Stellwagen Bank Final EIS and Management Plan 



Page 138 



importance of preserving these resources. 



NOAA may also seek to have identified 

 resources Usted on the National Register, under the 

 National Historic Preservation Act. Such listing 

 would make survey and other funding available from 

 the Heritage Conservation and Recreation Service 

 (Department of the Interior), to assist in 

 identification of resource distribution and 

 historical/cultural significance. Such Usting does 

 not, however, prevent removal or djimage of 

 historical or cultural resources by non-Federal 

 entities. Therefore, the proposed regulation will 

 protect these resources from disturbance and 

 damage. 



The environmental consequences of this 

 proposed prohibition will be beneficial to the 

 resources, and is not anticipated to affect other 

 existing activities in the Sanctuary. 



g. Taking of Marine Mammals. Marine 

 Reptiles, or Seabirds 



Taking of any marine mammal, marine reptile, 

 or seabird will be prohibited in the Sanctuary, 

 except for those marine mammals taken incidentally 

 to commercial fishing operations in accordance with 

 § 114 of the MMPA; those marine species taken by 

 permit issued under the Endangered Species Act 

 (ESA) or MMPA; or except for those seabirds 

 taken by permit issued under the Migratory Bird 

 Treaty Act (MBTA). 



All marine mammals are provided with some 

 protection from "taking" under provisions of the 

 Marine Mammal Protection Act, and threatened or 

 endangered marine mammal species are additionally 

 protected under the Endangered Species Act (ESA). 

 The ESA also protects marine reptiles (i.e., sea 

 turtles) from "taking", inasmuch as all species of sea 

 turtles are currently Usted as either threatened or 

 endangered. Migratory seabirds are generally 

 protected under the Migratory Bird Treaty Act; and 

 particular species hsted as either threatened or 

 endangered under the ESA, and also protected from 

 taking. 



Overall, these Acts only provide protection on 

 a case-by-case basis, without any particular 



consideration given to the species' role within an 

 ecosystem. The proposed prohibition is designed to 

 provide equal protection to all marine mammals, 

 marine reptiles, and seabirds, in recognition of their 

 importance and inter-relationships within the 

 Sanctuary. (Marine mammals taken incidentally to 

 commercial fishing operations would continue to be 

 exempted from this prohibition, pursuant to §114 of 

 the Marine Mammal Protection Act.) 



The environmental consequences of this 

 proposed regulation will be beneficial to the 

 Sanctuary's resources; and are not anticipated to 

 impose any economic or other hardships on 

 commercial users of the Sanctuary. 



h. Offshore Hydrocarbon Development 

 Activities 



The exploration for, development of, or 

 production of, offshore hydrocarbon resources will 

 be subject to Sanctuary regulation. No Sanctuary 

 regulation of this activity is proposed at this time. 

 Therefore, there are no environmental or socio- 

 economic consequences resulting from the Usting of 

 this activity as subject to Sanctuary regulation. 



If, in the future, industry interest in the 

 SteUwagen Bank area increases, and there is no 

 Congressional or other existing moratoriimi 

 precluding leasing of OCS tracts over the Bank, 

 then a regulatory means exists for determining 

 whether restrictions or a prohibition on hydrocarbon 

 activities should be put into place within the 

 Sanctuary's boundaries. 



The potential risks and adverse environmental 

 effects of oil and gas production include weU 

 blowouts; oil spills and pipeline leaks; noise and 

 visual disturbances; pollution from aquatic 

 discharges; and disruption from pipeline 

 construction. The biological resources of the 

 Stellwagen Bank system, in particular endangered 

 cetacean species, are vulnerable to the effects of oil 

 and gas activities. Indirectly, therefore, the 

 proposed potential for regulation wiU have 

 beneficial environmental effects on the Sanctuary 

 system, by ensuring the means for protection of its 

 resources if the need arises in the future. 



