Stellwagen Bank Final EIS and Management Plan 



Page 120 



conducted pursuant to a Sanctuary permit, or 

 otherwise permitted under the MMPA, ESA, 

 or the MBTA. 



Marine mammals taken incidentally to 

 commercial fishing activities would continue to be 

 exempted from this prohibition, pending any 

 alteration of the current § 114 of the MMPA. 

 NOAA enforcement personnel would continue to 

 consider taking (or harassment) cases occurring in 

 the Sanctuary within the same context they are now 

 considered cmd reviewed under the Marine Memimal 

 Protection Act and the Endangered Species Act. 

 Taking of these species would only be authorized 

 within the Sanctuary if the activities were conducted 

 pursuant to vaUd permits issued by the National 

 Marine Fisheries Service or the Fish and Wildlife 

 Service, or other managing agencies, including 

 special use permits issued by the Sanctuary. The 

 preferred regulation would overlap to some extent 

 with the MMPA, ESA, and the MBTA, but would 

 also extend protection to species not covered by 

 either of those statutes. The regulation 

 demonstrates the intent of the MPRSA to protect 

 Sanctuary resources on a holistic, or system-wide 

 basis. The preferred regulatory alternative would 

 provide such protection by effectively including all 

 seabirds, marine reptiles, and marine mammals in 

 the Sanctuary. 



8. Offshore Hydrocarbon Development 



a. No Regulation: Under the alternative of 

 no regulation, the Sanctuary S resource protection 

 regime would rely on provisions of the Outer 

 Continental Shelf Lands Act (OCSLA), as 

 administered by the Department of the Interior, 

 through the Outer Continental Shelf (OCS) Oil and 

 Gas Five- Year Leasmg Program, and other DOI 

 programs developed to implement the ActS 

 provisions; the regulatory and management 

 framework of the Sanctuary; and other existing 

 Federal statutes to provide adequate protection for 

 Sanctuary resoiuces. Such other existing Federal 

 statutes include, for instance, the provisions of the 

 Marine Mammal Protection Act and the 

 Endangered Species Act, which provide protection 

 for certain marine species. 



Although no leasing of OCS tracts is currently 



permitted for areas within the Sanctuary until the 

 year 2000, the Five- Year OCS Leasing Program 

 may, following the expiration of the moratorium, 

 offer tracts in the area of the Sanctuary for 

 development of oil and gas resources. However, 

 results of exploratory drilling in this general area 

 have not indicated hydrocarbon reserves of 

 sufficient quantities to warrant significant industry 

 interest in exploitation of the Stellwagen Bank area. 



Under the provisions of the Outer Continental 

 Shelf Lands Act and the National Environmental 

 Policy Act, thorough environmental review and the 

 opportunity for pubhc comment must occur prior to 

 any hydrocarbon development activities. If in the 

 future, areas within the Sanctuary are offered for 

 lease for hydrocarbon development and production 

 activities, NOAA has the authority to certify and 

 condition, or to deny such certification as necessary, 

 permits or other authorizations granted to operators 

 (lessees or contractors) by other authorities for 

 activities within the Sanctuary which are otherwise 

 prohibited by Sanctuary regulation. Such conditions 

 may include, but are not Umited to, estabhshment of 

 a monitoring program and scientific studies to 

 assess £ind measure the effects of hydrocarbon 

 activities, and of restrictions on discharges, on 

 Sanctuary resources. Conditions imposed by NOAA 

 or other authorities' permits will be made in 

 consultation with those agencies and with the 

 permitees. 



Also, as with other activities, NOAA has the 

 authority to impose emergency restrictions 

 prohibiting any and all hydrocarbon activities (or 

 any other activities) within the Sanctuary to prevent 

 immediate, serious amd irreversible dsimage to a 

 Sanctuary resource or quaUty. In accordance with 

 Title III regulations, such emergency regulations 

 would remain in effect for not more than 120 days, 

 during which time permanent regulations may be 

 proposed by NOAA. 



b. Identify the Activity as Subject to Sanctuary 

 Regulation: This is the preferred regulatory 

 alternative. No regulation of offshore hydrocarbon 

 development activities is proposed at this time. 

 However, in the event of increased industry interest 

 in exploitation of the Stellwagen Bank area for oil 



