/3. 



14. 



15 



consistency is an unparalleled and powerful tool in effective 

 Icoastal and ocean resource managenent, and firmly linking federal 

 consistency and Sanctuary regulation can only serve to better 

 protect the waters of Stellwagen Bank. 



Massachusetts evaluates federal licenses, permits and direct 

 federal activities against State coastal policies that address a 

 broad range of resources and interests. The MC2M Program 

 incorporates the policies and regulations of a number of State 

 laws, including the Ocean Sanctuaries Act, the Minerals Resources 

 Act, and the Wetlands and Waterways Acts. Thus, the Program is 

 comprehensive in its focus. 



The FEIS should include a managenent alternative that assesses 

 cooperative state/federal management. While the Sanctuary is 

 proposed for Federal waters, it is adjacent to state waters that 

 are designated as Ocean Sanctuaries and as critical habitat for the 

 northern right whale. Management of Stellwagen Bank as a marine 

 sanctuary may be more effective through a ^oint, cooperative effort 

 between Massachusetts and NOAA. 



This alternative should include an evaluation of the ways in 

 which the state's federal consistency authority and the state's 

 management role in the Massachusetts Bays Program can be linked 

 with the Sanctuaries and Reserves Division to manage the sanctuary. 

 Further, this discussion in the FEIS should evaluate the benefits 

 of a cooperative agreement on enforcement between the state and 

 NOAA. In these times of dwindling resources, Massachusetts feels 

 we have no choice but to take full advantage of such opportunities. 



This cooperative state/federal management alternative should 

 also evaluate the possibility of joint permitting at some time in 

 the future, perhaps using federal consistency as the vehicle for 

 that coordination. A mechanism similar to that utilized by the 

 Environmental Protection Agency (EPA) and the states in the 

 National Pollutant Discharge Elimination System (NPDES) program 

 might be used as a model. As the management of the sanctuary 

 matures, on-site evaluation and permitting is likely to occur and 

 joint permitting would provide for a more predictable management 

 system. 



The FEIS should also include in this management alternative a 

 discussion of the role of the state in developing research and 

 monitoring objectives, and in formulating the public outreach and 

 education program. These are significant elements of a management 

 plan that must be addressed in a joint management alternative. 



Coordination 



Massachusetts supports the establishment of a formally 

 chartered advisory committee with broad representation of the 

 principal users of the Sanctuary. The FEIS should include a draft 

 charter that explicitly describes the advisory committee's 

 responsibilities and provide the committee with a true policy 

 function in the management of the sanctuary. The FEIS should also 

 provide more detail on the composition of the advisory committee. 

 Massachusetts believes the advisory cor.mittee should not be too 

 large but should provide for relevant non-governmental 

 participation. 



In order to provide for close coordination between fisheries 

 management and management of the sanctuary, Massachusetts believes 

 that the New England Fishery Management Council should be 

 represented on the advisory committee. Massachusetts recommends 

 that NOAA evaluate the charter and functions of the Cape Cod 

 National Seashore Advisory Committee, as a model for the Stellwagen 

 Bank Marine Sanctuary Advisory Committee. 



While Massachusetts applauds the intent expressed in the DEIS 

 that the sanctuary designation will provide a mechanism for 

 coordination among the various programs and interests in this 

 region, the FEIS should provide more detail on how this will be 

 accomplished. In addition to their normal management, research, 

 and regulatory functions, NOAA and EPA have made significant 

 commitments to resource management in this region in supporting the 

 Gulf of Maine Initiative and the Massachusetts Bays Program. The 

 sanctuary management plan will need to be closely integrated with 

 these two programs, and the FEIS should discuss some of the ways in 

 which this could be accomplished. 



An important element of all three of these programs is their 

 research and monitoring components. The Massachusetts Bays Program 

 has established a research agenda and has funded studies over the 

 past two years. The Gulf of Maine Council has completed an 

 environmental monitoring plan, and will initiate a pilot program 

 this year. The FEIS should include an evaluation of how the 

 sanctuary's research and monitoring program will be integrated with 

 existing programs. The FEIS should also describe the basic 

 approaches the program will take, i.e. if monitoring is pursued, 

 that the purposes and goals will be clearly articulated, and the 

 program will include, when possible, testable hypotheses, and 

 reflect anticipated funding. 



13. NOAA intends that Sanctuary manage- 

 ment include cooperative coordination 

 with the Commonwealth of Massachusetts. 

 To this end, NOAA anticipates that 

 through avenues such as the Massa- 

 chusetts Bays/NEP and the Ocean 

 Sanctuaries Program, where similar 

 objectives are shared with the 

 Stellwagen Bank National Marine 

 Sanctuary, a strong and permanent link 

 between NOAA and the Commonwealth will 

 be established. Because the proposed 

 Sanctuary would be established pursuant 

 to Federal statute, total responsibility 

 for its management rests with NOAA. 

 However, because of the obvious physical 

 and programmatic links, following 

 designation, NOAA will explore ways in 

 which cooperative management efforts 

 could be initiated. 



14. The FEIS includes an expanded 

 discussion of the proposed Sanctuary 

 Advisory Committee, (see PART TWO, 

 Section IV. A. 4.). See generic 

 responses 0.1. and 0.2. 



15. A more detailed discussion of 

 mechanisms for coordination between the 

 Sanctuary and various programs supported 

 presently by NOAA and EPA for Gulf of 

 Maine resource management (e.g., the 

 Gulf of Maine Initiative and the 

 Massachusetts Bays Program) , will be 

 developed via implementation of the 

 Sanctuary Management Plan, following 

 designation. Specific discussions of 

 research and monitoring priorities and 

 objectives also will be developed on 

 both an annual basis, and on a multi- 

 year planning basis, following 

 designation. Page G44 



