Stellwagen Bank FEIS/MP Appendices 



Page G4 



B. SANCTUARY BOUNDARY 



1. Alternatives/Extensions 



A large number of commenters supported 

 designation of boundary alternative 3 (encompassing 

 approximately 702 square nautical miles), over 

 boundary alternative 2, identified as the preferred 

 alternative in the DEIS/MP. Primary among the 

 reasons stated for this position were the desire to: 

 a) provide the largest area possible for the 

 protection of whales; and b) encompass and control 

 the activities of the Massachusetts Bay Disposal Site 

 (MBDS). 



Many commenters also supported boundary 

 alternative 3 because it would include Tillies Bank 

 (northeast of Stellwagen Bank), and southern 

 portions of Jeffreys Ledge (north of Stellwagen 

 Bank). These areas are also utilized by fishermen 

 and cetaceans. 



NOAA Response : Section 2202 of NMSAA 

 established the boundary for the Stellwagen Bank 

 Naional Marine Sanctuary. Prior to that enactment, 

 NOAA gave careful consideration to the potential 

 advantages and disadvantages of adopting boundary 

 alternative 3 for Sanctuary designation. The several 

 facets of this consideration have been guided by the 

 overall purpose of national marine sanctuary 

 designation: to provide a comprehensive and 

 integrated long-term management program for the 

 Stellwagen Bank area, in order to ensure the 

 continued vitality of the site's conservation, 

 recreational, ecological, historical, research, 

 educational, and esthetic values. The Sanctuary 

 management plan is designed to protect the habitats 

 and ecosystems which collectively make this area 

 nationally significant. Sanctuary boundaries, 

 therefore, should not be determined on the basis of 

 single or limited benefits. 



Boundary alternative 3 includes additional important 

 habitat areas for cetaceans, fish and invertebrates. 

 These habitat areas are also important to 

 commercial and recreational fishermen and 

 whalewatchers. An additional feature of the 

 boundary alternative 3 configuration is the increased 

 potential for close coordination between NOAA and 

 the Commonwealth of Massachusetts' Ocean 



Sanctuaries Program toward the common objective 

 of comprehensive coastal ocean management and 

 planning. 



During its consideration of boundary alternatives. 

 NOAA also determined that the disposal of dredged 

 materials within a national marine sanctuary h 

 essentially incompatible with the purposes of 

 Sanctuary designation and MPRSA pohcy. (See 

 additional discussion following NOAA response 

 regarding disposal activities at the MBDS.) The 

 MBDS will be regulated by EPA and the Army 

 Corps of Engineers (COE). 



Under EPA regulations, the presence of a 

 designated national marine sanctuary in close 

 proximity to an existing disposal site requires a 

 higher level of research and monitoring to prevenl 

 harm to Sanctuary resources. NOAA will cooperate 

 with EPA and COE to prevent harm to Sanctuary 

 resources and qualities through existing permit 

 processes. In addition. Section 2202 of NMSPAA 

 requires EPA and COE to consult with the 

 Secretary of Commerce regarding proposed disposal 

 activities prior to the issuance of disposal permits. 

 Thus, NOAA has authority under Title III to 

 protect Sanctuary resources and qualities. 

 Therefore, it is not necessary to include the MBDS 

 within Sanctuary boundaries in order to protect 

 Sanctuary resources and qualities form possible 

 negative effects of disposal activities. 



The preferred boundary alternative, depicted in the 

 FEIS/MP as boundary alternative 5 and described 

 at 15 CFR Part 940.2 is consistent with the 

 Sanctuary boundary established by Section 2202(b) 

 of NMSPAA. The boundary includes the natural 

 resources found in boundary alternative 3, but 

 excludes the MBDS, as proposed for permanent 

 designation by EPA. The adoption of boundary 

 alternative 5 will both encompass identified habitat 

 areas important to the living and non-living 

 resources of the Stellwagen Bank area and exclude 

 incompatible disposal activities at the MBDS site. 



2. Identification by LORAN-C 



A few commenters, including the New England 

 Fishery Management Council, Gloucester 

 Fishermen's Program, Gloucester Fishermen's. 



