08q% ~0qW~8q111 responsibilities ~qea~0qf~0qly~6qi~qn~q.p~qrep~qa~qr~qa~08qM~qo~qn~q:~0q6~8q1~2q! deleting the concept ~qaf~qa bu~16qf~16qf~qerz~qo~qn~qe. continue to be provided under ~6qi QUM~2q- the management plan. ~0 ~~~46 Federal Register / Vol. 55~ No. 141 / Monday, July 23, 1990 Rules and Regulations Section 921~.20~q-~2qG~en~e~ral Section 921~-30~q-~2qDesig~nc~tion of National Section ~q921~-32~-~-~-Oper~ation and Proposed � 921~.20~q-Two reviewers Estuarine Research Reserves Management~, Implementation of the requested a clarifying revision to the P~qXDos~ed � 921~.30~q(c)~[~q-Two reviewers Management Plan last sentence of this subsection; the provi~q@ed comments on the designation Proposed � 921.~q3~q2~q(~a~-~qd)-Seven addition of the phrase "to a coastal criteria listed in this subsection. One reviewers objected to the eligibility limit slate." reviewer recommended a change in on operations and management awards. Res ~~orse: NOAA agrees and the (a)(4) at variance with the Act. The They noted that the statute contains no sec~~c~ has been revised accordingly. other reviewer recommended an provision for withdrawal of Federal addition to the designation findings to support for continued operation of the Sac' ~~`on ~q921.21~q(e)~q-~qI~ni~l~qi~a~ql A cq~uisi~qtion include a requirement that. in the case reserves. The termination of Federal C~7 ~d Development Aw~c~:~-~qds of a State which contai~r~s, ~qin whole or support for ~the individual sites is viewed Two reviewers provided comment on part. a national estuary program as a lack of Federal commitment to the this section. The first reviewer convened pursuant to section 3Z~qO of the long-term maintenance of a requested clarification that ~0q&~.e provision Clean Water Act. suitable consideration representative system of estuarine regarding de-designation of a site has been given to integration of research research a~nd education sites. applies only to properties acquired with and public education programs of ~qt~qhe Response. The Reserve Program was F~~deral funds. The second reviewer estuarine research reserve and the designed and continues to be a State~@ stated that the provision to compensate national estuary program. It has also Federal partnership. The key to this the Federal government for ~qIt~s share of been noted that the final management partnership Is the requirement that the acquisition cost in the event of de~. plan as the governing document for NOAA share with the State reserve designation. may be contrary to overall subsequent operations and management program the financial needs associated coastal protection objectives because of the reserve should contain the signed with site designation. land acquisition. the state may have to sell the property designation findings. Subpart (a) of this research. education and operations. to development interests in order to fully section should also be revised to show As discussed previously, appropriate compensate the Federal Interest. that the Under Secretary is responsible eligibility limits ensure that funding is Response: Regarding the first for designation of reserves in ~* ~*I available for competitive research comment NOAA does not believe accordance with the delegation of that education and monitoring awards. It as authority from the Secretary of some reviewers suggested. NOAA additional clarification is necessary. Commerce. removed the annual monetary ceiling for This subsection states specifically that Response. The terms for desi~qgnat Iion operations and other awards. an these provisions apply to "any real - of a National Estuarine Research inequitable and disproportionate property acquired in whole or part with Reserve are set forth in the statute. distribution of the limited f~ands for the Federal funds Ile second NOAA agrees that research and program could result. Annual commenter acknowledges correctly that education programs should be operational eligibility limits in addition' these'requirements are designed to integrated between the Environmental to ensuring the availability of funds for accomplish the goals of the National. Protection Age ~n~qc~8qys National Estuary competitive projects provide a stability and even d~qis am Estuarine Research Reserve System and Program and NOAA'~s National IV_ tr~qibut~qion ong designated that this provision helps* insure that Estuarine Reserve Re~ge~a~qn~qh ~qSy~st~e~in~. and developing reserves. Consequently NOAA~-~ is retaining th~qe ~6qf~6qt~q@bil~qity limit of reserves maintain t~qh~qe~q4~qi~qindards ~`~-~'~"~q9~0~qf~t~3 'This-effort has- 'already ~@~q6~6q@lated ~- established for the ~system~.and, if they $70~,000 for~'op~q@~ra~qf~qion~s ~qa~nd m~i~'~qa~n~qi~qg~qemen~qt through a memorandum o~qf~A~qs~,~.~r or per ye do not. that a ~qper~centa~qg~qi of the fair unde~rs~qt~qindingb~qit~8qw~qo~qo~4qd programs ~@a~qi ..Per site concurs ~qi~q;i~qih ~qt~qhe rev ~qiewers' market value- to ~qs~qi~qf~qi~qdlabl~qi t~q6~-oth~qi~qi~'~-~s~l~o~. the N~qit~qiona~8qU~qbvel and is being pursued NO~0qAA re erves. It should al~qio~'b~qi ~qt~qio-~qt~qed that -at the local level. where appropriate. assertion that~.th~~e~.s~qtatut~e. does not direct. the Federal Govei~ni~qie~'~qn~q(to a~2qV~8q6~4q6n Its these ~O~o~6qAsi~q@~qns a~re ~qn~qot ~qne~'~qW~0qA~I~nid ~qh~qi~q4~qi: Theref~o~qm'NOAA believes ~qi~qt ~qd~qdes not _support and financial commitment to been in place since th~qe inception of ~h~qe require restatement in the ~8q0~q6~q8ra~rn~. reserve operations at, the conclusion of a Reserve program thr~qdu~qg~qh~qi~r~a~qi~qi~i~qi ~"~' ~'~"~' regulations. How~qiv ~i~qi~qi'NOAA agrees prescribed period of time or when an ~. I directives contained in OMB Circular A- that the mana~qgem~qi~n~i~qf plan should bitrary cumulat~qive~'~qfundin~qg ceiling for 102. The provisions in the Reserve contain the findings of de~s~qlg~q6at~qio~n~*~qs~ind or taken ~c ~"~2q"m~qi~qli~- the regulations should show that the Federal support of operations has been, regulations are ~qlirectly ~e ~, met. By imposing a f~qix~Cl~qed dur~qit~qi~o~8qd~qf~o~r A~102 Circular and apply ~qto ill ~r~8qW Under Secretary is responsible for I ~qM Federal support of Reserve operations property acquired in wh~o~'~0qG~qo ~6qV Part with designation. The regulations have been NOAA may undermine Its ability to Federal funds. It should ali~qi~qi be noted revised accordingly. participate effectively with the Reserve that there are other~~qalte~q* section ~q9~q21~q-~4qn~8q-su~2qp~6qp~qlem~qen~qtal ddres~s coastal and estuarine from sale of the prope' ~8qt~qof~q@ -A~qc~48qW system to a s~0qi~20qdon and Development Awards management issues of national de-desi~2qgnation the sta may tide ~q- : ~q- ~q1- -~q:~q,-~q, - significance. The previously proposed' or transfer title to the ed~0qe ~4q@~q- ~q* ~q- ~q*~- ~0qP~6q@~2qO~6qi~qj ~qose~24qd~8qJ92~8q1~q-31~8q-~6qF~qOu~2qi~6ql~6qiv~0qiewer~4qs three you support per position a~0ql~0qlocated ~q-~q. ~q, ~q, P government.. In these ~qs ces ~0qi~4qt is expressed concerns that the e~4qll~6qi~4q0~8qbili~4qf~0qi through a $420,~12qW~2qo operations ceiling limit of s~16qu~12qmooo in Federal financial ~6q7~q7 also established a complex and Likely that the resources of the reserve could continue ~6qto be p~qr~qo~0qtecte~q'd~6qL Wh~6qi~4ql~28qi~q'~6q7~q4~q, assistance for facility ~qco~6qp~qst~qru~28qaon may ~q- burdensome a~0qdm~qi~qni trat~2qive process none of these alternatives are not be adequate to meet anticipated which is further complicated when inexpensive they do, as noted by the longterm needs and ~qsh~0q6u~4qldb~qe allocated among Reserves which have ~6qIncre ns support. commenter~q. help ensure that the site asedorel~qi-~qin-ted~q. already received operati~qo continues to be managed and - ~q- ~q.: ~q- ~q- Response. NOAA agrees. The and the newly designated sites which maintained ~6qIn conformance with eligibility limit for facility construction have yet to receive such ~qsupp~qor~0qL To ~r~na ~o~q.~8qf~8qt ~6qWde WAS; to ~0qF ~2q:~2q1~4q1~52q1 in tan research reserve goals and objectives. has been increased 50 percent to simplify, streamline and improve $~4q1.~4q5~4q0~4q0~q.~8q0~8q0~4q0~q. NOAA~q'~qs effectiveness in support of ~0 Fe~d~r~qd R~Z~qT~1~ter / Val. 5~5~ No. 141 / ~@~qMond~y, July M~ ~1~9~9~0 Rules and Regulations 29~947 Reserve~,aperat~qi~on~s. the t~qh~r~e~e~-~qyear with the program goals as specified in on these issues. Therefore, ~4qNO.A.A does restriction and ~oth~er~-r~e~qfer~er~rc~es to ~q19211 of these regulations. The five not agree that addi~t~qi~o~r~i~al ~r~recha~n~qi~s~qms cessation ~of Federal support for g~oa~ql~s~*de~scribed in this section a~ie for d~ispru~te resolution are warranted. operations and management at the nearly identical to the criteria pr~op~c~sed Proposed � 921.40(~e~q)-T wo reviewers reserves have been removed throughout by one c~omment~er. ~qT~qhe c~o~r~-~r~nme~nt~er recommended a n~qi~ne~t~qy-d~a~qy ~r~e~qqu~i~r~-~-~qme~nt the regulations. added cost-effectiveness in using ~qf~:~)r State submittal of an annual report Sec~t~qi~c~n 9~21.33~q-~2qD~aun~d~qb77 ~6qC~q@~q=~-~,~.-~e~s~, Federal funds as an additional criteria instead of sixty days. which, while not directly stated as a ~1~1~.~1~7~?e~n~qd~@-~,~.~'~e~r~7t~s to the ~8qM~qm~c~qg~e~q=~e~n~t A~'= ~qR~aspc~r~s~e~. NOAA agrees. ~qS~e~c~t~qi~an prc~qgr~a~in goal in the re~,,~qn~i~qlati~ons is ~9~21.40(e) has been revised ~aC~-~C~1~-7~qdi~7~1~c~,~'~V~, ~C~r~IdA~qddit~qicn of ~8qM~u~ql~t~@~qp~qle-~s~qi~qt~e implicit ~qL~a any evaluation ~c~qf efficient NOAA ~a~ql~.~,o notes that this sec~t~;on ~0. Com~qp~qm~7ents ~r~z~a~r~agement of the total reserve indicates t~ql~:at inadequate ~ar~in~ual reports Proposed � 9~q21~.33~q(~c)~q-~-Oue reviewer pro~qp~qp am. %rill trigger a ~q@~0qA scale perf~a~qm~ance re~c~c~a~imend~ed de~qle~qU~on or substantial It is n~Gt feasible to establish a evaluation. This provision is no longer modification of ~qt~his subsection to checklist for any evaluation to needed since ~q� ~q921.32 has been changed recognize the State's right and ability to predete~r~n~iine what constitutes adequate to provide l~o~r~.~q3 term eligibility for aI~ppr~opr~qiately plan and legislate its legal versus inadequate performance. Each ~opera~l~qU~o~r~ns ~r~upport. Ev~a~qlua~qto~ns c~-~har~qge-~q-the research reserve. ~qI~n reserve has very unique ~ad~qmin~;strat~qive c~-r~ise~qqu~ently will be conducted summary, this reviewer objected to structures, environmental re~a~r~L~rces~. and generally at least every 3 years. The N~6qOAA's approval authority/ corresponding management needs. statement lies therefore been deleted. requirement for activities discussed in NOAA views the eva~qluatio~z~i process to this ~sub~qoc~qti~on. The reviewer suggested be a highly collaborative effort with the Section 921.50~-~-Gener~al that It should be sufficient if the State State such that the evaluation can be ~6qN~oposed ~q� 92~q1.5~q0~q(~6~q@~q-~qFo~ur re -viewers provides NOAA an opportunity for used to fo~c~=~s an pa~r~qd~ru~qlar and specific commented on this subsection. Three review and comment on proposed pro~qh~qi~qm areas. It is not appropria~4qt to reviewers recommended that research changes. attempt to construct a ~q1~q1tr~im~s test for ~qf~L~inded under this subpart be allowed in Response: NOAA disagrees. NOAA is inadequate or ~ad~e~qq~u~at~o performance an area larger than the b~oun~qd-~qm~qi~e~s of responsible for Federal oversight of the which could reasonably anticipate the the research reserve. One ~of these System and each designated research substantial ~va~qde~qly ~o~qf issues t~6qW we reviewers also recommended that the reserve. As long as a State wishes for a add~re~s~qm~qd in the ev~a~0qkat~qb~q= ~qp~r~o~c~e~s~q& managing entity of ~qthe reserve approve reserve ~qlo remain a pad of the Sy~qrte~in NO~6qAA would be justifiably ~r~c~qi~qt~qI~C~E~-1~q0~qi for ~a~ql~ql research prior to NOAA funding. One and to retain Federal de~s~qi~qgna~qf~qf~ort. applying an artificial measure against reviewer expressed concern that funding NOAA will continue to require Federal unique and ~s~qike~-~spe~cif~qic ` ~n r~y stances. eligibility ~qis tied to NOAA approval of ~i~t approval of changes in that research NOAA agrees with the comments final management plan. reserve's ^boundaries and management. made regarding participation of other Resp~o~nse.~-NOAA agrees that greater ~0qCene~r~qi~l~ql officials in the evaluation process. Stich ~qf~qle~)d~qb~2qf~2qt should be provided for the .- officials provide ~re ~Id~at~qi~ons to area in ~qw~qb~qich ~6qW~e~r~al~ql~qy funded research Proposed ~q# ~8q=~q4~2q4 ~4qf ~4qN~qZ~0qA~q4 and NOA~6qA6~-~o~n specific i~a~s~q@~u~qa In the � ~q921.42~q-Sev~er~0qd ~m~qa~q4ew~ars ~' ~ ~. evaluation~. To ensure dint Reserve under this subpart -may be c~qmduc~qted~. recommended ~8qM~r~A~qf~qi~a~n~;~o~4qUl~k~qw~o~. p~ar~som~qs~el are directly t~nv~o~qb~qmd ~qI~n Tits regulations have been revised to ~Cr~qi t~e~g~qia to be ~qc~i~e~qd ~qdu~gin~qg ~q#~er~qf~uz~z~i~t~qw~i~c~e~" selection of the eva~4qh~w~6qW~or~t team ~z a~ql~ql~ow research activity In the immediate ev~ah-~O~nr~u~t J~qp~e~i:f~o~tm~v~q=e ~c~qn~qI~a~r~i~n should I 921.4~q0~q(c) has be~e~qnr~evi~a~od~t~o~qJ~ud~qi~cat~e wa~qters~qbed of the reserve while ~s~qt~qU cl~ea~r~2q*~s~qt~at~e~qm~qi~z~at~qa-~d~i~f~id "'a ~-~@~q@ -~;~;~l I ~q1~1I~II that NOAA will ~c~qo~qns~qi~qAt ~V~6qA~0q& an or inad~2qM~at~e ~qp~er~qf~qArma~n~c~i~p- One request re~c~omm~e~nda~qti~cris from the - activities to be co~nd~qi~qc~qte~qd within f~qh~a co~qm~qm~e~n~qter ~qp~qw~idd~ed~qal~ql~qst of items Reserve on the appropriate n~o~n~-NOAA boundaries~. N~0qO~2qM also agrees that the ~qm~a~r~qm ~e~n~4q*~,~O~qf the Tom" ~S~qhou~0qW suggested ~qf~qir~qi~n~qi~ql~t~u~qd~c~qa~qi~n an evaluation~- part~qk~qF~qi~qp~ents prior to the eval~u~s ~t~! d~qire~c~qd~qV~qi~n~qd~qica~qt~qs appr~o~mal ~o~r Th~r~qm ~re~:~v~6q*w~v~qn~q=~a~qd~e~.~s~v~6q=~e~0qWi~o~n~q@ an Therecommen~qd~a~qtion~qt~qh~e~qIt~qt~qh~e~~8qZ the composition of. the ~*~v~a~qlm~irt~qi~on t~q- d~qi~llap~qpr~qw~a~ql~c~qi~0qp~r~o~qp~o~v~e~qd ~qii~rch~' evaluation ~o~qn~an~in ~qa~qm~qdina~qt~qi~l~a~n project. ~0qCl~a~z~z~e~n~qt~qly each ~s~qi~qm I a Is recommending ~n~o~n-~qFed~a~qn~qd andp~2qd~v between t~qh~eRes~qm~ve~ql ~q9~' ~qmd other individual participation while another coastal research e~4qf~4qf~qm~8qU is fi~6qf~6qt -~ ~ ~~.~. ~t~a~qq~u~zs~4q*~qd to ~qmviev~r and assign ~qp~qf~ql~u~qd~8qV com~m~ie~n~qter suggested the re~qg~8qWat~qi~o~n~e ~c~o~n~g~qig~qt~a~ut with NOAA ~o~qb~qjec~qt~qf~i~a~e~s ~qb~qw Abe. ~,to research ~qp~roj~e~c~;ts proposed for the indicate criteria for-choosing the ~-~-~.~- evaluation process and is currently reserve. ~0qM a reserve does not approve of members of t~qh~e ~e~v~a~qh~qa~t~qk~i~r~t t--- ~6qE~qb~u~2q* considered under Reserve program a particular p~qw~qi~e~4qd that in ~qF~r a r~ecomn~iend~sti~c~m~q@wa~s offered t~qh~8qd the criteria to "promote Federal~, State~, should be ~qa~2qm~o~es~sed directly ~qt~g~:N~2qQ~2qA~0qA- evaluation ~str~e~a~s~qI~nt~2qq~qv~a~qt~qi~on.~,~of the public and private u~se of one or more NOAA ~qg ~, ~- - ~qi~qhat its ~z~8~v~qiew ~a~nd Reserve p~r~o~qgr~a~qmw~2qN~qb~qv~qi~qb~e~r state reserves within the System when such ~B~qP~qP~qm~qm~0qd Of state submitted ~q1~q1~11~6q9 coasta~ql/~res and that ~6qf~6qf~6qi~e entities conduct estuarine research." management plans should be as regulations provide for ~q@~8q@~g~ql~qi~spu~qte NOAA however. does not ages with ~qt~qh~a expeditious ~q= possible. H~qM~C~qM resolution mec~4ql~qu~4qm~qi~6qls~00qm &ad of comment that other d~2qi~qsput~qe.res~qolu~2qdon consistent with N~16qGAA's responsibility litigation. mechanism should be devised shad of to ensure ~4ql~4qi~04qm~qs~qe~qv~qer~qv~qe ma~qz~qa~2qg~qa~qr~qt~qie~qnt to ~qY~04q&~6qh the Response: The ~qon~q.of litigation In the event of an ~qu~qnd~qa~qv~qor~qab~6qle conducted ~08qh~qL~qzc~qC~qG~qzd~qH:~qnC~q8 a national ~q-e~qa~0qtua~2qd~4qw research reserve Is' evaluation th~qat.m~qay ~52qW to w~6qh~0qi~qt~4qdr~qaw~qa~8ql mission and goals of the ~0qS~2qy~qs~0qh~6qm the c~qentr~qal~q.~4qt~qo ~16qN~16qOAA ~.'s abil ~q. ~q- ~q, ~- that of designation. The Provisions contained need for an approved final m~qan~q"~qs m~qen~4qt to ensure reserve ~qo~2q;~2q@e~qr~qat~2ql~qou ~qa~4qi~qid nu~qu~qm~0qtg~qe~0qmen~4qt Is in ~24qbo~4qlh J ~8qi~04q=.41 -and ~0qJ ~08qW~4q1~00qA~8q2 provide a plan to qualify f~qor~16qW~20qO ~q'AA~q' funded being conducted In -a -~qn- My leng~56qf~56qt and elaborate process for ~q- research r~qemal~4qm~q' consistent w~8qi~0qll~qi~2qp~qr~qo~2qgra~0qm ~6qBo~qo~20q"~q,~qa~qnd addressing. major dif~4qfe~qr~qe~qn~qc~qeS section ~2qR~16qM~8qI-~20qa~4qt~qua~20qd~qn~qe ~20qBe~qse~qctr~qic~8qh objectives as defined In section ~4q315 of the NOAA and the -Reserve ~8qM~4qI~qN~12qA~qV~qO ~4qID Cu~6qi~0qde~0ql~6qh~6qms the Act. 1~4q6 ~12qU~20qS~12qP~0q_ ~8q14~4q61. and Its suspension of ~0qEna~qnc~8qial ~4qws~2qh~8qda~qE~4q= Or implementing ~qTe~2qg~qa~0ql~qa~0qt~8qi~qo~qn~qs. The 4~qcz~8qiteria withdrawal ~qof de~qs~2qi~2qg~qn~qa~12qf~12qt~4qm This ~2qpro~0qm~4qf~4qt ~12qA~0qw~12qp~qos~qed ~8qJ ~08qM.~4qS.~q1~8q-~12qf~12qtr~qe ~qv~0qv~qi~8qi~qew~qers for an evaluation corresponds directly Is expre~qs~36q4y designed to a~qv~0qn~2qi~0qd litigation re~qk~q"~4qW~q"~qI~qnend~qad t~0qh~04qe~16qNO~48qAA ~6qp~qr~4qmt~6qd~qo~q. at 29948- Federal Register / Vol. 55, No. 141 / Monday, July 23. 11990 Rules and Regulations minimum. a more detailed and specific that properties included within NTERR United States based enterprises to description of the Estuarine Research boundaries, particularly the core area. compete with foreign based enterprises Guidelines in the regulations. One will be subject to restricted uses. and in domestic or export markets. reviewer objected to NOAA's role in these uses will be subject to NOAA These rules amend existing estabLish-irg the research priorities for approval (e.g., research. construction. procedures for identifying. designating. fu.nding under this subpart. education). Since these properties add and managing national estuarine Response: NOAA disagrees. Section real value to the LNERR SysteffL but have research reserves in accordance with 3115 of the Act requires NOAA to diminished use for other purposes. they the Coastal Zone Management develop guidelines. not regulations, for should be allowable as state match. Reauthorization Act of 1985. They will the conduct of research within the These reviewers therefore not result in any direct economic or System. A basic description of these recommended elimination of a one-year emironmental effects nor will they lead guidelines is provided in both the Act time limit. to any major indirect economic or and the regulations. Including the Response: This provision has been environmental impacts. guidelines themselves, or a more adopted in the past to ensure that lands (B) Regulatory Flexibility Act detailed and specific description of included within the Reserve system are Analysis. A Regulatory Flexibility these guidelines. in the regulations acquired consistent with the purposes Analysis is not required for this would severely limit flexibility in their and objectives of the Reserve system rulemaking. The regulations set forth implementation. NOAA publishes the and. as required by section 315(e)(3)(A) procedures for identifying and guidelines annually in the Federal of &a Act, to assure that the state has designating national estuarine research Register and -,ntends to continue to matched the amount of financial reserves. and managing sites once improve these guidelines within the assistance provided by the Federal designated. These rules do not directly relatively comprehensive standards of Government for the acquisition of land affect "small government jurisdictions" the Act NOAA develops general for a reserve. However. NOAA agrees as defined by Public Law 96454, the research priorities on an annual basis in that the imposition of a one-year time Regulatory Flexibility Act. and the rules consultation with the estuarine research limit may not be the most effective or will have no effect on small businesses. and resource management community. appropriate method to achieve this (C) Paperwark Reduction Act of 1960. The agency foresees no advantage to purpose. We have therefore eliminated This rule contains collection of including more specificity or detail than this provision from the regulations and information requirements subject to necessary in the Program regulations. instead allow inclusion of land and Public Law96-511, the Paperwork The financial support provided under submerged lands already in the states' Reduction Act (PRA), which have this subpart for Research is Possession as state match irrespective already been approved by the Office of administered by NOAA. As a result. of the date obtained by the state. Management and Budget (approval NOAA. in consultation with prommient However. calculation of the amount number 0648-M21). Public reporting members of the estuarine research eligible as match for existing stAte burden for the collections of information owned lands will be made by an community, will continue to determine independent appraiser who will contained in this rule is estimated to research priorities for this funding. average 2.012 hours per response for consider the value for match purposes of managemint plans and related Subpart G-Interpretation and these lands by calculating the value of documentation. 2.25 hours for Education benefits foregone by the state, in the use of the land. as a result of new performance reports, and 15 hours for Section 921.60-General , ;., annual reports and work plans. These restrictions:that may be *unposed by.,r t - Proposed � 921.Wa)-Tykrc, review 'er3 Reserve designation. - - estimates inclu'de the time for reviewing objected to the requirement that . ' Proposed � 92i_nte)(4@@e instructions, searching existing data -interpretive and educado'n projects be sources. gathering and maint a conducted within the research reserve. reviewer regommended elimination or data needed. and completing=_!h... R.es onse: NOAA did not intend to simpli4catioiof the matching share reviewing the collection of informiti p criteria for research: awards.- -7'- -, - ' IL-11it funding under this Subpart to Response: Thi matching shim Send comments regarding this burden activities conducted entirely within the requirement cannot be eliminated estimate or any other aspect of these 1@1 boundaries of a research reserve. and because it Is required by statute. collections of information. including' has revised the statement to clarify the However, the matching share criteria suggestions for reducing this burden. to intent. has been simplified to be consistent Richard Roberts. Room 1235, Proposed �Vn60(bJ--One reviewer with the provisions to 1'921.Ma) of Department of Commerce, Washington. suggested NOAA require that aM subpartF. DC 20230. and to the Office *of - -:-- . I applications for interpretation and information and Regulatory Affairs. education awards be approved by the VL Other Actions Associated With the Office of Management and Budget state. Rulemaking Washington. DC 20503. ATTN: Desk Response. NOAAagre*9 that '(A)Classi OfficerforNOAA_ fication Under Executive applications under this subpart should Order 12291. NOAA has concluded that (D) Executive order 126n. These have the support of the state managing these regulations are not major because interim final rules.do not contain entity. The regulations have been they w .ill not result in: -- --- %, ' @- , - policies which have sufficient - revised accordingly. (1) An annual effect on the economy Federalism implications to warrant of sioo million or more; - - . , : . preparation of a Federalism Assessment Section 921.71--:Allowable Costs (2) A major increase in costs or prices pursuant to Executive Order 12612. Proposed � 921.71(e)(2)--Two for consumers; individual industries; However, the provisions of the rules reviewers objected to a one year time Federal, state, or local government setting forth what a state must do or Limit prior to pre-acquisitioii being agencies; or geographic regions; or agree to do in order to qualify for the imposed on the allowability for state (3) Significant adverse effects on various types of Federal financial match of state lands already in a fully- competition. employment investment. assistance available under the rules protected status. The commentem noted productivity, innovation or the ability of' h .ave been reviewed to ensure that the ~0 Federal Rooster / Vol. 55~ No. 141 / Monday' July 23. 199~0 Rules ~~d Re~g~hat~i~m~ rules grant the states the maximum submitted program applications that Sec- administrative discretion possible in the anticipate ~qi~n~imed~late implementation ~o~qf ~qS~u~qBpa~rt ~qF-R~e~sear~c~qh ~a~rimini trat~qia~n of the National Estuarine these regulations. Public comments on 921.SO C~eneral. Reserve Re~sea~qm~qh System policies these interim final regulations are 921.51 Estuarine research gui~t.e~ql~i~n~es. embodied in the qualification invited and win be considered if ~92~1.~5~2 promotion and c~oor~qdin~ati~o~a of requ~qiremea~qts. In formulating those submitted on or before September 2-~q1~. estuarine rese~a~:c~qh~. policies. the NOAA worked with ~q1~q9~-~q3~q0. Subpart G~A~.~I~o~n~it~o~ri~n~qg affected slates to develop their ow~-n ~2qUst of Subjects in ~1~q5 CFR Part ~q9~q21 ~921.~6~0 Ge~r~te~r~t~qd. policies with respect to the use of Na~q: o~nal Estuarine R~ese~a~qmh Re~s-~e~qm~os. Administrative practice and Subpart 1~1-~In~i~ferpret~a~t~qi~o~n and Education To ~t~qhe ~r~ra~x~qimurn extent possible procedure, Coastal zone, En~v~qL~r~e~nm~ent~al ~9~z~1.~7~0 General. c~or~sistent with t~qhe NOAA~'s ~qL~r~npact statements. Grant programs- 92~1~1.~1~1 Categories of'p~ote~n~-tia~ql~-~i~-~te~rp~rct~ive responsibility to ensure ~qd~ie the Natural resources, Reporting and and educational projects; ev~a~ql~u~a~4~;~on objectives of the National Est~ua~r~j~4~qw rec~ord~qkeepin~qg re~qq~q=ements. Research. criteria. Reserve Resea~,-~ch System p~r~o~v~8qW~o~ns of (Federal Domestic Assistance Catalog Subpart ~1~q-~-Ge~neral Financial As~si~ska~nce the Coastal Zone ~qN~qi~anag~e~qm~e~zrt Act are Number 11.420. National Estuarine Reserve ~qPro~v~qi~i'~D~qw obtained. the rules refrain from Research S~.~q"t~e~m) ~921.~8~0 Application i~nf~orma~tior. establishing un~qifo~l~qM national standards. Dated: July ~1~0. ~T~qM~. ~921.~81 A~.~I~qlowa~qb~q!e costs. Extensive consultations with state Virginia K Tipple, ~9~qM~.~3~Z Am~erd~qment~s to financial a~b~s~;~st~ance o~i~qficial~s and organizations have been A~s~sis~ta~n~tAd~qa~z~i~qh~qi~s~L~r~ato~r~qf~a~r Q~c~e~q= ~qS~dr~v~qice~s awards. held regarding the ~qf~qi~n~qw~, al assistance and Coastal Zone Ma~n~a~g~e~qme~qa A~n~p~e~n~qd~qL~% I to Part ~9~q=~q-B~l~o~qge~o~qr~3p~qh~i~c qualifications imposed. Details Classification Scheme regarding awards of financial assistance For the reasons ~0qW forth in the have been discussed above under the preamble. 15 CFR part ~4qW~ql is revised to Appendix ~qZ to ~qP~qw~t ~qM~I~.~-~qT~y~qp~o~ql~o~g~y of head~qu~2qm "REVISION OF ~6qT~6qK~qE read as f~o~ql~qlo~v~i~s: National Estuarine Research ~R~z~e~G~a~ves PROCEDURES FOR ~qSELE~6qCT~0qM. Authority- Sec. 3~0qM Public L~qm~v ~9~2~-~qM. a# DESIGNATING AND OPERATING PART ~q0~q2~q1~q-NA310~qMAL ESTUARINE amended. ~8~6 S~t~at ~2~2~qW (1.~0 11 A C 14~0~1~q). NATI~6qONA~6qLESTUAR~qINE RESEARCH RESERVE RESEARCH SYSTEM Subpart A~-~-~2qG~qW~M~qW~2qW RESERVES" and an not rep~e~4qWed here. REGULATIONS Likewise comments from the states Sec. ~q1~q921.1 ~4qU~4qf~4qt~x~qk ~,~0qn ~qg~o~4q*$ and general regarding qua~ql~qi~ql~qi~c~a~qti~o~n~g and responses ~qP~qM~V~4qW~qW~q& and changes to the regulations regarding Su~qb~qp~m~z~t A-G~en~e~r~a~ql (a)The mission ~of the National same were set forth under the heading ~s~qn~a Mission~. goals and general Provisions- Estuarine ~6q%~1~serv~e~1p~~e~sea~q=~4q1 System is S~qL~T~qN~2q0~q4~6qARY OF SIGNIFICANT 921.2 Definitions. the establishment and m~ana~qgem ~nt. COMM~2q&~6qNTS~-~0qON THE PROPC~qISED 921.3 N~at~qi~o~n~a~ql~8ql~i~st~u~a~r~qin~e Reserve Research through F~adera~ql-~qS~qta~qte c~oope~rati~qm of a REGULATIONS AND NOAL~6qkS ~ ..System b~qio~g~e~o~g~qWh~qic t~ql~a~s~s~qifi~c~a~t~qi~qml national ~sy~s~qte~r~l~qi of estua~qdn~e research RESPONSES. It should be noted that scheme and estuarine t~qy~qp~ol~e~g~qies~. serves rep~r~ese~nta~ql~qive of the various some of the ~s~0qwe~s 9~21.4 Relationship to other ~qp~q=~vi~s~ion~a of ~t~qh~e re -commented In . Coa~s~ta~ql~0qZon~e Management Act regions a~nd~~.~stu~qi~qdn~e, types ~qi~n the opposition ~qt~o~-co~n~qd~qi~qu~Q~u~s -or language United States. E~s~qhr~a~i~qdne~resea~r~0qd~i requ~qb~ed by law or by ~6qO~0qf~0qf~0qice~,~of ~7~:~:~7 Subpart ~qB,~4q@ ~qS~e~8qw~c~qa~qm red ~q5~0qf~0qt~:~qS~4qd~qe~c~t~qio~u reserves are e~qit~qi~0qblished to Management and Budget Circular A-= and ~4qW~u~4qn~e~r~qm~a~t Plan-Development opportunities Jar l~q6~qm~qg~-~qt~e~rm research. NOAA does not have ihe d~qk~q@~qwe~qt~qlo~n to ~92~i~.~i~a ~-~4qze~n~e~n~qL ~j 7. -~1 education. a~6qh~t~ql~qI~n~qt~er~qpreta~ql~qi~on~. change such language or conditions. ~g~qn~ai ~qS~qi~br~oa~ql~e~c~k~ql~on~- to ~q(E) National ~6qE~nv~qi~ro~iz~qEr~t ~I~C~6q7 ~9~2~1.~1~2 Post ~W~qi~l~e~f~f~l~qil~e~qc~t~qi~qm~! car~r~qy~2q@ ~qo~t~qe ~a ~4qW ~i~n~qAs~s~qi~o~n az~e t~o~z Act. N~C~I~2qAA has concluded th~u~qt ~t ~q9~2~0q=~q9 ~4qM~qW Some ~qpl~qau~s ~ ~qa~qivir~on~qm~en~t~el stable e~qa~v~qi~x~onm~e~nt fair publi~ra~8qd~qm of them ~qh~8q0~e~2qd~qm~qa~n~a~ql ~i~6qg-t~e~q@~qm ~2qp~o~qt~e~ct~qi~o~n research Of does ~na~qt c~a~ns~qt~qa~n~qt~e a ~q=~a~4qf~4qt~r ~6qFede~qi~8qA S~-~1~, ~n e~a~qb~i~a~si~n~e reserve ~qs~a~q*~o~2qM~qw~. action si~qg~nif~qi~ca~n~0qd~qy ~e~qffec~qi~ql~m~a he q~u~e~8qf~8qt ~:~1 P ~qi ~-is ~a~8qM~e [fun* ~qt~q2~ql A~qd~qd~r~qm ~-c~o~a~tt~a~ql ~qm~qm~qu~0qp~qm~e~qA~qt of the hu~qm~a~r~t en~l~qe~m ~2qG~a~qii~qe~r~6qd ~qL~q"~o~es ~qIde~n~qf~qi~6q&~qd an ~g~qi~qgn~qi~qf~qi~c~a~nt t~qh~to~u~qgh an en~i~lr~oamental impact ~stateme~nt~,~qt~s 921~q= ~4qa~0qwa~ql ~acqu~6qWt~qio~n ~a~nd ~qd~e~ve~ql~o~qp~n~ve~nt coor~d~i~n~a~ql~pd ~e~s~qb~ia~ri~ae r~e~s~ear~r~qb within ~not re~qq~n~qUed. awards~. th~&~qSystem~,~.~q@~qj~n- subpart ~qn-~qR~e~s~e~r~v~e ~8qD~es~ql~qp~zat~qf~o~n and ~a~qn~c~e public ~aw~a~a~qm~e~ss ~a~nd (3) ~E~qn~qh T'~hese interim final~se~qgu~ql~a~2qMo~ns an ~qSubs~e~qqu~e~nt-Op~er~st~ql~o~n understanding of the ~e~s~qt~r effective July 23, ~q1~q9~4qf~4qt To the extent that ~921~.30 Designation ~of National ~qE~s~tua~d~n~e. - e~nv~qiru~nm~e~nt -and provide ~j~a~qdt~a~qb~ql~e t~1hese ~qm~qg~6qW~atian~s ~qm~qb~8qd~e~-~qt~o grants -mud ~-~, ~ql~te~q;~q,~q@ ar~qdh Reserves. opportunities for public ~qi~s~qduc~ati~on and cooperative a~qgre~d~u~m~u~tt~s t~qhe 92~%.31 Supplemental acquisition ~a~n~qd~q. ~q7~q.~q. interpretation; requirements 4~q)f t~0qh~q&~20qA~24q&~q1i~qul~qst~qr~8qa~8q1~6q1~q'~16q4~q.~q' -!If development ~qa~qr~qr~qa~qr~8qd~qs. (4) Promote F~4qid~qe~qx~qal, state. public and ~2qPro~qo~4qKi~qn~0qn Act 5~2q4~0qJ~q.~16q&C~q. ~08q&~08qW ~16q& ~qm~0qm~4qt~16q;~0q@~28q@ 921.32 ~04qC~0qo~qer~qa~qf~ql~qon a~qnd ~04qm~qana~0qg~8qi~12qm~qe~qr! ~qt"~q_ To the extent that ~8qM~16qW ~qs~qz~4qA~08qW~4qb~4qW~qd~12q&~4q"~q- -~q- - Implementation of the -management pla~qn~0q@~q, private u~qse~q-~qcf-~qone ~qorm~qa~ql~qs ~q2~4q"e~8qms~q' provision does not involve ~2qgr~qa ~qal or ~q92~q1M~q, ~4q3~4qlau~qn~8qd~qR1~0q7~q.~qc~8qh~qan~qg~qe~qs, amendments to within t~0qh~qe System w~0qh~qan~qsuc~6qh ~qe~qnt~4qr~8qdes~q@ t~8qh~qe~6qma~qn~qa~4qgeme~4qn~qt ~4qp~8qb~4qm and a~4qdd~qiti~6qm of conduct ~qe~qst~qf~qf~qa~qr~8qd~qve ~6qw~0qwa~qv~qch; a~0qnd cooperative a~2qgre~qemen~0qt~qsmo u~qse~qh~0qg~q,~q.~q--~q@ ~0q(s~0qy:C~4qw~36q@ -~8qnd ~qc~qo~qo~qn~0ql~12qM~4qi~0qte es~4qI~2qf~2qte~qr~6qh~16q* purpose would be ~qse~qrvedby~24q*~0qJ~qu~2qy~6qb~12q* research the effective date for So days. No ~qz~6qi~6qg~0qbts Subp~0qo~0qt E-P~qer~2qf~qorm~qan~qc~qe~12q1~qv~qa~2qlUl~qotio~qn and.. an ~0qd ~qE3&~4q)~2qd~q=~2qS~q- ~6qj~0q@vai~6qlable ~4qh~qif~qorma~qti~qon of the participants in this Federal w~qi~0qd~qtdr~qawal of ~4qD~qe~qs~qi~0qg~qn~qs~0qf~0qion necessary -for ~8qi~4qm~2qor~q-~4qW~qe~0qd understanding program will be adversely ~qz~24q&c~qt~qed by ~q92~q2.40 Ev~qaluat~4qton of system perf~4q6~qr~qal'~qa"~qa~qc~qe. and management of e~qatua~qrt~qne areas. immediate implementation. To the ~. ~q- ~q9~q2~q1.4~q1 Suspension of e~4ql~28qW~2qbility~4ql~qar~4qf~4qi~qn~qAll~qc~qi~qa~8ql ~q'~0qh ~qc~qcnt~qr~qar~4qy state recipients of financial assistance. ~6q(~qc~2q)~q'~12qK~qa~0qll~qe~4qh~qa~0ql estuarine res~qe~qa~qrc assistance through this program have 921.42 ~q'W~qu~4qhdr~qawa~4ql of designation. reserves ~qs~6qh~qa~6qll~q'~6qbe open to ~8q1h~qe Public ~qt~qo ~0 299~50 Federal Register / Vol. 55~ No. 141 / Monday, July 23~ 1~9~qW Rules and Regulations the extent permitted under State and repr esentative and ecological integrity protection of estuarine resources. The Federal law. Multiple uses are allowed of the reserve. research and monitoring awards provide to the degree compatible with the (e) Under the Act an area may be funds to conduct estuarine research and research reserve's overall purpose as designated as an estuarine reserve only monitoring within the System. The provided in the management plan (see ~qi~f~t the area is a representative estuarine educational and in~qferpretive award ~19~21.13) and consistent with paragraphs ecosystem that is suitable for long-term provides funds to conduct estuarine (a) and (b) of this section. Use levels are research. ~N~qla~nv estuarine areas have educational and interpretive activities set by the individual state and analyzed undergone some ecological change as a within the System. in the management plan. The research result of human activities (e.g., (~qg) Lands already in protected status reserve management plan shall describe hydrological changes, intentional/ managed by other Federal agencies, the uses and estab~q!~4sh priorities a~qmon~- unintentional species composition state or local governments, or private a these uses. The plan shall identify uses char~qges~q-i~rtroduced and exotic organizations can be included within requiring a state permit. as well as areas species~q). In those areas proposed or national estuarine research re~qierv~es where uses are encouraged or designated as national estuarine only if the managing entity commits to prohibited. Consistent with resource research reserves, such changes may long-term non-manipulative protection and research objectives, have diminished the representative management consistent with paragraphs public access may be restricted to character and integrity of the site. (d) and (e) of this section in the reserve certain areas within a research reserve. Although restoration of degraded areas management plan. Federal lands already (d) Habitat manipulation for research is not a primary purpose of the System. in protected status cannot comprise the purposes is allowed consistent with the such acti~v ities may be permitted to key land and water areas of a research following li~n-~qdtations. Manipulative improve the representative character reserve (see I ~q921.11(c)~q(3)). research activities must be specified in and integrity of a reserve. Restoration (h) To assist the states in carrying out the management plan. be consistent activities must be carefully planned and the Program's goals in an effective with the mission and goals of the approved by NOAA through the Reserve manner, the National Oceanic and program (see paragraphs (a) and (~qb) of Management Plan. Historical research Atmospheric Administration (NOAA) this section) and the goals and may be necessary to determine the will coordinate a research and objectives of the affected research ..natural" representative state of an education information exchange reserve, and be limited in nature and estuarine area (ie., an estuarine throughout the national est~-~qdarine extent to the minimum manipulative ecosystem minim affected by human research reserve syste~rn.~' As part of this activity necessary to accomplish the activity or influence). Frequently, role, NOAA will ensure that information stated research objective. Manipulative restoration of a degraded estuarine area -and ideas from one reserve are made research activities with a significant or will provide an excellent opportunity for available to others in the system~. ~q7~qbe long-term impact o~n reserve resources management oriented research. network will enable reserves to ~- - require the prior approval of the state (f) NOAA may provide financial exchange information and research data and the National Oceanic and - assistance to coastal states, not to' with each other. with universities Atmosphe~qn~ic Administration (NOA~8qA~q). exceed 50 percent ~q6 f a~ql~ql actual costs ~qor engaged in estuarin~qi research. and with Manipulative research activities which $4 million wh~qiche~q4~qe~qi amount is less, to Federal and state~'a~qien~c~qi~qes. NOAA~'~qi can reasonably be expected to have a assist in the acquis~qi~qt~qi~q6~qi~'~0qd land and objective Is a system-wide program of a ~-~:~C~:~-~-~-t adverse impact on the waters. o~qi~ql~ql~at~qe~qirests th~i~qi~4qA~4qL~2qNOAA may research~.and ~q6~qioni~t~o~qi~qln~qg~lc~qi~apable of e~ti~iarine resources and ~-habitat of a provide financial ~as~si~s~qta~n~q@~e,to coastal addressin~qj the management issues that reserve. such that ~qthe~'a~c~'tivit~qies states not t~qo ~qix~4q&~q@~qd ~-50 ~ql~qi~qi~qi~qc~qe~2q@t ~qo-f all -affect ~ql~o~2q*t~e~-~r~qm~- ~qo~qi~qd~q;~8qk~qEt~qiv~qity~'of our ~- Nation's estuar~qle themselves or their, res~qu~q@~qtin~qg short- and actual costs fo~qrthe ma~na nt and same long-term conse~qq~qu ences compromise the operation of. and the conduct of ~q1~q921~.2 ~qD~ef~qk~qdt~ql~o~t~8qm - representative character and integrity of ~educat~qio~n~A~ql or interpret ~qiv~e activities ~4 ~.~1-- a reserve. are not a~ql~ql~o~qw~qi~c~qr Habitat-' concerning. ~qn~qit~qi~o~qnal ~0q"t~quar~2qle research' (a) A~ct~4qmean~qi ~qi~q5 ~qii~qi~qiZone ~-~I~t~s~'~f manipulation -for resource management reserves (see ~subp~qi~' of this p~qi~qit~q@ Management Ad ~-of 1~q972~. as amended. purposes is not permitted within NOAA may p~r~o~qy~2qW~qf~qi~n~a~n~c~qial assistance ~4q1~q6 U~,S~-~6qC 14~q5~q1 e~qt ~s~e~qq~-~0qBect~qion~ 315 of the national estuarine re~qiearch ~qieserve~s to any coastal state -or public or private Act. 1~q6 U.S.C. 14~q6~q1. ~establ~qi~qth~qe~qi the except as allowed for restoration person. not to exceed 50 percent of ~a~ql~ql National Estuarine Reserve Research activities consistent with paragraph (~a) actual costs, to support research and System~. of this section. NOAA may allow an monitoring within a national estuarine ~@~,~@ (~qb) Under Secretary me~qi~tn~e the Under exception to this prohibition if ~* - research reserve. Five types of awards Secretary ~qf~qdr Oceans and Atmosphere. manipulative activity Is ~qh~e~0qmsary for are available ~8q6der &a National U.~6q& Department of Commerce, or the protection of public health or the Estuarine Reserve Rese~a~2qkh System ~4qA~e~signee_, preservation of other ~s~a~qi~qm~qitive resources Pr~qo~qgra~n~qL T~qhe~'preides~qi~qg~na~qtlo~qh awards ~que - (c) ~0qC~oa~s~qta~qlst~a~qtemeans a state of the which have been ~4qh3ted~qo'~qr am-eligible ~q- for site selection, draft --na~8qgement United States. In or bordering on. the for protection under ~qj~4q;~8qel~qe~0qiant Federal or plan preparation and c~8q6nduct of basic Atlantic. Paci~0qf~20qW~qa~0qi Arctic Oc~8qia~qn~q; the state authority (e.g.. ~4qthre~2qi~qitened/ characterization studies.- Acquisition- Gulf of Mexico, Long Island S~8q6und. or endangered species or significant ~0qa~qnd development awards are intended one or more of the Great Lakes'. For the historical or cultural resources). If primarily for acquisition of ~q'interests In' purposes of these regulations the-term habitat manipulation is determined to be land and construction. ~2qT~0qh~qe operation` ~4q@~4q; also includes Puerto Rico. the Virgin -~6q7 necess ary for the protection of public and management award provides fund~2qi 'Islands, Guam ~4qi~4ql~4qie~2q@~20qC~20q&~2qi~2q@~4qi~0qS~48qi~32qWealth of ~qhea~20qf~20qth or the preservation of sensitive to assist in implementing ~2q@the research. the Northern Marianas Islands the resources. then these -activities shall be educational~q. and admir~qiistrative Trust Territories of the Pacific islands. - specified in the Reserve Management programs detailed in the research and American Samoa (see ~q,16 U~q.S~q.~6qC~q. 1453~6q(4)). ~q4 ~q- ~q1 .- ~q- Plan and limited to the reasonable reserve management plan ~qa~8qnd is - ~q- I ~qe~q-~q' alternative which has the least adverse reflective of the joint State-Federal (d) Estuary ~2qineans that part of a river and shortest term impact on the partnership in the preservation and or stream or other body of water having ~0 Federal Register / VoL 55, No. 141 / Monday, July 23~ 1~9~qW Rules and Regulations 29951 ~~impaired connection with the open approved coastal zone management million for which each reserve is e~l~.~q:~qgib~le sea. where the sea water is measurably programs under section 306 of the Act. is for land acquisition. In the case of a diluted with fresh water derived from eligible for an award under the National biogeographic region (see Appendix I to land drainage. The term also includes Estuarine Reserve Research System (see this part) shared by two or more states, estuary-type areas with measurable 921~.2~q(c)). each state is eligible for Federal freshwater influence and having (b) For purposes of consistency financial assistance to establish a unimpaired corinectio~rs with the open review by states with a federally national estuarine research reserve sea, and ~estuary-type areas of the Great approved coastal zone management within their respective portion ~of t~qhe Lakes a~nd the~@r connecting waters. See program, the designation of a national shared biogeographic re~cion. ~8qF~qma~ncial 16 U~.S.C. 14~q53(7))~, estuarine research reserve is deemed to assistance application procedures a~re (e) ~8qNa~t~.~@~On~cl Es~tu~c~r~qi~n~e Research be a Federal activity, which, if directly specified in subpart I of this part. ~qR~ese~qn~,~e means an area ~I~that is a affecting the state's coastal zone, must (~qb) In developing a research reserve representative estuarine ecosystem be undertaken ~qin a manner consistent to program. a state may choose to develop suitable for long-term research. which the maximum extent practicable with a multiple-site research reserve am reflecting a diversity of habitas in a ~,~r~.av include a~ql~ql or the key land and the approved state coastal zone progr water portion of an estuary, and as provided by section 1456(c~q)~q(1~q) of the single biogeographic region. A multiple- adjacent transitional areas ~a~nd uplands Act, and implementing regulations at 1~q5 site research reserve also allows the constituting to the extent feasible a CFR part 930, subpart C. In accordance state to develop complementary natural unit, and which is set aside as a with section 1456~q(~c)(1) of the Act and the research and educational programs natural field laboratory to provide long- applicable regulations NOAA will be within the individual components of its for certifying that multi-site research reserve. ~qN~qfu~qlt~qiple-~si~tE term opportunities for research. responsi education. and interpretation on the designation of the reserve is consistent research reserves are treated as one ecological relationships within the area with the State approved coastal zone reserve in terms of financial assistance (see 16 U.S.C. 1453~q(8)) and meets the management program. The State must and development of an overall requirements of 1~q6 U.S.C. 1461(b). This concur with or object to the certification. management framework and plan. Each includes those areas designated as it is recommended that the lead State individual site of a proposed multiple- national estuarine sanctuaries under agency for reserve designation consult site research reserve shall be evaluated section 315 of ~-the Act prior to the date of at the earliest practicable time, with the both separately under I ~q9~q21.11(~c) and appropriate State officials conce ~i the enactment of the Coastal Zone Ming collectively as part of the site selection Management Reauthorization Act of the consistency of the proposed national p~n~qx~qws. A state may pr~orp~os~qe~t~o ~q1985 and each area subsequently estuarine research reserve. establish a multiple-site research designated a~~,~-a national estuarine (c) The National Estuarine Research reserve at the time of the initial site research reserve. Reserve Program will be ad~i~nini~qs ~tered in selection. or at any point in the" close coordination with the National development~qor operation of the ~q921.3 National Estuarine ~qFt~*~s~o~qm Marine Sanctuary Program (Title ~0qM of estuarine research reserve, even after Research System ~qb~ql~oge~8q"raph~ql~e the Marine Protection Research and Federal funding for ~the single site classification scheme and estuarine Sanctuaries Act. asa~qm~iended. 1~q6 U~2qS.~6qC~. research reserve has expired. If the 3tat ~0qm~qm~4q"~qk~qm I ~@ ~~:~. I ~-~:~,~W~1p~p~p~p~2p~2p~ ~- 1431~-1~q445)~. also ad~qm~i-stered~6qby NO~4qAA~. -dec~qides~qlo develop a m~2p~p~2p~1p~le-~site- (a) National estuarine research Title Mauthorizes~'theSe~q=tar~qyof ~*~.~@~r~'~f~L~"'-~'- na~qd~q6nal estuarine research reserve afte reserves are chosen ~qtoref~qlect re~0qjonal Commerce- to designate discrete areas of si~qfion and development differences and to include a variety of the marine environment as in I~qkrin~e the initial acqu~qi award is made for a single ~- ite, the ~q3~@ ~. ecosystem type~qi~.-A biogeographic ~qO~s~s-~i ~t~@.~0q*-~qv~qm~'ct~uar~qfes to protect or restore such -~q=~8q*~8qW~qo~o~s~a~qi is ~s~q@~qb~qje~c~2q6~q6 ~qthe're~qq~qu~qi~q@~q6ments classification sch ~'eme based on regional areas~'~qf~0~qi~'thei~qrco~n~servat~qion. set forth in I 921.33~q(~qb). However. a ~9 ta t~t variations in the nation's coastal zone-.;?- recreati~o~n~-al. ecological~. historical~. -~qma~-~qY not ~qp~qi~qo~6q*~e ~qt~qo ~qid~qd one or more ~-~qb~ql~i~6q4e~ographic' has been developed. Th~qe tio~na~ql or ~6q6~qi~qfiet~qi~c~"vi~qdues~l~.~- -~s~- ~- ~�~qi~qi ~r~8qd~q@~qhdu~2qo~l - - it~qds a~qn ~alre~a~qdy~-~qd~e~s~qi~qg~nat~e~qd research classification scheme is used to ensure a ona~ql~4qwarin~qi~qi~qi~n~0qd~q6~ar~ql~e~s ~qd *a ~aper~a~qti~o~n~.~a~n that the National Estuarine Reserve ~qm~s~k~-~n-~qi~qge~6qmei2t~q:~q6f ~s~quch ~qi~qi~qs~qe~qirch res~'e~v~0qV~'~_~_~@~P~2qC Research System includes at least one ~a~v~e~r~qla~qp~. ~ql~qh~o~w~6q* ~2q*~e~qy~j~qm~qy be ad~qja~c~e~aL ~'d has been found deficient an site from each r~qegio~qmTh~e~qi estuarine 'ed ~W~. uncorre~qct~qid or the r~iese~qii~qih ~qbond~quct typology system is utilized to ansure SOW B-~4qN~O S~O~0qW~C~0qW~16 ~0qf~0qt~0qd ~qS~0qU not ~q6~qo~qn~s~qistent with the Estuarine that sites in the System reflect the wide ~qS~e~qh~i~c~qdon ~qm~6qW ~6qMa~n~mge~qm~e~nt Plan . - range of estuarine types within the ~0qD~e~v~e~ql~op~in~e~2qm Research Guidelines In accordance wit the provisions of subpart$ E and F of United ~q1~.~q9~q2~q1~.~qio General~. ~.~'~qd2~8qb part In addition. Federal funds (~qb) The b~qlo~qge~q6graphic classification ~17 (a) ~qt~qj ~-~qj~i~qf a ~qm~ult~qi~qp~qle-~s~qi~qt~s research scheme, pre~sen~6q@~2q@~'Append~qix I to this' A state may apply for Federal J~KC~q4~11isi on .pose of r~qiserve remains limited to ~qS~qCO00,000 part. contai~ns~.~q2~q7~0qj~0qWd~qi~qf~q&~qF~qI~q@~q=2 financial assistance for the, pin (see I ~2qT~qhe ~unding fo~qr operat~qio~.~, graphically dep~ql~ct~qi~;~-t~qh~qi bio~qgeo~q@~ra~qphic site selection. preparation of doctime~qint~qs regions of the ~16qU~qn~4qIt~6qid States.~q'~4q7~q,~q'~q-~_~q_~q,~q*~q-~q.~12q*~6qf~q.~q* -I specified in 1~q9~4q2~4q1.1~q3 (draft m~qi~qn~qi~q4ement of a multiple-site research reserve is -plan and environmental i~4qm~8q@~6qict~q'~0q@~q;~q.~2q@~q- limited t~8qo ~0q$70,000 per year (see .,I ed ~0q(~qc~6q) ~2qT~6qhe ~0qt~2qy~2qp~qo~4ql~qo~6qg~2qy~q's~16qy~qst~qe~4qm~q,~2qi~qsp~q,res~4qe~2qf~2qit ~q'~6q6onduc~2qi of I ~2qP~0qa~qr~0qL statement (EIS~0q)) and the I ~8q92~8q1.32(c)) and preacquisi~6qtion~q. funds a~qj in Appendix ~2q1~6q3 to t~4qh~6qh edto$~4q100~q,000pe~8qf~qre~qs~0qe~6qrve. re~0qi~8qg necessary to complete basic ~q'~qT~q. ~8q1921.~0q4 Relationship to other ~4qp~qr~qo~qv~4ql~qs~0q]~4q6n~q* of ~0qj~q:ha~6qi~2qict~4qi~0qii~0qnt~6qion studies. Th~0qe total ~4q1921.11 Site selection. t~0qh~qe Coastal Zone Mana~8qg~qe~4qir~qs~0qi~q"~0qd Act. al ~2qiha~0qr~qe~4q@of this ~q-~qf~q-~q, Fader Ipre ~qa ~q.-~qs~qT~qk ~0q(~4qi~0q]~q,A state may use up (a) The National Estuarine Re~q's~2qe`~qr`~qV~68qt~_ ~q' d 'sign a~qit~6qion 'awards may not to $2~8q8,000 In Research System is intended to provide $~0q1~08qW~q.~8q0~4q0~8q0~q, of which UP to $~4qZ~8q5~q.~8q00~8q0 ~qniay~ be Federal funds to establish and ~q: ~q@ information to state agencies and o~4qthe implement a* site selection process ~qr used for site selection a~4qs des~28q&~2qibe~8qid In entities involved in addressing coastal ~0q1921.11. Federa~0ql~q.~4qf~4qinancial a~qs~qi~qe~8ql~qstance for which is approv~64qo by NOAA management issues. A~qn~44qicoas~qtal state. preacqu~8qi~qsit~4qion activities under 1921~q-~0q1~0q1 ~6q(~6qb~6q) In addition to the requirements ~qs~qt including those that do not have and 1~8q9~4q2~4q1.12 Is subject to ~44q" total $4 f~6q6~qrth in subpart I of this part. a request ~0 ~~~~~1p~ Federal Register / Vol. 55, No. 141 / ~~~l~onday~ July 23, 1990 Rules and Regulations for Federal funds for site selection must those ecological units of a natural being considered for selection as a contain the following programmatic estuarine system which preserve. for potential n~at~q:~onal estuarine research information: research purposes, a full range of reserve. After the local g~over~nme~nt~qfs) t~) A description of ~t~qhe proposed s~4qUe significant physical. chemical and and affected land~owner(s) have been selection process and how it will be biological factors contributing to the contacted. at ~qle~a~s~l one public meeting implemented in conformance with the diversity of fauna. flora and natural shall bre held in the area of the proposed biogeographic classification scheme and processes occurring within t~qhe estuary. s~;te. Notice of such a mee~q@~n~qg, Including typology (~qJ 9~q21.3); The determination of which land and t~q@e time. place, and relevant ~srubiect (2) An identification of the site water areas are "key" to a particular matter, shall be announced by the state se~ect~qi~on agency and the p~otert~qial reserve must be based an specific through ~qt~qhe area's principal news media m~~a~qg~ement agency-, and scientific knowledge of the area. ~4q4 basic at least 15 days prior to the date of the (~) A description of how publi~l~ic principle to follow when deciding upon meeting and by NOAA in the Federal participation w~qdl be incorporated ~qL~r~i~to k~oy land and water areas is that t~ql~@~ey Register. the ~rocess ~k~1see I ~q921.~q11~q(~qd~q)~q). should encompass resources ~q(e) A state request for NOAA (~) A~s part of ~t~qhe site s~elec~!~qi~c~n r~fpr~esen~qtative of the total ecosystem, approval of a proposed site for sites in process, the state ~e~nd NO". shall and which if compromised could the case of a multi-site reserve) must evaluate and select ~t~q@e final ~sit~e~q(~s). e~nda-~n~qger the research ob~qjectiv~q" of t~ql~q@e contain a description of the proposed ~a~q4 N~qO~qA~2qA has final authority in approving reserve. The term ~-~qb~qm~'~0q%r zone' refers to site in r~el ~ti~onshi~qp to each of t~qhe site such sites. Site selection shall be guided an area adjacent to or s~urr~oun~t~qf~qi~n~qg key selection pr~i~qm~c~qi~qp~qles (I 921.1~1~q(~c)) a~nd the by the follo~-~,~Ar~qir~qg p~qe~i~nc~qiples: land and water areas and essential to following information- (1) The site's contribution to the their integrity. Buffer zones pr~utect~, the ~q(1) An analysis of the proposed site biogeographical and t~qy~qp~e~ql~o~qgical balance core area and provide additional based on the biogeographical scheme/ ~~i ~q&e National Estuarine Reserve protection f~qbr estu~e~z~qin~e-depe~ndent typology dl~a~c~nssed in 1921.3 and set Research System. NOAA will give species, including those that are rare or forth in appendices I and ~q1~q1 to this part: priority con~si~qdera~8qW~qm to proposals to endangered~. When determined .~' ~q(~q2) A description of ~qt~qhe proposed sile establish reserves in biogeographic appropriate by the state and approved and its major resources, including regions or subregions that are not by N~6qOAA~. the b~u~qf~qf~qL~-~rz~o~ne ~n~6qM also location. proposed boundaries, and represented in the system (see the ~qinc~qi~u~0qd~e an area necessary Am facilities adjacent land uses. Maps. including biogeographic classification~. ~a~ch~g~ar~re and requ~qi~qm~od for research and interpretation. aerial photographs, are required. typology set forth. in ~qJ ~qQ~2q= and A~qd~qd~6qM~o~n~e~2qf~2qt~. b~u~qf~q1~qw z~qv~qm should be (3~q) A description of the public appendices I and ~q1~q1 to t~qh~qis part~q@ established ~g~aff~qic~qi~ent to ~ac~e~qm~qm~o~qd~a~qte a participation process used by the state (2) The site's ecological shift of the core area as a ~re~s~u~qf~qt of to solicit the views of ~qI~qntemst~ed parties. characteristics. ~qi~n~c~ql~u~(~.~qUng its biological biological~. ecological or ~- a summary of comments, a~n~c~qE If productivity, ~4q&~v~e~r~i~qf~qly of flare, and ~ ~qgeom~o~r~qp~qh~ok~6qV~qic~a~ql ~c~qh~qw~6qW W~qf~qd~c~qh interstate Issues are involved. fauna. and capacity to attract a broad reasonably could be expected to occur. docume~n~qt~at~i~n~- that the Go~ver~n~a~r~q(s) of range of research and educational Nat~qi~qa~z~a~ql e~s~qb~iari~ne re~e~*e~a~8q" reserves the other a~qf~q&~qc~qt~gd ~r~qt~a~qt~e(~s~q) has been interests. The proposed ~ofte must be a may ~qh~v~ek~4qd~e ~qex~qf~s~0q" Fedora or state contacted. Copies of all corre~spo~i~qf~0qdence, representative estuarine ecosystem and jar,& ~s~qh~-~qf~qt~qa~qy in a ~qp~r~o~8qk~-~c~8qW status ~' including contact letters to all a~qf~qf~e~qi~qf~qte~qd should. to the maximum extent possible. where ~qm~qt~qtu~a~qf benefit ~C~a~qh ~qb~qe ~qi Iced- l~andow~-~n~o~qm must be ~6qq~qq~qm~qde bean estuarine ecosystem ~qm~i~n~qirr~i~-~qf~qly~1p~ H~q6we~q+~e~r~.~0qM~0q0~0qA~0qA~,~6qW~8qW~n~o~q(~,~6qq~Y~qP~r~o~V~qe~, a site -~q0 ~si~qt~qm c~o~qi~s~qidered and a affected by human activity -or influence for p~o~qten~qd~a~qt ~na~qd~qb~o~a~qt ~est~u~qi~qr~6qk~e r~e~s~qe~0q@~6q@ (4~q) A list of a (see ~J ~q9~4q=1.~q1~q(e~ql~q)~. - I ~qth ~qte~.~q@ reserve s~qt~4qam ~6qS~e~qq f~u~-~6q&~qI~i~qO~n~qde~u~qt brief ~s~u~0qf~0qt~qwe~Nt of die ~qb~e~e~ql~s~'~qf~e~r (3~) A~s~qiura~qnc~e t~qhal ~a ~al ~qp~r~qi~z~2q@ ~qg~v~qe~@~6qb~c~4qk~s~qf~o~f~f ~qo~qf currently selecting ~qT~qh~e ~qM~qM-~qPr~e~qf~qirr~8qm ~qi~qf~qte~s~; ~ai~n~qd boundaries encompass a~qn ad~s ~U~qP~qM (a) A mm~qOna~qt~qi~qm of the ~qpr~oP~o~se~qd q~quate protected ~qF~e~qd~qi~e~qh~i~ql. lards; ~qf~q& ~o~n~4qk~r ~8q* ~n~qX~I~e~qt ~s~qite~q(~N~q)f~qo~qe~qd~qi~es~- ~i~6qf~6qf~6qi~r~qi~f~f~s~qt~2qN~e~qd~qe~n~a~ql ~-~, portion of the k~vy~@ land and water areas the ~qi~qiqu~6qh~qi~qe~u~qw~n~qi~g fix ~qia~4q@ P~4qf~4qterv~g of the nut ~.u~ra~ql system to ~a~qppr~ox~qi ~.~qmat~e~:~f~f~n st~at~qm ~q(~s~v~qi~2qWa~e~-~qke~qy laid and w~at~e~f E~s~qt~u~a~r~qb~s~e R~e~se~e~qm~0ql Re~q6~e~qm by the...,, Govern ~- ~@ ~qi~4qW 'ate In w~qh~8q" or a( the c~oa A ecological =it ~an~qd to e~n~s~qm a~r~;e~as). ~qS~2qW~4q* ~qb~m~qi~qd~s~qge~n~e~qi~e~2qW~qW~qRI be conservation. B~q@u~qi~qd~a~qi~qy size w~qi~ql~ql~*~v~ar~qr included ~qw~8qM~qa~'~a~r~qme~qa~c~qb ~n~qw~e~l ~l~e to the area In ~qS~0qi~;~0q0~0~2qA greatly depending ~q= th~er ~nat~qm~qv of the ~s~e~! We ~qM~qM ~qb~u~0qf~0ql~qe~x~o~r for other ~qM~C~4qM~6qM ecosystem~. Research reserve b~o~u~n -~0~6- purposes; (a) At the ~8qf~8qt~qi~a of the ~s~qt~o~6qW~s request nr~~nt~e~n~c~umpa~ss theme -~-~qi~qi~0q*~qin~qw -~q(4~qJ~q7~4qS~&~-~9~0qK~e~,~s~V~6qd~4qf~4qt~qb~2qf~2qt~6q&~qr~C~4q;~qg~-~qte~r~qM ~ adequate c~ontro~qf brim ~o~r~8q*i~qll~qb~e estuarine research. ~qi~n~c~qh~id~ql~E~6qW e~qm ~qic~al for NOAA ~app~qm~v~4qd of a ~qp~top~qos~e~qd ~2qd~8qM factors and proximity total ~qS~ql~8qw~i~,~8q= allowed for established by the ~qm~a~n~2qw~M~qI~qr~qo~a~0qdt~0qy over. to e~x~q1~qi~8qf~8qt~2q" ~- the ~sta~0q* ~n~t~4qor - at r~o ~I~l ~9 ~l~o~qq~u~e~d~qt~qi~Or u~qP t~qO human ~a~ct~8qMt~qfe~v the "" research facilities and educational $40.000 of th pr~0q=~4q= ~qh~q=~8q& to develop the reserve. Genem~ql~qly~. ~6qb~v~qi~qi~6qA~srfe~s institutions-, will encompass two a, ~I~~v~e~-~C~8ql~e'~qY~'h~qi~nd and ~-~q(~q5~q1~qT~qhe site's c~ompati~qbi~ql~q1t~qy~4qw~qi~qth draft ~umn~a~0qp~qm~en~qt plan and fw the water areas (or ~"~C~q=~4q4 ~~qi~qi~e~w~r~ql am ~8~@ ~'~t e~x~qi~g~qdn~qg ~a~qi~L~qd potential land and water collection ~qd~r~e ~qb~s~qt~w~q=~qf~qf~a~n ~n~e~c~e~l~g~a~r~qY for ~qpr~ep~a~qm~qd~o~st of ~t~qh~e~0qe~nvir~on~qm~e~n~t~al buff er zone. Key Is ~q@~qr~6qm ~qG-~q3~q3 ~6qW~A~q-~qT~2q-~qW~qa~i~qm~qu~qr a& cue uses ~2qi~qn co~qn~0q1~8ql~32qo~qo~4qm~q-~0qw~qea~qs- as well ~q88 impact state~qm~2q-~qc~qrt At this time. ~0qd~4qw state - ~q1. and a ~0qb~qa~16qf~16qfer z~6qb~qn~qe ~0qw~0qf~0qil a~qp~qp~6qi~qov c~qoa~qs~40qW and estuarine significantly d~2qi~16qf~16qf~qer~0qir~0qR~6qi~qe~qv-~qC~6qm~qe~2qf~q-~6qd~6qon~6qt~6qi ~4qF~q- ma~qna~8qieme~qn~0qtp~0qla~qn~qs; and ~4qM~12qW also ~4qn~qr~4qb~0qm~12qk ~0q4 ~qa~qe~2qq~qw~08qw f~qc~qm~q; the (see ~6q1 ~4q921~q-~0q1~0q3~6q(~qa~0qx~40qn~0q@ Ili ~28q*~4qi~0qi~qr ~q.-~qK~2qi~64qi~24qh~4qi~2qi~48qd ~0q(~4q6~0q) the ~16qe~16qW~qr importance ~44qVe~0qd~qa~qt t~2qf~8qo~2qn remainder of t~0qi~6qmp~4qa~0qd~qe~qs~8qi~16qP~qat~8qi~qca funds c~qo~6qi~ql~4q@~qsf~qs~00qf~00qt~qr~qrt W ~q% ~q. to- t~0qf~8qi~6qi~0qi~0q6o~qr~@~4qe~q_~q'a~qr~qi~qe~_~qd- ~qn ~0qE~6qn~4qt~qe~q.~qV~2qi~8q6tr~2qi~2qi~q'~2qt~2qi~8qf ~8qith f~qo~qr research necessary to complete a and water areas" refers a d' within the reserve tha~4qL~2ql~qs so vital to t~0qb~8q& ~0q4~q- the need' f~0qb~qx ~qc~qo~qnt~8qh~0qmird ~0qo~4qf the basic ~0qh~qa ~2qIc~q. ~qIC3 at ~4qL ~4qr ~4qb~6qi~2qo~4ql~qo chemica~0qt and b~6qto ~qo c~44qa~q'c'~0qhar~q'acte s I functioning of the e~8qat~q'uar~qin-~6qi`e~q'c~q'~2q3~4qsys~q'~0qfe~q-m~q' -natural system. ~q5~q- Of t~0qh~qe ~qs~12qf~12qt ~qg~qy~0qpro~qv ed by N0~12qA~12qA~q_ The that it must be under a level of control ~6q(~0qd~0q) ~12q&rly in the site selection pr~qoce~qs ~qr~qe ~. the state ~q..~qst~q'~qseek the views of affected state~q's quest ~0ql~6qbr these post site s~,~iff~ic~8qient to ensure the l~qon~8qg~q-t~qei~0qm ~0q1 ~4qt be accompanied b~2qy viability ~qof the reserve for research art landown~qem, local governments. other. selection m~qus natural proce~qs~4qm~q. Key land ~qa~qnd water state a~6qf~6qid' Federal agenc~2qies~q'~qa~4qnd other the information s~2qp~4qe~2qi~6qi~0qf~0ql~qe~4qd In subpart I of areas, which comprise the care area. are parties ~qv~qv~28qu am interested ~2qi~qn the~q'~qare~ql~0qi~4qf~qo~8ql this part a~8qn~4qd. for draft management ~.plan Federal Register / Vol. 55. No. 141 / INIonday, July 23. i9go Rules and Regulations development and environmental impact establishing adequate long-term state state shall give priority consideration to statement information collection. the control over these areas sufficient to the least costly method(s) of attaining following programmatic information: provide protection for reserve resources the minimum level of long-term control (1) A draft management plan outline to ensure a stable environment for required. Generally, with the possible (see I 921.13(a) below); and research. This plan must include an exception of buffer areas required for (2) An outline of a draft memorandum identification of ownership within the support facilities. the level of control(s) of understanding (MOU) between the proposed research reserve boundaries. required for buffer areas will be state and NOAA detailing the Federal- including land already in the public considerably less than that required for state role in research reserve domain. the method(s) of acquisition key land and water areas. This management during the initial period of which the state proposes to use- acquisition plan. after receiving the Federal funding and expressing the acquisition (including less-than-fee approval of NOAA, shall serve as a state's long-term commitment to operate simple options) to establish adequate guide for negotiations with landowners. and manage the national estuarine long-term state controL an estimate of A final boundary for the reserve shall be resear& reserve. the fair market value of any property delineated as a part of the final (b) The state is eligible to use the interest-which is proposed for management plan: funds referenced in I 921.12(a) after the acquisition: a schedule estimating the (8) A resource protection plan proposed site is approved by NOAA time required to complete the process of detailing applicable authorities, under the terms of 1921.11. establishing adequate state control of including allowable uses, uses requiring 1921.13 Management plan and the proposed research reserve; and a a permit and permit requirements. any environmental Impact stat*m*M discussion of any anticipated problems. restrictions on use of the research development. In selecting a preferred method(s) for reserve, and a strategy for research (a) After NOAA approves the state's establishing adequate state control over reserve surveillance and enforcement of proposed site. the state may request to areas within the proposed boundaries of such use restrictions, including use additional predesignation funds for the reserve, the state shall perform the appropriate government enforcement draft management plan development follovAng steps for each parcel agencies; and the collection of information determined to be part of the key land (9) If applicable, a restoration plan necessary for the preparation by NOAA and water areas (control over which is describing those portions of the site that of the environmental impact statement. necessary to protect the integrity of the may require habitat modification to The state shall develop a draft reserve for research purposes). and for restore natural conditions; management plan. including an MOU. those parcels required for research and (10) A proposed memorandum of The plan will set out in detaih interpretive suppcrt facilities or buffer understanding (MOU) between the state (1) Research reserve goals and purposes: and NOAA regarding the Federal-state objectives, management issues, and (i) Determine, with appropriate relationship during the establishment strategies or actions for meeting the justification. the minimum level of and development of the national goals and objectives; control(s) required (e.S.. management -estuarine research reserve, and (2) An administrative sectiorl agreement regulation. less-than-fee expressing a long-term commitment by including itaff roles in administration. simple property interest (eg., - the state to maintain and manage the research. educatiou/inteipretatIon. and conservation easement), fee simple research reserve in accordance with surveillance and enforcement; - ' property acquisition. or a combination section 3-15 of the Act IS U.S.C. 1461. (3) A research plan. including a of these approaches; and applicable regulations. In monitoring design; (I!) Identify the level of existing state conjunction with the MOU and where (4) An educ"ation/interp Iretiv.e plan: control(s); possible under state law, the'state will - (5) A plan for public access to the (iii) Identify the level of additional consider taking appropriate. research reserve. state control(s), if any. necessary tQ administrative or legislative actiab to (6) A constructio; plan. including-. a [email protected] minimum requhvments erisure the long-term protection and', proposed construction schedule, general identified in (a)VI(It. of this section: epwation of the national estuarine descriptions of proposed developments (iv) Examine all reasonable Towarch reserve. The MOU shall be and preliminary drawing& if . , alternatives for sid-airims the kmel of r. signeaprior to research reserve appropriate. Information should be control Identified in (a)(7)(IM of fids designation. If other MOUs are provided for proposed minor. secdm and perform, a. cost analysis of necessary (such as with a Federal construction projects in sufficient detall ench:and agency or another state agency), drafts to allow these projects to begin in the (v) R" in order of cost. the methods of such MOUs also must be included in (including acquisition) identified in 'the plan: and initial phase of acquisition and. . . I h (a](7](Iv) of this 3ectiolu (11) If the state has a federallY de vel op ment. If a iiihor center, paragrap research center_oVmy other facilities An assessment of the relative cost- approved coastal zone management cumentation that the effectiveness of control alternatives program. do are proposed kiqojp@truction or renovation at"thi-she, 6r restorative shall include a reasonable estimate of proposed national estuarine research activities whicl@reqiilriiignificant both short-term costs leg., acquisition of reserve is consistent to the maximitirn construction are pI anniid'. adetailed property Interests. regulatory program extefit practicable with that program. construction plan including preliminary. development including associated See I 921.4(b) and I 921.30(b). (b) Regarding the preparation of an cost estimates and architectural enforcement costs, negotiation. drawings must be prepared as a part of adjudication. etc.) and loni-term. costs environmental impact statement [EIS) the final management plan: and (eg., monitoring. enforce .ment. under the National Environmen *tal Policy (7) An acquisition plan identifying the adjudication. mariagement and Act on a national estuarine research ecologically key land and water areas of coordination). In selecting a preferred reserve proposal. the state shall provide the research reserve, ranking these method(s) for establishing adequate an necessary information to NOAA areas according to their relative' , state control over each parcel examined concerning the socioeconomic and importance. and including a strategy for under the process described -above, the environmental impacts associated with ~0 2~954 Federal Re~g~is~qkw / V~~L ~55. No. 141 / Monday, I* ~qV. 1990 / Rules ~m~d Regulations im~p~f n~*~8qM the draft management funds ma~qy be used in accordance with that the construction activity will not be Plan and feasible alternatives to the the final m~e-~qg~ament plan to c~on~stru~c~A detrimental to the environment. Plan. Based o~n this ~qir~qfor~qm~atian. NOAA research and educational f~a~z~qdli~t~qies, (d) Except as specifically provided in will Prepare the draft E~2qM complete any rem~a~qi~r~2q@ ~qL~a~y~i~qd paragraphs (a) through (~c~q) of this (c) Ear!y in the development of the acqui~si~qb~qnn. and for restorative activities section. construction pr~a~qj~ects~, to be draft management plan and the draft identified -- ~t~ql~@e ~qf~qi~-~na~ql management plan. funded in whole or in part under an E~S. the state shall hold a mee~qb~-~.g in the In any case. the amount of Federal acquisition and deve~q4opment award~q(~s), area or areas most ~&~qL~rected to ~sol~i~4qdt finan~c~q!~a~ql assistance provided to a may no~q@be initiated until the research ~Pu~b~i~ic and g~c~v~e~r~n-~qm~e~nt comments on the coastal state with respect to the reserve receives formal de~3~f~ignat~ion (see s~~g~~~f~icant i~ss~t~ie~s r~ela~ied ~qW the ac~q=sit~qi~o~n of Lands and waters, or ~q9~2~-~1~-30~q)~. This requirement has been proposed acti~c~a. N~8qCt~qL~l~qk w~qil.1 publish a int~q@r~es~ts therein. for a~=~q7 one national adopted to ensure that substantial notice of the meeting in. the Federal estuarine research re~qw~x~ve may~'n~ot progress ~qUi establishing adequate state R~gi~t~er ~q!~q3 days prior ~t~j ~t~qhe me~eti~r~2q4 exceed an amount equal to .~90 percent of control over key land and waters areas The state ~sh~0q" be respon~ai~ib~ql~e for ~t~qhe costs of the lands, waters, and has been made and that a final publishing a similar notice in the local interests th~eret~a ~or SUM= management plan Is completed before media. whichever amount is less. The amount ma~i~or s~qm~ns are spent on c~o~nstruct~`cn. (d) NOAA w~qU~ql publish a Federal of Fed~a~r~0qJ- assistance for development On~q@e substantial progress in Rep's ~~ern~ot~qice c~qf intent to prepare a and ~c~i~o~n~s~itr~u~c~qd~o~n. act~qi~-~v~qi~qt~qies is S~' ~1.~q5~q00~6q= establishing ade~qq~u~R~t~qe state contr~o!~qJ ~d-~~~t ~qE~qi3~.~z~qkf~t~e~r the draft EIS is prepared acqui~s~@~qt~:on has been made, as defined a~d ~qf~qf~qled wi~qd~i the Enviro~nm~e~nt~al ~q1~q9211~q-~211 Mai acquisition and ';ate in the management plan. Protection A~qg~e~q-~n~zy (EPA). a Notice of d~ev~el~op~n~qwt ~aw~ar~ts. by ~6q&~e ~s ~' other ac~t~'~v~qities guid~t~:d by the final Ava~~L~iab~qi~4ql~ity of the DEIS will appear in (a) Assistance is p~z~o~vi~qded to aid the management plan may begin with the F~deral ~6qR~e~8q&ta~r. Not Less than 30 recipient in: NOAA~'~s a~qpp~z~ovaL days after publication ~of the notice_ (~q1) Acquiring a fee ~z~qimpl~e cc less- (~e) For a~ny real property acquired in NOAA will hold at least one public than-fee simple real property interest in whole ~3~r part with Federal funds for the hearing in ~qt~qh~e area or areas most land and water areas to be included In research reserve the state shall execute affected by the proposed national the research reserve ~qbounda~6qd~q" (see suitable fi~lle documents to include estuarine research reserve. The hearing I 92~4q=~q3~q(a~q)~q(7~q@ I 9~q2~q1~-~0qVd)~q?~, ~- . sub~sta.~-~2qWally t~qh~e following provision&. will be held ~no sooner than ~q1~q5 days altar ~q(z~q) ~0qH~u~qm~r construction~, as provided in or otherwise append the following appropriate notice of the meeting has pan~a~qgrap~qh~s (~qb) and Cc) of t~qb~qd~o section: provisions in a manner acceptable been given in the principal news media (3) P~r~epa~qd~n~qg the f~6qma~qk management applicable state law to the official ~ql~a~md and in the F~qed~e~cal Re~qg~0qWer ~qby N~0qOA~qX plan; and rec~ord(~3): and the state, respectively. After a 45~- (4) Up to the point of research reserve (1~q) Title to the property ~c~i~o~qnveyed by day comment period. a final EIS ~v~q4~qU be designation~. imi~tial management costs. this deed shall vest in the ~qf~qt~e~c~qipi~e~nt. ~C~qof prepared by NOAA. eg., far ~qi~qmple~qm~e~n;~2qW~6q* the NC~qLAA the award granted pursuant to section Subpart C-~6qA~c~qq~u~0qM~qd~o~n~, ~0qD~C~V~2qe~0qq~qM~q"~nt~, appro~v ad draft ~z~qm~a~qgement plan. 315 of the Act 1~q6 U.S~.C~. 14~q61 or other and Pr~ep~ar~a~qf~qfon of th~o F~qk~0qW preparing the final ma~na~qge~qm~e~4qW p1~qm NOAA approved state agency], ~aub~qf~e~ct Man~g~e~8qm~e~r~qd plan hiring a reserve m~an~a~6qW and ~o~qt~qh~qm staff to the condition that the designation of as and for ~ad~i~er ~qm~amage~r~n~e~n~qt~- the [name of National Estuarine 921~20 G~*~nwa~qL related activities. App~ql~qic~a~2qf~2qt~e Reserve] Is not withdrawn and the Tb~a a~z~i~qq~u~qis~i~ti~o~n and d~eve~q!~ap~qme~n~qt proce~qd~qw~a~s we specified ~qt~m subpart I of property remains part of t~qha ~qf~qi~ed~qw~a~qR~qy~. -~1~7~.~~. period is ~s~e ~7 ~. ~- National ~qE~qs~qt~qd~q;~ui~ne _~qV~qwated into two major this par~qL designated [name of phases. After ~6qNOAA approval of this (~qb) The ~ex~qpe~ndi~qt~qi~qn of Federal and Research Re~se~tv ~q@ -:- _ _ ~- ~f ~'~. ~.- ~1~~ ~. site, ~ ~a event that th ~~q@~aft management Plan~. and ~qdr~a~4qh -state' f~az~qi~8q& on ~u~0qW~a~r ~co~qn~qstr~u~c~qt~q;~o~6q6~- (2) In t~qh ~i~qd property is ~n~q6 ~NIOU~ and c~qz~inp~qiet~qi~o~n ~of the final ~2qM a activities ~qi~4qA~o~qt a~ql~qlowed during the longer ~6qW~i~4qduded as ~qp~qo~r~qf~a~qfthe ~n~a~w~qArc~qh s~ta~fe is eligible for an Initial ~a~qdq~trix~qi~qd~on initial ~i~a~c~q4~0qd~0qWo~v ~qe~i~8qO~. ~qd~e~v~e~ql~o~qP~qme~n~qt re~qierv~e~. or if th~e~~qd~4qf~4qi~qt~0qo~a of" ~i~nd development award~qf~s~q@ In this ~qt~a~qltia~ql phase. The pr~e~qp~er~a~il~ql~qi~on of ar~4~4qdu~ql~e~c~qt~q@r~el research reserve of which it ~6qb part is phase. the state should work to meet d~i~a~'~-~, a~qnd ~e~a~qgi~qbee ~i p~qt~a~qm ~qt~n~4qd~ud~i~qm~qg ~- withdrawn, then NOA~6qA or tts successor ~qM~0qW criteria req~u ~qm~i~'d ~qfar faunal research ~specif~qica~qdons, for any proposed agency, after full a~nd reasonable reserve designation; ~a~qg~, esta~qbl~qish~qb~6q* cons~qb~qvc~qtli~o~i~q@ or for proposed restorative consultation wi~qd~t the S~qtat~p- m~ay adequate state control over ~0q" key land activities, Is permitte~id. In addition. ~' exercise the following rights regarding andw~a~qter~are~a a~s~s~qp~ec~qifi~e~ql~ql~a~qthe draft m~qk~qW construction ~i~ect~ql~qv~6qf~6qfe~s~, consists& the disposition of the property. ~'~. ~. ~ ~' I management plan and preparing the ~6qy~qi~qth pam~qgra~qp~qh (c~q) of ~qt~qI~p~'~s section also (i) The recipient may retain tide after final management Plan. Them are a~ql~qlowed. The NOAA~-appr~oved draft paying the Federal Government an requirements are ~spe~c~qi~qf~qi~e~2qd~0qf~0qt~q@ ~q1~q92~1 3~qCk management plan --~qt. ~qho~qw~qr~w~r~q= .- amount computed by applying the Minor construction ins kill ~qP~i~qlw~qi~qth include a ~c~o~n~qs~4qt~qm~ct~qi~qo~qn plan i~nd a pub~qli~a Federal percentage of participation In the draft management pla~qz~4q@~4qi~0qi~56q* also ba access plan b~qe~0qf~qo~qr~qa~q'~4qa~12qw award ~0qf~qa~qnd~qs can the cost of the original Project to the conducted during this i phase~q. The be sp~8qe~04qA ~8qon const~qrt~qe~qc act~2qi~q. des. ~0q!~q@~q@ ~qe~q*~q* ~q.~q, ~-current f~qa~12qk ~q'ink t ~qV~qa~8ql~qu~qe~~qof the initial acquisition and development (c) Oft minor ~qc~4q6~qa~qst~8qm~qe~4qt~6qi~8qm activities property; phase is expected to last ~qn~qo longer than that aid ~2qh~qx ~2qf~qn in", p~qa~qrt~6qi~qon~qs of the (~2q1~6q0 If this recipient ~0qd~qo~qe~2qi~q-~0qnot elect to three years. If necessary, a I time. management plan ~4q(~qa~qm~20q* its boat ramps retain utl~qe, the Federal Government may period may be negotiated between the and nature tral~0qls~0q) ai~q* ~6qp~qa~8qi~16qm~12qMe~6qd during ~qz either~q'direc~4qt the recipient to sell the state and NOAA. After research rese~4qm the initial acquisition and property and pay the Federal man ban ~0qf~0ql~q, Government an amount computed by designation, a state is elig~8qibr~0qi~qe ~4q1~8qw a phase. No ~4qt ~qv~qe (~8q3) percent 0 supplemental acquisition and the i~qnit~24qW acqu~2qis~2qf~2qt~2qi~qon and d~0qev ~q1~q1pp~0qly~8qing the Federal percentage of development ~qsward(s) in accordance award may, be ~qexpe~qad~qed. on participation In the cost of the ~qo~qr~40q%~6qb~24qw with ~q1921.31. In ~4qt~20qWs po~qst-d~qe~qsi~4qg:~qn~qat~6qkm faciliti~8qm NOAA must make a specific project to the Proceeds from the "1~q0 acquisition and development pha~qa~8q% determination~q. based on the ~2qf~2qi~qn~6qi~6qi E~8qI~24q& (after deducting actual and reasonable ~0 Federal Register / Vol. 55, No. 141 / Monday, July 23~ 1990 Rules and Regulat~icr~s ~2~9~9~5~7 selling and repair or renovation in the management plan. are under state may request a supplemental expenses, if any, from the sale adequate state control sufficient to acquisi~tion and/or development proceeds). or direct the recipient to provide long-term protection for reserve award(s) for acquiring additional transfer title to the Federal Government~. resources and to ensure a stable property interests identified in the If directed to transfer title to the Federal environment for research: management plan as necessary to Government. the recipient shall be (4) Designation of the area as a enhance long-term protection of the are: entitled to compensation computed by reserve will serve to enhance public for research and education. for facility applying the recipient's percentage of awareness and understanding of construction. for restorative activities participation in the cost of the original estuarine areas. and provide suitable identified in the approved management project to the current fair market value opportunities for public education and plan. and for administrative purposes. of the property: interpretation: The amount of Federal financial (iii) Fair market value of the p~.~-operty (5) A final management plan has been assistance provided for supplemental must be determined by an independent approved by NOAA and contains the development costs directly associated appraiser and certified by a responsible signed copy of the designation findings: with facility construct~-~qi~on other than ~c~qHicial of the state, as provided by (6~q) An ~qN~qIOU has been signed between land acquisition (ie., major constructio~r Department of Co~qinmerce Regulations in th~e state and NOAA ensuring a long- activities) for any one national estuari~n 1~q5 CFR part 24. and Uniform Relocation term commitment by the state to the research reserve may not~qexceed Assistance and Real Property effective operation and implementation ~q$1~,~q500.~r~-~0qM and must be matched by the Acquisition for Federal and Federally of the national estuarine research state c~a a 50/50 basis. Supplemental assisted programs in 15 CFR part 11~. reserve; and acquisition awards for the acquisition c ~q(~q6 Upon instruction by NOAA~. (7~q) The coastal state in which the area lands or waters, or interests therein. for provisions analogous to those of is located has complied with the any one National Estuarine Reserve ma I 921.21(e) shall be included in the requirements of these regulations. not exceed an amount equal to 50 per documentation underlying less-tha~n-fee- (b~q) NOAA will determine whether the centum of the cost of the lands. waters, simple i~riterests acquired in whole or designation of a national estuarine and interests therein or ~q$4~,000.000 part with Federal funds. research reserve in a state with a whichever amount is less. In the case ol (~qg) Federal funds or non-Federal federally approved coastal zone a biogeographic region (see Appendix I matching share funds shall not be spent management program directly affects to this part) shared by two or more to acquire a real property interest in the coastal zone. If the designation is states, each state is eligible for Federal which the State will own the land found to directly affect the coastal zone. financial assistance to establish a concurrently with another entity unless NOAA will make a consistency national estuarine research reserve the property interest has been identified determination pursuant to section within their respective portion ~qof the as a part of an acquisition strategy ~q307(c)(1) of the Act. ~q1~q6 U~.S~.~0qC~. 14~0qA and shared biogeographic region. pursuant to ~q1921.13(7) which has been is C~qFR part ~q930~, subpart ~4qC See Application procedures are specified in approved by NOAA prior to the I 92~q1.4~q(~qb~q). The results of this subpart I of this p~q@~8q& Land acquisition effective date of these regulations. consistency determination will be must follow the procedures specified in (h) Prior to submitting the final published in the Federal Register when a ~q9~0q=13(a)(7). I ~qO~0qZ~I~4qM (e) and ~q(f~q) and management plan to NOAA for review notice of designation is pub ~-lished. See and approval~. the state shall hold a ~q92~q1.30(c). public meeting to- receive -comment on (c~q) NOAA will cause a notice of 1~q221.32 ~' Operation and m~a~4qm~em~ent ~qt~r~ap~ql~e~qm~e~nt~s~qd~o~n of the ~n~qu~n~a~qg~*~qmnt p~0qW~L the plan in the area affected by the- designation of a national estuarine ~'~i ~' ~'~@- ~ estuarine research reserve. NOAA will research reserve to~qbe~qp~qla~ce~*din th~qk~.~ (a) After the national estuarine publish a notice of the ~n~qi~qeetin~qg in the Federal Register. Th~q6~'state shall be resea~rch~re~qi~qi~r~qve~ql~s ~qf~0~_~q~q#~qaI1~qy~ des ~qted. Fe~q4~a~q;a~ql Register. -the state shall responsible for having a similar notice the state Is eligible to receive Fed ~qW- published~~qi~n the local funds t~8qW~qi~qu~qlst the t~qi-ti~i ~qt~qh~e~'opera responsible for h~qivin~qg ai~'~s~qi~0qm~qil 'no ~c~e ~st~qi published in the local meH~- (d~q) The ~qierm "state contro~8qr in and management of the research. 9~q2~q1~.~0qWa~q)(3~q) does not ~ne~qi~2q4~i~qs~'~_ reserve, ~q7~.~q1~i~s p~qu~r~qpos~eof ~2q" Fede~qi~qi~qily~:~. ~qi~qi~r be Subp~a'~6q" ~4q6~q-~0q*~03~qi~2q6~e D~e~qe~6q"~q@~8q" and require that key ~qlazid ~qi~v~2qJ~2q4~a arc" funded operat~qko~n and management Subs~e~qqu~e~'~qi~tt Operation~. owned by to ~a~4qf~4qtt~e In ~qf~qm ~a~ql~4q*~qi~qa phase ~qJ3~.to implement the approved fin Acquisition of ~q1~q6~9~o~8q4~qka~ti~-fe~e~-~s~qi~8qm~qple~' ~n~u~ina~qgement plan and to take the. ~q1~q421~-30 ~qD~G~8qW~q9~qm~qt~ql~*~n Of ~qR~a~q"~O~n~2qd ~qE~s~qt~u~a~r~qk~qm Interests (e.g., conservation easements) necessary steps to ensure the continue( Research F~qt~e~s~e~r~v~e~qs~o and utilization of ~exi~s~qti~n~qg~'State effective operation of the research (a) ~q7~4q%~9 Under Secreta~i~r ~- ~2qmay y regulatory measures are encouraged tic" reserve~. desi~qgna~qte~'a~n area as a na where the sta~qt~o'~can de~@~qno~qi~qi~qi~qt~qmt~e that estuarine research to these Interests find measures aS~SU~qM ~q(b) State operation and management ~o~qt~uational estuarine research reserves section 315 of the-Act. if ~qb~q4se~qd on' adequate long-term State control shall be consistent with the mission. an written fi~ndin~qgi~6qG~8q4~0q6~4q*~q1~qm~qi ~qi~qf~qiet the ~a of the shall further the goal& of the National -consistent with the purpose research reserve (see also I .13(a)~q(~q7~q@ s Reserve System ~4q(s~2qf following r~equ~qi~q1~e~qf~qf~m~qi~6qdt~ql 921 Estuarine Re ea~qrch (1) The G~qo~2q4~qar~qr~2qi~36qk ~4qbf th~4qd coastal &tat's ~2q92~4qi~08qm~2qf~12qj~8q)~8q). Should the state later elect in which the ar~8qe~q*a Is lo~6q6~qated ~8qh~4qis I ~2qt to purchase an Interest in such ~0qla~0qC~qnds~q. ~qJ ~q, ` (c~4q)Fede~08qf~08qtl funds of up-~8qi~qo~8q@~48q"~q,~8q600 nominated the ar~2qi~2qi for~qldes~0qf per ~6qS~4qh~0qat~6qlo~44qi~qas~q'a Using NOAA fun~36qU adequate ~q.~q. I ~4qf~6qo year. to ~6qb~qe-~qi~ql~8qiatched by the state bn a national estuarine re~qisea~4q@rl re~0qierve~q-~q, justification as to~4qi~4qb~qe ~8qi~8qi~0qi~6qid r such- repr~8qisentativ~qe - ~8qf~8qi so/so bast& an a~qv~8qiltable for the ~64qW The area Is a ~qu~2qis~8qit~4qion mu~2qit~q,be provided to NO 'A ~6q!~0q!~6q5~q, ~q-~q, ~q*~q, ~q, ~q-~q-~q: ~q@~q. ~q- I ~q, ~q- ~qJ~q0 I ~q, me a e~0qstuar~8qiri~qe ecosystem that to suitable for operation and ~6qii~40qk~2qi~2qi~72q& ~q' nt of th long-term research and contributes to 1921.31 Suppl~qe~qn~0qm~qit~qal acquisition ~qa~qr~04qW national estu~2qar~2qi~qt~4qie~q'~2qie~4qs~2qi~2qd~2qich res~qi~8qe~0qrv~qe. the biogeographical and typological development awards. ~8qin~qa~0qtu~0qding'th~qe ~6qi~8qit~0qib~0ql~2qi~qe~0ql~qL~04qm~8qi~8qint and balance of the Syste~2q= ~q7 After national estuarine research operation of a basic environmental (3) Key land and water areas of the reserve designation. and as specified in monitoring program. In the case of a proposed research reserve. as identified the approved management plan. the biogeographic region (see appendix I tc ~0 2~~5~6 Federal Register / Vol. ~55, No. 141 / Monday, July 2~3. I~qM R~~I~~ ~~d Regulations this part) shared by two or more sta~qt~qm accordance with section ~q1 ~q92~8qL~q13 and performance evaluations. if other each state is eligible for Federal shall include an administrative experts are to be ~i~nc~i~nd~e~d in t~qhe financial assistance to establish a framework for the ~qmu~ql~qdpl~e-~si~qte research eva~qh~u~rti~on. N~0qQAA will first ask the national estuarine research reserve reserve and a description of the state to recommend appropriate within their respective portion of the complementary research and individuals to serve in ~L~2qW capacity. r~~@ared biogeographic region (see educational programs within the ~q(d~q) Performance evaluations w~q9~ql be ~J ~921.10). research reserve. If NOAA determines, conducted in accordance with the (d) Operation and management funds based on the scope of the project and procedural and public participation are subject to the following limitations: the issues associated with the additional provisions of the CZMA regulat~qic~a~s on ~(~1) No more than $70.000 in Federal site. that an environmental assessment review of performance at 15 C~qFR part funds may be expended in a twelve is sufficient to establish a m~ult~qip~qi~e-~s~qite 9~q28 (ie., I 928.~q3~q(b) and 1928.4). month award period (ie., Federal funds research r~e~ser~qm then the state shall ~q(e) To ensure effective Federal for operation and management may not develop a revised management plan oversight of each research reserve be expended at a rate greater than which. concerning the additional within the National Estuarine Reserve $70.000 per year~ql; component. incorporates each of the Research System the state is required to (2) No more than ten percent of the elements described in ~q1 ~q9~4q7L.1~q3~q(~a~q@ The submit an annual report an opem~qd~c~n total amount (state and Federal shares) revised management plan shalt address and management of the research reserve of each operation and management goals and objectives for all components during the immediately preceding state award may be used for construction- of the multi-site research reserve and fiscal year.-This annual report must be type activities (ie., $~q14~,000 maximum the additional component's relationship submitted within a ~i~qdnety day period per year). to the original ~otte~q(~e~q)~. following the end of the state fiscal year. ~1921~q= Boundary ~char~8qV~es~, ~am~qm~Nl~a~t~er~A~s ~qS~ub~6qW E~q-~qP~e~r~qi~qm~qm~ar~i~c~e E~v~v~qi~qwt~qh~qm The report shall detail program to to management ~qp~qi~0qm ~e~nd addition of and W~qf~qt~qb~qd~qm~s~g~qd ~0~q1 ~0qD~0q"~4qW~ill~i~qd~ql~o~n suc~ce~m~qm and ~a~cc~o~n~sp~ql~qi~s~qhm~e~nts, multiple-aft components~. referencing the research reserve (a) Changes in ~qm~-~earc~qh reserve ~q1021.40 Evaluation of system management plan and. as appropriate. boundaries and major changes to the performance- the work plan for the previous year. A final management plan, tr~u~qd~udi~n~qg state (a) Following ~qJ~es~qi~qg~nati~on of a ~natio~n~s~ql work p~qhm, detailing the projects and laws or regulations promulgated estuarine ~zesea~qmh ~re~s~ervs p~i-~s~an~qt to activities to be ~a~n~qde~8qf~8qt~ake~n over ~qI~qb~e~- specifically ~qf~qm the research reserve, 1~q92~q1.30, periodic ~qper~qf~a~qm~a~n~cs comin~qg~qye~ar to meet the goa~qi~s and may be made only after written eva~qlu~e dons shall be conducted obje~e~6qf~6qtes of ~q(~qI~z~e research reserve as approval by NOAA. If determined to be concerning the operation and described in the management plan and necessary, NOAA may require public management of each na~qtio~qi~8qW ~e~st~qw~f~ql~a~s the state's role in ongoing research notice. including notice in the F~ed~e~qm~ql research reser~y~qi~q@ ~I~qn~c~4qU~ln On research reserve programs~, shall also be included. Re~g~qW~qw and an opportunity for public and m~an~qk~o~r~qi~n~qg, ~r~o~n~qA~l~qw~i~p~Al Within~, I ~q921A~qI Suspension of ~#1~q1~q9~q2~q01~q11t~qy for comment Changes in the ~qb~o~k~qmdar~qf~es of the reserve and education and ~qt1~n~an~c~qh~qd~a~s~2qd~a~qt~enc~e, the research reserve Involving ~8qdw ~qinter~qpre~qi~qt~qk~ve a~cd~6qd~qL~qi~a~q& Evaluations may (a) ~8qWa ~0qper~4qk~qma~nc~e ~evalua~qtk~qm ~qw~m~0qk~r acquisition of properties not fisted In ~ql~qh~a a~s~qiess perf~q6rmanc~qi ~8qk I. all aspeIeta of. ~q92~q1.~q40 ~qm~ve~a~8qb that ~qi~q1a ~ope~r~al~qlo~n and management plan or final EIS require research ~.operation a~nd of ~0qf~0qf~0qie ~qm~ae~a~r~ch reserve Is public notice and the opp~or ~.t~un~i~ty~ for ~qma~na ~t or may ~qI~qM~1~1~-~a~f~e~A in scope. management. Sermon defi~c~qi~qn~4qK ~qor got ~0qae research be~0qf~0qt focusing comment;. In certa~qE~qd cases, an ~6qh~qi~i~q@~4qa~-~o~0qr~- ~- ~- ~-~_ ~,~- ~qe~ql~qs~qi~qd~-~A ~. ~.~ic~o~nd~uc~qi~e~qd ~q@~0qAth~qin the reserve I~qs to( ~. environmental ~a~s~qie~qs~s~qment and p~qo~qi~s~qibly. im ~4qi ~qw port a~ e~v~qi~a~q6~qi~o~n~e~o~U~qd~qI~qj~a~qp~ac~qt' ~s~qh~r~qlern~qe~nt, -.as ~p~n~a~fru~qi~qi~s~0q@~8q" con~s~qis~qt~e~s~qit w~qF~0qA ~0q&~O~6qZ~etuar~6qb~el~qtese~a~rch Gu~qld~e~qlk~e~a~r~e~qf~e~r~qm~ced~q(~D~-~s~u~qb~qp ~qt~4qFQ~qf~'~_~'~_ may~b~q@ ~qi~e~2qT~qAre~4q& ~0qV~W~0q%e~r-~q4'~qp~0qM~qK~c ~n~q6~qf~qici~e ~4qU -and ma~qnag~qo~qm~e~n~qt~qma ~X~2~31~0~q1n~e whether ~s~i~q:~qi~6q@ to ~qy ~4qw~s~@ ~qP~qW~qL ~4qi~qi e~4qu~qg~8qm~2qa~qy of ~qi~4qh~e ~l~8qv~8qm~8q@~, N~0qCAA w~4q0~qp~ql~e~ce a ~not~6qk~e ~qt~n~-~q*~q!~.~ ~s~qi~c~qi~qi~qi~s~qi~l~qi, ~-~q;~_~1~1 ~_~:~i~A~A~ .~, - ~q- ~4q4~- ~. reserve for ~qF~*d~a~qr~al ~qf~qf~ha~nd~a~ql a~s~e~2qw~qA~zi~c~qi~e the Federal ter Of ~9~8q*~q0r~opo~s~q4d com~qplia~qi~6qk~e ~vAt~2qi ~qi~qf~qi~l~q@~z~' ~q_e~qq~q9~qL~r~-e~qm~e~U~qf~q& ~4~) L -~' ~q3 as described in these regulations ~xn~q@~qy be changes In re~se~er~6q6 reserve boundaries these ~U or p ` d major changes ~qt~o~-th~qe f~qina~qt t~qi~o~n and man~ag~e~q=~6q@~6qF~6qa ~~op~o~qn I management plan. The state -shall be'-; "the ~2q2~qm~qm~o~8qr~r~v~a is ~c~ons~0q4~qf~e~n~t responsible for publi~sh~qin~6qt~qan e~qq~u~qf~v~a~4qk~n~qf a~nd~qf~qi~r ~S~qh~qm and goals of the (~qb) NC~qIAA will provide the ~s~4qf~4qtt~@ with R~qw~qW~v~* ~0qR~g~s~e~4qq~4q*_~qw~, --a written notice of the ~qd~e~4qAci~e~nc~qy at- nonce In the local me~qd~qfa.~.~qSe~e-a~ql~qw ~@~'Nati~o~n~2qa V. This ~no~iti~c~e ill "Plain '~qand -nc~o~n ~q'~St~4qW~, requirements of I ~q921.~q4~q(~qb~q)~-~s~qi~b~qi~ql S~qys~qf~a~qin I ~qQ~6q=~qk the ~qg~qn~qa~i~n~qs, ass~qm the Fed~e~n~qd rob In ~'~I~'(2~qJA~4q=~c~a~n~qf~qf~n~qM~qt~0e~)~qdstI~q& n~g~l~i~qp contributing to the problem propose a (~b) As ~qd~qi~sc~us~s~e~qd~qI~qn I ~qi~ql~qi~6q@ a state support any one at awn of th~a solution ~or solutions, prov~qi~t~ql~e a w~qJ~q*~qd~L~8q" may ~8qdx~qme to ~ti~v~r~e~ql~o~qp ~&~0qA~2qW~qt~0qW~e~-~a~0qf~0qt ~q7~c made Under I ~qG~qZ~qL~q3~0qW~<~8q4 national e~qSt~qma~qz~qi~qn~qe ~8qk~qz~8qn~8qw~8qm a~qft~qm (~qb) Generally. ~0q01~8q6~cm~a~qin~c~e~q.~qi~v~qill be" by which Ike Mate Should ~qUmedY the initial a~qc~2qq~qn~6qis~16qM~qa~0qd ~8qw~24qd development~q'~q! evaluated at lead Mary t~8qh~qr~qe~qa ~6qy~qJ~qea~8qM~q-~q:~q*~q-~q-~q-~q@~-~qI~q' deficiency or inco~qos~2qi~qs~4qte~qn~qcY~q. ~qd~q8~24qd ~qN~04qW~qO award for a single silo ~4qb~qa~qZ~28qU~28q&~q.ma~4qd~qe~q. ~q@~8q7 More ~8qh~qiqu~qen~8qt evaluations ~qa~8qw~0qy be wb~6qil~qlth~8qf~8qf ~0qt~0qh~qe state's el~2ql~6qoibility ~4q1~8qw Federal financial a~qs~qs~2qi~2qls~4qt~4qm~qo~qv has been Public notice of the proposed add~2qi~6qdoz~qz -:~q;~q* s~4qched~qul~qs~qil as ~0qA~qp~qt~qa-~ql~qn~4qi~qld ~8q1~2q6 ~28qU ~60q3- will be placed by NOAA In ~8qd~8qw ~4qF~qe~0qd~0ql~qeral necessary by In. whole or par~4qL. in We notice the state Register. The s~04qw~4qe shall b~qer~qespo~4qw~qiti~0qbl~qe (c) P~qarfo~qrm~qa~qn~qc~qe ~qev~qs~8qi~56q"~qj~qd~2q@~qn w~24qMb~qL--~q'- shall also be advised that it may.,;-- for publishing an equivalent ~q.~qn~qadc~qa in; ~qJ~~q' co~qndu~16qd~qe~24qdby.~20qF~qad~qe~8qra~8ql ~qo~24qf~24qf~24ql~0qd~20qkIs~q.~20qV~24qA~qk9~24qd~q-~q'~4q-~qV~q'~q- comment o~4qn this finding and meet with ~6qp determined to be ~qn~qec~qes~qsa~2qi~0qj. ~20qYederal and NOA~52qA officials; to di~qsc~qu~qI~qS t~6qh~qe ~qr~4q"~q0~48q6 Of the local ~4qm~qe~4qd~2qI~4q& An ~qop~2qpo~qr~0qt~qu~qal~0ql~2qy foe ~qT~q3 comment. in addition to t~0qh~qe P~qreParat~2qi~qnl~8qi - no~qn-~6qFe~0qd~qa~8qm~4qt in ~4qn~qat~qur~qs~qtl ~qv~qes~qc~qurc~qe~, the pew ~4q9 ~qr ~qa~qn~qc~qe evaluation ~qs~4qud s~4qm~24q& to of either an environmental assessment management. e~qstuar~2qi~qn~qe~q-~qr~qi~qe~qs~qe~qa~qr~qoc~32qk remedy the ~8qd~qe~4qf~4qi~.~qc~6qf~qen~qc~6qY of ~6qk~8q=~qn~q$~20qb~0q!~q4~4qn~qcY- ~4q(~qc~0q) El ~8qm~qer~qv~qe ~4q(~8qw ~q-interpretation Of Other ~qf~qt~16qw~qe~qc~4qt~qs~q'~qo~8qd~q' ci~72qybil~2qity of a ~8q=s~qs~qarc~0qh or environmental impact statement on I the prop~qo~qsaL will also be ~qn~12qm~08qpire~20q& Aft national e~qstua~qr~08q*~4qW research TOW" ~8qA~qn~qs~qt~qu~qd a~qss~16qht~qanc~qe under the" environmental impact ~qsta~6q&~q4~qne~qnt, if operation and ~qn~0qon~qe~8qs~qe~qa~0qw~qn~0qt miry be regulations shall b~qe ~q1~q8~04qd~qor~qed upon required. shall be prepared in requested by ~96qNOAA to participate In written notice by NOA~64qA to the state ~0 Federal Register / Vol. 55, No. 141 / Monday, July ~23, 1990 Rules and Reg~~lations 2~9~9~i that ~t~qhe deficiency or inconsistency has I 921~.21(e) regarding the disposition ~o~qf to any other funds available to a coas~ta been remedied. real property acquired in whole or part state under the Act. Federal research (d) If. after a reasonable time. a state with Federal funds shall be followed. funds provided under this subpart must does not remedy a deficiency in the ~q(f) NOAA may not withdraw be matched equally by the recipient, operation and management of a national designation of a national estuarine consistent with I ~921~.~81(e)~q(4) estuarine research reserve which has research reserve if the performance ("allowable costs"). been identified pursuant to a evaluation reveals that the deficiencies performance evaluation under in management of the site are a result of ~q� 921.51 Estuarine research guidelines. I 9~q21~.40(a~q), such outstanding deficiency inadequate Federal financial support. (a) Research within the National shall be considered a basis for Estuarine Reserve Research System withdrawal of designation (see ~qJ 921.42). Subpart F~q-Research shal.1 be conducted in a manner 921.42 Withdrawal of designation. ~q1921.~50 General. consistent with Estuarine Research (a) Designation of an estuarine area (a) To stimulate high quality research Guidelines developed by NOAA. as a national estuarine research reserve within designated national estuarine (~qb) A summary of the Estuarine may be withdrawn if a performance research reserves, NOAA may provide Research Guidelines is published in the evaluation conducted pursuant to financial support for research which is Federal Register as a part of the notice 921.40 reveals that: consistent with the Estuarine Research of available funds discussed in (1) The basis for any one or more of Guidelines referenced in ~q1921.51. 921.50(c). the findings made under ~qJ 921.30(a) in Research awards may be awarded (c) The Estuarine Research Guideline designating the research reserve no under this subpart to only those are reviewed annually by NOAA. This longer exists: designated research reserves with review will include an opportunity for (2) A substantial portion of the approved final management plans with comment by the estuarine research research conducted within the research the following exception: NOAA may community. reserve, over a period of years, has not award research awards under this ~q1~q921.52 Promotion and coordination of been consistent with the Estuarine subpart to reserves without final estuarine re~s~earct~L Research Guidelines referenced in management plans that have been (a) NOAA will promote and subpart F of this part: or designated prior to the effective date of coordinate the use of the National (3) A state. after a reasonable ti~r~ne. these regulations: In the absence of an Estuarine Reserve Research System for has not remedied a deficiency in the approved final management plan. research purposes. . operation and management of a however these reserves will be eligible (~qb) NOAA will, in conducting or research reserve identified pursuant to for research awards during only the first supporting estuarine research other tha~i an earlier performance evaluation two years after the effective date of that authorized under section 315 of the conducted under ~q1921.40. these regulations. Although this research Act give priority consideration to (b) If a basis is found under may be conduct~qid within the immediate research that uses the National I 921.42~q(a) for withdrawal of watershed ~'f the research reserve. the Estuarine Reserve Research System~. majority research activities of any designation. NOAA will provide the ~of~o (c) NOAA will consult with other state with a written notice of this single research project funded under this Federal and state agencies to promote finding. This notice will explain the subpart must ~ql~i~q@~s conducted within use of one or more research reserves basis for the finding, pro within the National Estuarine Reserve pose a solution reserve boundaries. Research funds are or solutions- and provide a schedule by prim~l~arily used to support management- Research System when such agencies which the state should correct the ',related research that will enhance' conduct estuarine ~q1~@~q6~se~sirch~. deficiency. In this notice, the state shall scientific understanding of the research ~. ~. ~- ~@ ~1~: ~ -~, ~@~i ~.~. ~:~~.~" also be advised,~qthat it may comment on ~.reserve ecosyste- &-provide ~,information S~ubPart~4qQ~qg~2q@t~O~r~qh~0q4~qi the finding ~and meet with NOAA ~6qr~ri~qie~q4ed ~0qV~qi~'~0qO~s-e~r~y~"e~i rs and ~q6~q6a~s~qt al 9211.~q60 ~_~#~8qQ~~0C M ~qi~qW~aL ~ ~" officials to discuss the ~qfi~n~qA~in and seek, ~-~,~qp~ana~qgeme~nt d~qe~qc~qt~qs~qi~) e r~e, and ~qf ~6qA~4qw~.~q@ ~- ~- ~A~qV~A to co~qi~qre improve (a) To p ~ct ~qthe'def~qic~qiency. ~.- - : : ~@ ~@~- p~qi~abl~qi~c ~qa~6q*~qire~qi~ie~s~s and ~r~q6~qi~qlde a systematic basis for (c) If. within a reasonable period of -understanding ~q6f-estuarine' ecosystems evelopi~n~qg a high quality estuarine time, the deficiency is not corrected in a and estuarine md~-~n~qigeme~qit Issues. resource and ecosystem information- manner acceptable to'NOAA~. -a notice Research projects may be~qo~i~n~fe~-~nited to base for ~na~it~qional estuarine research of intent to withdraw.desig~nation~.~'w~qith specific research reserves: however. reserves and. as a. result. for the System an opportunity for co~n~qq~uent, will be. research projects that would benefit NOA~6qAmay p~qro~.v~qid~qe ~qfl~i~aa~z~ic~qial support placed in the Federal Register.-_- ~: . ~- more ~qf~qlum one research reserve in ~6qf~6qt ~qf~ur~qnon~qit~o~r~2qW~qSpr~o~qgmm~s. Monitoring (d) The state shall be provided the National Estuarine Reserve Research fin~i~qds are used to support three major opportunity for ~qi~4qi~q@~8qaormalhe~qarin~qg System are encouraged. phases of a monitoring program; studies before the Under Se~8q&e~qiary to consf der ~q(~qb~q) Federal research funds under this necessary for comprehensive site NOAA's finding a de~q@~2q4~q6~0qw~@~q__~qn~qcy ~qand intent subpart are not intended as a source of descriptionlcharacterization. to withdraw de~qs~6qI~6qj~6qi~2qi~84qg~qc~4qb-~20qZ~q*.~q_ ~0qU a" the' continuous' funding for ~6qi ~4q@a~qirt~2qicular ~2qde~4qy~qe~4ql~qo~6qp~20qme~qnt of a site profile, and state's comments on'~qi~32qM~4ql resp~qoiiie to project over time'. Research funds may implementation of a monitoring e"n~q"~q'n~qa~4qiice~q-~q-p~q'~4qw~q-~q'~q#~q'u~q'a~q'~qntto'~. NOAA'~qs wr~2qitt be used to support start-up costs for program.* I 921.42(b) and Fede~2qial ~48qk~qe~0q;~6qjIst~0qi~qr~q"not~6qic~8qe long-term ~0qOi~8qbjecfs if a~4qh applicant ca~qn-T ~q' (~4qb) M~qo~qn~2qi~0qt~6qb~2qi~2qf~2qi~4qi~6qi ~4qKL~2q@~0qds are av~8qi~qt~2qilable on pursuant to I 921.42(c) ~q. ~q6~q. ~q; ~."I identify an a~4ql~4qtern~0qit~6qi~@~8qve~q*~qsourc~0qe~q-of long- a competitive basis to the ~qst~4qat~ql~2qq agency (e) Within 30~q'days ~qa~4qhe~q'~qr ~4qt~0ql~0qi~8q@~04q@o~8qr~40qm id term research ~qsup~0qoo~2qit~q.~q* A-~q-~q, resp~6qj~q)z~2q!~2q;i~8qb~8ql~6qq~4q_~4qf ~0qr~0qV~8qs~0qi~qr~2q@~8qe management ~q'or hearing. the Under Secretary shall issue ~. (c) Research funds are available. on a ~32qlualif~2ql~6qid ~64q@~68q@.~0qtlic or private person or a written decision regarding the competitive b~2qis~6qi~0qs~2ql~2qo any coastal state or e~qn~48q#~76qj~48q4e~6qi by the Reserve. ~ designation status of the national qualified public or private person.' A However.~q. if the applicant is other than estuarine research reserve. If a decision notice of available funds will be the manag~8qin~6qj ~0qi~4qnt~8qity of a reserve is made to withdraw research reserve published in the Federal Register. research (coastal state). that applicant designation, the procedures specified in Research funds are provided in addition must ~qsubm~qi as a part of the application ~0 299~8 Federal Register / Vol. ~qM, No. 141 1 Monday, July Z3~ 19~90 Rules and Regulations a letter from the reserve manager recipient. consistent with ~qI ~q9~q21~-81(e)(4) public or private person may apply for indicating formal support of the (-allowable costs-). Federal financial assistance awards for application by the managing entity of estuarine research or monitoring. 'Me the reserve. Monitoring awards will be ~921.71 Categories of p~ot~ent.~4qW announcern~ert of opportunities to made on the basis of a five-year interpretive and educational p~r~o~4qo~ct3; conduct research in the reserve sys-t~er~n performance period; and with initial evaluation criteria. appears on an annual bras-Is in the I funding for a twelve (1~1~1) month period; (a) Proposals for interpretive or Federal Register. If a state is and with annual supplemental funding educational projects will be considered part," cipating in the national Coastal cont~L~gent on ~8qM~i~qlo~rmance and under the following categories: Zone Management Program. the a pp~mpriati~ons under the Act. (1) Desig~rL development and applicant for an award under section d~qis~tributi~on/p~q! acement of interpretive or Monitoring funds are provided in ~r 315 of the Act shall notify the state addition to any other funds -available ~0 educational media (ie.. the development coastal management agency regarding a coastal state tinder the Act. Federal of tangible items, such as exhibits/ the application. m~~itcr~qin- funds must be matched displays, publications, posters, signs, (b) An original and two copies of the equally by ~t~qh~,~? recipient. consistent with audio/visuals~, computer software and formal application must be submitted at ~92~~81~fe)~q(4~q) ('allowable ~c~csts"). maps which have an educational cr ~(~~ least 1~q20 working days prior to the Monitoring projects funded under interpretive purpose; and techniques for proposed beginning of the project to the ~t~, following addre this Sub-art must focus on ~t~ql~i~a resources making available or locating information ss: Office of Ocean and within the bcu~ndaries of the research concerning research reserve resources, Coastal Resource Management, reserve and must be consistent with the activities, or issues); National Ocean Service. National a p~p~h cable sections of the Estuarine (2) ~q6evelopment and presentation of Oceanic a~nd Atmospheric Research Guidelines referenced ~qi~n curricula, workshops, lectures. seminars, Administration, Universal Building � 92~1.51. Portions of t~q1~ql~ie pro~;~c~ct ~qmay and other struc~qtured programs or occur with~qm the immediate ~iwate presentations for facility or field use; South, 1~q8~q2~q5 Co~in~r~iec~ticut Avenue. ~2qNW~, of the Reserve beyond the site r~shed (3) Extension/outreach programs; or Suite 714. Washington. DC 20235. The boundaries. However. the monitoring (4) Creative and innovative methods Application for Federal Assistance Standard Form 424 (Non~-~c~o~n~stru~cti~on proposal must demonstrate w~qt~ry this is and technologies for implementing Program) constit~at~es the formal ~- I necessary. for the suc~qde-~.~. of the project interpretive or educational projects. application for site selection~. post-~s~qi~qte (~qb) Interpretive ~a~nd educational Subpart H-~qInt~e rpr~et~at~qi~on and projects may be oriented to one or more selection. operation and management. Edu~a~2qWn research reserves or to the entire research. and education and i~nte.~l~. system~. Those projects which would awards. The Application for Federal ~1~92~~q00 ~qG~e~nwa~qL directly benefit more than one research Financial Assi~4qdance Standard Form 424 (a) To stimulate the development of reserve, and. if practicable. the entire (Construction Program) constitutes the. innovative or creative Interpretive and National Estuarine Reserve Research formal application for land acquisition educational projects and mat~e~r~ia to System. shall recelve priority and develop-ant awards. The enhance public awareness and consideration for funding., application must be accompanied by the understanding of e~2q"r~qj~ue~qf~qire~a~8qc _~! ~. information required In subpart B ~q(~c~q) Proposals. for, ~6qk~qa~e~q-rpretive and (predesignation) of ~q1~q1~ri~s part. subpart C NOAA may fund interpretive ~qw~hd educational activities. Interpretive a ~~nd educational p~ro~ql~qi~q6t~qi In national of th~qi~qi pad and I 92~q2~8qM (acquisition and educa~qf~qi~on~alawa~r~qd~s~qm~qOY~4q0~8~4qW~4qW~qO~O~qO estuarine resea~rc~qh~s'~es~e~r~ve~qi~s~-w~6qM be deve~q1~*p~q,~,~1~qJ~. and I~qS~qZ1~0q= (operation a. evaluated in a~qbc~o~rdan~qi~qm~-~4qW~qi~qth 'criteria,. ~c~a~qb~qI~q4.~' under ~qth~qi~qi subpart to o~a~qX~qy~!t~qh~o~s~e listed below-':. and m~qi~r~qia~qie~ti~t~6q6~it~q)~'~j~qis app~ql~qi designated research re~2qeerve~s~.with Applications for development awards-, ~- ~. (1) ~Vd~i~v~rA o~n~al or l~i~n~t~p~r~pr~et~i~qv~qs merits; or rest~er~irtiv~e ~- approved final n~r~a~n~a~qgeme~qh~ql ~qp~ql~qi~t~i~ts with for construction p~qm~qjec~qt~s. ~Ahe following exception: NOAA may ~. (2) R~a~qle~qy~anc~qie~'~a~r ~qI~qmp~8qa~, ~qd~'an~qc~e to reserve activities~ ~qI~nv~o~ql~v~qir~2q* construction. must. award management or c~oa~s~2qW d~eci~qs~l~o~r~im ~.~qak~i~n~qg;~, ~e~n~qi~4qO~n~ee~2qf~2qt~qs report. ~- research award~a~0qE~qid~qir this (3) Edu ~- . include a preliminary subpart to reserves w~qi~qf~qft~out ~qf~qirt~qil ca~qt~qi~o~z~8qW quality a A~ql~qi applications must c~ont~atn back up management plans that ~"have been soundness o~qf app~roa~qch.~.axpe~r~qi~qm data for budget es~qt~qIm~e~4qf~4qts (Federal and designated pr~qio~'~r to theeffec~qti~v~e date of related to methodologies~q); - ~. non-Federal shares). and evidence that these regulations; in the absence of an (4) Importance to ~qt~qh~e Nati~q6nal the application complies w~qi~qC~a the Estuarine Reserve Research System~: approved final management plan: ~. ~. Execat~qt~ve Order 123~q7Z (~q5) ~0qBud~2qpt and~.~q1~n~qati~qt~a~qtio~nal ~ZInt~er~qgo~vernmental Review of Federal however these reserves ~0q*~qi~ql~ql be ~e~2qWb~qIe Capabilities ~qCe,~6q&~.~'~r~eas~qi~on~qablen~es~s of Program~is~.~@~-~' In addition, applications for for research awards ~8q&~4q&~"~6q" y e _~qh~q$~'~q6~qi~qil ~qt~qh first b~@~-~.~:~,~,~-~qL~s~u~qi~qi~ql~6qde~n~q@y~o~qf~qlo~qi~qF~qLsticalsu~qpp~o~r~qt~ql~- acqui~sit~qi~on~qand dev~elop~i~r~c~.-t awards two years after &a ~e~qf~qf~qb~6qa~qi~qe date ~qof an~qd~o must contain: these regula~qtion~qi~. (~q6) In addition. In the case of long- ~q(~q1~q) state Historic Preservation Office (~b) Educat~qion~qa~ql~'~qa~n~qd I~nt~e~qrp~i~re~it~qive' funds term projects. the ability ~af the State Or are available ~q*~qn~q'~qvi~6qc~4qo~2qi~2qi~2q#~40qW~6qH~qv~6qi ba -a's t~qo ~q. the grant ~qre~qcipi~qe~qn ~.t to support the p~qi ~qr~qo~4q)ec~4qt ~qa~4q6mment~qi~qr. any coastal ~qf~qf~4qta~4qte e~4qht~2qIt~6qY~q.~q-~q,~6q1~4q4~qo~0qW~.~6q6~qV~q1~6qL~q- if the* beyond this initial ~0qf~0qi~ql~0qp~2qfliz (2) Written approval ~24qf~24qi~qmm ~6qP~2q40AA of applicant is o~2qt~4qh~20qe than ~q9~q1 it the draft management Plan for inidal entity ~8qof a research re~4qse~0qi~0q@ve, that S~4qu quis~08qm~qo~qn aid development award~6qfs~0q@ ubpart ~0q1~q-~q-~24qG~8qi~qn~qer~16qW ~0qFl~qnan~qc~2qla~6qt~.. a~qc applicant must~q.sub~qa~qu-~8qI as ~6qi~q'~0qoa~qr~2qt of the Assl~qat~qzr~qi~qc~qe Provisions and ...... ~qi~q.~q; application a letter from the. re~q'~0q@~q'erve ~4q(3) A preliminar~6qy~q'en~2qginee~2qi~4qin~2qg ~4qTe~2qport manager in~0qd~8qica~0qt~2qIn~2qg ~4qform~2qid~ support of th~qe ~8q1921.80 ~4qA~4qp~4qplicat~0qic~qt~q1~0q@~4q6~36q6~0qm~qu~0qd~0qlO~0qm for cor~8qi~qst~qr~6quction projects. or restorative ~qp~qp~ql~qi~cation by the entity of (a) Only a coastal state my apply for activities involving construction. the reserve. These~qJ provided in Federal financial ~8qi~qs~0qi~qsist~4qs~24qm~qL~8qi~q'aw~q'ards for addition to any o~6qthe funds available to preacquisitio~8qn~q@ acquisition and ~4q1~0q921.~4q5~0q1. A~4qi~qll~qo~qwab~ql~qe cost& a coastal state under the A~qc~8qL Federal developr~qa~8qint. operation and (a) Allowable costs ~0q;~4q@~6qill b~qa~q' interpretation and educational ~6qfan~2qds ~q' management. and education and determined in accordance with must be matched equally by the interpretation. Any coastal state or applicable ~20qOMB Circulars and guidance ~0 Federal Register / Vol. 55~ No. 141 / Monday~ July 23, 1990 / Rules and Regulations 29959 for Federal financial assistance, the dete~n~ni~ning the value of the benefits 10. West Flo~nda ~q(~qFL Jefferson to Cedar ~qr~inancial assistance agreement. these foregone by the state, in the use of the Key). regulations, and other Department of land. as a result of new restrictions that Louisianian Commerce and NOAA directives. The may be imposed by Reserve designation~. ~1~1. Panhandle Coast (Cedar Key to Mobile term "costs" applies to both ~t~qhe Federal The appraisal of the benefits foregone Bay). and ~non-Federal shares. must be made by an independent 12. Mississippi Delta (Mobile Bay to (b) *Costs claimed as charges to the appraiser in accordance ~%~qith Federal ~qCalves~to~'n). award must be reasonable. beneficial appraisal standards pursuant to 1~q5 CFR 13. Western Cuff (Galveston to Mexican a~rd necessary for the proper and part 24 and 1~q3 CFR part 11. A state may border). efficient administration of the financial initially use as match land valued at C~a~ql.~,~4~qb~rni~on assistance award and must be incurred greater than the Fed~cral share of the 14. Southern California ~q(~1~4e~xican Border to during the award period. acquisition and development award. Point Concepcion). (c) Costs must riot be allocable to or The value in excess of the amount 1~5. Central California [Point Concepcion to included as a cost of any other required as match for the initial award Cape Mendocino). Fe de rally- finance d program ~qin either the may be used to match subsequent 1B. San Francisco Bay. current or a prior award period. supplemental acquisition and (d) General guidelines for the non- development awards for the national Columbian Federal share are contained in estuarine research reserve (see also 17. Middle Pacific (Cape Mendocino to the Department of Commerce Regulations at ~q1921.20). Costs related to land Columbia River). 18. Washington Coast (Columbia River t~o 15 CFR part 24 and OM~q1~q1 Circular A~-110~- acquisition, such as appraisals, legal Vancouver ~qI~s~qlan~qd~ql. Copies of Circular A-110 can be fees and surveys. may also be used as 1~9. Puget Sound. obtained from the Marine and Estuarine match. Management Division; 1825 Connecticut (3) Operation and Management Great Lakes Avenue. NW., Suite 714; Washingto~r~t, Awards. Generally, cash and in kind 20. Western Lakes (Superior. Michigan~. DC 20235. The following may be used in contributions (directly benefiting and Huron). satis~qh specifically identifiable to operations yin~qg the matching requirement: ~2~1. Eastern Lakes (Ontario. Erie) (~1) Site Selection and Post Site and management), except land. are Fjord Selection Awards. Cash and in-kind a~ql~qlowable. 22- Southern Alaska ('Prince of Wales contributions (value of goods and (4~q) Research, Monitoring. Education Island to Cook Wet). services directly benefiting and and Interpretive Awards. Cash and in- 23. Aleutian Islands (Cook Inlet to Bristol specifically identifiable to this part of kind contributions (directly ~qbene~qfiti~6qN Bay). the project) are a~ql~qlowable. Land may not and specifically identifiable to the scope ~qS~qb_A~,,~t~qi~c be used as match. of work). except land. are allowable. (2) Acquisition and Development 24. Northern Alaska (Bristol Bay to Awards. Cash and in-kind contributions ~q1921.82 ~qArn~endm~ent~st~o~f~qin~ancl~al Demarcation Point~q). are a~ql~qlowable. In general. the fair market assistance awards. ~l~qw~&~dar value of lands to be included within the Actions requiring an amendment to 25~. Ha~v~i~t~qf~qi~a~n, Island research reserve boundaries and ~'~~- -~' the financial assistance award. such as z~& w~e~l~qm~qm pacific island. acquired pursuant to the Act. with other a re~qq~qi~i~qist for additional Federal funds, z~7. Eastern Pacific Wand~. than Federal funds, may be used as ~' - revisions of the approved project budget match. However, the fair market value* or original scope of work. or extension Appendix ~6q8 to -Part ~q921-Typolo~qgy of of real property a~ql~qlowable as match is d must be National Es~qh~uuin~e Research Reserves of the performance perio limited to the fair market value of ~si-i~2qQ sub~2q&~qltted to NOAA on Standard Form Thi~s.~typology syste~'m-~re~i~qf~qlects significant property interest equivalent 42~-4~'a~q-~n~qd approved in writing. differences In ~estu~ar~qt~n~qich~aracterist~qics that required to attain, the level of control am not necessarily related to regional over such lan~qd(~s) identified by the state- A~qpp~e~nd1x~q1~I~*P~v~qA~2~q=~q-R~qW~qX~eo~q8~qmphic location. The Puma= and approved by the Federal ~~.~qC~ql~qm~s~8qm~qm~qG~qm S~c~qh~qw~a~s c~qlas~0qg~qi~ql~ic~at~qio~n is to maxim~qi~qn ecosystem -Government as that necessary for th~qe v~ar~qL~-~6qW in ~T~qhe selection of national estuarine ~'A~qA~8q@ protection and management of the ~qm~qwarc~qh reserves. Priority will be given to ~i. Northern Gulf of Maine (Eastport to die tr~ap~o~r~ta~nt ecosystem types as yet national estuarine research reserve.~@ Sheep~ecot River). ~u~nrepres~e~n~ted in the reserve system. It Appraisals must be performed acc~ordin 2~. Southern Gulf of Maine (~qShee~psc~o~t River should be noted ~8q" any one site m~a~qy to Federal appraisal standards as - ~i~o Cope c~qo~8q4 ~0qMm~se~n~t ~seve~nd ~ec~o~qmtem of detailed inDe~qo~0q&~4q@~4q&~qt~_o~qf Commerce I physical characteristics. regulations at ~q25~C~qER pa~qk~qf 24 and the, ~pes Uniform Relocation Assistance and Real 3. Southern New Wand (Cape Cod to Class ~qI-~qE~c~os~y~s~z~q@~a? ~qT~@ Property Ac~qq~u~qi~stt~qi~qd~u~"~2qI~0q&Fe~qderal -and Group ~qI-S~qhorela~nds Federally Assisted ~qa~q-~8qm~qa~" In it C~qFR 4~q* ~qN~qf~qidd~qle Atlantic [Sandy Hook to Cape A. ~qv~0qi~qa~00qdt~4qime ~4qFor~qe~q@t_ Woodland- This type of I Hatteras). part 11. Th~qi ~4q@~2qi I ~4qt ~4qi~4qi~0qd~qu~qe of ecosystem consists of single-stemmed species 5~q. Chesapeake Bay. privately don~6qi~6qf~8qed ~0ql~2qi~60qa a~8qit~4qh~4qe ~2qd~4qm~2qi ~qof~q.~2q"~q.~q-~qx ~q-~q;~qf~q:~. ~qv~qi~ql-~qi I that have developed under the influence d. doz~8qiation~q.~q'as~q"~0qis-~0qt~8q@b~6q@~8qihe~q:~q'd~q'~2qt~q'y~q'~qwa~4q-~qn t spray. it can be found on coastal uplands ~qsal independent ap~4ql~4q@i~0qii~6ql~0qie~qi~4qi ~6qi~8qi~8qd ~8q6 ~2qv a~q5. N~qorthe~6qm~q' Ca~6qmlin~qas (Cape Hatteras to or recent features. such as barrier islands and ~q.~q1 ~.~q.~q. y be divided into the, responsible official of the state Santee River). beaches. and me e~qs~q: (pursuant ~0qto~q:15 C~8qFR part ~40q"), may also 7. South Atlantic (Santee River to SL John's foll~qo~8q-~qt~qa~ql~ql b~qlor~qn River). ~q1. ~04qN~qo~qr~qt~8qh~qe~qi~qn Coniferous ~4qF~0q@~qre~qs~qt ~4qV~0qio~qn~qte~q.~q- This be used as match. Land. including a. East Florida (St. John's River to Cape Is an area of predominantly evergreens such submerged lands already in the state's Canaveral). as the s~qitk~qa sp~8qm~qce ~4q(P~qi~qc~qea~4q). grand fir (A~4qb~0qies). possession. may be-used as match to and white cedar ~4q(~0qT~4qhu~4qla~0qN with poor ~q- establish a national estuarine research ~q7 ~04q~ Indian development of the shrub ~qi~qind herb layers. reserve. The value of match for these ~q9. Caribbean (Cape Canaveral to Ft. but high annual productivity and pronounced state lands will be calc~6qula~2qied by Jefferson and south). seasonal periodicity. ~0 ~99~~ Federal Register / Vol. ~5~5, No. 141 / Monday, July 23~ 1990 / Rules and Regulations Z. Moist Temperate ~q(~0qMe~so~t~qhe~r~qm~a~ql) he~a~d~l~i. shrubs, grasses. sedges, rushes. and E~. In~te~,-fida~ql Mud and Sand ~qF~ql~a~!s: These C~~~~~~~~au~s Forest Eiome: Found along the herbaceous and dwarf woody plants. areas are composed of unconsolidated. high west coast of North America from California C~ar~n~-~mc~in species ~4r~iclude ar~e~tic~q/a~qlp~ine plants organic content sediments that function as a to A~!~~ka. t~l~q@is area is dominated by conifers. such as E~qmp~e~r~r~urn n~i~g~qnm and ~qBe~t~u~ql~a ~a~an~% short-term storage area f~o~r nutrients and ~has a relatively small ~se~3s~an~al range. high t~he lichens Cetraria and Clado~n~ia, and organic carbons. Macrophy~tes are nearly humidity w~it.~q1~l rainfall ran" from 30 to ~1~5~0 herbaceous plants such as Po~tcr~iti~qlla absent in this ecosystem. although it may be inches. and a we~qil~-deve~qlo~ped under~s~t~ory of tr~ide~n~ta~ta ~qw~i~qd Rub~us chamae~rn~orus. Common heavily colonized by ~qbenth~ic diatoms. vegetation with an abundance of mosses and S~P~qMES On the coastal beach ridges of the din~af~qla~ge~qil~lates~, filamentous blue-green and ~tr~er m~oist~ure~-o~qle~r~a~n~t plants. high arc~'~_~@c desert ~inc~qhde Dryas inte~r~,~r~4f~o~qli~i~i green algae. and chem~o~s~y~n~thetic purple 3. Te~~rp~e~r~ate Deciduous Forest B~qi~o~tre: This a~nd Sa~xi~qfra~g~e opp~os~i~ti~qf~o~ql~la. This area can be sulfur bacteria. This system may support a bi~~ne is characterized by ~a~qb~ur~idan~L eve~r~qJy divided into ~t~qw~o main subdivisions: cons id~erable population of gastropods. disL~~bu~ted rainfall. moderate temperatures 1. Low Tundra~- characterized by a thick. bivalves, and p~olychaet~es, and may serve as which exhibit a distinct seasonal pattern. spongy mat of living and un~qd~ecayed a feeding area for a variety of fi;h ~and we~~l~d~~~veloped soil bio~ta and herb and ~thrub ve~qp~!a"on~. often with water a~n~qd dotted with wading birds. In sand. the dominant ~, fauna lavers. and numerous plants which produce pord~s when not frozen; and include the wedge shell Donax. the ~SC31~q1~0; ~6qP u~py ~L~u~@~t~s and ~n~L~t~s. A distant sub~-4~i~-~;ision of Z. High Tundra: a bare area except for a Pecten. ~te~qllin shells Te~ql~ql~ina, the heart ~u~rchi ~ a I t~~~~~ ~b~o~m~e is ~1~,~1~.~2 pine ~edaphic forest ~8qe the scan ~ry grow' ~th of lichens and grasses, w~i th Echinocar~qd~ium. ~q&~.e lug worm Are~nicola, sand s~~~~he~~s~t~er~n C~O~J~Std~qI ~qF!~d~@n. in which only a underlying ice wedges forming raised dollar Dencirast~er. and the see pansy R~e~nilla. ~n a ~1~I por~t~-~,-~1p~1p~ the area is occupied by pcly~qgon~a~ql areas. ~qL~i mud. faunal dominants adapted to low c~l~~n. ~V~p~geta~@~:~r~n~, a~i~.~q@ou~@~qh it ~qh~-~-s large areas E~. Co~o~st~a~q! ~qC~j~'~.~2qf~2qf~s. This ecosystem is an oxygen levels include the terebell-~i~qd covered by ed.~-~ph~ic climax pines. i~s~nportant nesting site for many sea and shore Amphitrite. t~qhe boring c~ql~q= Playdon. the 4. B~~md-~qleaved Evergreen Subtropical birds. It consists ~of communities of deep sea scallop Pl~acopecte~n~. the quahog Forest Bi~o~r~ies. The main characteristic ~o~qf this h~arbaceacu~s~, ~qgraminoid. or low woody plants ~qN~qiercenaria. the echi~u~r~id worm Urechi~s. the biome is high moist~i~u~re with less pronounced (shrubs, heath. etc.) on the top or along rocky mud snail Nas~sar~ius, and the sea cucumber di~~f~r~nces between winter and summer. faces exposed to salt spray. There is a Thy~ane. Examples are the hammocks of Florida and diversity of plant species including mosses, F. I~n~te~r~qVd~a~ql Algal Beefs.- These are hard the live oak forests of .he Gulf and South lic~qh~e~r3~. l~qiverwort~s. ~and~"~qI~l~ql~q;~qh~q"~" plant substrates along the marine edge thart are At' lan~ic C~Oa~3~13~. Floral dominants include representatives. dominated by macroscopic algae, usually pines. magnolias, bays, hollies~. ~Y~41d Croup ~qU~q-T.~-aas~i~t~qio~n Areas thalloid. but also f~i~l~A~qm~e~nt~o~t~i~A or unicellular in tamarind. strangler fig. ~qSumb~e limbo, and growth form This a~qh~o Includes the rocky palms. A. Co~ostal~qAl~ar~s~qhe~s. 'Mesa are w~etla~nd coast ~tid~ep~oo~ql~s that fall~, w~itl~i~li~s the ~qIn~ter~ti~qd~2qd B. Coast ~qS~qh~nub~qland~qs. This is a transitional areas dominated by grasses Poacea)~. sedges zone. Dominant ~qI~auns of these areas a~r~e ~- area between the coastal grasslands and (Cyperac~eae). rushes ~qUuncac~ea~4q4 cattails b~amacl~es. mussel& pe~qdw~qin~qkl~es. ~a~n~a~qm~'~0~01~1~1~1~1 woodlands and~;~s characterized by woody ~q(Typha~c~eae~ql, and other ~qgr~amin~oid species and chi~tons. Three regions are apparent'.' species with mu~ql~i~tiple stems a few centimeters and is subject to periodic flood~4qW~qS by either I ~0qNo~t~t~qhe~r~n Latitude Rocky Shores. It ~qi~s It~. to several meters above the ground salt ~o~r freshwater. This eC~O~5~qy3tem may be this region that the community structure is developing under the influence of salt spray subdivided ~ql~int~o~: (a) Ticlal~. which ~qi~s best developed~. The dominant ~a~0qW species and occasional sand burial. This includes periodically flooded by either salt at brackish include Chondrus at the k~x~v tide ~qk~qwe~ql. ~qP~q=s ~~Lcket~. s~c~xub~. scrub savanna. heathland~s, water-, (b) non-tidal (freshwater); or (c) tidal and ~4qA~s~c~o~p~qh~qyll~um at ~qdw ~qm~qi~8q"da~qll level. and a~d coastal chaparral. There is a great - freshwater. These are es~s~en~t~Ual habitats for ~qLami~na~s~qia and other ~qk~a~ql~ql~8qf~8qf~8qik~e ~&~2q*~a ~4q*~q9 variety of ~sh~rubland ve~qg~eta~l~u~o~a exhibi~t~qir~qg many Important estuarine species of fish and beyond the i~nterti~qd~al~. al~qdx~w~6q& they can be ~i invertebrates as well as shorebirds and ~qt~0qw~ee~qd at ex~4~-emel~qy low tides or found in regional specificity. ~t~a~qd~z~e~qd by waterfowl and serves ~1~ ~r~8qde~s in very deep ~t~qidepoo~ql~s. 1. Northern Areas. Charac: Hud3~on~qia~. various er~qi~qmace~cu~s species, ~a~n~qd shore stab~qdizat~qi~qm flood ~c~o~ntr~o~qL inter 2~. South ~qL~o~t~L~vd~qa~s~@ Ile ~c~, ~2p~1p~1p~1p~p~p~p~ in thickets of My~r~ica~, Pr~a~n~us,~qe~i~r~qd Ron. puri~qf~i~ca~b~o~i~:6~.a~nd~-~nutr~i~e~nt transport and this re~qg~qion~d~8qf~re red~qw~qAd ~qi~qi~0qO~a~qm~4qm~qd~s~0qm In--, ~. Southeast ~qA~f~e~a~qi: Floral dom~qi~r~an~qi~s include storage. those of. the northern latitudes and possesses Myrica. ~qBacchari~s, and ~qHe~it. B. C~qoas~k~il Swamps. T~qh~e~qi~a are w~a~qt lowland algae ~c~o~qn~s~qf~qf~ql~n~qg m~q6s~0q*~-~v~qf ~s~qh~0qile~4~c~elled o~r 3. Western Areas. Ade~n~t~q-~nm~e areas that support mosses and shrubs f~qila~amento~us green. ~qb~qh~r~qt~r~-~2q@e~n. ~:~1~1~.~q3 red~~ql~qg~ae. A~~otyphy~ql~o~a~.a~ndE~uca~qlyp~t~u~s are t~qL~e together with )ergo trees ~ir~t~i~c~qh a; ~C~,~,~qY~qP~,~qm~~s~s at and s~qi~n~all ~tha~qno~qi~qA ~qb~n~qi~qw~a~qi~l~ql~qs~8q"~. ~qk~qj~8qW~4q4~4qk~a~ql L~a~Li~t~u~qd~e~qw ~q1~8qU dominant ~qAaral ~0qVec~ies.~. ~q9~U~n~L -~qb~@~'~q! ~0~9 ~q1 L ~qT~qy~p~qp~qic~al and ~qS ~J~, ~4qQ Coastal ~qA~ql~qar~i~qs~qmv~e~& This ~qn~qwy~g~qW~qm ~qIntert~idal in this ~r~0qq~8q*~qm ~qi~L~Y~qM~q7~1r~qi~qd~0~c~ed ~a~nd C. C~o~a~s~A~qd ~4qQ~u~as~qk~ind~w This Ana. Which experiences regular flooding on either a daily, contains numerous calcareous also ~t~o~c~qh as possesses ~mu~id dunes and coastal ~qn~a~l~s. 111~81~6 monthly, or seasonal basis. has low wave Por~o~qlit~qh~a~n and Li~th~o~qdu~qma~qk~i~qo~as well as :.- lowr~inta ~q1~1~0t~o~3~o~i~n~c~qI~qmp~4qoy~e~a~r~qia~ed action~. and Is dominated by a variety of salt- green algae with calcareous particles such a large amounts ~o~qf ~qk~un~iu~s in the ~soi~qL tolerant trees. such as the ~r~ed ~n~u~m~qar~o~v~qe Halim~ed~e, and ~numar~ai~is ~qbt~qh~ar ~qgr~i~e~qs~i~ql~. red. ~~~~~:~~s~qi~c~qm is slow. resulting in the Presence ~q(Rhiz~aphor~e mangle~q). black m~a~i~n~qg~r~o~v~e and brown al~qSa~a~. of a timber of ~v~ar~qial stages ~a~q( community I (A~v~qi~c~e~r~qm~qia nitida~q:~qj~. ~ond the white ~A-~qW~O~V~S ~@~1~: ~. ~3~r d~v~~l~pme~n~t. Dominant ~ve~qg~qe~st~qi~n~qg includes - Group M~q-Sub~qm~er~qge~qd Bottoms, m~id-gra3ses ~q12 to 4 feet ta~0qf~0qt ~v~Ac~qh a ~q(La~qguncularia rac~emo~na). It Is also an Important habitat for large populations of A. su~qb~qad~qa~ql ~2qHardb~ott~o~qm~qw ~qT~6qk~s system Is ~r~~m~ph~qil~a. A~gropyron~. and C~alamov~i~qlf~qe. tall Bob. invertebrates. and birds. This type of characterized by a consolidated layer of solid grasses ~q(5 to a feet tall), s~a~6q& as Sp~art~qina. mid. ecosystem can be found from central Florida rock or large places of rock ~q(~D~4qA~t~qI~b~e~f Of biotic trees such as the willow (S~e~ql~qix ~sp~.~q@ Cho" to extra= south Texas to the ~i~s~h~-~a~r~ts of t~qh~e Origin) and is found in a~s~s~o~4qda~t~i~on with ~qJ Prunus sp.~6q1 and cottonwood ~6q0~4q%~8qq~0qmI~qu~qa Western Pacific. ~q. ~4qge~qomorpho~8ql~qogfc~qal f~qe~qalu~qr~2qi~qs ~qa~qn~12qd as ~qs~qu~2qb~6qm~q&~qf~4qk~6qw delt~o~ides~6q@ This area Is divided Into four ~qe~qca~qs~0qy~qst~qe~6qm bag canyons and ~2qf~2qlo~qr~2qds and Is ~. D. I~qn~qt~qe~qr~qf~0qidal Beaches. This i~q&~qs~qu~qa~2ql~2ql~4qy covered regions with the following strand. a distinct biota of microscopic animals, w~0qith~qess blag~qes ~4q9~6qfsp~qon~qges~q.-sea farts. ~qe~2qm vegetation~q: bacteria. and unicellular algae along with bivalves, hard ~qe~6qmals, t~qu~qn~0qi~qc~qat~qe~qs. ~qa~qn~6qd other 1. A~r~c~d~qc~2q/~4qB~qore~qal: Elymus; microscopic ~qcru~qst~qa~qc~qe~qar~qis, mollusks~q, and attached organisms. A ~0qd~4q8~qo~4ql~2q3ca~qnt feature of 2~. Northeast/West: A~2qmm~qop~8qh~16qU~q- worms with a d~qetritus-ba~qsed nutrient cycle. estuaries In many pads ~qQ~8qf~q4~8qh~qe Worm l~qe the ~q:`~qj~q@ 3. S~outhe~qas~qt/Cu~0qlf. Un~qfola~q. and This area also ~0qIn-~q1-~qA the d~qri~08qf~08qf~08qi~0ql~qi~qt~qte oyster red a type of 4. ~0qWd-A~qll~qantic/Cul~8qf Spart~0qi~qna patens. communities found at high tide levels on the Composed of as~qse~qt~qu~2qbl~qa~0qge~qs of organisms ~qD. ~0qQ~q%a~qsfa~4ql ~0qT~qaa~4qd~qr~qt~qr This ~qeco~qsy~qs which beach. The dominant organisms In ~08q" (usually bivalves). it ~q1~qs~q,~qu~8qa~qw~08qW~qy found an Is found along the Arctic and ~8qD~qo~qr~qeal coasts of ecosystem Include crustaceans such as the estuary's mouth in a zone of moderate w~qa~qy~q* North America. is ~08qdwac~qt~qe~qr~qi~qz~qe~2qd by low mole crab ~4q(Em~qerita). a~0qm~0qphip~qods '_ actio~4qm salt co~qnt~qe~04q" ~4qa~qnd turbidity. if light temperatures. a short Stowing s~qe~qas~qo~0qm and ~6q(G~qammarida~qe), ghost crabs ~0q(~04qOcyp~qa~4qile). and levels an sufficient. a covering of . - ~q- ~q- some permafrost~q. producing a low. tr~qe~qs~qt~8ql~qess bivalve m~qall~qu~qsc~qA ouch as t~2qh~qe coquin~qe ~8q(~12qD~qo~qn~qex) microscopic and attached ma~qc~qr~qo~qs~qc~qo~4qp~4q!~qc~q.~qa~2ql~8qsae~q. mat community made up of~6qm~qo~qs~qa~8qm lichens. and ~qa~qL~12qd clams (Sp~qisul~qs and Mactra~8ql such as kelp, ~0qmay aim be f~qo~2q=~04q& ~0 Federal Register / Vol. ~@~5~ No. 141 / Monday, July 23~ 1990 Rules and Regulations 29961 B. Subti~qd~al S~q~qf~@~lbc~lt~o~rrs: Major sea and without significant freshwater bar~ner islands, broken at intervals by inlets. c~qharacteris tics of this ecosystem a~re an inflow. Water circulation is limited. resulting These bars may be either deposited offshore unconsolidated layer of fin~'e particles of silt. ~L~n a poorly flushed, relatively stagnant body or may be coastal dunes that have become sand. clay, and gravel, high hydrogen su~qif~ide cf water. Sedimentation is rapid with a great isolated by recent sea level rises. levels, and anaerobic co~nd~itior~s often potential for basin shoaling. Shores are often 4. Tectonic Estuary~: These are coastal e~x~;s~1in~g below the surface. Ma~c~rophytes are gently sloping and marshy. indentures that have formed th~@cu~gh tectonic either sparse or absent. al~tho~,~.gh a layer of 7. Pe~rc~.~@~ed Cocst~al W~e~t~!~c:~:~qds: Unique to p-~qmcesse~s such as s~ql~ippa3e along a fault line I veme~nt of ~le~n~t~q@~:c mic~roal~gae may be present if light Paci~qn~,~-~- islands, this w~e~l~qla~nd type, found (San Francisco Bay): fo~4qL~l~'~n~g. or ~m~o' levels a. a s~u~qH~@cient. T he faunal community is a-o~ve sea level in volcanic crater rer~r_na~n~t~3~. earth's bedrock. often with a large inflow ~qd~o~m~i~na~- ~'~ed by a diverse population of deposit ~qf~o~q=s as a result of poor drainage of freshwater. I i ~ud~i~n~g pclychaetes, bivalves, and characteristics of ~t~qhe crater rather than from ~5~. Volcanic Estuary~: These coastal bcd;e~s ~,~@~e~d~e~rs ~n~cl ~, ~qb~u~.~-owing ~C~T~I~U~@~'~acearis- sedimentation. Floral assemblages exhibit of open water, a result of volcanic proc~es'~s~e~s. C~. S~ub~,~"'~qd~a~ql P~.~c~:~?~Is: This system ~is found ~U~i distinct zonation w~qh~:~,e the faunal we depressions ~a~r craters that ~qh~qa~,;e direct ha~n 8 to 10 c~c~nst~i~lue~nts may ~L~r~ic~l~-~de freshwater~, and/or subsurface connections ~qwt~qh the ~t~e~qlatively shallow water (less ~U ~r~ne~ters~q) below mean low tide. It is an area of b~ra~2qlsh~. and/or marine species. Example: ocean and may or may not have ~s~8q@face extremely high pr~i~n~n~a~ry prod~Lct~;on that A~L~:~nu~'u Island, American Sa~q@~_~oa. continuity with streams. These formations p~zo~vides food and refuge for a d~*~iv~.rs~ity of 8. Anc~h~a~qf~qlne S~y-s~q;~e~,~7~!s: T~q@ese small coastal are unique to island areas of vo~q!ca~ri~;c origin. f~a~-~unal groups, especially juvenile and adult e~x~Dosur~es of brackish water form in lava C. Inlet Type. Ir~qle~ts in various forms are' a~n fish. a~nd in some regions, manatees and sea de~'pressi~ons or elevated fossi.1 reefs. have ~L~r~i~t~egral part of the estuarine environment~. as t~u~q@les. Along the North Atlantic and Pacific only a subsurface connection to ~t~qhe ocean. they regulate. to a certain extent ~t~he velocity coasts, the seagrass Zostera mar~L~na but show tidal fluctuations. Diff~er~L~r~i~g from and magnitude of tidal exchange, the degree predominates. In the South Atlantic and C~u~qlf true estuaries in having no surface continuity c~qtas~t areas. Thalassia and Diplanthera with streams or ocean. th~.3 system is of mixing, and volume of discharge to t~qhe sea. predominate. The grasses in both areas characterized by a distinct biotic community There are four major t~,~,~Tes of inlets: support a number of epiphytic organisms. dominated by benth~qic algae such as 1. Un~r~e~st~ri~ct~e& An estuary with a wide Class ~q1~q1~q-Physical Characteristics Rhizoclon~qium. the mineral encrusting unre~.stricted Inlet typically has slow currents, ~qSchizothrix. and the vascular plant Ruppia no significant turbulence. a~nd receive the full Group ~qI-Ceolo~qgic ma~x~itima. Characteristic fauna, which exhibit effect of ocean waves and local disturbances A. Basin Type: Coastal water basins occur a high degree of endemicity, include the which serve to modify the shoreline. These in a variety of shapes. sizes. depths, and mollusks Theodoxus neglectus and T~. estuaries are partially mixed, as the open appearances. The eight basic types discussed us mouth permits the incursion of marine waters cariosus, the small red shrimp Metabetae to considerable distances upstream. below will cover most of the cases: lohe~na and Halocaridi~na rubra. and the fish 1. Exposed Coast. Solid rock formations or Eleotris sandwice~n3~qis and ~qKuh~qlia depending on the tidal amplitude and stream heavy sand deposits characterize exposed ~sandvicensus. Although found throughout the gradient~. ocean shore front% which am subject to the world. the high islands of the Pacific are the ~2. Restricted Restrictions of estuaries can full force of ocean storms. The sand beaches only areas within the U.S. where this system exist in many forms: bars. barrier Island& are very resilient~. although the dunes lying can be found. spits. sills, and more. Restricted Wets result just behind the beaches are fragile and easily B. Basin S~t~qm~cture. Estuary Basins may in decreased circulation. more pronounced damaged. The dunes serve as a sand storage result from the drowning of a river valley longitudinal and vertical salinity gradients, area. making them chief stabilizers of the (coastal plains estuary), The drowning of a and more rapid sedimentation. However. if ocean shorefront. the estuary mouth is restricted by 2~. Sheltered Coast- Sand or coral ba~rnem glacial valley (~qQord). the occurrence of an and closures, the offshore barrier (bar-bounded estuary). some depositional features or I built u~qg by natural forces.-pr~ovid~e sheltered tectonic process (tectonic e~stuar~qy~q).~2p~p~ incoming tide may be held back until it areas inside a bar or reef where the volcanic activity (volcanic estuary). suddenly breaks forth into the basin as a ecosystem takes on' many r~h~aracter~qi~qi~4q&3 Of ~1. Coastal plains ~e~stuar~0qr. Where a.. tidal wave, ~qO~r bore. Such c~qu~@~Tents exert confined water~s~q-abundant -A grasses~. drowned val~qley~q@on~s~lsts mainly of a single p~r~o~qf~q6und effects ~o~i~l ~qthe nature of the shellfish. and juvenile fish. Wat~qir movement substrate. ~qt~qur~qb~idit~qj~r~, ~a~nd b~iota of t~qhe'estua~r~@y. is reduced. with th~qe ~i~qto~n~sequent effects of channel. the form of the basin is fairly ~, ~@ ~~,~,~, a regular, fo~rmi~n~qj ~qi simple ~c~q6~qi~st~a~ql plains ~.3. Permanent~;~, Permanent inlets are u~3u ~qHy pollution being m~q6~i~qt~s~qi~qi~vere ~qI~n this area than ~qPo~qilte the m~4q&~qh~6q"f major rivers and in exposed coastal areas. ~4q%~q-~7~,~7 estua~8qg. When a charin~al is f~8q6~od~qi~qd with ~O~qP ~'- pe~qi~qi ~J Water to flow into the sea., Bar. Bays are larger confined bodies of numerous trib~uta~r~f ~qm an Irregular estuary ~tut river water that are open to the s~qe~a and receive resu~qlt3. Many ~qa~s~h~qi~ar~qi~es of the ~e~qi~stein~'U~ni~t~e~qd Se~2q&~2qA~qfatl~8qa ~qi~2qad~qi~q@~o~s~qit~ql~b~n ~i~s~r~e i~ni~n~ql~i~nal. ~,~L T~qe~qm~qpo~r~s~ir~qy strong tidal flow. When stratification is.. States are of this typ~qa Inlets ~qk~ir~e formed by storms and frequently pronounced, the flushing action is augmented ~2- ~0qF~q@~8q@ ~qE~s~qwari~e~s that ~qf~qcr~qi~q@~m in ~elo ~ag~ate~qd~q@ by river discharge. Bays vary in size and ~qI~n Steep headlands that ~a~l~f-~pa t~e with deep ~qU ~.~. ~qd~qd~2qa~qp~o~s~qit~qion~. de~qpe~nd~qi~4q4'~qo~n~, tidal flow, the type of ~shorefron~t. ~ ~. shaped valleys r~esu~ql~qdn~g from ~* I ~qd~e~p~8q& if the sea and sound w~a~tem the 4. E~rnbay~qmen~t A confined coastal water are called ~qnord~s. They ge~n~er~al~ql~qyp~os~s~e~s~s fr~eq~u~i~e~nc~0qT of sto~n~qn~s~. and the amount of ~ql~qi~t~t~or~2qd tram, body with narrow.~'~r~qi~strict~i~qid Inlets and with rocky flown of very thin veneers of sediment a significant fresh ~' ter inflow ~c~a~'~n be with deposition generally being r~e~q@s~t:r~ql~cte~t~ql to ~qD~. Bottom ~8qC~o~qj~r~0q@it~l~o~qx The bottom wa ~qmp~osi~t~ion of estuaries attests to the classified as an embayme~nt. ~qI~8ql~e~se areas the head where the main river enters. cc have more restri ~ted Inlets than bays. are Compared to total fjord volume. river ~vigorou3~, rapid. and complex sedimentation usually smaller and ~sh~8q0~ow~er. have law' tidal discharge Is sma~ql~qL But many fjord$ have processes characteristic of most coastal action. and are subj~e~6qd to~'~qiedim~entatio~n. restricted tidal ranges at their mouths. due to regions with low relief. Sediments are 5. Tidal ~0qRive~qj~q- Ile lower reach of a coastal sills, or upreac~8qhin~0qg sections of the bottom derived through the hydrologic processes of river is referred to as ~8qa tidal river. Ile which limit free movement of water. often e~6qms~0qi~qon. transport. and deposition carried on coastal water segment extends from the sea making river flow large with respect to the by the sea and the strea~qu~qL or estuary into which the river discharges to tidal prism. The deepest portions are In the ~qL Sand. Near estuary mouths. where the a point as far upstream as there is significant upstream reaches. where maximum dep~08qf~08qt predominating forces of the sea build spits o~4qi salt content in the water, forming a salt front. can range from ~q800 ~6qm to ~q1~q2~6qW ~qm. while sill other depositional ~08qW~qt~8qw~qv~q% the shores and A combination of tidal action and freshwater depths usually range from 40 ~qrn to 1~q50 m. substrates of the estu~qi~qu~qY am sandy. The outflow makes tidal rivers well-flu~qshed. The 3. Bar-bounded Estuary. These result from bottom sediments In this area are U~8q=~q8~0q11~q7 tidal river basin may be a simple channel or a the development of an offshore barrier. such coarse. with a graduation toward finer complex of tributaries, small associated as a beach strand. a line of barrier Island& particles in the head of the estuary. In the embayment~qs marsh~0qfronts, tidal flats, and a reef formations. a line of moraine debris. or.- head region and other zones of reduced now. variety of others. the subsiding remnants of a deltaic lobe. The fine silty sands are deposited. Sand ~q6. Lagoon.~q- Lagoons are confined coastal basin is often partially exposed at low tide deposition occurs only in wider or deeper bodies of water with restricted inlets to the and is enclosed by a chain of offshore bars or regions where velocity is reduced. ~0 ~9~M Federal Register / Vol. 55, No. 141 / Monday, July 23. 1~9~9~0 /Rules and Regulations ~- Mu& At the base level of a stream near freshwater i~nf~ql~t~r~c and a lack of strong tidal respect to the soil, ~i~s~sub~qje~ct to considerable its mouth. the bottom is typically composed exchange because of the typically narrow fluctuation. of loose muds. silt and organic detritu~s as a inlet connecting the lagoon to the sea. b~. Groundwater This is water contained t~n result of erosion and transport from the upper C~qircula~qdo~t~i. whose major driving force is the rocks below the water table, is usually of stream reaches and organic decompo~s~itior~L wind. is the major limiting factor in biological more u~n~qf~qform~'volume than v~adose water. and 1~=~ ~~qw~0qWe the estuary e~n~u~m~n~c~e~, the bottom productivity within lagoons. generally follows the ~topo~qgraph~;c relief of the contains considerable quantities of sand and B. Tides: This in the most important land. being high below hills ~and~'~alopi~n~qg into ~m~d. which support a rich fauna. Mud flats, ecological factor in ~an estuary. as it affects valleys. commonly built up in estuarine basins. are water exchange and its vertical range composed of loose, coarse. and fine mud ~a~nd determines the extent of tidal flats which Group ~q1~4q5~q-Cbe~r~aical sand. often dividing the original chann~e- may be exposed and submerged with each A. S~o~qhn~it~0qr~. This reflects a complex mixture 3. ~Ro~c~qI~L~- Rocks usually occur in areas tidal cycle. Tidal action against the volume of of salts, the most abundant being sodium where the stream runs rapidly over a steep river water discharged into an estuary results chloride. and is a very critical factor in the gradient with its coarse materials being in a complex system whose properties vary dis~t~i~qg~qm~qW~in and maintenance of many derived from the higher elevations where the according to estuary structure as well as the estuarine ~ar~qga~ni~s~qm~s. Based on salinity, there stream slope is greater. The larger fragments magnitude of river flow and tidal range. Tides are two basic estua~e~ne types and eight are usually found in shallow areas near the are usually described in terms of their cycle different salinity zones (expressed in parts stream mouth. and their relative heights. In the United per thousand-p~l~i~t). 4. Oyster s~qhe~8qA Throughout a major portion States. tide height is reckoned on the basis of ~1. ~qP~o~s~t~qi~tiv~e estuary- This is an estuary in of the world. the oyster reef is one of the average low tide. which is referred to as . which the freshwater influx is sufficient to most significant features of estuaries. usually datum. The tides. although complex. falls into maintain mixing resulting in a pattern of being found near the mouth of the estuary ~L~-~i three main categories: increasing salinity toward t~qh~e estuary man& a zone ~of moderate wave action. salt content. 1. Diu~qma~ql. T~qh~qis refers to a dally change in ~~d turbidity. It Is often a major factor in It is characterized by low oxygen and water level that can be observed along the concentration in ~1h~e deeper waters and modifying estuarine current systems shoreline. There is one high ~qd~qde and one low sedimentation, and may occur as an tide per day. considerable organic ~co~n~t~a~t~i~l In bottom elongated island or peninsula oriented across ~9 ~qS~qm~qi~2qdur~n~a~qk This refers to a twice daily sediments. ~- ~0qL Negative estuary.- This Is found In the main c~qmT~en~qt or may develop parallel to rise and ~6q&~qB in water that can be observed the direction of the ~c~qw~qmnL along the shoreline~. p~s~ur~tic~i~s~qt~qu~qly a~nd ~r~e~qg~ql~i~on~s. where estuary Group ~q1~q1-H~qydrographic 3. W~qi~n~qd~qIs~to~rm ~qT~4qk~qW~x This refers to evaporation may exceed freshwater ~0qWfl~ow~, fluctuations in wa~qw e~ql~e~vat~qi~c~a to wind arid ~resu~qi~t~qt~r~i~qg in ~qk~icre~a~se~qd salinity in the ~vpp~e~r A. Circulation~: Circulation patterns we the storm events, when ~2qM~e~e~nc~e of l~ur~i tides p~4q%tof~qi~qt~qh ~qb~6q=~*~6q=~0qf ~qm ~S~2qL result of the combined influences of freshwater flow, tidal action. wind and is less. oceanic forum a~Dd serve me y functions. ~8qQ ~qF~qi~v~i~shwa~t~e~r According to newly a~qf~ql the ~8qWh~qib'I~6q" ~qTbe~qf~qt are ~4q"~qf~o~d~qR~qy ~T~4qwY ~I~0qf~0qt ~u~~~i~~n~t transport. p~qh~inkton disper~sa~qL definitions advanced. It Is inherent that an (byp~er~qha~ql~qh~i~e~q)~. -~a~qd~-~. ~tely oxygenated it ecosystem flushing, salinity ~contro~qL water estuaries need ~qf~qmhw~at~e~r. ~8qw~qi~t~qich to drained depth. and possess bottom s~ed~ql~i~z~e~n~ts~qihat an ~m~ix~i~~0q& and more. from the land and measurably ~qd~qf~qlu~t~es poor In o~rp~n~qi~c content 1. S~tr~a~qdfied~- This is typical of estuaries seawater ~1~9 ante ~a ~qb~ir~a~ckl~a~qh ~co~n~qd~qi~l~t~qh~qm 3. S~al~2qk~qi~t~qy zones ~qta~rpr~es~s~ed in Ap~q4~qt with a strong freshwater influx and is Freshwater ~qi~ent~er~s an estuary as runoff from a. H~qyp~erhall~u~e-~qg~ir~s~at~er than 40 ~qPp~L ~~m~mon~qly found in bays formed from the bad either from a surface andtin b. Euhallne 4 ppt to 30 p~ql~q;~;~qL ~ - ~@ 'I., ~.~"~. ~. ~.~ ~j ~i~-~. ~c~.~q1~4q&~x~a~qb~a~ql~qln~e: 30 ppt to ~0qU ~qpp~L ... drowned" river v~all~1eys. ~qnords. and other ~subs~u~i~rf~qac~e ~so~qm~-~c~e. I -- ~ ~ deep basin- Then ~qi~s a ~net ~2qmov~ern~s~kr~it of ~qSw~6q*~qm w~c~t~qa~- ~q1~2q% is water ~q(~1~q) ~8qm~qix0~qi~,~0qw1fil~2qb~l~e~-~4qv~ea~tar ~1haz~0q0~qa pp~i but ~v~v~q= freshwater outward at the top layer and thew ~qJ~qj~'~6q*~q@~qf~qm~qm of ~st~r~e~a~qm~L~qI~A~:~qi~qd~i~2qd~'~@~'-- less t~qhan the adjacent ~SuhaUn~a ~a~qm saltwater at the bottom ~qI~s~qM ir~e~ai~a~6q@~qln a variation In ~qY~qi~n~aff to ~qd~qp~e~ndent~v~'~q-~po~n~*~4q*~q-~'~. (2~q)~qPo~qly~qh~a~ql~in~e~-~40 Apt to ~18~q"~L nature o~qf~q4h~r~q4~a~qd net outward transport of surface ~o~tg~an~qis~qm~s~. AM~, and net inward transport of bottom de~qg~r~i~eo~qf~qi~qi~qi~8qf~8qf~q"~a~-~qm~-~~I~qi~qi~o~8q*~"~q*~0qn~e~ql~qt~qi~t~qk~r~t~2qW~4q"~ ~a~n~qd ~q(4) OU~qS~o~ql~ql~i~a~ql~qtn~0q" ppt to ~O~qJ ~qpp~L ~~~@~n~i~a~qm~L ~qd and ~- d. ~q1.11~i~qm~n~e~4qf~4qt ~q1~4~qm then O~qJ P~qPL ~-~t d~ev~elo~qp~2qk~qi~6qm~qt~, ~qlo~qd~2qd ~c~r~una c ~q-~q-~.~.~j JL~qpH ~qP~A~qS~qti~n~i~qi ~q7h~qi~s Is i~nd~qi~ca 2~ ~qS~on-~s~tr~a~b~2qT~l~ed~- ~qE~s~qhi~qi~qi~qi~qes of this ~q*rpe an ~6q4~2q0~qa~ql~0qg~qi~i, tiv~e Of the found when water movement Is sluggish and L~.~7~%~"~.~w~4~qA~2q*c~qe ~-~v~qi~tit~e~v~. ~q7~% ~qir~ef~a~qks to th~qe~'~-~:- mineral richness of ~es~t~q-~w~"~A and &a ~4 A ~; ~qt~qi ~. flushing rate Is low, altho~q6~qgh there may. be ~4~. ~t~6qw~qh~qi~qi~r~qb~e~e~n into ~qd~ir~qe~e ~qi~q0~0qk ~qw~qo~u~qd~qi~s~qi sufficient circulation- to ~qpr~ovide~'~th~e~ql~ia~s~qi~s for sag and stared b~elov~qi ~i. Acid~: Wa~t~qs~qm with a dIstrib~uti PH Of ~q1~0q7 a h~~S~h carrying capacity. This In common to on~of s~ub~e~a~6qdac~qi-w~a~t~qo depends on 2~. C~ql~i~u~m ~I~qd~i~t~qi~o~n ~qb~0qr~l~8qz~qm shallow emb~sym~e~nts and bays lacking a 1~0~q=~q1 ~2qa~ql~qm~a~t~e~. ~u~u~v~%~#~&~X~@ ~.~qI~6qf~6qt and the ~qp~o~r~o~a~4qf~4qt ra~y~l~qg~a~i~s from 5.5~-to 7.4. good supply of freshwater from I~s and p~or~qm~e~ab~qI~ql~ql~qi~ty of the underlying so& and & ~qA~8q&~a~ql~ql~n~e~.~- Waters -with a pH ~qgi~r~e~a~qw_~qt~qb~a~n drainage. roc~qk~e. ~qT~qb~*~qn an two main subtypes of ~7A~L 3. La~goonal. An estuary of this ~4q" I~qs surface water ~2~0~- ~.~8qf~8qt ~0q6~0q0 am ~2qP~2qR Dor- 90-~1~0q0~11 ~4qked 7~- characterized by low rates of~.wa~t~er ~J~!~S~q@~2qT~a~qd~q&~s~e w~qa~i~qi~qi~-~qIl~k~ql~qi is ~qw~a~t~er~-~qin ~qi~qh~e ion mo~en~ielltTe~su~qf~qt~qi~n~qS~qfro~0qm~q@~e lack ~of~a~ql~qm~qil~ql~can~qt -~&~qb~o~v~qi~qi~qb~@~qww~qt~e~r~t~a~qb1~s~2qf~2qt~T~o~qk~qMw~qt~6q& APPENDIX E DELAWARE NATIONAL ESTUARINE RESEARCH RESERVE FISH AND WILDLIFE MANAGEMENT PLAN The following appendix is presented as a proposed conservation and management philosophy for the protection, enhancement, restoration and utilization of fish and wildlife resources and their habitats on DNERR lands or in association with the DNERR program. The report views the conservation and stewardship of these living resources in a historical perspective of what we used to have and what we have done to it, providing the foundation for a management strategy to guide what we now need to do. As such, this contribution is not intended to be a step-by-step manual of conservation and management practices, but rather to present a framework upon which detailed action plans can be built. The report was prepared under contract to the DNERR by Anthony Florio, wildlife consultant. Mr. Florio is well known throughout Delaware and the Middle Atlantic region as a professional wildlife manager, naturalist, outdoor artist and photographer. After receiving a degree in wildlife management from the University of Connecticut, Tony spent a 37-year career as a wildlife biologist for the State of Delaware, where he was the Wildlife Section Manager in the Division of Fish and Wildlife from 1974 until his retirement from state services in 1985. - - ---- I I I I I I DNERR I FISH AND WILDLIFE MANAGEMENT PLAN I I I I I I I I I I I I I DNERR FISH AND WILDLIFE MANAGEMENT PLAN Page THE PAST 1 DISCOVERY AND COLONIZATION 1 FISH AND WILDLIFE 3 THE LAND 5 THE INDIANS 6 THE DEVELOPING YEARS 9 IMMIGRATION AND POPULATION 9 AGRICULTURE AND INDUSTRY 10 THE ENVIRONMENT 11 THE ESTUARY 12 DEFINITION AND MANAGEMENT 12 THE TIDEMARSH 13 CHRONOLOGY 15 DNERR WILDLIFE MANAGEMENT PLAN 16 INTRODUCTION 16 HUNTING, FISHING AND TRAPPING 17 NON-CONSUMPTIVE USES 19 PROJECTS 20 A. MONITORING 22 The Sinking Coastline 22 Phragmites Intrusion 23 Snow Goose Depredations 23 Little Creek Impoundments 24 B. RESTORATION AND MANAGEMENT 25 Cedar Swamp 25 North Mahon Marsh 27 Tidemarsh Sheet Water 28 The Bigstone-Mispillion Marsh 30 C. APPLIED RESEARCH 31 Development of Continuing Regulations 31 Open Marsh Water Management 32 Phragmites Control 33 continuing Development of Water Management Techniques 33 Snow Goose Management 34 D. INFORMATION AND EDUCATION 35 E. CONCLUSION 36 DNERR MANAGEXENT PLAN FOR FISH AND WILDLIFE THE PAST DISCOVERY AND COLONIZATION It was Henry Hudson, during his celebrated third voyage.in the good ship Crescent, better known as the Half-Moon, who first ascended what later became known as the Delaware Bay. As most school children used to know, the voyage took place in 1609, and after ascending the shoaly estuary for a bit, Hudson turned and rounded the east cape, and proceeded towards what eventually became known as the Hudson River. As a result of that expedition, he named these two estuaries the North and South Rivers, and the appellations prevailed for a time, at least. It was only later when the English, as was the wont of the more ambitious land-grabbers of the time, who changed the name of the latter to "Delaware." They did this to give credence to the fallacy that it was discovered by Lord de la Warr. on his voyage to Virginia in 1610. Actually, the good Lord never set eyes upon the river. Such is the history of the ways of white men in identifying geographical areas which they have, to use their own euphemistic term, "discovered". In 1623 Cornelius May ascended the South River, settled a colony and built Fort Wassau,,just below present day Philadelphia. The object of this first establishment on the Delaware was trade with the aborigines, which apparently turned 1 no profit, for the good burghers quit the settlement soon after. It was DeVries who first attempted to create a thriving community here, when he entered the South River in the spring of 1631 and established a colony near Cape Henlopen. Leaving his commissary Gillis Hassett in charge, he sailed for Holland, planning to return subsequently to reprovision the community. Hassett ostensibly quarreled with the Indians, for on his return DeVries found the settlement utterly destroyed, and the 32 inhabitants massacred. Thus, from its discovery in 1609 until 1637, no successful colony had been established on the Delaware. However, in 1638 Peter Minuit, who had been dismissed from his office with the Holland West India company, arrived with an expedition from Sweden, having gone to that country and been appointed by the Swedes to lead a voyage to the South River. Minuit established Fort Christiana near'the present city of Wilmington, which proved to be the first permanent settlement on the Delaware. The early Swedish settlements were followed in turn by Dutch and English communities. The Dutch wrested control from the Swedes, who could not match them in military prowess; but the sovereignty of the area eventually devolved to the English, with the signing of the Treaty of Westminster in 1674. Thus, after much wrangling, the English finally assumed control of the Delaware, and all Duke of York patents, initially granted in 1664, were renewed. 2 In 1681, to clear a debt of L15,000 owed to William Penn, King Charles signed a patent deeding "Pennsylvania" to him. And in 1682, James, Duke of York, issued a protective deed to Penn for Pennsylvania, New Castle and Horekill (which included the two lower counties, Kent and Sussex). Penn then sailed for America, arriving in New Castle, Delaware, on October 28, 1682. However, his boundary troubles were not over, for Lord Baltimore claimed jurisdiction over much of the three lower counties, leading to a territorial struggle which raged for over a century and which was not settled until 1768, with an agreement duly signed by the heirs of Penn and Lord Baltimore. This was the famous Mason & Dixon line, markers of which may be viewed to this day at certain points along the Maryland-Delaware boundary. The final act in this long drawn out dispute took place in 1691, when the "territories", or three lower counties, met and compelled Penn to accede to their demands that his government be divided, officially creating the independent state of Delaware. FISH AND WILDLIFE The early settlers of Delaware were justifiably impressed with the varied and abundant supply of fish and game the area had to offer. A detailed account by Captain Thomas Young, who explored the river in 1634, provides a first-hand description which has survived to this day: 3 "The river aboundeth with beavers, otters, and other meaner furrs.... I think few rivers of America have more... The soyle is sandy and produceth divers sorts of fruits, especially grapes, which grow wild in great quantities. The earth being fruitful is covered over with woods and stately timber, except only in those places where the Indians had planted their corne. The countrey is very well replenished with deere and in some places store of Elkes. The low grounds of which there is great quantitie excellent for meadowes [for pasturage] and full of Beaver and Otter. The quantity of fowle is so great as hardly can be believed, wee tooke at one time 48 partriches together, as they crossed the river chased by wild hawkes- there are infinite number of wild pidgeons, blackbirds, Turkeys, Swans, wild geese, ducks, Teales, Widgins, brants, herons, cranes, etc., of which there is so great abundance, as that the rivers and creekes are covered with them in winter. Of fish heere is plentie, but especially sturgeon." Even DeVries, in 1631, had described his entry into a fine navigable stream, filled with islands, abounding in oysters ...... and flowing through a fertile region." His appellation, Zwaandael, "Valley of Swans", is also illustrative of the waterfowl he found there. Peter Lindstrom, in his "Geographica America", ca 1655, describes the Christina as deep, and rich in fish, the land surrounding 11 ... flowing with milk and honey". The animals he describes include (mountain] lions, black bear, wildcats, lynxes, and wolves. During the mid-1600's, after going through the trouble of collecting a poll tax to pay for a bounty of 40 gilders on each wolf head, the court in New Castle decided that this was an ineffective way of controlling these beasts, and advised the landowners to dig wolf pits instead. 4 Probably the most lyric image of the area was that portrayed by John Fenwick, in his invitation to settlement in West Jersey (ca 1680): ... how prodigal ... hath Nature been to furnish this Country with all sorts of Wild Beasts and Fowl, which every one.... may Hunt at his own pleasure, where... he may furnish his House with excellent fat Venison, Turkies, Geese, Heath-hens, Cranes, Swans, Ducks, Pigeons, and the like; and... he may (also] go a fishing, where the Rivers are so furnished that he may supply himself with Fish before he can leave off the Recreation." It was the fur trade that probably first brought the white man to Delaware. And trade they did. On the fifth Swedish expedition, the ship "Famall arrived with goods to barter with the Indians. When she sailed on June 20, 1644, she was laden with 20,467 pounds of tobacco, and 2,136 beaver skins. It is significant that the central figure on the seal of New Netherlands is a beaver. But all was not "milk and honey," for Peter Kalm, a trained observer, describes in his "Travels in North America" in the mid 18th century the mosquitoes, gnats and other pestiferous insects which made life unbearable for newcomers to the region. THE LAND The land, except for the vast tidemarshes.which bordered the Delaware, and the corn fields cultivated by the Indians, was covered in pristine forest, with deciduous species predominating in the north, and generally giving way to conifers as one proceeded south. Wild grapes were in abundance. The soil, a sandy loam in Sussex, became heavier in New Castle, and was fertile. Corn, tobacco, small grains, peaches, cattle, wool and a variety of other crops were produced. Timber, both hard and softwood, was in abundance; indeed, because of the long drawn out boundary struggle between Lord Baltimore and William Penn, southwest Sussex remained unsettled for an extended period of time. Thus, when a settlement was finally reached, large stands of old growth oak and pine were available in the Nanticoke River area for the construction of the Delaware Ram, a ship especially designed for navigation and trade in and out of the Chesapeake Bay area. THE INDIANS "A few more passing suns will see us here no more, and our dust will mingle with these same prairies. I see as in a vision the dying spark of our council fires, the ashes cold and white. I see no longer the curling smoke rising from our lodge poles. I hear no longer the songs of the women as they prepare the meal. The antelope have gone; the buffalo wallows are empty. Only the wail of the coyote is heard. The white man's medicine is stronger than ours; his iron horse rushes over the buffalo trail. He talks to us through his whispering wire. We are like birds with broken wings. My heart is cold within me. My eyes are growing dim-I am old." Chief Plenty Coups (Crow) The American Indian was a hunter and gatherer. True, he did grow crops like corn and tobacco, but he gleaned his primary sustenance from the bounty, amply described previously, of the land and waters of his home. Moreover, except for minor practices like the clearing of small fields for his crops, he 6 lived within the parameters described by his environment. And since he took from this environment less than it normally produced; except for rare natural catastrophes which affected the animal and plant populations he depend ed upon for his food supply, his life was one of contentment and security. As a hunter he reigned supreme. But then again, this was true of most aboriginal peoples, even until this day, whether they were Apache or Lapp, Kung Bushman or Maori, Nanticoke or Inuit. But with the coming of the white man he and his way of life were doomed. The history of the treatment of indigenes by Europeans is a litany of coercion, aggression and vicious subjugation. Ferris, in his "History", says: "No one conversant with the history of that period [early America] can be ignorant of the wanton acts of cruelty, frequently committed on the defenceless natives, by the roving adventurers of that day... 11 There were exceptions to the above. Scharf tells us that of all the early settlers in Delaware, it was the Swedes, 11 ... simple, loyal, steadfast, who lived at peace with one another and the Indian... The atrocities committed by the English and Dutch were unknown to those kind people." While even the Swedes, however, may have had some difficulties, the example set by William Penn, a legislator a century ahead of his time",,was more commendable. He came to America not as an aggressor, but as a statesman and peace maker. His credo: 7 "Obedience without liberty is slavery. Liberty without obedience is confusion." he staunchly defended. The years of his dominion in the New World were strife free no blood was spilled in the name of civilization because of the actions of the Society of Friends. 8 THE DEVELOPING YEARS IMMIGRATION AND POPULATION Following the initial settlement of Delaware by the Swedes, Dutch and English, immigration into the first state increased with the passage of time, cresting with the great waves of migration which occurred in the 19th century. The pre-Columbian population of the three lower counties was estimated at a few thousand Nanticokes and Lenapes. Theses tribes were displaced by Europeans who in turn brought over African slaves, and to these other ethnic groups have been added, most recently, southeast Asians. The population curve of any locality is a function of many variables: climate, the economy, migration patterns, opportunity, natural resources, and others. This pattern is difficult to predict, and more difficult to control. An excess of people in a given area will stress the ability of that region to support its citizenry within reasonable levels of comfort. We like to refer to the maintenance of an acceptable "quality of life." The story of mankind is infused with civilizations which have mysteriously "disappeared". The truth of the matter is that these populations have, more often than not, exceeded the ability of their homeland to-support them. The people either did not recognize, or saw and refused to recognize, the coming crises. 9 There is nothing in the above which precludes such an event from happening in today's world, even with all of its technological sophistication. The white man's medicine, while strong enough to dispossess the Indian, may not sustain his own excesses. AGRICULTURE AND INDUSTRY The primary construction material of the area was at hand and in abundance - the forest primeval stretched to the setting sun, as far as the eye could see. Timber and dimension stock for homes, factories, tanneries, mills, shipbuilding, and a hundred other uses existed in seemingly limitless amounts. The land was thus cleared for agriculture, and by the mid- nineteenth century the last of the old growth timber was gone, and the forest complement of the state was supplanted in large degree by croplan d and orchard. Dams were thrown across most streams to provide power for the ubiquitous grist mill; the number of mill ponds this created at one time exceeded 200, and in many a wooded branch, to this day, vestiges of former mills may be seen. Thus man replaced the beaver, which had by this time been extirpated from the state, as the primary builder of dams. The duPont powder mills on the Brandywine evolved eventually into the large petro-chdmical complex that brackets the Delaware River in the Wilmington-Philadelphia-Camden area. And the older, coal-fired electric generating plants in the region have been supplemented by the nuclear facility at Sa .lem, to better meet the 10 growing energy needs of the Delaware Valley. THE ENVIRONMENT Early on, the effect that the white man exerted upon the environment was one more of change than of detriment. While the Indian had lived within his environment, the European modified the land to suit his needs.- However, with the passage of time these changes became more commonplace, of greater amplitude, and more destructive. For a while those initial modifications may have little affected the quality of the soil, water and air; but by the 20th century pollution, erosion and gross misuse had all but destroyed the once pristine habitat that existed in the new world prior to settlement. Interestingly enough, a cursory oversight of the region would have revealed little to the untrained eye. Fields were golden with bountiful crops; sky, except for the Wilmington area, a cumulus-dappled blue; bay a glorious seascape of sky and water; marshland filled with the song of pipe-reed and blackbird. True, the oyster and shad catches were steadily declining; the deer had long been gone; eagle and osprey populations were declining; but these and other changes had come about so slowly that only the demographer and a few others paid any attention to them. But enough attention was focused on the problem to bring about the first protective legislation. These early attempts at stemming the tide of environmental degradation were of necessity crude, based mostly upon regulations which prohibited those practices which grossly undermined the environment. The genesis of environmental protection, however, had finally come about. THE ESTUARY DEFINITION AND MANAGEMENT The Delaware Valley encompasses all lands and waters that drain into the Delaware estuary, which in its turn includes all wetlands and streams flowing into the river and bay. This estuary, one of the richest in the world, cannot.be defined within finite limits. Its entire periphery, from the wetlands that feed it the nutrients so essential to its life, to its southern terminus in the Atlantic Ocean, waxes and wanes with the seasons, the climate, and the tides. Moreover, the direction and amplitude of these changes may not be predictable - the capriciousness of nature is a fundamental biological principle. The estuary, therefore, is a living, ever changing biological entity. These factors, it appears, may be lost to those who would "protect" the estuary with a plethora of prohibitive regulations. The regulatory process is not a management principle in of itself, nor should it be ever utilized as such. It is a tool of management, which in turn is a philosophy which must be derived from a biological-historic-conservation perspective. A rigid regulatory process which is designed to maintain the status quo is contrary, by definition, to the fu ndamentals of estuarine ecology. The estuary, therefore, must be managed, and 12 the goal of this management must be to direct or influence these changes in an attempt to enhance, improve or restore the estuary. THE TIDEMARSH The tidemarsh is the circulatory system of the estuary. Thru its meandering streams and guts flow the nutrients, the life's blood, the very essence of this richest of natural resources. Its fauna, from the zooplankton of its muddy waters to the fish it nutures; from the pestiferous insects it is damned for, through vole and muskrat, otter and raccoon, deer and fox, eagle and osprey; is without peer in the temperate zone. Woodland Beach old timers reminisce of the days when the ducks were 11 ... so thick you couldn't shoot a hole thru lem... 11 and 11 ... a man had to make two, three trips to haul off a day's rat catch". Fenwick tells us that, "from the marshes near Leipsic in early days large numbers of muskrats were caught, and as many as a hundred thousand skins in one year have been shipped from there." Captain Young, in his description quoted previously, refers to 11 ... beavers, otters and meaner furrs...". As beaver and otter stocks were reduced the major trapping effort devolved to the muskrat, where it remains to this day. The Dutch, with their history of reclaiming wetlands from the sea, emulated this procedure in Delaware, diking and draining the marshlands of New Castle County in an attempt to convert them to productive farmland. Their efforts, however, were thwarted by the muskrat, which holed the dikes and rendered them useless. 13 As the fur trade expanded it encompassed these same "meaner furrs", and the landowners were not long in exploiting this market by diking the wetlands to contain, rather than drain. This procedure improved the marsh, for embanked meadows produced a superior rat, and thus was launched in the new world the first productive marsh management practice. There are meadows in New Castle County today which have been impounded for more than 200 years. It is important to note here that the muskrat has been an economic mainstay of the Delaware tidemarsh farm, producing millions of dollars in income over the years and paying off many a farm mortgage. Moreover, it has been trapped on a sustained yield basis, and this income has encouraged many marsh landowners .to protect and improve this vital resource. - I Over the years, however, wetlands throughout the continent have been drained, filled, polluted and otherwise degraded. The percentage of marshland so destroyed has been staggering; while it has slowed, the practice continues. In addition, Delaware wetlands have been "naturally degraded" by a severe infestation of the noxious plant Phragmites. This aggressive interloper is crowding out the indigenous Spartinas, resulting in significantly reduced muskrat and waterfowl use of these once prime marshlands. only as the effects of estuarine degradation have become obvious to even the untrained eye; as the value of wetlands to 14 the environment has, finally, been indicated; has change been inaugurated. This has propelled us into the first, "regulatory", phase of protecting the estuary. our final goal should be that of evolving a philosophy of total estuarine management, based upon research and education, and treating all phases of regulation, utilization, improvement, restoration, and revitalization of that most vital of natural resources that the Delaware estuary is. CHRONOLOGY Before we can think of devising an estuarine management plan, we should sit back and assimilate, from a chronological overview, at least those major natural and man-made events which have, in the last 350 years, significantly impacted Delaware's estuarine marshlands. 1712 Diking and draining tidal marshes 1740 Thoroughfare - Smyrna River 1878 Tidal wave - great storm 1930's Mosquito control grid ditching 19301's Permanent Indian River inlet 1939-61 Bombay Hook impoundments 1959-61 Little Creek mosquito control impoundments 11950 -> Phragmites intrusion 1980's open marsh water management 1980's Snow goose eat outs Bombay Hook NWR THROUGHOUT Sinking mid-Atlantic coastline 15 That change, whether it be historical, annual, daily; natural or man-made; is an integral function of the estuary, should be obvious from the above. This is why any such plan should be designed as one that attempts to control the rate, direction and amplitud e of change, in order to best maintain the ecological integrity of the estuary. DNERR WILDLIFE MANAGEXENT PLAN INTRODUCTION The NERR project attempts to approach the problem of long- term, integrated estuarine management by establishing reserve areas within selected estuaries; and in the Delaware scenario, to further establish a research and educational facility within her reserve. From this proposed St. Jones facility field studies and educational activities may be carried out which will in time lead to a total recovery of the Delaware estuary. Such an accomplishment will greatly benefit the country environmentally, economically, aesthetically and educationally. This wildlife management plan should be derived from an historic and philosophic perspective. It should attempt to correct the sins of the past, to improve upon existing management techniques, and to explore new areas of fish and game management over an extended period of time. 16 HUNTING, FISHING AND TRAPPING Hunting, fishing and trapping have been major pursuits of man throughout history. We have seen where aboriginal man had in general lived within the constraints of his environment. But then he was a hunter and gatherer, and his population level, like those of the animals about him, were environmentally controlled. The white man, however, brought civilization with him, the tools of which enabled him to shape and change the environment to suit his needs. During most of history, his predilection for coercion, subjugation and plunder was extended beyond the peoples he conquered, to include nature's bounty. Thus the beaver, which was a major attractant to the new world, was soon extirpated from most of its range. So too were the mountain lion, the white-tailed deer, the buffalo and a host of others; some, like the passenger pigeon and Labrador duck, never to return. In Delaware over 100 years were to pass after its initial settlement before the first laws were enacted to protect wildlife from'overhunting. In 1740 a closed season, and in 1841 complete protection was extended to the white-tailed deer. Not until 1954 was this species again allowed to be hunted.. Since that time, seasons and bag limits have been increased, while the population continues to climb. The wild turkey, a species which Ben Franklin wished to be our national bird, was largely exterminated from its original range. Today, the turkey has been re-established in all lower 17 forty eight states, and is again being harvested under controlled conditions. Turkey and deer are excellent examples of how many wildlife species, all but eliminated by the wanton exploitation of early settlers have, under sound biological management, been restored to their former ranges. This historic cycle of exploitation, protection, management, and utilization may be applied to any renewable resource. As man finally becomes aware of the constraints he must employ he becomes more adept at bringing about the first principle of conservation: "the wise use of natural resources, to benefit the most people." Probably the practice most subject to criticism in today's world is that of trapping. Most of the faultfinding directed at the fur industry comes from people who are urban-oriented, who respond emotionally to a biologically and economically sound procedure. The muskrat today provides significant income to the Delaware tidemarsh farmer, who manages his wetlands to provide a sustained yield of fur. It is intriguing to note that the critical rhetoric that is directed against hunting and trapping is, curiously enough, absent in many cases where domestic animals are raised for slaughter and the production of foodstuffs. The practice of utilizing various animal species for food and fur has devolved to a philosophy of conservation of renewable resources. Interestingly enough, it has not been the protectionists who over the years have been responsible for the preservation and management of the nation's wildlife resources, but the sportsmen who (1) became aware of, (2) enacted legislation, and (3) provided the funding necessary to insure the survival of wildlife in America today. NON-CONSUMPTIVE USES In the parlance of the times, biologists like to use the words "consumptive" (hunting, fishing, trapping) and "non- consumptive" (birding, hiking, camping, etc.) to describe how people enjoy the out-of-doors. A poor choice of words, since to "consume" means to 11 ... eat or utilize completely... to do away with completely and destructively." The modern wildlife manager manipulates habitat and regulations to utilize a renewable resource. In this sense he does not "consume", but "conserves" or "husbands" (to protect from loss or destruction). At any rate, non-consumptive users are those whose interest in our wildlife and outdoor resources is aesthetic, and in and of itself does little to affect the resource. on the one hand, the consumptive or conserver uses these resources within limits determined by sound conservation principles. On the other, the non-consumptive enjoys them for their intrinsic value. During the last@half of the twentieth century a plethora of organizations, self-proclaimed "environmentalists", have arisen.- 19 especially in the United States and western Europe - where they collectively title themselves "greens". The doctrines espoused by these groups, particularly the more militant, are narrow in perspective and strident in tonality. These people give but lip service to basic biological principles - theirs is a crusade based upon emotionalism. This brings us to,a major problem facing the wildlife manager today, who as we have seen above, has recognized the sins of the past and taken corrective action by developing the sound conservation practices which have gone so far in restoring and managing our wildlife resources. He was not prepared for, however, and therefore has been slow to react, to these social aspects of wildlife management. Times change, and while animal population dynamics respond to age old stimuli, vocal special interest groups pose today's challenge, which must be addressed. PROJECTS The following topics are outlines of suggested research, educational and management projects which may be incorporated into the management plan. They represent the wide array of problems which exist, and should be addressed in order for DNERR to accomplish its goals. These projects have been subdivided into the categories listed below: A. MONITORING The Sinking Coastline Phragmites Intrusion Snow Goose Depredations Little Creek impoundments 20 B. RESTORATION AND MANAGEMENT Cedar Swamp North Mahon Marsh Tidemarsh Sheet Water The Bigstone-Mispillion Marsh C. APPLIED RESEARCH Development of Continuing Regulations Open Marsh Water Management Phragmites Control Continuing Development of Water Management Techniques Snow Goose Management D. INFORMATION AND EDUCATION E. CONCLUSION 21 MONITORING The Sinking Coastline Because of the combination of coastal subsidence and a rising sea level, the mid-Atlantic coastline is "sinking" at, geologically, an extremely rapid rate., This is especially true at certain sites along the Delaware littoral, Port Mahon being a case in point. The combination of coastal subsidence, high tides and wind action have accelerated the rate of shoreline erosion here, with devastating results: 1. Hundreds of acres of bay front tidal marshlands have been lost. 2. A sea wall installed by the State of Delaware in the 1980's to protect a portion of this shoreline failed before it was completed. 3. The.Port Mahon road has lost its surface and been overrun on many occasions. After each event it has been temporarily patched with gravel. 4. Rip-rap installed to protect other parts of the shoreline has proven grossly inadequate. It is obvious from the above that coastal subsidence in Delaware must be monitored from a time-space perspective, in order that corrective action be initiated in any given area before damages incurred rise to a level*where they become insurmountable or economically unfeasible to correct. 22 Phragmites Intrusion Phragmites is an aggressive, pestiferous plant which has invaded Delaware's wetlands and is supplanting the cordgrasses, three-squares, cattails and other indigenous species at an alarming rate. Its presence has degraded the marshes ecologically, resulting in sharp declines of native wildlife in general, and especially economically important species such as waterfowl and muskrats. In an attempt to solve the problem, the Delaware Division of Fish and Wildlife, in concert with the U.S. Fish and Wildlife Service and the Monsanto Chemical Corporation, have through assiduous research developed a "soft" herbicide which has provided the most successful control of Phragmites to date. In keeping with its desire to aid the Department of Natural Resources in its efforts to suppress this noxious plant, the legislature has provided funding for a cost-sharing program which is made available to landowners who wish to restore their wetlands. The purpose of this project should be to monitor the extent of the Phragmites incursion and the ability of the plant to survive under continuing control efforts. snow Goose Depredations Greater snow goose wintering populations began a rapid build-up in Delaware during the 19801s. The feeding activities of this species presents a striking picture -- the birds wheeling and turning in close knit groups numbering in the thousands# all 23 the while honking and cackling in raucous cacophony. This bird has historically fed on the rootstocks of tidemarsh plants, especially the cordgrasses. In recent years they have begun to emulate their Canadian brethren, feeding in harvested corn and small grain fields. Where they have fed on the tidemarsh, however, their sheer weight in numbers has resulted in large areas where all emergent plants, including their rootstocks, have been stripped. Here have been left broad tracts of completely denuded wetland, so- called "eat-outsit, which then become subject to tidal erosion and destruction. This has in fact happened in Delaware, especially on Bombay Hook Island, but in other places as well. While control efforts have slowed the birds penchant for overfeeding localized tidemarsh areas they have failed to curtail this activity. Snow goose eat-outs should be monitored. Their location and extent should be recorded, especially in light of control efforts and the recent inclination of this species to divert at least a part of its feeding effort to harvested upland fields. Little Creek Impoundments In 1959, in an effort to establish long term, biological control of mosquitoes breeding in the Little Creek marshes, the State of Delaware installed a series of large, low-level impoundments just south and north of Little River. In addition to effectively controlling mosquito production in an area which had historically posed a severe pest problem to the Dover area, 24 these pools proved to be a boon for large numbers of wintering waterfowl, and an important breeding and resting area for ducks, shore and wading birds. The impoundments are largely owned by the Division of Fish and Wildlife, which manages them as waterfowl resting and harvest areas, and are extremely popular with the bird watching community. In addition, they have served as test areas for the development of newer and more refined water management dike and maintenance techniques. It is most important that these areas be properly maintained; that they be continually monitored from mosquito control, wildlife management, estuarine ecology, and non- consumptive use perspectives; and especially as these perspectives compare to other continuing, modified, or newly developed estuarine management techniques. RESTORATION AND MANAGEMENT Cedar Swamp The Cedar Swamp area is a rectangular block of land bordered on the north by the Taylors Bridge light road, on the west by Route 9, on the south by the Smyrna River, and on the east by the Delaware Bay. It encompasses about 6000 acres of tidemarsh, farm and woodland. In the mid ninete enth century the swamp supported a fine stand of white cedar, which was surrounded by prosperous farms. At that time the road ran south and east from Taylors Bridge and 25 before reaching the bay turned south, then ran along the shoreline to Collins Beach where it joined the east-west road from Flemings Landing, completely encircling the swamp. It was largely a fresh water marsh and drained from its southeast quadrant through a pair of ditches which ran beneath the road just north of the Hygenia House, a hotel owned by Frank Collins of the beach of the same name. In 1878 a severe storm struck the Delaware Bay and at its height spawned a great tidal wave, which did substantial damage to property, livestock and bay shore. It created a break through the dunes south of Hygenia House, isolating it from Collins Beach. With the passage of time the tidal surge through this gap caused it to widen and deepen. This in its turn enlarged and changed the swamp dramatically. In time this once pristine fresh water cedar swamp became a salt water inlet. The cedar trees succumbed, and the fresh water cattails and bulrushes were replaced by cordgrasses. The most recent ill to befall.the swamp is the intrusion of Phragmites, which is replacing the Spartinas. In the 1960's most of the swamp area was methodically incorporated into a single holding by the Shell Oil Company, which had planned to build a refinery on the site. Fortunately, this event never came to pass, and the ensuing controversy was in good part responsible for the passage of Delaware's landmark coastal Zone Act. Most recently the area was subdivided into ten large tracts, with the swamp proper and the shoreline parcels 26 devolving to the State of Delaware. And so the Cedar Swamp, once fresh and highly attractive to waterfowl and muskrats, has today degenerated ecologically into a marsh where plumes of feathergrass sway in a wind that bore the sound of myriad waterfowl voices, its epitaph written on the bleached stumps of long dead cedars. The Cedar Swamp can and should be restored. The State of Delaware has the technology and the resources to accomplish this task. DNERR should undertake a feasibility study to ascertain the engineering needs, ecological benefits of, and costs of closing the break, installing a controlled outlet to the Smyrna River, and designing a water management regimen - all with the goal of rehabilitating this once pristine wetland. North Mahon Marsh As stated under "Monitoring" the sinking coastline has seriously impacted the Delaware littoral, especially in the Port Mahon area. If the North Mahon marsh is to be saved something must be done, and very soon. The Mahon sea wall has long since failed, and the rip-rap located just to the south of it is inadequate at best. The road has been all but washed away and will be breached in the immediate future. It will be the Cedar Swamp all over again. The tide will surge through the break, creating a dendritic pattern of tidal guts within the marsh complex, which will erode it severely. It will drain more completely on low water, and Phragmites will move into a then more attractive site for 27 this plant to establish itself. The marsh will become ecologically much less attractive for ducks, geese, shore and wading birds. With the road gone the Mahon launching area, the recreational fishing pier, commercial fishing boat dockages, and the Air Force jet fuel off-loading facility will be isolated. The former will all have to be abandoned; the latter serviced by boat, if indeed the pipeline itself survives. In addition, many more hundreds of acres of tidemarsh will be lost to erosion, exacerbating a process which has only accelerated in the past 30 years. Based upon the above, DNERR should undertake a project designed to: 1. arrest the process of shoreline erosion 2. protect the access road to Port Mahon 3. install water control structures which will enable an ecologically sound water management regimen to be effected. Tidemarsh Sheet Water The first serious attempts to dewater the Delaware tidemarshes were undertaken by early Dutch settlers in New Castle county in order to create additional farmland. Major upland drainage activities over the years have been concerned with removing excess water-from cropland. These efforts increased with the passage of time, culminating with the wholesale agricultural drainage projects of the 1960's and 170's. 28 By far the most widespread estuarine drainage activities occurred during the 19301s, when hundreds of miles of tidemarsh ditching was completed in an attempt to attain statewide mosquito control. These grid systems traversed most Delaware marshes; they may be seen to this day, especially from the air. Grid ditches exerted both short and long term effects on the tidemarsh. In the short term they expedited the flow of "trickle tides" (rainwater), storm and wind tides from these wetlands. This removed the standing or sheet water from the marsh surface and with it the environment so necessary for mosquito eggs to hatch. In the long term they lowered the mean water level and increased the salinity of the tidemarsh zone. This resulted in a slow yet irreversible change in vegetation from the more beneficial, fresher water loving plants like cattails, smartweeds, three-squares and millets; to the "hightide bushes", cordgrasses and other more saline loving plants. An insidious consequence of the above, which by its very nature allowed the damage to continue for the life of the drainage program, was the significant drop in the use of these wetlands by waterfowl, muskrats and wading birds. In addition, since most natural marshland sloughs and ponds were tied into the system - and there were thousands involved - these were effectively removed as a Delaware tidemarsh feature. The economic results were calamitous. Muskrat catches first increased as rats moved closer to the ditches for water, making 29 them easier to harvest; then fell precipitously as their habitat deteriorated. The advent of the noxious plant Phraqmites only served to exacerbate this situation. DNERR should appraise the historic loss of sheet water as a result of the wholesale drainage of tidemarsh sloughs and ponds. In addition, it should identify those marshes where little or no attempts have been made to reclaim such wetlands, and to design methods by which sloughs, ponds and sheet water may be restored to a degree which will rehabilitate them. The'Bigstone-Mispillion Marsh Just after the turn of the century Frank Greco, who owned nearly 4000 acres of marsh and farmland in southeast Kent County, built a canal in order to expedite the flow of produce from his land to the Philadelphia market. This waterway ran from the Bigstone Beach road in a southeasterly direction for two and one half miles. At this point it approached the dune line to within a few hundred feet. It then turned slightly landward and ran south for about a mile, where it entered the Mispillion River quite an extraordinary undertaking for the time. However, this ambitious project was terminated when Greco was not allowed to cross the road with his project. He moved to Milford and continued to ship via railway to market. Tragedy overtook the family soon afterward when the parents were carried off after eating poisonous mushrooms, leaving a sole surviving daughter. The enterprise waned and died along with its promoter, to be known to future generations on maps of the area simply as 30 "Grecos Canal". In the course of time the sinking Delaware coastline, migrating inexorably and ever westward, literally caught up with the waterway, where its apex most closely approached the bay. A few years ago the canal was breached at this point, and the age old sagas of the Cedar Swamp and Woodland Beach were repeated. As the tidal surge races back and forth through this opening the whole natural drainage pattern of this vast marsh complex will be reordered. The primary victims of this event, once again, will be the waterfowl and muskrats which utilize these wetlands. DNERR should undertake a study of the Bigstone Mispillion marsh with the objective of salvaging this area before major damage to its wildlife habitat occurs. Again, the technology is available; and the funding, at this point, a mere fraction of what will be required within a few years. APPLIED RESEARCH Development of Continuing Regulations The regulatory process is a tool of management, and estuarine management should be viewed as a fluid, continually changing process, designed to protect the ecological integrity of the estuary. As such, it should take advantage of knowledge and methodology derived from historic, current and evolving research and management techniques. therefore, while estuarine management should correctly protect the estuary from a wide variety of natural and man made damage vectors, it should at the same time 31 allow acceptable practices formulated to rehabilitate wetlands to be incorporated into its regulatory framework. To put it in another way, the primary thrust of regulation is protection; the goal of management is utilization. Regulation, therefore, should allow maximum utilization within the bounds of sound conservation parameters, and should in no way prohibit by its protective language cogent, acceptable wildlife management practices. DNERR should embark upon a continuing study of this regulatory process. It should periodically suggest changes which it feels are needed to enhance the efforts of resource agencies whose job it is to protect and manage the Delaware estuary. While the doctrine of not tampering with the regulatory process for fear of losing out to those who would do further damage to it may seem commendable, such a philosophy jeopardizes the efforts of responsible biologists whose job it is to manage this resource in the most efficient, up to date manner. Open Marsh Water Management Open marsh water management represents probably the newest and best.in the continuing development of estuarine management practices designed to achieve specific conservation goals. In this scenario marsh tracts are mapped and mosquito breeding areas delineated. These-sites are then excavated to minimal depth and the spoil sprayed onto the surrounding wetland. Spoil deposited in this amount and manner brings about no change in marsh surface elevation. 32 The end product is a crazy quilt pattern of slough and marsh where man-made drainage systems have been interrupted, biological mosquito control achieved, and sheet water restored, making the area once again highly attractive to waterfowl, waders and marsh birds. The estuarine ecology has been enhanced, and the marsh restored to a more historic condition. DNERR should continue to investigate this technique in an effort to refine and expand its capabilities, making it adaptable to a wider variety of wetland situations. Phragmites Control In addition to or in concert with the monitoring project described above, DNERR should investigate additional and alternative methods of controlling this pest plant in an attempt to improve upon existing control efforts. The goal of this project should be to ultimately devise an efficient, economic method for achieving control on a statewide basis. Continuing Development of Water Management Techniques The key to marsh management lies in the development of biologically sound water management techniques. The wetland plant community.is a function of its water quality, quantity and level, on a time period. Just as man and nature-induced changes in the water regime of a given wetland may produce harmful results, so may man induced practices restore once viable marshes. 33 over the years, wildlife managers have developed a variety of approaches to wetland problems in their continuing efforts to improve and protect these valuable natural resources. These have included dikes, water control structures, open marsh water management, "soft" herbicides and pesticides, burning, impounding, and others. DNERR should continue to investigate the general field of water management in an effort to improve existing methods and to devise new ways to manage and control water levels, water quality and water quantity. Snow Goose Management The snow goose problem has been discussed above under "Monitoring". In addition to following the annual wintering activities of this bird and noting its population level and dispersion, we must attempt to devise management techniques designed to curtail the wholesale damage incurred when great flocks descend upon and strip large tidemarsh areas of all vegetation. The goal of this management should be one of protecting the fragile ecology of feeding wetlands, while at the same time allowing this species to reasonably meet its overwintering needs A tall order, indeed. Harvest management, diversion to picked grain fields and scare tactics are among the options now available to and being employed by wildlife managers. It is obvious, however, that additional efforts and devices must be utilized to ultimately solve this problem, and DNERR should partake in this process. 34 INFORMATION AND EDUCATION Traditional and Non-Consumptive Uses Among the NERR projects Delaware offers - along with the usual array of estuarine research and educational activities, especially in the lower St. Jones sector - is its deep-rooted historical involvement. The St. Jones patents are some of the oldest in the United States, representing the likes of Caesar Rodney and John Dickinson, the "penman of the revolution". The Dickinson mansion and plantation have been preserved and restored by the Division of Historical and Cultural Affairs, a project which continues to this day and represents and important adjunct of the core area. These tidemarsh farms have been tilled, hunted, fished and trapped for over 300 years, and the area today looks not unlike it did in the colonial period. St. Jones neck has sustained little of the explosive development that the rest of the State of Delaware has experienced. A NERR project on this site can help provide protection not only to an important estuary, but to a most significant historical resource as well. Because this area has been hunted, fished and trapped for so long it presents an excellent opportunity to study the relationship of these traditional activities vis-a-vis today's more non-consumptive oriented attitudes. Not only the relationship, but the-problem of how these at times opposing viewpoints may be reconciled, makes ideal grist for this unit's mill. 35 The management of the St. Jones core area is a case in point. The tidemarsh here has traditionally been hunted and trapped. Will these activities continue as part of DNERR? Will the option of restoring historically drained ponds and sloughs through open marsh water management be exercised? will the core area be made a sanctuary and additional ponds created on adjacent cropland be provided as alternative harvest zones? How will traditional and non-consumptive activity schedules mesh? All of the above options are viable to various degrees; some will undoubtedly be considered, along with others, in the core area management plans. And all will have to satisfy a widely divergent, but not necessarily incompatible, set of parameters. The DNERR project provides an excellent opportunity to study how deeply rooted, historical traditional uses may be merged with more modern, non-consumptive attitudes to obtain a viable, ecologically oriented estuarine research, management, and educational program. In addition, the effect of public use upon private land - a problem becoming more commonplace because of today's escalating population and the pressure it puts on a dwindling land resource base - may be addressed and, hopefully, a workable solution developed. Conclusion The DNERR project represents an opportunity to carry out estuarine research, management and education in an environment of considerable historical significance. -36 Environmental degradation, both natural and man made, has along with its detrimental effects on soil, water and air, not spared the tidemarsh which has been such an integral part of the Delaware estuary. Today's burgeoning human population has exerted additional stress upon the state's choice wildlife habitat. State and federal wildlife authorities recognized the impending danger over half a century ago and began to acquire strategic wetlands, ponds and wildlife areas in an attempt to protect these valuable resources. The prime movers in this venture, until recently, were the traditional users of the area - the hunters, fishermen and trappers - who provided the necessary funding through self imposed taxes on sporting goods. In addition, innovative management and development practices have been designed in order to restore and reclaim despoiled wildlife habitat. The implementation of these practices has, over the years, resulted in the restoration of many degraded wetlands; been a boon to waterfowl and wading birds; provided efficient mosquito control within ecologically acceptable parameters; helped reduce phragmites infestation; protected indispensable shorebird migration routes; enhanced muskrat habitat. It is ironic and unfortunate that long overdue and needed environmental protection regulations have, when finally enacted, discouraged and in many cases prevented the implementation of many of these wildlife management practices. Wildlife and marsh managers need to be able to continue the good work they have done 37 in the past - these activities must not be jeopardized by regulations designed to protect the estuary from destructive agents. We can, and we must... manage the marsh... and protect the estuary. Anthony Florio Wildlife Consultant Dover, Delaware March 1991 38 I i I I I I I. I I I I I I I I I I I I jll@ I 3 6668 14109 9434