Regulations 



Massachusetts is pleased to see the draft regulations included in 

 the DEIS since it gives reviewers the opportunity to see how the 

 management objectives will be executed. Our parallel review of the 

 DEIS and draft regulations point out the need for additional 

 clarification in the regulations. 



IL 



r '• " 



[defined i; 



normal fishing operations" and "fish wastes" should be 

 in the definitions section of the regulations. 





2. "discharge" should be defined in the definitions section of 

 the regulations. 



3. the definition of "taking any marine mammal, etc" needs so-e 

 clarification, perhaps in the management plan, as to whether this 

 neans whalewatching vessels will require, and be allowed, permits. 



^O. 



21. 



:22. 



4. The definition of "taking any marine mammal, etc." implies 

 that seabird hunting, as regulated by the U.S. Fish and Wildlire 

 Service, would require a permit if conducted within the sanctuary. 

 There should be an exemption for this regulated activity. In 

 addition, it say be helpful to define "seabird" - does this refer 

 only to pelagic species, or does it include eiders, cormorants, 

 etc. 



= 5. Under Article VI, there needs to be clarification between 



Sections 1 and 2 with regard to fishing activities. If there is a 

 conflict between the regulation and management of fisheries and the 

 sanctuary, does the sanctuary regulation supersede that of 

 fisheries? 



"" 6. Section 940.5 "Prohibited Activities" should be revised to 



allow for the routine discharge from bilge pumping on smaller 

 vessels. As this section is worded, most all recreational and 

 commercial fishing vessels, charter boats and whalewatching vessels 

 would not legally be allowed to operate within the sanctuary. 

 Routine bilge pumping helps to keep these vessels from sinking. If 

 the intent to prohibit a tanker or barge from cleaning its storage 

 tanks and discharging that waste, the regulations should so state. 



7. Section 940.7 (d) should be clarified with regard to 

 Commonwealth title to an abandoned shipwreck. Massachusetts can 

 only hold title to historical and cultural resources located within 

 state waters. 



Page by Page Comments 



Page 1: The conversions, throughout the document, from square 

 nautical miles to square statute miles to square kilometers appear 



to be incorrect. We would suggest that the following conversions 

 be used: square nautical miles x 1.32 = square statute miles; 

 square statute miles x 2.59 = square kilometers; square nautical 

 miles X 3.43 = square kilometers. 



Page 16: The distance of the Bank from Provincetown listed on this 

 page does not agree with that provided on Page i. 



Page 60: Table 3: the landing and value figures for invertebrates 

 seems low, since this figure includes lobster landings. If this 

 figure reflects only those landings reported from federal waters, 

 the FEIS should state that fact. 



Page 63: the northern shrimp fishery is managed through the 

 Atlantic States Marine Fisheries Commission, not the New England 

 Fishery Management Council. 



Page 68: clarify "private rental boats" measuring 20 feet or more, 

 as to whether these vessels are active on Stellwagen Bank. 



Page 69: We question whether recreational fishing for lobster and 

 scallops takes place on Stellwagen Bank. The statement that the 

 value of recreational fishing exceeds that of commercial fishing 

 needs further elaboration, by at least definition: Massachusetts 

 contends that if a fish is sold, that activity is commercial 

 fishing. In addition there is a license designation for commercial 

 and recreational fishing. 



Page 76: what is the reference used to determine the reasons for a 

 decrease in interest in offshore oil and gas activity in the North 

 Atlantic? Industry representatives interviewed for a Congressional 

 study into the failure of Lease Sale 82 indicated that low interest 

 was due primarily to. low resource potential. 



16. "Normal fishing operations" has been 

 changed in the FEIS to "traditional 

 fishing operations". "Fish wastes" has 

 been defined in the proposed Sanctuary- 

 regulations (see Appendix A, at 15 CFR 

 § 940.3(a) (6)) . 



17. NOAA does not agree that the term 

 "discharge" needs specific definition in 

 the definitions section of the proposed 

 Sanctuary regulations. The term "dis- 

 charge" is used within the context of 

 definitions found in the Clean Water 

 Act. 



18. NOAA does not agree that the term 

 "taking any marine mammal" needs further 

 definition beyond what is currently 

 proposed as Sanctuary regulation. NOAA 

 intends to coordinate closely with NMFS 

 in implementation of pending national 

 whalewatch regulations, which could 

 address the number of whalewatch vessels 

 if it is documented, through Sanctuary 

 or other research, as a causal factor in 

 harassment of cetaceans. 



19. See generic response L. 



20. See Article V. of the proposed 

 Designation Document. In the event of a 

 conflict between a fisheries regulation 

 issued by other authority and a 

 fisheries regulation issued by the 

 Sanctuary, the regulation deemed by the 

 Director of OCRM to be more protective 

 of Sanctuary resources and qualities 

 shall govern within the Sanctuary. Note, 

 however, that NOAA 'does not propose to 

 regulate fishing in the Sanctuary. See 

 also generic response N. 



21. See generic response C.l. 



22. Proposed § 940.7 has been revised to 

 delete reference to Commonwealth title 

 to abandoned shipwrecks occurring within 

 Federal waters. 



Page G45 



