10. 



r" Marine Mammals and Seahirds: The Center strongjy supports NOAA'S 



proposal to provide additional protection to marine mammak, marine reptiles and sea 

 birds within the SBNMS. We endorse NOAA's proposal to incorporate prohibitions 

 on the taking of marine mammals, reptiles and seabirds. already afforded under the 

 Marine Mammal Protection Aa (MMPA) and Endangered Species Act (ESA), into 

 sanctuary regulations, as stated on page 195. We further suppon NOAA's intent to 

 extend a prohibition on takings to species not covered by either of those statutes, as 

 stated on page 153. However, the full meaning of the proposed regulation on taking, 

 as written on page 195, is not entirely dear to us. In particular, we are concerned 

 that the proposed rule, as written, may not accomplish the stated objective (page 153) 

 of extending protection to species not already covered under MMPA or ESA. This 

 concern can be addressed by rewriting the proposed rule on page 195 to read: 

 Taking of any marine reptile, marine mammal or seabird in or above the sanctuary, 

 except as permitted by regulations promulgated under the Marine Manunal Protection 

 Act (MMPA), the Endangered Species Act (ESA), and the Migratory Bird Treaty An 

 (MBTA). The inclusion of the MBTA would extend the ban on takings to non- 

 endangered seabirds. Certainly, the MBT.A is relevant to protection of sanctuary 

 resources and should be discussed in the DEIS/MP. 



Fisheries: Overall, the Center believes that recreational and commerdal fishing 

 activities can be compatible with sancmary designation. Nonetheless, fishing activities 

 do have important effects on sanctuary resources and should be considered while 

 developing a management plan for a sancmary. Sanctuary DEIS/\fFs should 

 evaluate the existing fishing regulations and management regime and whether they can 

 be improved by sanctuary specific regulations. In the case of SteUwagen Bank, it 

 appears that the existing framework of federal and state regulations govenu'ng 

 fisheries provides a better mechanism for managing fisheries than the sanctuary and 

 consequently we recommend no additional fisheries regulations for the SBNMS. We 

 remain concerned about problems in the region's fisheries, but feel that the sanctuary 

 is not the appropriate mecham'sm for addressing them. 



Because fish are vital components of the marine ecosystem, at the very least 

 we would encourage NOAA, as pari of its research program for the SBNMS, to 

 monitor the status of local fisheries as well as the effect these activities may be 

 having on other sanctuary resources. Because fishing aaivities are also a long- 

 standing and important economic activity in the region, every effort should aJso be 

 made to consult with the fishing community with respect to these assessments. Finally 

 we would encourage NOAA to lend some of its resources to strengthem'ng present 

 surveillance/enforcement capabilities so vital to ensuring the sustained use of fishery 

 resources and for preventing damage associated with harmful fishing practices. 



9. Comments noted. Corrections have 

 been made to the proposed Sanctuary 

 regulation regarding taking of marine 

 reptiles, marine mammals, and seabirds. 

 Discussion of the MBTA is provided in 

 Appendix B. 



10. See expanded discussion of fisheries 

 issues at PART TWO, Section Il.c.l. See 

 also generic response N. 



12. 



Manageme nt Issues 



Management/Budget: Given the location and current high level of use of the 

 SteUwagen Bank area by both tourists and residents, CMC strongly urges that 

 management alternative #3 be implemented. This plan ensures rapid implementation 

 of the sanctuary program in the SteUwagen Bank area through the fuU funding, fuU 

 staffing and establishment of local sanctuary headquarters as weU as at least two 

 "sateUite" information centers. SateUite offices would enhance all facets of the 

 program including education, research and management 



Staff should include at a minimum a sanctuary manager, a research 

 coordinator, an educational coordinator, two or more enforcement officers, one staff 

 member for each satelhte office, and a secretary. Cost will not be high for the 

 additional sateUite offices since most Ukely space may be donated or leased at a low 

 price from other government agencies or private organizations. Additional funding 

 should be added to the educational program and to the manager's fund to assist in 

 the management and educational programs for the satellite offices. The budget of 

 $570,000 proposed in the prospectus accompanying the DEIS/MP would not allow for 

 full staffing or adequate management, educational, and research programs. 



If the Admim'stration is indeed committed to this program, a realistic budget 

 should be developed. Please see the attached budget for a proposed sanctuary 

 budget Proper funding is essential if the program is to fulfill its congressional 

 mandate to provide long-term, comprehensive proteaion to the nationally significant 

 marine treasures of this region. 



Education: Ultimately, the protection of the SteUwagen Bank area's rich natural 

 heritage will depend on a knowledgeable and caring public made up of both residents 

 and visitors alike. Thus, the SBNMS educational component is very important The 

 sanctuary program is unique in its ability to promote a national and regional view 

 within local educational settings. In addition to promoting respect for and wise 

 stewardship of our marine heritage, we encourage the SBNMS program to develop 

 and utUize educational materials that draw clear coimections for people between 

 resource values and any regulations develop to enhance resource protection. In 

 addition, we encourage NOAA to work closely with private organizations, and 

 programs including the Massachusetts Estuaries Program, the Gulf of Maine effort 

 and non-profit organizations. 



11. Comments noted. See PART THREE, 

 Section II. B. NOAA intends that at a 

 minimum, a Sanctuary Manager and office 

 facility will have been selected by the 

 time of final designation. Remaining 

 Sanctuary staff will be hired shortly 

 thereafter. Available funding for 

 Sanctuary staff, facilities, and 

 programs is contingent upon 

 Congressional appropriations to the 

 National Marine Sanctuary Program. 



12. Comments noted. NOAA recognizes the 

 importance of education/interpretation 

 programs to the overall success of the 

 Sanctuary. 



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