Stellwagen Bank FEIS/MP Appendices 



Page G12 



not, however, pursue a natural resource damage 

 civil suit for incidental take which results in only 

 negligible harm to the Sanctuary or the species. 

 NOAA will coordinate with the USFAVS (DOI) in 

 any enforcement activities involving endangered or 

 threatened seabird species, or related to MBTA 

 violations. 



M. SAND AND GRAVEL EXTRACTION 

 ACTIVITIES 



Sand And Gravel Extraction Activities Should Be 

 Listed As Subject To Sanctuary Regulation; A 

 Blanket Prohibition Is Not Necessary Or 

 Appropriate. 



The DOI commented that NOAA's proposed 

 prohibition on sand and gravel extraction activities 

 within the Sanctuary is inappropriate and not 

 necessary at this time. DOI states that NOAA's 

 prohibition on development of industrial materials 

 (e.g. . sand and gravel) is not based on "an analysis 

 of how or whether such activities would harm to 

 specific resources that influenced the selection of 

 this area [Stellwagen Bank] as a proposed NMS." 

 DOI suggests that potential sand and gravel 

 extraction activities be examined on a "case-by-case" 

 basis by NOAA to determine any necessary controls 

 or prohibitions in instances where mitigation of 

 harmful effects would "prove difficult." 



NOAA Response : Section 2202(d) of NMSPAA 

 prohibits the exploration for and mining of sand and 

 gravel and other minerals in the Sanctuary. 

 Moreover, NOAA does not agree that the 

 extraction of sand and gravel resources from within 

 the Sanctuary should be permitted on a case-by-case 

 basis. Notwithstanding the fact that no specific 

 proposals to conduct sand and gravel extraction 

 activities are presently being considered by DOI 

 (through the Minerals Management Service), and 

 that "extensive geological, geomorphic, physical, 

 oceanographic, and environmental factors" would 

 have to be analyzed before actual mining activities 

 could commence, sufficient documentation has been 

 presented regarding the negative environmental 

 impacts of such operations on Stellwagen Bank and 

 its surrounding ecosystems as to warrant a 

 prohibition on this activity. Moreover, sand mining 

 would remove the Sanctuary resource which is at 



the core of the designation of this Sanctuary; 

 protecting the Bank feature and its ecosystem. 

 Negative impacts of sand and gravel extraction 

 activities include alteration of the Stellwagen Bank 

 feature, which may affect continuation of seasonal 

 upwelling cycles caused by the Bank's presence, 

 which in turn supports the biological productivity of 

 the Stellwagen Bank ecosystem. Potential 

 associated impacts include alterations and 

 disruptions in population and migratory patterns 

 (involving fish, invertebrate, and cetacean species) 

 resulting from introduction of pollutants or 

 undesirable nutrients; degradation of water quality; 

 vessel noise; disruption or destruction of spawning 

 areas (especially those of Ammodvtes americanu? . 

 or sand lance, primary prey for humpback and fin 

 whales); and loss of food sources and habitat foi 

 planktonic, invertebrate, and fish species (includin;.', 

 the copepod Calanus finmarchicus . primary prey for 

 northern right whales). Ultimately, the commercial, 

 recreational, and scientific importance of the Bank 

 system would be adversely and permanently affected 

 by sand and gravel mining activities. 



Statements that "mitigating measures" could be 

 undertaken to minimize the environmental effects of 

 sand and gravel extraction do not address the 

 significance of the Bank feature, and thus the intern, 

 of this national marine sanctuary designation. 

 National marine sanctuaries are designated to 

 recognize and provide long-term protection loi 

 nationally significant, discrete marine systems, which 

 in this case is the Stellwagen Bank feature and it.s 

 ecosystem. While one of Title Ill's goals is to 

 facilitate multiple uses of sanctuary areas, the 

 nature and effects of such uses must be in 

 conformance with the primary statutory objective of 

 resource protection. Sand and gravel are basic 

 elements of the Stellwagen Bank feature and are 

 thus of primary importance to the continued 

 biological productivity made possible by the Bank's 

 presence. Alteration or removal of this core 

 Sanctuary resource undermines and conflicts wiih 

 the purposes of designation. "Mitigating measures' 

 to lessen the adverse impacts of sand and gravel 

 extraction would still result in an ecosystem 

 permanently altered by human activities 

 manipulating natural habitats and ecosystem 

 processes. 



