Stellwagen Bank Final EIS and Management Plan 



Page 131 



boundaries. The activity does occur, however, in 

 entrance areas to Boston Harbor. Lightering 

 activities are currently subject to the provisions of 

 the Oil Pollution Control Act of 1990 (33 U.S.C. § 

 2701). 



Under the status quo alternative, lightering 

 activities would continue to be monitored on a 

 discretionary, as needed basis by the U.S. Coast 

 Guard. Some Ughtering activities would also likely 

 continue to occur without prior notification by 

 vessel operators to the Coast Guard's Marine Safety 

 Office. There is always some potential for 

 accidental spillage of petroleum products into areas 

 near or inside Sanctuary boundaries during ship-to- 

 ship transfer operations. In the absence of direct 

 monitoring by the Coast Guard, there is also a 

 potential for delay in spill response actions. 



Although the Ukelihood is remote, the status 

 quo alternative would result in the possibility for 

 accidental environmental damage to Sanctuary 

 resources and qualities resulting from spilled 

 petroleum products. 



k. Operation of Commercial Charterboats 



Under the status q uo alternative, the operation 

 of commercial charterboats would not be affected; 

 existing applicable Coast Guard regulations would 

 remain in effect. Currently, NMFS whalewatch 

 guidelines apply to all vessels, whether or not they 

 are engaged in commercial operations. Generally, 

 these guidelines are adhered to by the commercial 

 charterboat industry via voluntary compUance. 

 There have been some incidents of marine mammal 

 harassment; and they may inadvertently continue, 

 particularly if the number of whalewatch, 

 sportfishing, and other vessels whose activities focus 

 on Stellwagen Bank increases. NMFS intends to 

 propose enforceable national whalewatch 

 regulations during 1992. 



Environmental consequences of the status quo 

 alternative may be shghtly negative, given the lack 

 of enforceability of existing guidelines; the necessary 

 time involved in implementing enforceable 

 regulations; the realistic need to rely upon voluntary 

 compliance; and the lack of control over the 

 number of vessels (commercial or otherwise) 



operating in proximity to marine mammals. 



1. Operation of Recreational Vessels 



The status quo alternative would have no effect 

 on operation of recreational vessels. All vessels, 

 including recreational vessels, are subject to ciurent 

 NMFS whalewatch guidelines designed to minimize 

 harassment of marine mammals. However, 

 recreational vessel operators are more likely to be 

 unaware of these guidelines, and may therefore be 

 more likely to violate them. There have been 

 instances of smaller, recreational vessels harassing 

 marine mammals within the Sanctuary area. 



As is true with regard to the operation of 

 commercial vessels, the environmental consequences 

 of the status quo alternative may be shghtly 

 negative, for the same reasons cited for that activity. 



m. Installation or Placement of Submerged 

 Cables and Pipelines 



Under the status quo alternative, the placement 

 or installation of submerged cables or pipelines on 

 the seabed of the Sanctuary would be subject to 

 existing conditions imposed by current authorities. 

 These authorities may, depending upon various 

 circumstances, include § 404 of the Clean Water 

 Act. There would be no particular consideration 

 given to the possible effects of electrical 

 transmission cables or oil pipelines on Sanctuary 

 resoiu-ces or on fishing gear. 



Additionally, the presence of pipelines or 

 electrical transmission cables within the Sanctuary 

 would always present the possibihty of leaks, which 

 could cause localized injury or mortahty to benthic 

 organisms, and could also contaminate surrounding 

 waters. The environmental consequences of the 

 status quo alternative are thus potentially negative 

 on Sanctuary resources and quaUties. 



n. Fishing Activities 



Under the status quo alternative, fishing in the 

 Sanctuary would continue to be regulated by the 

 New England Fishery Management Council and the 

 National Marine Fisheries Service, through fishery 

 management plans developed for various fisheries. 



