undisturbed sea ^°"°" ^%""tiagen Bank, this mining technique 

 productivity such as the ^tellwagen ^ ^^^^ ^^^^^ 3^.^33 

 Sould ensure rapid biological repopulation ^^^^ ^^_ aggregate 

 over time. In Europe, a pri-ary =°""^^ ^^ „uch as to result 

 mining would alter the substrate ^^f "'^^"dif ferent from the pre- 

 in repopulation by a benthic =°""""f ^„^°„pact on populations of 

 mining community that there would be an inpa ^ __^P^^ ^^ 



bottom-feeding conmercial fish. ^""^^^^^^Lic character of the 

 practice" in Europe now requires that th ^^.^ ^^^^^ 

 bottom substrate not be altered. 1" P^ ^ a jew inches at a 

 trailer dredging is used to ""°;'^ ="^^^^1^ ^ost but not all, of 

 time (working like a vacuum cleaner) untii 

 the desired substrate has been removed. 



The sand deposit on Stellwagen B^"^, i^g^^entage^of 'the^deposit 

 by 6.25 miles) that °nly.a very small P-=^^^,^ activities are 

 would probably ever be mined. 1^1° [l^ qeomorphic, physical 

 proposed, however, extensive g^f °^^=^^^ SiH have to be 

 oceanographic, and environmental factors wii 



analyzed. 



1= TacV Force is currently 



The MMS Gulf of Mexico Hard M^"^",^^ J^^^ ^ ^^^ possible 



Iv^luating a large shoal "f^^^^^tv study c°"°=^ ^^ initiated for 



development. A similar suitability stuay 



the Stellwagen Bank area if needed. 



f an mining the NOAA may wish 



TO analyze further the effects of oce ^^^^^.^^ references: 



to use information available from tn 



international Council for the Exploration^o^^^^.^e^^^^,^^ -.^ 

 1981. S.J. de Groot. Blbll°g"phy or ^.^^^„ „„ 

 the Effects of "ar^ne Sand and^Oravel^^^^^^^^ ^^^^.^^ 

 Fisheries. CM. l9«J./t,. :?, 

 Committee . 



,. u R .^tickle 1978. Effects of Turbidity and 

 Stern, E.M. and W B. Stickle^ Environments: Literature 

 suspended Material ^".^f ^tic Envir ^_^_ ^^^ 

 Review. Dredged Material Research Prog ^ , ^^p^^ 

 Engineer "^terways Experiment Station^. ^_^_ ^^^.^^_ 

 D-78-21, Final Report, June 1:7/0 

 Chief of Engineers, U.S. Army. 



3 . See generic response M. 



p.^ps im-102 , 1^^-l"::J^L,,Hnt refe r s to proposed le, 



At 



4- 



5: 



T.,^„,. in. -102. 1S7-1S3, 158-;^ ^nn «PP^;--- , rpg ulations, 

 various points where the document refers^to^pp^^ ^^^ ^^^^^^ ^^ 

 there has been an apparent °y^"^^"„tif ied on pages 44-51, 

 "seabirds." AH of the =P^=^" '^^^^3 (50 CFR 10.13) and are 

 including Table 2, are ■"^g^^°^_^'Treaty Act (16 U.S.C. 703- 

 protected under the "^^"tory Bird Treaty y ^^^^ ^^_ 2^_ 



?11) and implementing "^"^^.^^"^^^"ce is allowed only in 

 and 21. Exploitation of this resource 1 j^^^^^ing migratory 

 accordance with "fl^^^°"^^P^°^y'rird pewits (Pa'rt 21) . 

 gamebirds (Part 20) ="'^ "^^ratory di f protected bays or 

 Lwever, since most ="f ^^.^^^^^^fp^te much activity within the 

 closer to land, we would not anticipate 

 proposed sanctuary boundaries. 



There is no -ed for proposed regulation's^ (Page the 



-^-^i- o^ I ^^t rl^3ari£mammal.^^Xf ^fu^^^^^ 

 ^re;;^ti°coi;r^h:nI^^e^re'g:iatronl t^h4t would apply to the taking 



of all animals. 



An understanding of 

 r .gp^ 1 77-133, A. Boundary .a^^g^ii^^^^^ biological and 

 the characteristics and distribution ^^^^ suggests that an 

 physical resources of the Steliwage ^^ warranted, 



analysis of alternative boundary ""^^f d Sanctuary area 

 Many of the biological "=°"^"%^"nature Given this mobility, 

 are highly "^9"^°'^' °^„r,^"^iortali?y ^°nes for many of these 

 the major recruitment »"f/°^"°3of their range. Sedentary 

 species may occur in other parts of tn ^ alternatives 



species would be an ^''^^Pt^""^. respect to protecting these 

 „ay be similarly ihadequate with "^Pf t / ^^^^^3 „f chemical 



^:!^^ti:n ^rthriit-°anr ^ ent^ -HSn^-nf ::urc^nn 

 hll-lT.:tllnT. Tol.llTorc'fAsoo/ from extremely 

 diverse source!, via atmospheric deposition. 



p^vplopment: Currently, it is ^°l_'^^^. ^t,^ recoverable, and no 



II 



6. 



npyplopment: Currently, it Is h°^^ , ,1 recoverable, and no 

 in the Stellwagen Bank "ea is commercially re^^ ^^^^ ^^^^^^^^ 



4. See generic response L. The proposed 

 Sanctuary prohibition on taking of sea- 

 birds provides an additional authority 

 to the existing Migratory Bird Treaty 

 Act. Neither the MBTA nor the proposed 

 Sanctuary regulation provides for the 

 incidental take "of seabirds (e.g., in 

 fishing nets) . In consultation with the 

 regional U.S. Fish and Wildlife Service, 

 NOAA understands such incidents are 

 extremely limited, and that no endan- 

 gered avian species are involved in the 

 area of the proposed Sanctuary. The 

 proposed Sanctuary regulation will 

 enable NOAA to address directly any 

 future problematic level of incidental 

 taking of seabirds within the Sanctuary. 



5. The selection of Sanctuary boundaries 

 and configuration is guided by Title III 

 and implementing regulations (15 CFR 

 Part 922.1), which direct that the area 

 be of a size and nature that permit com- 

 prehensive conservation and management. 

 While a Sanctuary's size is highly 

 dependent on the living and non-living 

 resources, it must not preclude effec- 

 tive management. See generic response 

 B.l. 



6. See generic response M. See also 

 expanded discussion at PART TWO, Section 

 II. C. 7. and PART THREE, Section II. C. 3. 



in the Stellwagen ^ank area is com.-^^-^ .^ ^^^ ^^^^ proposed 



exploration or 'l^v«l°P'°^"t of such m prohibition should 



anywhere in the area. Therefore, the pr P ^ .^„ „f 



be based on an analysis of "^ere and how |^^ resources. 



industrial materials would barm speciric =. 



This approach has not been taken. 



Page G29 



L' 



