Stellwagen Bank FEIS/MP Appendices Page A 7 



§ 940.4 Allowed activities. 



All activities except those prohibited by § 940.5 may be undertaken subject to any emergency regulations 

 promulgated pursuant to § 940.6, subject to all prohibitions, restrictions, and conditions validly imposed by any 

 other authority of competent jurisdiction, and subject to the liability established by Section 312 of the Act (see 

 § 940.8). 



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 or designee as more 

 protective of Sanctuary resources and qualities shall govern. 



Fishing activities are allowed and there are no fishing regulations under § 940.5. As required by § 304(a)(5) of 

 the Act, the appropriate Regional Fishery Management Council shall be provided with the opportunity to prepare 

 draft regulations applicable to fishing within the Sanctuary, and shall have the opportunity to incorporate sucii 

 regulations in any existing Fishery Management Plan and implementing regulations. The Secretary shall prepare 

 the fishing regulations in accordance with 15 CFR § 922.31, which implements the requirements for drafting 

 fishing regulations. 



§ 940.5 Prohibited activities. 



(a) Except as specified in paragraphs (c) through (g) of this § 940.5, the following activities are prohibited 

 and thus unlawful for any person to conduct or cause to be conducted: 



(1) Discharging or depositing, from within the boundary of the Sanctuary, any material or other matter 

 except: 



(i) fish, fish wastes, chumming materials or bait used in or resulting from traditional fishing operations 

 in the Sanctuary; 



(ii) biodegradable effluent incidental to vessel use and generated by marine sanitation devices approved 

 in accordance with Section 312 of the Federal Water Pollution Control Act, as amended, (FWPCA), 33 

 U.S.C. 1322 et seq.: 



(iii) water generated by routine vessel operations (e.g. . cooling water, deck wash down and graywater 

 as defined by Section 312 of the FWPCA) excluding oily wastes from bilge pumping; or 



(iv) engme exhaust. 



(2) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter, 

 except those listed in paragraph (a)(l)(i) - (iv) above, that subsequently enters the Sanctuary and injure?, 

 a Sanctuary resource or quality; 



(3) Exploring for, developing, or producing industrial materials in the Sanctuary; 



(4) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or 

 abandoning any structure or material or other matter on the seabed of the Sanctuary, except as an incidental 

 result of: 



(i) anchoring vessels; 



