Stellwagen Bank FEIS/MP Appendices Page A8 



(ii) traditional fishing operations; or 

 (iii) installation of navigation aids. 



(5) Moving, removing, or injuring, or attempting to move, remove, or injure, a Sanctuary historical 

 resource. This prohibition does not apply to moving, removing, or injury resulting incidentally from 

 traditional fishing operations. 



(6) Taking any marine reptile, marine mammal, or seabird in or above the Sanctuary, except as permitted 

 by regulations, as amended, promulgated under the Marine Mammal Protection Act, as amended, (MMPA), 

 16 U.S.C. 1361 et seg., the Endangered Species Act, as amended, (ESA), 16 U.S.C. 1531 et^ea., and the 

 Migratory Bird Treaty Act, as amended, (MBTA), 16 U.S.C. 703 etjeg. 



(7) Lightering in the Sanctuary. 



(8) Possessing within the Sanctuary (regardless of where taken, moved or removed from), except as 

 necessary for vahd law enforcement purposes, any historical resource, or any marine mammal, marine 

 reptile or seabird taken in violation of regulations, as amended, promulgated imder the MMPA, ESA, or 

 MBTA. 



(9) Interfering with, obstructing, delaying or preventing an investigation, search, seizure or disposition of 

 seized property in connection with enforcement of the Act or any regulation or permit issued under the Act. 



(b) The regulations m this Part shall be apphed to foreign persons and foreign vessels in accordance with 

 generally recognized principles of international law, and in accordance with treaties, conventions and other 

 international agreements to which the United States is a party. 



(c) The prohibitions in paragraphs (a)(l)-(2) and (4)-(9) of this § 940.5 do not apply to any activity 

 necessary to respond to an emergency threatening life, property, or the environment. 



(d)(1) All Department of Defense miUtary activities shall be carried out m a manner that avoids to the 

 maximum extent practicable any adverse impacts on Sanctuary resources and qualities. Department of 

 Defense military activities may be exempted from the prohibitions in paragraphs (a)(l)-(2) and (4)-(8) of 

 this § 9403 by the Director or designee after consultation between the Director or designee and the 

 Department of Defense. If it is determined that an activity may be carried out, such activity shall be carried 

 out in a manner that avoids to the maximum extent practicable any adverse impacts on Sanctuary resources 

 and quaUties. Civil engineering and other civil works projects conducted by the U.S. Army Corps of 

 Engineers are excluded from the scope of this paragraph (d)(1). 



(2) In the event of threatened or actual destruction of, loss of, or injury to a Sanctuiiry resource or quality 

 resulting from an untoward incident, including but not limited to spills and groundings caused by the 

 Department of Defense, the Department of Defense shall promptly coordinate with the Director or designee 

 for the purpose of taking appropriate actions to respond to and mitigate the harm and, if possible, restore 

 or replace the Sanctuary resource or quaUty. 



(e) The prohibitions in paragraphs (a)(l)-(2) and (4)-(8) do not apply to any activity executed in 

 accordance with the scope, purpose, terms, and conditions of a National Marine Sanctuary permit issued 

 pursuant to § 940.9 or a Special Use permit issued pursuant to Section 310 of the Act. 



(f) The prohibitions in paragraph (a)(l)-(2) and (4)-(8) do not apply to any activity authorized by a valid 



