Stellwagen Bank FEIS/MP Appendices Page A3 



g. Transferring of petroleum-based products or materials from vessel-to-vessel or "lightering", in the 

 Sanctuary, 



h. Operation of a vessel (Le, water craft of any description capable of being used as a means of 

 transportation) in the Sanctuary; 



i. Possessing within the Sanctuary a Sanctuary resource or any other resource, regardless of where taken, 

 removed, moved, caught, collected or harvested, that, if it had been found within the Sanctuary, would 

 be a Sanctuary resource; 



j. 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. 



Section 2. Emergencies 



Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or 

 quality; or minimize the imminent risk of such destruction, loss or injury, any activity, including those not listed 

 in Section 1 of this Article , is subject to immediate temporary regulation, including prohibition. 



Article V. Effect on Leases. Permits. Licenses, and Rights 



If any valid regulation issued by any Federal, State or local authority of competent jurisdiction, regardless 

 of when issued, conflicts with a Sanctuary regulation, the regulation deemed by the Director, Office of Ocean 

 and Coastal Resource Management, National Oceanic and Atmospheric Administration, or his or her designee 

 to be more protective of Sanctuary resources and qualities shall govern. 



Pursuant to section 304(c)(1) of the Act, 16 U.S.C. § 1434(c)(1), no valid lease, permit, license, approval 

 or other authorization issued by any Federal, State or local authority of competent jurisdiction, or any right of 

 subsistence use or access, may be terminated by the Secretary of Commerce, or his or her designee, as a result 

 of this designation, or as a resuh of any Sanctuary regulation, if such authorization or right was in existence on 

 the effective date of this designation. However, the Secretary of Commerce, or designee, may regulate the 

 exercise (mcluding, but not limited to, the imposition of terms and conditions) of such authorization or right 

 consistent with the purposes for which the Sanctuary is designated. 



In no event may the Secretary or designee issue a permit authorizing, or otherwise approving: (1) the 

 exploration for, development of, or production of industrial materials within the Sanctuary; or (2) the disposal 

 of dredged material within the Sanctuary (except by a certification, pursuant to Section 940.10, of vahd 

 authorizations in existence on the effective date of Sanctuary designation). Any purported authorizations issued 

 by other authorities after the effective date of Sanctuary designation for any of these activities within the 

 Sanctuary shall be invalid. 



Article VI. Alteration of this Designation 



The terms of designation, as defmed under Section 304(a) of the Act, may be modified only by the 

 procedures outlined in section 304(a) of the MPRSA, including public hearings, consultation with interested 

 Federal, State, and local agencies, review by the appropriate Congressional committees, and Governor of the 

 Commonwealth of Massachusetts, and approval by the Secretary of Commerce or designee. 



