Rule 40-5-3.1 - MISSISSIPPI SCENIC STREAMS PROGRAM Public Notice 3661 is hereby amended Public Notice 3661 is hereby amended.
A. CRITERIA FOR SCENIC STREAM DESIGNATION: Minimum Standards1. Each stream or segment of stream subject to evaluation for candidacy and possible inclusion into Mississippi's Scenic Streams Stewardship Program must be on the State of Mississippi's list of officially designated "PUBLIC WATERS". If this requirement is met, then the stream must meet at least ONE of the following requirements:a. Listed as a stream recreational area in a publication by a government agency, or by a statewide conservation group, professional association, or recreation organization.b. Traverses or is adjacent to a state or national park, forest, refuge, wildlife management area, monument or other major public land.c. Exhibits existing or potential use for recreational boating (motorized boating, rowing, canoeing, kayaking or tubing).d. Possesses accessible unique scenic or historical sites.e. Supports plants and/or animals that are unique or of special concern.2. If the stream or segment of stream in question meets the above standards it will be subjected to the evaluation system listed below that addresses (1) BIOLOGICAL, (2) PHYSICAL, (3) HUMAN INTERACTION and (4) HISTORICAL criteria. Scores will be determined within each of these four criteria areas and then summed for a total score. A minimum score will determine whether the stream or section of stream is eligible for nomination as a candidate stream for the Mississippi Scenic Stream Stewardship Program. For those considered eligible, scores will be used to establish priorities among the streams with streams receiving the highest score(s) receiving attention first. Ultimate inclusion into the system will be through agency and legislative processes.B. BIOLOGICAL CRITERIA: Mississippi enjoys a rich heritage of flora and fauna associated with stream ecosystems. For measurement and comparative purposes, the biological status of Mississippi streams can be categorized by professional freshwater biologists experienced with the state's aquatic fauna and their supporting ecosystems. The biological status of a stream can be based upon available historical information, recent information and personal experience. Streams are assigned one of four ratings based on consensus of two or more professional freshwater biologists designated by the state:
1. Superior - Known to support high aquatic species diversity AND endangered or threatened species or species of concern.2. Significant - Known to support high aquatic species diversity OR endangered or threatened species or species of concern.3. Viable - Known to support a viable aquatic plant and animal community including exploitable fishery resources.4. Non-viable or unknown - Very low aquatic species diversity, OR aquatic plant and animal community obviously degraded, stressed by environmental perturbation OR there is insufficient information on the system OR lack of consensus by biologists conducting the evaluation.C. PHYSICAL CRITERIA: Stream ecosystem functioning and aesthetic qualities from human perspective are determined to a large degree by physical features. In this regard there are three integrated components: (t) watershed and/or floodplain, depending on stream type, (2) riparian (stream side) zones, and (3) channel(s). Connectivity among these components is critical to biological interactions with stream environments and to human recreational activities (e.g., canoeing, boating, swimming, fishing, camping, hunting) associated with streams. Special interest features (e.g., waterfalls, natural meanders and access to backwater locations, bluffs, sand and/or gravel bars, large trees) should be noted and given consideration. The physical status of Mississippi streams can be categorized by the biological team (mentioned above) in conjunction with a state-employed specialist experienced in development of state parks and recreational areas. Streams are assigned one of four ratings based on consensus of team members:
1. Superior - Unaltered channel, relatively stable, undisturbed stream banks (minimum average width per linear mile of stream channel is 100 feet on both banks) with mature growth woody vegetation of characteristic riparian flora (e.g., tupelo gum, cypress, river birch); at least 35% of the watershed forested or, if a floodplain river ecosystem, maintains connectivity with its floodplain (i.e., at least 35% of the floodplain subject to overbank flooding at least once every two years) OR contains physical features of special interest.2. Significant - Channel not altered within last 5 years. Undisturbed, or moderately disturbed stream banks (minimum average width per linear mile of stream channel is 50 feet on both banks), but stable with vigorous regenerating vegetative growth; 1015% of watershed forested or, if a floodplain river ecosystem, at least 15% of the floodplain subject to overbank flooding at least once every two years.3. Protective - Channel not altered within last 5 years. Stream banks relatively stable but moderately disturbed (minimum average width per linear mile of stream channel is 35 feet on both banks) and with patchy, regenerating vegetative growth. Watershed with highly fragmented forests or, if a floodplain river ecosystem, at least 15% of the floodplain subject to overbank flooding at least once every five years.4. Poor - Channel altered within last 5 years OR lack of consensus by members of the evaluation team.D. HUMAN INTERACTION CRITERIA: The Scenic Streams Stewardship Program for Mississippi should help link persons to their cultural heritage through interactions with stream resources. Interactions can be consumptive (e.g., fishing), non-consumptive (e.g., swimming, canoeing, camping), or founded on aesthetics. A spectrum of human value systems regarding streams precludes implementation of precise definition. There are, however, two broad categories that should be evaluated by a team composed of biologists, recreation specialists and environmental (i.e. water) quality) professionals: water quality and public use.
1. Water Quality (Criteria adapted from those used by the Mississippi Department of Environmental Quality)2. Uses - Public Water Supply (PWS), Recreation (REC), Fish and Wildlife (FW)3. Support of Use: a. Fullv Supporting: i. PWS - No drinking water source restrictions or advisories, and no waters requiring more than conventional treatment.ii. REC - No bathing area closures or restrictions in effect during reporting period; OR not more than 10% of the fecal coliform samples examined during the last six years exceed a density of 400 pr 100 ml.iii. FW - No fish consumption restrictions or bans are in effect. Criterion exceeded in 10% or less of measurements for anyone physical or chemical pollutant or stressor; OR reliable data indicate functioning, sustainable biological communities (flora and fauna) none of which has been modified beyond the natural range of the reference condition.b. Partially Supporting:i. PWS - Public water supply provided by the stream requires more than conventional treatment due to contaminant concentrations in source water.ii. REC - On average, one bathing area closure per year of less than one week's duration; OR fecal coliform exceed 400 per 100 ml in more than 10% of the samples examined.iii. FW - Waters used for fishing, but listed currently by the Mississippi Department of Environmental Quality as having a "restricted consumption" advisory. Criterion for anyone physical or chemical pol1utant or stressor for which a state numerical water quality standard exists is exceeded in 11-25% of the measurements; OR at least one biological assemblage (e.g., fish, macro-invertebrates, or algae) indicates less than full support with moderate modification of the biological community noted.c. Not Supporting: i. PWS - One or more contamination-based closures of a drinking water source.ii. REC - On average, one bathing area closure per year of more than one week's duration; OR more than one area closure per year or fecal coliform exceed 2000 per 100 ml in more than 10% of the samples examined.iii. FW - Waters used for fishing, but currently listed by the Commission on Environmental Quality as having a "no consumption" advisory; or a "commercial fishing" ban. Criterion for anyone physical or chemical pol1utant or stressor for which a state numerical water quality standard exists is exceeded in more than 25% of the measurements; OR at least one biological assemblage (e.g., fish, macroinvertebrates, or algae) indicates non-support with severe modification of the biological community noted.4. Note: POSTED WATERS: Surface waters may be officially posted for a number of reasons to protect the health and welfare of the public. These reasons include fish consumption advisories; commercial fishing bans; contact recreation restrictions or bans; and closures of public water supply sources. Support of Use score will be reduced by 50% for the presence of one or more postings formally adopted for a stream.E. Level of Confidence in Degree of Use Support1. Extensive Amount of Monitoring Dataa. PWS - An assessment based on ambient monitoring data collected from "source water" very near a public water supply system intake, and sufficient to determine the presence of Safe Drinking Water Act contaminants. Finished water monitoring data is also reviewed.b. REC - An assessment based on monitoring data collected two to three times a week annually or during key seasons.c. FW - An assessment based on the analysis of multiple sampling events for two consecutive years during the past five years for which fish tissues were analyzed for a comprehensive suite of parameters; OR physical and chemical data were collected over at least three of the last five years with sufficient frequency and parametric coverage to capture acute events, chronic conditions and all other potential physical and chemical impacts. Sediment quality may also have been monitored. In addition, toxicant sampling is included, as well as water column and sediment toxicity; OR biological data are derived from direct biological and habitat measures during key seasons of the year using an eco-regional reference condition approach and two organism groups (e.g., aquatic insects and fish).2. Moderate Amount of Monitoring Dataa. PWS - An assessment based on "finished water" monitoring data and sufficient ambient monitoring data collected from "source water" to determine the likely presence of Safe Drinking Water Act contaminants. The ambient monitoring is not necessarily in close proximity to a public water system intake.b. REC - An assessment based on monitoring data from at least monthly visits to a site during a minimum of a two-year period. An intensive bacteriological survey with many samples collected over a period of a few days would also be in this assessment level.c. FW - An assessment based on the analysis of multiple sampling events during the past five years (not necessarily consecutive) for which fish tissues were analyzed for a selected suite of parameters.d. Physical and chemical data were collected over at least three of the last five years with sufficient frequency and parametric coverage to capture acute events and most potential physical and chemical impacts and includes toxicant sampling and/or toxicity sampling as appropriate. Biological data are derived from direct biological and habitat measures during key seasons of the year.3. Limited Amount of Monitoring Dataa. PWS - An assessment based on "finished water" monitoring data. Ambient monitoring data collected from "source water" are limited and mayor may not be in close proximity to the public water system intake.b. REC - An assessment based on monitoring data from multiple visits to a site for less than a two-year period. The multiple visits generally occur less often than monthly or are part of a limited special study.c. FW - An assessment based on the analysis of one sampling event during the past five years for which fish tissues were analyzed for a single parameter or a limited suite of parameters.d. Physical and chemical data, while routinely collected, are limited in frequency or period of record to critical periods of the year, or to short term special studies; but include toxicant sampling and or toxicity testing as appropriate. Biological data are derived from limited screening level information.4. Scoring: Overall Water Quality Score = (USE + DEGREE) x (CONFIDENCE) Where: USE is the Designated Use, DEGREE is the degree of Use Support, and CONFIDENCE is the level of Confidence in the Use Support determination.F. Public Use 1. Criteria Economics, Access, Navigability, Sensory, Fishing, Camping.2. Evaluation.a. Economics: i. High - recreational activities support more than four privately owned recreational-based services (e.g., launching ramps, tackle stores, canoe rentals, camping areas).ii. Medium - recreational activities support two to four privately owned recreational-based services.iii. Low - recreational activities support less than two privately owned recreational- based services.b. Access: i. High - more than three access points which permit launching of small boats (less than or equal to 14 feet total length) or canoes.ii. Medium - two to three access points which may not permit launching of small boats or canoes.iii. Low - less than two access points which may not permit launching of small boats or canoes.c. Navigability: i. High - water depth and flow allow year round use by small boats or canoes and the stream is free from obstructions that completely block the stream channel.ii. Medium - water depth and flow may restrict year round use by small boats or canoes and the stream may possess some across-channel obstructions.iii. Low - water depth and flow only permit seasonal use by small boats or canoes and the stream possesses numerous obstructions, many of which completely block the stream channel.d. Sensory: i. Sight: (a) High - no visible signs of pollution or foreign discharges or materials.(b)Medium - few locations with visible signs of pollution or foreign discharges or materials.(c) Low - generally degraded by visible signs of pollution or foreign discharges or materials.ii. Sounds: (a) High - only occasional and intermittent noises from residential, recreational or rural roads, settlements and agricultural/forestry operations.(b) Medium-occasional highway, railroad, agricultural/ forestry operation noises and frequent residential or recreational noises.(c) Low - frequent noise of any type or occasional industrial or urban noises.iii. Odors: (a)High - no unnatural odors present.(b)Medium - occasional unnatural odors present, but they are not strong (e.g., industrial, residential, agricultural).(c) Low - unnatural odors occur often or a strong odor occurs at one or more locations. e. Fishing: i. High - Populations of sport and commercial fishes support or could support viable fisheries for more than 5 species.ii. Medium - Populations of sport and commercial fishes support or could support viable fisheries for two to five species.iii. Low - Populations of sport and commercial fishes support or could support viable fisheries for less than two species.f. Camping: (Note: Most overnight trips on streams incorporate linear distances of between 12 and 15 miles of stream channel.)i. High - More than six upland or sandbar campsites exist along stream sections appropriate for overnight trips by small boats or canoes OR at least one campsite every 2-3 miles.ii. Medium - Between three and six upland or sandbar campsites exist along stream sections appropriate in length for overnight trips by small boats or canoes OR at least one campsite every 4-5 miles.iii. Low - Fewer than three upland or sandbar campsites exist along stream sections appropriate in length for overnight trips by small boats or canoes OR fewer than one campsite every 4-5 miles.G. HISTORICAL CRITERIA: Mississippi has a rich and varied history with respect to its streams. The natural history of flora and fauna reveals dynamic interactions of these organisms with our stream ecosystems. Prior to European settlement, Native Americans tended to use streams as the focal points for their civilizations. European exploration and settlement utilized streams as the highways for commerce and conquest. All of these factors tend to leave their traces along our streams. Thus an important component of determining special status for streams in Mississippi rests within the realm of their historical significance and subsequently their ability to help us better know ourselves. Within each level of evaluation the three historical components are addressed: natural history, prehistoric, historic. These criteria should be evaluated by professional historians employed by the State of Mississippi.
1. Highly Significant - Natural history, prehistoric and/or historic features are known to exist in association with the stream.2. Important - There is a high to medium probability that natural history, prehistoric and/or historical features exist in association with the stream.3. Poor - There are no known features and the probability of them existing is low.Miss. Code Ann. §§ 49-1-29, 49-4-4, and 51-4-7.