Stellwagen Bank FEIS/MP Appendices P^ BIO 



Massachusetts Ocean Sanctuaries Act (Massachusetts General Laws Chapter D2A, Sections 13-16, 18) 



The purpose of the Ocean Sanctuaries Program is to protect the five State-designated Ocean Sanctuaries from 

 any exploitation, development, or activity which would seriously alter or otherwise endanger the ecology and 

 appearance of the ocean, the seabed, or the subsoil of the seabed, or the Commonwealth waters adjacent to the 

 Cape Cod National Seashore. The program is administered by the Massachusetts Department of Environmental 

 Management, and is primarily implemented through coordination with State licensing and permitting agencies. 

 Activities specifically prohibited in Ocean Sanctuaries include the building of any structiu-e on the seabed or 

 under the subsoil; the construction or operation of offshore electrical generating stations; the removal of sand 

 and gravel; oil and gas exploration and exploitation; and the dumping or discharge of commercial or industrial 

 waste. 



Massachusetts Division of Marine Fisheries (Massachusetts General Law Chapter 130, Section 1-104) 



The function of the Massachusetts Division of Marine Fisheries is to manage and regulate all activities associated 

 with the taking of fish and shellfish in the waters of the Commonwecdth. The Division also reviews and 

 comments on proposals for activities in coastal and nearshore waters to insure that adverse impacts to marine 

 resources are minimized. While the jurisdiction of the DMF is generally limited to State territorial waters, they 

 are actively involved in a number of regional fisheries management programs which directly affect the Sanctuary. 



A number of State agencies have jurisdiction over activities which, while located outside the proposed Sanctuary, 

 could adversely affect Sanctuary resources or qualities. 



Wetlands Protection Act (Massachusetts General Laws Chapter 131, Section 40) 



This authority is exercised primarily through the city or town conservation commission, with appeal to the 

 Massachusetts Department of Environmental Protection. The Act protects wetland resource issues and attributes 

 relevant to the Sanctuary, including fisheries, land containing shellfish, prevention of pollution, and wildlife 

 habitat, and appUes to any activity which involves "dredging, filling, altering, or removing" within the resource 

 area. As a part of this review. The State's Natiual Heritage and Endangered Species Program, evaluates the 

 possible effects of the proposed activity on State-listed rare, threatened, and endangered species. 



Massachusetts Environmental Policy Act (Massachusetts General Laws Chapter 30, Sections 62-62H) 



The Massachusetts Environmental PoUcy Act (MEPA) provides for a coordinated State review of generally large 

 and complicated projects, allowing more efficient collection of essential information covering a wide range of 

 potential adverse enviroimiental impacts. The information collected during the MEPA process is to be used by 

 regulatory agencies in their regulatory reviews. For example, dredging projects involving volumes of dredged 

 material greater than 10,000 cubic yards would be reviewed by MEPA. 



Massachusetts Pubhc Waterfront Act (Massachusetts General Laws Chapter 91) 



This authority is primarily involved in the licensing of fill and structures in the tidelands of the Commonwealth, 

 with a principal regulatory interest in preserving safe navigation and public access. 



Massachusetts Clean Waters Act (Massachusetts General Laws Chapter 21, Section 27) 



Along with delegated authority under provisions of the Clean Water Act at Section 401, the Department of 

 Environmental Protection, Division of Water Pollution Control (DEP-DWPC) reviews discharges into waters 

 of the Commonwealth. Their principal interest is the protection of water quahty. 



