92 



The Right Whale Recovery Plan states, on page 11, that " the general degradation of 

 coastal marine habitats may ultimately be the most Impwrtant factor affecting 

 recovery of the northern right whale." Thus it is pfessible that conditions as they 

 ctirrently exist in the Bays are threatening the population and their habitat. 



The Biological OpiiUon provides a quite thorough treatment of the significant 

 environmental issues regardiivg the discharge of partially and fully treated sewage 

 effluent and its potential to impact on the Bays system and to harm endangered and 

 threatened species. The Opinion raises a number of appropriate questions and calls 

 for needed studies. 



We believe that all of the Conservation Recommendations and Additional Studies 

 included in the Opinion are critical to the determination of whether future 

 operations of the MWRA facility will jeopardize the continued existence of 

 endangered and threatened spedes. We emphasize the need for many of these, 

 including alternative analyses, to be completed prior to any dischcirge from the 

 outfall. We agree with NMFS that these recommendations must become part of the 

 discharge permit, the Court Order, or any other relevant federal or state actions: 

 Their implementation cannot be left to chance. 



In addition to the recommendations contained within the Biological Opinion, we 

 strongly urge you to assure that the following actions are taken: 



1. The far-field monitoring program must be developed and implemented prior to 

 the op>eration of the outfall. At present, we do not have adequate baseline data to 

 evaluate future environmental change. Without this baseline, we will be unable to 

 determine whether there are adverse impacts from the outfall, and thus whetl^er 

 endangered and threatened species and their habitats are in jeopardy. The 

 importance of far field monitoring has been highlighted by our SAP in tlieir review 

 of the Biological Assessment and the Opinion. 



2. Mearungful change in enviroiimental conditions which affect the threatened and 

 endangered species of concern must be defined. Clear goals and objectives must be 

 identified for monitoring to be useful in determining change. Members of the SAP 

 address these points in their comments on the Opinion. The management process 

 is inadequate without a definition of meaningful change in order to determine 

 whether adverse impact is occuring. In addition, benchmarks are required for 

 determining whether the contingency plan must be invoked. 



3. We agree with NMFS on the importance of developing a contingency plan, and 

 being prepared to implement it if necessary. We recommend that this contingency 

 plan also address needed actions as a result of any breakdown in tl\e facility, and that 

 the plan identify alternatives to using the proposed outfall. The plan should be 

 specific in terms of allowed treatment levels, permissible timeframes before 

 contingency actions are required, and alternative upgrading procedures. 



