i 



structure of the DEIS and Management Plan 



We appreciate the difficulties of preparing a single document 

 to meet the National Environmental Policy Act (NEPA) requirements 

 and, at the same time, include a draft management plan. However as 

 reviewers, we found the organir.ation of the report confusing and 

 recommend that the Final Environmental Impact Statement (FEIS) 

 follow the NEPA guidelines more closely, and that the management 

 plan sections be separate from, rather than incorporated into, the 

 text of the environmental assessment. For example, the current 

 document discusses management issues before the boundary 

 alternatives are presented. This is confusing since each boundary 

 alternative has differing management considerations. 



Throughout the following comments we refer to the FEIS, rather 

 than separating our comments between the environmental impact 

 statement and the management plan. 



Adequacy of the DEIS and Management Plan 



affec 

 Massa 

 FEIS. 



2.. 



designation' and subsequent management plan One purpose served by 

 an Environmental impact statement is to provide a detailed 



discussion o 



f the issues on which a decision can be based. 



COMMONWEALTH OF MASSACHUSETTS 

 Executive Office of 

 Environmental Affairs 



1. Structure and format of the DEIS and 

 FEIS documents have been determined by 

 NOAA and DOC General Counsel to meet the 

 requirements of NEPA. However, SRD 

 recognizes the potential for confusion 

 to reviewers, and is currently consider- 

 ing development of a new format for 

 future NEPA documents. 



2. Comments noted. FEIS discussions 

 regarding management and regulatory 

 mechanisms have been expanded where 

 warranted by the identification of 

 existing or potential management de- 

 ficiencies. NEPA documents developed on 

 a proposed national marine sanctuary are 

 intended to provide a general overview 

 of the marine area under consideration, 

 including the identification of existing 

 and potential uses of that area. The 

 overall intention of a national marine 

 sanctuary designation is to provide a 

 cohesive management structure for the 

 designated area, through coordination 

 with existing management authorities 

 and implementation of Sanctuary manage- 

 ment where the need has been identified. 

 NOAA believes it has adequately identi- 

 fied and addressed those areas in the 

 FEIS. 



3. 



4 



Absent in the DEIS is a discussion of the current structure 

 for fisheries conservation and management. While the draft 

 management plan specifies that fisheries management will continue 

 as it is at present, i.e. will be unaffected by the Sanctuary 

 designation, there should be a discussion in the FEIS on how 

 fishery resources are managed at present, and how and why the 

 current objectives of fisheries management by the New England 

 Fishery Management Council (NEFMC) and National Marine Fisheries 

 Service (NMFS) satisfy the purposes of the designation. The FEIS 

 should include a copy of the letter the New England Fishery 

 Management Council has sent to NOAA, as provided for under the 

 provisions of Title III of the Marine Protection, Research and 

 Sanctuaries Act (MPRSA) . 



2. There should be a more detailed discussion of fishing 

 activity, including seasonality of the fishery, gear types, and the 

 target species. This information is important to the evaluation of 

 the management alternatives. 



" 3. In the discussion of management alternatives, the FEIS 

 should include a better analysis of the options for sanctuary 

 management of offshore oil and gas activities. The reason for 

 listing the activity as "subject to Sanctuary regulation" seems to 

 be centered on the Presidential moratorium on hydrocarbon 

 development activities in the George's Bank area, to remain in 

 effect until after the year 2000. However, this approach does 



little to clarify why the existing regulatory structure surrounding 

 this activity is or is not adequate to protect sanctuary resources. 



\ 



3. Comments noted. The FEIS discussion 

 of commercial fisheries has been ex- 

 panded (see PART TWO, Section II.C.l.). 

 See also generic response N. 



A copy of the NEFMC s response to NOAA's 

 consultation under Section 305(b)(5) of 

 Title III has been included in the FEIS, 

 at Appendix F. 



4. FEIS discussion of offshore hydro- 

 carbon activities has been expanded (see 

 PART TWO, Section II. C. 6.). See also 

 generic response E. 



Page G41 



