/4. 



17. 



IS". 



(9, 



Advisory Comm ittee 



The Advisory Connnittee is an excellent idea. Conunittee 

 nembership should be sufficiently broad to include 

 representatives of all user groups, but not so inclusive to have 

 a member from each fishery, each recreational vessel category, 

 each research interest, etc. Considering the different gear 

 types, target species, vessel sizes, etc., the prospects of a 

 huge Committee seem real and scary. 



Of equal importance is how the Committee will relate to the 

 sanctuary Manager and the Council. Must decisions or 

 recommendations by the Committee be accepted by the Sanctuary. 

 Will fishing industry representatives on the Committee have 

 special standing in any decisions or recommendations? 



Emergencies 



Section 940.6 of the regulations addresses emergency actions. 

 The Council will suggest, and we agree, that they should be 

 afforded an opportunity to approve any emergency regulations that 

 might affect their special role in fishery management. 



Catastrophic Spills 



The Sanctuary documents should recommend a contingency plan(s) to 

 deal with the possibility of an oil spill, explosion, etc. that 

 could affect the area. Perhaps the plan should include removal 

 of hazardous materials from the old disposal site. 



Fishery Management Outsidp the Council's Jurisdiction 



We continue to wonder how a Sanctuary will address fishery 

 management issues (habitat, harvests, conflicts, etc.) related to 

 stocks not covered by an approved fishery management plan. 

 Existing conditions for tuna and pelagics plus possible fisheries 

 for the Stimpson clam, herring, and sand lance could place the 

 Sanctuary in the fishery management arena. Stimpson clams may be 

 the first test. 



16. See expanded discussion on Sanctuary 

 Advisory Committee at PART TWO, Section 

 IV. A. 4. 



17. In the event of a necessity for 

 emergency Sanctuary regulations 

 (pursuant to § 940.6) which directly 

 affect fishing activities, consultation 

 with both NMFS and the NEFMC will 

 precede the implementation of such 

 regulations, contingent upon time 

 constraints. In such instances, however, 

 the decision to impose emergency 

 regulations rests with NOAA. 



18. A National Marine Sanctuary Program 

 contingency and response plan is cur- 

 rently in development by SRD. Individual 

 contingency plans will also be developed 

 for each national marine sanctuary, 

 including Stellwagen Bank. 



19. See generic response 



N. 



SPECIFIC COMMENTS 



page xi, paragraph B, Endangered Species Act fESAl : The 

 shortnose sturgeon f Acipenser brevirostruml is a federally 

 endangered anadromous fish that occurs in the Merrimack River. 

 Although we are unaware of any shortnose sturgeon being caught in 

 any of the Sanctuary boundary alternatives, the proximity of this 

 population merits inclusion on the list of species that could 

 occur in the area. 



page 1, paragraph 5: The last sentence in this paragraph should 



read, "In addition to these operations, possible sand/gravel 

 mining and dredged material disposal may affect Stellwagen Bank 

 resources." Otherwise it implies that previous activities 

 mentioned (commercial fishing, whale watching, recreational 

 fishing, research, and commercial shipping) do not have the 

 potential to affect the Bank's resources. 



page 8, paragraph 4: Somewhere in this paragraph mention should 

 be made of the geographical location of Cordell Bank National 

 Marine Sanctuary. 



page 23, paragraph 2: The sentence "Like Stellwagen Bank lying 

 along its eastern and northeastern borders, the Stellwagen Basin 

 is elliptical in configuration, with a long axis trending in a 

 northeast direction" should read trending in a "northwest" 

 direction. 



page 36, paragraph 3: Insert the word "extant" into the following 

 sentence. "The largest and heaviest of all 'extant' reptiles, 

 leatherbacks may grow to 11 feet in length and weigh up to 1,900 

 pounds." Some mention should be made regarding leatherback 

 entanglement and lobster pots. NOAA Technical Memorandum NMFS- 

 SEFC-214 "Proceedings of the Eighth Annual Workshop on Sea Turtle 

 Conservation and Biology" contains supporting information. 



pages 37 through 40, Endangered Cetaceans : The population 

 estimates given should be updated with information contained in 

 the draft "Endangered Whales: Status Dpdate, A Report on the 5- 

 Year Status of Stocks Review under the 1978 Amendments to the 

 O.S. Endangered Species Act". For northwest Atlantic humpbacks, 

 fin whales, and sei whales, the figures given in the DEIS are all 

 less than those in the Status Review. A figure is also availjible 

 in the Status Review for the current population of north Atlantic 

 blue whales, which is not stated in the DEIS. Also, the Weinrich 

 (1990) citation for the current population of fin whales is not 

 referenced. 



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