1 



GEMZRAL COMMENTS 



Sanctua ry Designation 



"The NHFS Northeast Region supports designation of Stellwagen Bank 

 as a National Marine Sanctuary. Its creation would establish a 

 franewoDc for managenient, regulation, enforcement, education, and 



research that will hopefully =°'°Pl«»«"t' "^^Jj",!^^" ^S^f • if^' s 

 that of the NMFS. Sanctuary endeavors should help NMFS fill gaps 



I in its living marine resource programs, and foster creative 

 [icosystei approaches to both proactive and reactive management. 



PEIS 



The DEIS does a fair job of characterizing the Bank's complex 

 enCironmen? and current regulatory structure. Complete 

 descrictions are given of proposed regulations. The Sanctuary 

 ^"fd prohibit soL activities (discharge -'^ .^fP^^^ °f„^. ,, ,, 

 materials in the Sanctuary, sand and gravel mining, alterat-on ot 

 ^e seabed placement of pipelines and cables, interference with 

 h'^^toricaVcSltural resources and taking marine mammals, ^^ 



^:E5e rto°re^"tIon'-(dis=h:rge^:n^ deposit of materials outside 

 the sanctuary, oil and gas development, and operation of 

 commercial vessels) . 



In concert with existing programs. Sanctuary regulations will 

 help to^otect Bank resources. However, we suggest several 

 additions to strengthen the overall program: 



1 Oil and gas development (from exploration to shipment 

 ashore) ought to be prohibited outright This activity 

 deserves to be addressed with the same language as sand and 



gravel mining. 



2 Aouaculture and whalewatch/charterboats should be 

 identified as subject to regulation. If NOAA chooses 

 tighten language against specific private "f^=- "^/"^^"^^ 

 aeneric approach (i.e., limit privatization) rather than ar 



to 



generic approach ( 



endless list of possible activities. 



r 3 At-sea incineration and hazardous cargo lightering, both 



^. of which represent shipboard activities which should not be 



conducted over the Bank. 



r^lso the discussion on the Massachusetts Bay Disposal Site 

 should address recent confirmation that many containers of 

 unknown wastes have been dumped near the proposed MBDS. 

 Sanctuary plans should weigh the benefits of surveying the region 

 to quantify the wastes and the possibility of covering such 

 containers. 



Commercial F ishing 



'The DEIS should not present a holistic, ecosystem approach, which 

 must include further information on fish and associated 

 fisheries. At times, the document sounds more like a sanctuary 

 for commercial fishermen and whalewatchers, rather than for the 

 living marine resources that support these activities. This 

 causes awkwardness, as the DEIS tries to ignore the current dire 

 state of fisheries resources and still present the ecosystem-wide 



nanagement concept. To support a sanctuary that relies on the 

 New England Fishery Management Council to manage fish, the DEIS 

 must summarize existing plans and regulations, and convince 

 readers that the FMPs now in place are sufficient to allow that 

 holistic approach. If gaps remain, they should be addressed 

 through other Sanctuary initiatives. If those needs can not be 

 net, a realistic discussion will be needed to complete the 

 presentation. 



The Sanctuary could be an objective forum within which fresh and 

 objective approaches to fishery management are voiced, even if 

 formal management authority is retained by the New England 

 Fishery Management Council. The Council is openly seeking 

 suggestions on management directions, and might appreciate 

 support from a broad interest group like the Sanctuary or its 

 Advisory Committee. 



A good source of information which discusses the many problems 

 faced by NMFS and the Council is the "Needs Assessment of the 

 National Marine Fisheries Service by the National Fish and 

 Kildlife Foundation" published in 1990. NFWF offers 

 recommendations to improve fishery management and to generate 

 necessary research information and enforcement support. 



DEPARTMENT OF COMMERCE 



National Marine Fisheries Service 



Northeast Region 



1. No response necessary. 



2. See generic response E. 



3. See generic responses G and K. 



4. See generic response H. 



5. The FEIS discussion of disposal 

 activities identifies the previous 

 use of areas near the MBDS for dis- 

 posal of industrial waste materials. 

 NOAA intends that Sanctuary manage- 

 ment will include cooperation with 

 EPA and COE in surveying these areas, 

 and in developing appropriate monitor- 

 ing and management measures to ensure 

 protection of the Stellwagen Bank 

 environment. 



6. The FEIS section on commercial 

 fishing has been expanded to discuss 

 the status of fisheries. See PART 

 FOUR, Section I.B.l.n. 



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