Stellwagen Bank Final EIS and Management Plan 



Page 116 



interim Title I permits, NOAA may impose 

 Sanctuary regulation of this activity, to ensure the 

 protection of Sanctuary resources and qualities. 



c. Regulation of the Activity: This is the 

 preferred regulatory alternative. Under this 

 alternative, both the designation of incineration sites 

 and the permitting of any incineration activities 

 within the boundaries of the designated Sanctuary 

 would be prohibited. This alternative would prevent 

 any environmental harm to Sanctuary resources 

 which may result from incineration activities. 



Moreover, the preferred regulatory alternative 

 would conform to and reinforce existing regulatory 

 guidance currently foimd in Title I regarding the 

 designation of incineration sites. Those regulations 

 recognize the sensitivity of certain marine areas and 

 resources (such as those found within designated 

 marine sanctuaries) by requiring that incineration 

 sites be located in areas where the effects of 

 mcineration activities will not reach marine 

 S2uictuary boundaries. However, EPA has not 

 previously designated an incineration site in the area 

 of the Sanctuary; Title I S regulatory guidance has 

 therefore yet to be apphed with regard to this 

 specific type of designation. 



3. Offshore Industrial Materials Development 



Note to Reviewers : Pursuant to P.L. 102-587 

 (§2202(d)), the exploration for and mining of sand 

 and gravel and other minerals in the Sanctuary is 

 prohibited. This legislative mandate is consistent 

 the NOAAS preferred alternative, as described 

 below. 



a. No Sanctuary Regulation: There are no 

 ciurent proposals to initiate extraction activities for 

 industrial materials (i.e., sand and gravel resources) 

 piu-suant to the provisions of the OCSLA. The 

 Minerals Management Service, within DOI, has 

 identified Stellwagen Bank as a potential source for 

 these materials; however, substantial preliminary 

 exploratory activities would be necessary prior to 

 consideration of actual lease offerings by DOI. No 

 overall leasing plan has yet been developed by DOI 

 for development of industrial materials. Should 

 DOI develop such a plan and offer offshore areas 

 within the Sanctuary for sand and gravel extraction 



operations, NOAA would exercise the same 

 authorities for certification and conditioning of 

 leases as described later in this section, with respect 

 to offshore oil and gas leasing activities (see 

 following item #8, 'Offshore Hydrocarbon 

 Development'). 



Since only cursory assessment of offshore sand 

 and gravel resources has been made to date, 

 significant further exploration and delineation are 

 necessary prior to actual mining activities on 

 Stellwagen Bank. The MMS is developing an 

 overall, case-by-case leasing program in cooperation 

 with States, to match analysis and regulatory 

 controls with the wide variety of environmental and 

 operational issues associated with offshore mining. 

 Following issuance of any leases, the MMS would 

 require detailed exploratory eind site-specific mining 

 plans. Before commencement of operations, those 

 plans would have to be assessed in terms of both 

 long- and short-term environmental effects, 

 particularly on hving resources of the Bank, before 

 actual mining could proceed. 



b. Identify the Activity as Subject to Sanctuary 

 Regulation: Under this alternative, no regulation of 

 offshore sand and gravel mining would be proposed 

 at this time. In the event of the development of 

 actual proposals for sand and gravel extraction 

 activities (following MMSi implementation of a 

 leasing program for industrial materials under the 

 OCSLA), NOAA will impose Sanctuary regulation 

 of this activity, in order to make determinations of 

 measures necessary for the protection of Sanctuary 

 resources and qualities. 



Such regulation would require, at a minimum, 

 no initiation of activities to develop industrial 

 materials until thorough investigation and 

 assessment are made of the feasibility of conducting 

 sand and gravel extraction (and related) activities in 

 a manner which ensures the protection of Sanctuary 

 resoiuces and quaUties. 



It is possible that, based upon such 

 investigations and assessments. Sanctuary regulation 

 would result in a prohibition on all development 

 activities associated with the extraction of sand and 

 gravel (or other industrial materials) resources 

 within the Sanctuary. 



