Stellwagen Bank Final EIS and Management Plan 



Page 96 



Department of the Interior; the U.S. Environmental 

 Protection Agency (EPA); the U.S. Army Corps of 

 Engineers (COE), of the U.S. Department of the 

 Defense; the Minerals Management Service (MMS), 

 of the U.S. Department of the Interior; and the 

 Coast Guard (USCG), of the U.S. Department of 

 Transportation. 



Commonwealth of Massachusetts agencies with 

 programs operating in the area of Stellwagen Bank 

 include: the Coastal Zone Management Office; the 

 Division of Marine Fisheries; and the Board of 

 Underwater Archaeological Resources. 



This section briefly reviews the responsibiUties 

 of these agencies in the Stellwagen Bank area. 

 Appendix B provides additional information. 



A. Federal Agencies 



The National Marine Fisheries Service 

 (NMFS) is responsible for the implementation and 

 enforcement of Fishery Management Plans (FMP i) 

 developed by the New England Regional Fishery 

 Management Council, pursuant to the Magnuson 

 Fishery Conservation and Management Act. The 

 CommonwejJth S Division of Mauine Fisheries also 

 enforces FMP S within three miles of the Common- 

 wealth S coastal baseline jurisdiction. 



NMFS is also responsible for implementation 

 of the Marine Mammal Protection Act and the 

 Endangered Species Act (ESA), as it is apphcable 

 to certain threatened or endangered marine species. 

 Responsibilities under the ESA are shared with the 

 U.S. Fish and Wildlife Service (FWS), of the U.S. 

 Department of the Interior. In the Stellwagen Bank 

 area, NMFS is responsible for the protection of 

 cetaceans, piimipeds, shortnose sturgeon, and sea 

 turtles. The FWS is responsible for the protection 

 of endangered or threatened bird species. 



The Environmental Protection Agency (EPA) 

 has regulatory responsibiUties for ocean disposal 

 activities, under the provisions of Title I of the 

 Marine Protection, Research and Sanctuaries Act of 

 1972 (also referred to as the Ocean Dumping Act). 

 Title I of MPRSA prohibits the transportation of 

 any materials from the United States for the 

 purpose of disposing them into the territorial sea, 



the contiguous zone, or the ocean beyond, without 

 a permit. EPA is responsible for the designation of 

 ocean disposd sites, issuance of certain permits and 

 oversight of COE permits for dumping dredged 

 materials. 



EPA is additionally mandated with 

 implementation of the provisions of the Clean 

 Water Act (CWA), notably the National Pollutant 

 Discharge Elimination System (NPDES), which 

 regulates, through permits, the discharge of 

 pollutants from point sources into navigable waters 

 of the United States, contiguous zone waters, and 

 ocean waters beyond. 



Finally, EPA is responsible for development of 

 the National Estuary Program (NEP), pursuant to 

 §320 of the Clean Water Act. The NEP recognizes 

 and designates estuaries of national significance, and 

 provides Federal monies for directed research 

 activities, in cooperation with States. Massachusetts 

 Bay was approved by EPA for inclusion in the NEP 

 in 1990. 



The Corps of Engineers (COE) issues permits, 

 based on EPA guidelines, for the disposal of 

 dredged matericds at EPA approved and designated 

 ocean disposal sites. The COE is also charged 

 under Title I with the responsibility for ocean 

 disposal site management, including the conduct of 

 monitoring studies on the environmental effects of 

 ocean disposal activities. 



Under Section 10 of the Rivers and Harbors 

 Act of 1899, the COE is charged with issuing 

 permits for any marine construction, excavation, or 

 fill activities in navigable waters of the United 

 States. Interference with navigation and adverse 

 effects on hving marine resources are among the 

 factors for which the Corps may deny issuance of 

 Section 10 permits. 



The Minerals Management Service (MMS) (of 

 the U.S. Department of the Interior), under the 

 Outer Continental Shelf Lands Act (OCSLA), has 

 overall authority for the management of activities 

 connected with exploration and development of 

 offshore oil and gas resources. This authority 

 includes enforcement of regulations implementing 

 the OCSLA, and stipulations applied to individual 



