ENDANGERED SPECIES ACT— THE BOSTON 

 HARBOR OUTFALL 



MONDAY, OCTOBER 18, 1993 



House of Representatives, Subcommittee on Environ- 

 ment AND Natural Resources, Committee on Mer- 

 chant Marine and Fisheries 



Boston, Massachusetts 

 The Subcommittee met, pursuant to notice, at 9:14 a.m., in the 

 U.S. University Club, 11th Floor, Healey Library, University of 

 Massachusetts at Boston, 100 Morrissey Boulevard, Boston, Massa- 

 chusetts, the Honorable Gerry E. Studds [chairman] presiding. 

 Present: Representative Studds and Senator Kerry. 

 Staff Present: Jeffrey Pike, Counsel; Karen Steuer, Counsel; and 

 Marvadell Zeeb, Clerk. 



OPENING STATEMENT OF THE HON. GERRY E. STUDDS, A U.S. 

 REPRESENTATIVE FROM MASSACHUSETTS, AND CHAIRMAN, 

 SUBCOMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES 



Mr. Studds. I want to begin this hearing by expressing our ap- 

 preciation to the Chancellor and the staff of this campus of the 

 University of Massachusetts. They have been extraordinarily coop- 

 erative and helpful in ironing out the logistics of what is never as 

 simple as it looks. We are deeply appreciative of their kindness. I 

 want to thank our witnesses for assembling here. 



We will be relatively informal, as Congressional hearings go. We 

 are expecting several other members. Senator Kerry will be able to 

 be here briefly. Congressman Saxton is our ranking Republican 

 member from New Jersey, and is reported to be, and I quote, "in 

 the tunnel." I will let that stand. We think Congressman Torkild- 

 sen of our State may be here as well. We must proceed, and we will 

 do that. 



As I think you all know, we are here to take a hard public look 

 at the final stage in the consultation process under the Endangered 

 Species Act with regard to impacts on endangered critters in Mas- 

 sachusetts and Cape Cod Bays, if any, due to the outfall construc- 

 tion that is underway. This has been an extraordinarily carefully- 

 watched procedure. As I think you all know, the EPA's biological 

 assessment has now been evaluated by the National Marine Fisher- 

 ies Service who has that responsibility, and they have issued their 

 biological opinion. It is that opinion that we have asked a variety 

 of people to address today. 



For the past year, this Subcommittee has been holding hearings 

 on the reauthorization of the Endangered Species Act. We have 



(1) 



