Stellwagen Bank Final EIS and Management Plan 



Page 122 



servicing offshore installations. The operation of 

 commercial vessels is currently controlled by 

 existing Coast Guard regulations. Under the 'ho 

 regulation" alternative, commercial vessels would 

 still be subject to the Sanctuary S regulations 

 relating to discharges. 



Under this alternative, the Sanctuary program 

 would work with existing agencies and authorities 

 recommending investigations into the level of 

 commercial vessel collisions with cetaceans to 

 determine the need for reducing vessel speeds 

 during seasons when cetaceans are present in the 

 area of the Sanctuary, or during other times which 

 may require reductions in speed, or other measures 

 necessary for the prevention of such coUisions. 



b. Identify the Activity as Subject to Sanctuary 

 Regulation: This is the preferred regulatory 

 alternative. NOAA beUeves there is insufficient 

 documentation presently available related to vessel 

 speed and collisions with cetaceans to justify the 

 imposition of speed limitations on commercial 

 vessels within the Sanctuary at this time. 



Further data are necess2U7 to determine the 

 level of vessel collisions with cetaceans and to make 

 soimd decisions regarding the protection of 

 Sanctuary resources, such as seasonal (or other) 

 restrictions on vessel speeds, or on other vessel 

 activities in the proximity of cetaceans within the 

 Sanctuary. The Sanctuary program will support 

 investigations into commercial vessel speeds and the 

 incidence of collisions with cetaceans. Investigations 

 into the feasibiUty of communicating real time 

 sighting data to commercial vessels in the Sanctuary 

 is also a possible area of Sanctuary support, as well 

 as enhancement of information available to 

 commercial shippers and the public on 

 vessel/cetacean interactions. 



If the results of such further investigations 

 demonstrate that current commercial vessel speeds 

 are causing harm to S2mctuary resources (i.e., 

 cetaceans), and that seasonal (or other) reductions 

 in commercial vessel speeds would significantly 

 reduce the level of harm, then the Sanctuary would 

 impose, through regulation, seasonal (or other) 

 restrictions on commercial vessel speeds through the 

 Sanctuary. Documentation of conflicts is required 



before a recommendation can be supported for 

 seasonal restrictions on commercial vessel speed. 

 Also, any proposed regulation affecting the 

 navigation of vessels on the high seas is subject to 

 endorsement by the International Maritime 

 Organization (IMO), before its application to 

 foreign vessels. 



c. Regulation of Commercial Vessels: Under 

 this alternative, reductions in commercial vessel 

 speed (or other restrictions) would be imposed 

 during seasons when endangered cetaceans are 

 present in the area of the Sanctuary. The 

 Sanctuary program would propose coordination of 

 Sanctuary enforcement personnel with National 

 Marine Fisheries Service agents and other cetacean 

 research organizations to provide enforcement of 

 this regulation. 



Although the immediate regulation of 

 commercial vessel speed may have some benefit on 

 endangered cetaceans in the Sanctuary, NOAA 

 beheves there currently is no firm evidence that 

 such regulation is necessary, or therefore 

 supportable. 



10. Lightering 



a. No Regulation: Under this regulatory 

 alternative, existing authorities affecting the at-sea, 

 ship-to-ship transfer of petroleum products would 

 continue in effect. Any Ughtering activities 

 occurring within the Sanctuary would be regiilated 

 via the Oil Pollution Control Act of 1990 (33 U.S.C. 

 § 2701). 



b. Identify the Activity as Subject to 

 Regulation: Lightering presently occurs in areas 

 closer to shore, e.g., within and just outside Boston 

 Harbor. There is no current information indicating 

 that Ughtering occurs in the area of the Sanctuary. 

 In the event that Ughtering activities may be pro- 

 posed to occur within the Sanctuary in the future, 

 NOAA will consider the need to regulate this 

 activity, to ensure the safety of Sanctuary resources 

 and qualities. 



c. Regulate the Activity: This is the preferred 

 regulatory alternative. Under this regulatory 

 alternative, NOAA would impose a prohibition on 



