Stellwagen Bank Final EIS and Management Plan 



Page 121 



and gas resources (following the expiration of the 

 current moratorium on leasing activities La the year 

 2000), NOAA will impose Sanctuary regulation of 

 this activity, in order to make determinations of 

 measures necessary for the protection of Sanctuary 

 resources and quaUties. 



At a minimum, such regulation would require 

 that no hydrocarbon development activities be 

 permitted within the Sanctuary before the 

 completion of thorough investigation into the 

 feasibility of conducting such development activities 

 in a manner which ensures no harm to Sanctuary 

 resources or quahties. 



At a maximum, such regulation would result in 

 a Sanctuary prohibition on development of 

 hydrocarbon resources within Sanctuary boundaries. 

 NOAA regulation of this activity would be 

 determined following a Sanctuary rulemaking 

 process, which includes opportunity for pubUc and 

 agency comment. 



c. Regulation of the Activity: Sanctuary 

 regulation of hydrocarbon development activities 

 would result in one of two possible options: permit 

 under certain conditions, or prohibit. 



1) Permit Under Certain Conditions: Under 

 the option of permitting hydrocarbon development 

 activities under certain conditions, a Sanctuary 

 regulation would be promulgated prohibiting oil and 

 gas activities within specified discrete areas within 

 the Sanctuary. Such areas could include identified 

 habitats over and around the Stellwagen Bank which 

 are especially fragile and vulnerable to the effects of 

 oil and gas development activities. If permitted 

 under Sanctuary regulation, such hydrocarbon 

 activities could be conducted only if executed with 

 discharge and/or monitoring requirements. 

 Monitoring requirements would be similar to the 

 following: 



Within specified areas of the Sanctuary, the 

 operator (lessee) is required to submit a 

 monitoring plan to assess the effects of oil and 

 gas exploration, development and operations 

 on the biotic communities of the Sanctuary. 

 Monitoring investigations are to be conducted 

 by qualified, independent scientific personnel. 



These personnel and all required equipment 

 must be available at the time of operations. 

 The monitoring team must submit its findings 

 to the Minerals Management Service Regional 

 Manager (RM) (North Atlantic OCS Office) 

 and to the SRD in accordamce with a pre- 

 established schedule. The fmdings must be 

 submitted immediately in case of imminent 

 danger to the biota of the Simctuary resulting 

 from drilling or other operations. If it is 

 determined by the RM, in consultation with 

 the SRD, that surface disposal of drilling fluids 

 presents no danger to the Sanctuary, no 

 further monitoring of that particular well or 

 platform is required. If, however, the 

 monitoring program indicates that the biota of 

 the Sanctuary are being harmed, or if there is 

 any likelihood that a particular well or 

 platform may cause harm to the biota of the 

 Sanctuary, the RM and SRD shall require 

 implementation of mitigating measures such 

 as: (1) the disposition of all drill cuttings and 

 fluids by barging, or by shunting the material 

 through a down pipe that terminates an 

 appropriate distance, but no more than 10 

 meters, from the bottom, or (2) other 

 appropriate operational restrictions. 



2. Prohibit: The biological resources of the 

 Stellwagen Bank system, especially endangered 

 northern right whales, humpback whales, fm whales, 

 and other cetaceans, pinnipeds, seabirds, marine 

 turtles, and commercially-important fisheries and 

 other fishes and invertebrates, are vulnerable to the 

 effects of oil and gas development activities. A 

 prohibition on oil and gas activities within the 

 Sanctuary S boundaries would provide permanent 

 protection to these and other resources. However, 

 because of the current moratorium on hydrocarbon 

 development activities in this area, such prohibition 

 is unnecessary at this time, and would result in 

 duplicative regulation. — -- _ 



9. Operation of Commercial Vessels 



a. No Regulation: The term 'tommercial 

 vessel "includes any vessel engaged in the trade of 

 carrying cargo, including but not limited to tankers 

 and other bulk carriers and barges, vessels used in 

 seismic surveys, and vessels engaged in the trade of 



