*  DIFW states that its Watch List species are "typical" of similar areas on the Maine Coast*
This statement seems at odds with the criteria for a species to appear on the "Watch List."  If this is true, perhaps the Watch Liot should be revised to reflect tho fact that thesa species are more abundant than a "Watch List" listing would imply.
*  difw agrees that the "project will directly impact the productivity of the areas altered by the proposal, as well as aitea adjacent to these areas."  However, difw states that indirect impacts are "speculative."
There' ia abundant literature relating to habitat fragmentation, noise impact®, water quality degradation, predation, etc. on wildlife species.  While the exact dimensions of the impact (e.g., the outer limits of noiae impacts) cannot be defined with certainty, it is simply not credible to imply that the impacts described in the Evaluation might not occur.
*  difw appears to consider the welfare of a species (e.g., whether a single project would cause the outright loss of a species either locally or regionally) as the appropriate standard to judge the acceptability of environmental impact,
such a standard would be wholly inappropriate both as a matter of sound environmental policy and law.   Since a single project rarely, if ever, has such a widespread effect/ the result of judging projects in this fashion would be to remove any meaningful federal protection for aquatic wildlife.  The Section 404(b)(l) regulations instruct us to consider cumulative impacts, and to loolc at adverse impacts to ecosystem diversity, productivity and stability as we have done in our review of the sears Island proposal.
*  difw suggests & variety of mitigation measures that would be "adequate" tor the proposed impacts associated with the sears island terminal, including preservation of existing wetlands and research.
The state mitigation standards as articulated by DIFW differ from the federal requiremente; as explained in the Evaluation, the mitigation suggested thus far would not offset the impacts below the level of significance such that a pennit could issue.