Stellwagen Bank Final EIS and Management Plan 



Page 50 



In an effort to address these and other whale- 

 watch issues on a national basis, NMFS and the 

 Center for Marine Conservation co-sponsored a 

 workshop in November 1988 to review and evaluate 

 whale-watch programs and management needs, and 

 to provide recommendations to NMFS for possible 

 whalewatching regulations. 



Final panel recommendations resulting from that 

 workshop are: 



1. The primary focus of new regulations should be 

 minimum approach distances based on regional 

 considerations. 



2. Include in regulations restrictions on related 

 activities, including thrill craft, swimming and diving 

 with whales. 



3. The regulations should address behavior, such as 

 how to operate a vessel if a whale approaches the 

 vessel, as well as distances. 



4. The regulations should provide special 

 restrictions, as warranted, for particular areas, such 

 as feeding or calving grounds, or special situations 

 such as whale watching on mating pairs or cow/calf 

 pairs. 



5. The regulations should include a prohibition on 

 whale watching activities that involve the feeding of 

 wild populations of cetaceans. (Fed. Reg . Vol. 54, 

 No. 201, October 18, 1989) 



These recommendations have provided guidance 

 to NMFS in the formulation of proposed regulations 

 for whalewatching activities, whether conducted by 

 commercial or private boaters. Proposed national 

 whalewatching regulations are scheduled for 

 issuance for public review and comment in 1992. 

 During the 60-day public comment period, NMFS 

 will also conduct public hearings on the proposed 

 regulations. (M. Lorenz, NMFS, pers. comm., July 

 1991). The proposed regulations will address 

 primarily approach distances, speed, and 

 maneuvering by vessels operating in proximity to 

 marine mammals. A primary advantage to 

 promulgating regulations, rather than continuing 

 with guidelines, is that the regulations will be 

 enforceable, thus enabling NMFS and other 



managers to better carry out the provisions of the 

 MMPA and the ESA. 



An additional observation made by participants 

 in the 1988 Workshop and in public meetings 

 conducted by the NMFS Northeast Region in 

 December 1989 to discuss possible whalewatch 

 regulations, is the need to educate private boaters, 

 who are generally not famiUar with the provisions of 

 the MMPA and the ESA. 



b. SportFishing 



Sportfishing is a major commercial activity over 

 Stellwagen Bank and throughout Cape Cod Bay. 

 The activity may be categorized by three types of 

 commercial vessels: 



1. Party boats are usually 50 feet or longer and 

 carry 20 to 80 passengers, who pay a set fee for 

 their trip; 



2. Charter boats generally measure 25 to 30 feet, 

 and carry an average of 6 paying passengers; and 



3. Private rental boats measure 20 feet or longer, 

 and are used by individual anglers and their 

 associates. Commercial sportfishing vessels began 

 working the Stellwagen Bank area by the mid- 

 1970's, although a few party boats had initiated 

 recreational ground fishery operations by the late 

 1940's (T. Hill, 1990). Previous to the mid-1970's, 

 the recreational fishery was largely based in near- 

 coastal waters, within 3 or 4 miles of shore. 



Two factors occurring around 1976, however, 

 dramatically changed the number of recreational 

 vessels operating in the Stellwagen Bank vicinity. 

 The first was the decline in nearshore groundfish 

 stocks, which necessitated vessels moving farther 

 offshore to catch these species. By 1978, a dozen 

 party boats and several charter boats were regularly 

 fishing on Stellwagen Bank (Jarvis, 1990). During 

 prime groundfishing season, it is not unusual today 

 to see 15 to 20 party boats; 25 or 30 charter boats; 

 and up to 200 private rental boats fishing at the 

 Bank (Jarvis, 1990). 



The second factor causing large increases in the 

 number of recreational vessels working the Bank 



