Stellwagen Bank Final EIS and Management Plan 



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lightering within the boundaries of the Sanctuary. 

 While there is no firm information indicating that 

 Lightering presently occurs within the area of the 

 Sanctuary, and although any possible future 

 lightering activities occurring in this area would be 

 regulated by the Oil Pollution Act of 1990, it is not 

 likely that such activities would be directly 

 monitored by the U.S. Coast Guard, given their 

 distance from shore. 



Sanctuary regulation of lightering, via a 

 prohibition, would prevent any accidental spillage of 

 petroleum products resulting from this activity, 

 thereby providing better protection of Sanctuary 

 resources and qualities. A prohibition on hghtering 

 would also provide the opportunity, via Sanctuary 

 enforcement personnel, for an extended area of 

 observation to ensure that no potential threats to 

 the marine environment occur as a result of this 

 possible activity. 



11. Operation of Commercial Charterboats 



The licensing and operation of commercial 

 whalewatch and sportfishing vessels, like commercial 

 fishing vessels, are regxilated by existing authorities. 

 Licensing requirements will not be changed by 

 Sanctuary designation, nor will any existing 

 requirements or restrictions on vessel operations be 

 affected. Guidelines or regulations relating to vessel 

 operation in the vicinity of marine mammals apply 

 to all commercial fishing, commercial whalewatch, 

 and commercial sportfishing vessels, as well as to 

 recreational/private vessels. Those guidelines or 

 regulations also will not be affected by Sanctuary 

 designation. The Sanctuary staff wiU work closely 

 with commercial vessel captains through the New 

 England Fishery Management Council and other 

 appropriate entities such as charterboat associations, 

 to ensure vessel operators are fully informed about 

 applicable requirements for their activities within 

 the Sanctuary. 



a. No Regulation: The national whalewatching 

 vessel regulations currently being developed by 

 NMFS should provide mechanisms to ensure 

 protection for endangered and other whales in the 

 Sanctuary area from harassment by all vessel 

 operators. The Sanctuary staff will work closely 

 with NMFS managers to help ensure adequate 



enforcement of NMFS whalewatching regulations. 

 The Sanctuary Program may also be able to provide 

 assistance in NMFS (and other) efforts to inform 

 the user public about vessel operation in the vicinity 

 of whales. 



b. Identify the Activity as Subject to Sanctuary 

 Regulation: This is the preferred regulatory 

 alternative. NOAA recognizes that current NMFS 

 whalewatch guidelines are generally followed on a 

 voluntary basis by commercial whalewatch vessel 

 operators. Commercial sportfishing vessels are also 

 subject to current guidelines; however, as discussed 

 previously, the guidelines are not enforceable as 

 law. Therefore, real protection to marine mammals 

 is limited to the extent of voluntary compliance. 

 Additionally, there are currently no restrictions on 

 the number of whalewatch vessels operating in the 

 vicinity of marine mammals. Under the preferred 

 regulatory alternative, the Sanctuary staff will have 

 the necessary means to determine whether 

 regulations additional to the pending NMFS 

 whalewatch regulations are necessary. Additionally, 

 the Sanctuary staff will work closely with NMFS 

 personnel and whalewatch captains in making these 

 determinations. 



c. Regulation of Whalewatching and 

 Sportfishing Vessels: Promulgation of 

 whalewatching and sportfishing vessel regulations in 

 the Sanctuary would provide for protection of 

 whales within the Sanctuary boundaries, but would 

 £ilso create regulations somewhat duplicative to 

 currently pending NMFS whalewatch regulations. 

 Moreover, there is presently no firm documentation 

 that additional regulations are necessary. 



12. Operation of Recreational Vessels 



a. No Regulation: Under this regulatory 

 alternative, existing authorities affecting the 

 operation of recreational (non-comroercial) vessels 

 would be relied upon for the protection of marine 

 mammals from harassment and/or collisions. 

 Those authorities include regulations implementing 

 the Endangered Species Act and the Marine 

 Mammal Protection Act. Whalewatch guidelines 

 for vessel operators in the Gulf of Maine would also 

 continue to apply to recreational vessels (although 

 those guidelines are not enforceable), until such 



