Stellwagen Bank Final EIS and Management Plan 



Page 110 



Existing discharge or deposit activities being 

 conducted pursuant to valid permits executed prior 

 to the effective date of these Sanctuary regulations 

 would be excluded from this prohibition. Such 

 discharges or deposits would be allowed, subject to 

 all prohibitions, restrictions, and conditions imposed 

 by any other valid authority, as well as to all 

 prohibitions, restrictions, or conditions imposed by 

 applicable regulations, permits, licenses or other 

 authorizations and consistency reviews issued by the 

 appropriate authority. However, pursuant to the 

 provisions of Title III of MPRSA, NOAA also may 

 regulate the exercise of these existing permits 

 consistent with the purposes for which the Sanctuary 

 is designated. 



NOAA may certify permits issued by other 

 authorities for activities which are otherwise 

 prohibited by Sanctuary regulations, such as 

 discharges occurring outside Sanctuary boundaries 

 which enter and harm a Sanctuary resource or 

 quality. NOAA may deny certification or require 

 additional conditions necessary to protect Sanctuary 

 resources, or to achieve other Sanctuary 

 management objectives. In all cases, NOAA will 

 consult with the relevant authority over the activity 

 and provide scientific information concerning 

 Sanctuary resources to the existing regulatory 

 authority. NOAA will cooperate with the existing 

 authorities to formalize the consultative and 

 management roles of the Sanctuary. To facilitate 

 such coordination, memoranda of understanding 

 and/or protocol agreements may be developed. 



Individual Discharge or Disposal Activities 



a. Dredged Materials Disposal 



Alternatives dealing with the regulation of 

 dredged materials disposal within the Sanctuary are 

 discussed below. These alternatives have been 

 developed under the premise that permitted 

 disposal of dredged materials will occur at an 

 MBDS designated by EPA at a location outside , but 

 in close proximity to, the Sanctuary boundary. 



1) No Sanctuary Regulation: Under this 

 alternative, disposal of dredged materials would not 

 be an activity regulated by the Sanctuary. Disposal 

 activities could continue, pursuant to the jurisdiction 



of existing applicable Federal (Title I of the 

 MPRSA) and State authorities. The selection of 

 this alternative would be made under the 

 presumption that those existing authorities are 

 entirely adequate to protect Sanctueuy resources. 



2) Disposal is Prohibited Throughout the 

 Sanctuary: Under this alternative, disposal of 

 dredged materials would be prohibited in all areas 

 of the Sanctuary. The selection of this alternative is 

 made under the presumption that dredged materials 

 disposal activity within the Sanctuary may destroy, 

 cause the loss of, and/or injure Sanctuary resources 

 or quahties, and is generally inconsistent with the 

 purposes for which the Sanctuary is designated. 



3) Disposal Allowed at MBDS but Prohibited 

 Throughout Sanctuary: This is the preferred 

 alternative. Under this alternative, disposal of 

 dredged materials would continue at the MBDS 

 pursuant to Titles I and III of the MPRSA and their 

 implementing regulations. Current studies indicate 

 that no dredged materials have entered and injured 

 resources within the Sanctuary. However, NOAA 

 would review disposal permit applications involving 

 the uses of the MBDS to confirm that such use 

 does not conflict with the purposes for which the 

 Sanctuary was designated. Disposal of dredged 

 materials anywhere within the Sanctuary boundary 

 would be prohibited. 



Selection of the Preferred Alternative: Principal 

 reasons for the selection of the preferred alternative 

 (disposal allowed at MBDS but prohibited 

 throughout the Sanctuary) are discussed below. 



Regulations at 40 CFR § 228.10 provide 

 special consideration of the effects of disposal 

 activities on nearby National Mjuine Sanctuaries. 

 Listed as 'Sensitive areas "in the Ocean Dumping 

 Regulations, National Marine Sanctuaries are 

 identified as areas 'Where natural resources are 

 likely to be adversely affected by ocean disposal" 

 (EPA, 1986). 



However, if the disposal activity is outside the 

 Sanctuary boundary, regulation of the activity by 

 NOAA may only occur when it is determined by 

 NOAA that this material has entered the Sanctuary 

 and injured a Sanctuary resource or quality. 



