■ A. vn„ are aware the Council's cWcf concents are focused on the management 

 au.^onW he'cTun* witMn a designated National Marine Sanctuary^ AUhough 

 ^e prelb e to the proposed rule designating S.eUwagen Ba■^k as ^ S^f*^ '^ 

 dear on its intent to exclude Qshing activities from those subject to Sancti:ary 

 fe" lat^n there is still concern that our vital interests in the area are not adequately 

 nr^ c^ed -n^e Jroposed Sanctuary regulations include no general exemption for 

 K re-ufatiL'^ln fact, the proposed rule states that "If any vahd r^gulatnon 

 SuTdby^ny Federal, State or local authority of competent ,unsd>ct>on, r^Sa^dless °: 

 when issVeS^onflKts with a Sanctuary regulation, the regulator, "^^^^ P'°"«'-- °< 

 ^e Sanctuar^ resources and quaUties shall govern" (Fed^Reg. V°l . 5o, No^T^P. 

 S^S) Such language contradicts not only the intent of the regulanon descnbed m t-.e 

 Tremble but addirionally may be inconsistent with the Magnuson Fishery 

 Srva'tion and Management Act of 1976 (Magnuson Act) which P;°vides the 

 exc^ive authority for regulating fishing activities in the exclusive economic zone. 



The Council strongly urges the follo.ving language as an alternative m order to 

 fulfill the intent of thVproposed rule. Our support or S-^uary des.gnanon is 

 contingent upon redesignating paragraphs §§ 5f'-=<^^^<^l^„| ,f,°-; Jer skble 

 respectively and adding the following subparagraph as § 940.:)(e) o^ °''^^J^t""° 

 Sage L gives regional management Councils the opportunity to develop 

 sanctuary-related regulations that affect fishing activities: 



The prohibitions in paragraph (a) of this section do not apply to any 

 S authorized bv or subject to a vaUd lease, pemut. hcense approv^, 

 riehT relation or other authorization promulgated or issued under the 

 Soritfof the Magnuson Fishery and Conservaaon Act Ovlagnu^on Act), 

 16 U.S. C. § 1801 et Sq., or any activity subject to the authority of the 

 Magnuson Act. 



™ e^ftion^fishinlacdvities necessary to protect the proposed Sanctuary to the 

 regional management Councils and the Magnuson Act process. 



The Council further recommends that § 940.6, pertaining to emergency 

 reeulations should also be amended to include the sentence: For any such 

 Sbdo^'related to fishing activities, subject to *e authority of the Magnuson A«. 

 s^chemereencv regulations shall be effective for 45 days, after which une _ 



wfcurencevSih 1^ New England Fishery Managem_ent Counal shall be required 

 to extend such emergency regulations beyond 45 days . 



Although it is not contained in the proposed rule, the Council wishes to support 

 the Sanctuary boundaries recommended by New England fishermen and otherwise 

 refen^d to^Boundary Alternative 4. The Loran C Unes are 13750, 138.0, 44140 and 

 44295 We recognize the potential difficulties in using Loran in regulatory language, 

 th;refore as an^temative we suggest equivalent Latitude/Longitude coordinates. 

 «• 34 4'N 70° 25.VW; 42° 11.2'N, 70° 06.3^; 42° 06.6'N, 70° 22SVJ; and 42° 28.4 N 

 70° 40 O'W. Most importantly, this boundary includes the Mass Bay Disposal Site and 

 will allow closer monitoring, regulaHon and possible remediation of an area that 

 could pose significant threats to fish habitat. 



~ The Council is also fully supportive of a formal advisory Committee. As stated in 

 pre^oi^ correspondence, con^erdal and recreational fishing '"'""'^^f ""^"^ ^ 

 represented and at least one member of the New England Counal should be 

 included on the Committee. 



' A number of fishermen's organizations have pointed out that descriptions of the 

 fishlnes^ some gear types afe out of date and inaccurate. We -^Sf. y° "/l^lf.f 

 with knowledgeabll people within the fishing industry to update this mformation 

 rJice Ae Environmental Impact Statement/Management Plan wm form the basis 

 for future education programs and outreach efforts, should a Sanctuary be 

 designated. 



KEW ENGLAND FISHERY MANAGEMENT COUNCIL 



1 NOAA recognizes the existing mandate 

 and authority of NMFS and the NEFMC to 

 promulgate fishing management plans, 

 including regulations, pursuant to the 

 FCMA. Designation of the Stellwagen Bank 

 National Marine Sanctuary will not alter 

 that mandate and authority. The fish 

 resources of the Stellwagen Bank system 

 have been recognized as a resource of 

 national significance, within the 

 context of Title III. NOAA is therefore 

 concerned that fish resources are main- 

 tained within the Sanctuary, as an 

 integral part of its mandate under Title 

 III. NOAA has determined during the 

 designation process, however, that the 

 existing structure for the management of 

 fishery resources is adequate. NOAA is 

 also aware that current FMPs are not 

 fully meeting their objective of stock 

 maintenance. However, NOAA does not 

 propose to regulate fishing activities; 

 nor does it propose to list fishing as 

 an activity "stibject to Sanctuary 

 regulation." See expanded discussion at 

 PART THREE, Section II.C.14. 



2. NOAA does not agree with NEFMC 's 

 recommendation to limit Sanctuary 

 emergency regulations affecting fishing 

 activities to 45 days, following which 

 any extension to emergency regulations 

 would be dependent upon concurrence by 

 the NEFMC. The duration of any Sanctuary 

 emergency regulation is determined by 

 the Director of OCRM, as part of his or 

 her responsibilities under Title III. 

 However, the development, implemen- 

 tation, and duration of any emergency 

 Sanctuary regulation affecting fishing 

 activities would be closely coordinated 

 with the NEFMC and NMFS. NOAA antici- 

 pates that the NEFMC would be directly 

 involved in determining the necessity 

 for any such regulation. 



3. See generic responses B.l. and B.2. 

 See also generic responses D.l- and D.4. 



4. See generic response O, 



5. NOAA has incorporated improved infor- 

 mation regarding specific fishing gear 

 utilized in the Stellwagen Bank region. 



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