10 



Statement of Hon. John F. Kerry, a U.S. Senator from Massachusetts, and 

 Chairman, Committee on Foreign Commerce and Tourism 



I would like to commend the distinguished Chairman of the Merchant Marine and 

 Fisheries Committee, Congressman Studds, for convening this most important hear- 

 ing today. This hearing is of particular importance in that it brings together many 

 of the key parties, especially the Federal agencies, involved in this issue to answer 

 questions and clarify written material. I applaud the Chairman's efforts and com- 

 mitments to this issue; I know of no Member of Congress more committed to issues 

 of marine protection than Gerry Studds. I appreciate you affording me the time 

 today to present a brief statement outlining my continued interest regarding the 

 long-term health of Massachusetts and Cape Cod Bays. 



I certainly share the concern of South Shore and Cape Cod residents and feel that 

 we must be wary of the impact of any solutions to cleaning up Boston Harbor that 

 will have an adverse effect on the quality of Massachusetts and Cape Cod Bays. It is 

 crucial in forging environmental cleanup solutions we do not merely shift pollution 

 from one area to another, and we must strive for real solutions. Any and all actions 

 affecting the Massachusetts and Cape Cod Bays should be judged on the effect to the 

 overall sustainability of this region. Boating, fishing, and swimming and other ocean 

 and shoreline commercial and recreational activities are what make our State such 

 a beautiful, enjoyable, and viable place to live. This quality of life must be preserved 

 and future generations of both humans and animals must be able to use and enjoy 

 these resources as we are able to do so today. 



I understand that this hearing today focuses on the issues raised in the National 

 Marine Fisheries Service's (NMFS) Biological Opinion on the effects of the discharge 

 of the effluent from the Massachusetts Water Resources Authority (MWRA) pro- 

 posed outfall pipe on endangered species. While the NMFS opinion ultimately con- 

 cludes a no-jeopardy opinion, meaning that the proposed outfall pipe will not be 

 halted due to violations with the Endangered Species Act, it does raise many signifi- 

 cant issues of concern. 



The NMFS opinion delves into great detail regarding the ultimate questions and 

 uncertainties that remain outstanding regarding the viability and productivity of 

 Massachusetts and Cape Cod Bays as a result of the discharge from the proposed 

 MWRA outfall pipe. I am sure that Congressman Studds and the many esteemed 

 experts here today will go into much greater detail with their statements and ques- 

 tions. However, I would like to make a few general points. 



One fact I am sure of today is that we will not walk away from this hearing with 

 any more definitive answers regarding the science as to the long-term effects of the 

 proposed outfall pipe. These issues are extremely complex and do not lend them- 

 selves to any simple or immediately satisfactory answers. What I believe can be ac- 

 complished today is receiving stronger commitments and assurances that the addi- 

 tion studies, monitoring, and a contingency plan documented by NMFS is acted on 

 and carried out. I am grateful that the National Marine Fisheries Service (NMFS), 

 the Environmental Protection Agency (EPA), the U.S. Geological Survey (USGS) 

 and the Massachusetts Water Resources Authority (MWRA) are represented here 

 today to respond to questions concerning the continued efforts necessary. We must 

 be able to fully and confidently measure the ongoing effects of this proposed outfall 

 to the marine ecosystem which includes the marine mammals. 



In their Biological Opinion, NMFS specifically details a host of conservation rec- 

 ommendations. These recommendations include contingency planning, addition 

 studies needed and necessary monitoring issues. I am particularly interested in the 

 response to all of these issues raised and commitments as to who should be primari- 

 ly responsible for implementing these measures. Of special concern remains the in- 

 sufficient far-field monitoring in areas, especially at Stellwaggen Bank and Cape 

 Cod Bay. 



As the Vice-Chair of the Senate National Ocean Policy Subcommittee, I have 

 worked hand-in-hand with Congressman Studds over the years on a host of coastal 

 issues. In this purview, I have helped pass a $500,000 appropriations for the U.S. 

 Geological Survey to study sediment transport and residual pollution effects in Mas- 

 sachusetts Bay, and I crafted an amendment to involve the National Oceanic and 

 Atmospheric Administration (NOAA) in testing baseline data and provide monitor- 

 ing assistance. I consider these efforts pieces of a larger, more holistic approach 

 which is essential for the long-term viability of Massachusetts and Cape Cod Bays. 



I worked long and hard with Congressman Studds to bring about the designation 

 of Stellwagen Bank as a National Marine Sanctuary. The demonstration of support 

 and level of advocacy for this designation confirms for me the deep care of individ- 

 uals for the protection of this most important habitat. I am thrilled that the years 



