Stellwagen Bank Final EIS and Management Plan 



Page 119 



b. Identify the Activity as Subject to 

 Regulation: This is the preferred regulatory 

 alternative. Currently, there is no proposed under 

 consideration for the establishment of a mariculture 

 facility and operation within, or nearby, the 

 Sanctuary boundary. Given the concerns previously 

 raised regarding structure stabiUty, the proximity of 

 vessel traffic lanes, the proximity to Department of 

 Navy air and sea operations, possible entanglement 

 or other harm to marine mammals and seabirds, 

 water quaUty issues, and private commercial use of 

 Federal waters, as well as current COE guidance 

 related to the siting of fish pen operations, it is 

 unlikely that any maricultiue proposal directly 

 involving Sanctuary waters will be proposed in the 

 future. However, in the event of a future proposal 

 for the establishment of a mariculture operation 

 within the Sanctuary boundary, NOAA will 

 determine, \aa a rule-mciking process, the necessity 

 for a prohibition or other restriction on such 

 activity. 



c. Prohibit Mariculture Operations Within the 

 Sanctuary. A prohibition on the placement and 

 operation of a commercial fish-rearing faciUty 

 within the boundaries of the Sanctuary would ensure 

 the prevention of any marine mammal (endangered 

 or otherwise), seabird, or other living resource 

 confUct with fish pens. A prohibition would also 

 prevent any possible adverse impacts on Uving or 

 non-living resources which might result from the 

 deposit of large amounts of fish feed into the 

 marine environment. Finally, a prohibition on this 

 activity within the Sanctuary affirms one of the 

 Sanctuary S objectives, which is public use consistent 

 with the overall Program goal of resource 

 protection. 



6. Removing. Taking or Injuring Historical 

 or Cultural Resources 



a. No Sanctuary Regulation: Under this 

 alternative, all cultural and historical resources 

 would remain protected under the existing 

 management regime. Any historical or cultural 

 resources within the Sanctuary, notably those 

 eUgible for listing on the National Register under 

 the National Historic Preservation Act, would be 

 carefully monitored by Sanctuary staff, once such 

 designation is made. Additionally, any future 



activity leading to the discovery or finding of 

 cultural or historical resources would be carefully 

 monitored and any regulations or management 

 actions necessary for the protection of those 

 resources would be decided on a case-by-case basis. 

 The Sanctuary would ensure that information is 

 made available regarding the national significance of 

 such resources, and that appropriate management 

 measures are implemented. 



b. Prohibit the Removal, Taking, or Injuring 

 of Historical or Cultural Resources: This is the 

 preferred regulatory alternative. A prohibition 

 provides the means necessary to protect and 

 manage any historical and/or culturiil resources that 

 may be in the Sanctuary, particularly until an 

 inventory can be performed to document the 

 presence of such resources. Under this alternative, 

 a prohibition on removing, taking, or injuring, or 

 attempting to take, remove, or injure historical 

 and/or cultural resources would apply throughout 

 the Sanctuary. NOAA intends to conduct an 

 inventory of historical/cultural resources, following 

 SanctUEiry designation, to determine whether any 

 such resources are eUgible for listing on the 

 National Register. 



7. Taking of Marine Reptiles. Marine 

 Mammals, and Seabirds 



a. No Regulation: Under this alternative, 

 protection would continue to be provided to marine 

 mammals generally, under the Marine Mammal 

 Protection Act (MMPA); to certain species of 

 marine mammals, seabirds, and marine reptiles 

 protected under the Endangered Species Act 

 (ESA); and to migratory seabirds generally imder 

 the Migratory Bird Treaty Act (MBTA). Marine 

 reptiles, marine mammals, and seabirds would 

 continue to be protected on a species-by-species and 

 case-by-case basis, without particular consideration 

 of the importance of their role within this 

 ecosystem. 



b. Prohibit Taking Marine Reptiles, Marine 

 Mammals, and Seabirds: This is the preferred 

 regulatory alternative. This provision would 

 prohibit taking (including harassment) activities 

 involving marine reptiles (sea txutles), marine 

 mammals, and seabirds in the Sanctuary, unless 



