43 



4 

 determination is made, measures still are sought and recommended 

 that will reduce or mitigate those effects that are unavoidable. 



Several consultations in the Massachusetts Bay region demonstrate 

 the effectiveness of section 7. In two cases where the agency 

 found jeopardy, the Pittston oil refinery (1978) and oil and gas 

 lease sales in the Georges Bank region (1982), the potential 

 effects were unacceptable and ultimately the projects were not 

 undertaken for a variety of reasons. Major no jeopardy 

 consultations include the Central Artery and Third Harbor Tunnel 

 project and the designation of the Massachusetts Bay Disposal 

 Site (MBDS) . A no jeopardy finding for the MBDS was based on the 

 Corps establishing a dredging and disposal schedule that was less 

 likely to affect listed species and implementing an observer 

 program that has provided some information on the presence of 

 whales near the disposal site. The MBDS designation prohibited 

 the disposal of material not meeting the dredged material testing 

 protocol. It has forced a hard look at alternate methods of 

 managing contaminated dredge material in the region. In 

 addition, consultations on regional fishery management plans have 

 led to provisions for maintaining closed areas, modifying gear, 

 and tailoring effort-reduction management regimes to minimize 

 incidental take of protected species. 



The recent MWRA consultation considered the proposed issuance of 

 a permit by the EPA to the MWRA for the discharge of treated 



