As discussed below, however, the proposed action does not 

 adequately identify or assess possible effects and management 

 needs related to commercial and recreational fishing. Fishing 

 operations may result in harassment, possible area avoidance by 

 whales, incidental taking, entanglement in lost or discarded 

 fishing gear, and depletion of available food for marine mammals, 

 sea birds, and other species that contribute to the Bank's 

 special significance. Indeed, the effects of fishing activities 

 on the Bank's living marine resources could be as great or 

 greater than other activities which the Office proposes to 

 regulate. Therefore, the Marine Mammal Commission recommends 

 that: (1) the DEIS be expanded to provide a more thorough 

 description of the possible direct and indirect effects of 

 commercial and recreational fishing on marine mammals and other 

 species, and (2) the sanctuary designation document be expanded 

 to include commercial and recreational fishing as activities that 

 could be subject to regulation if new information indicates that 

 existing management authorities are not providing the level of 

 site-specific protection needed. 



3. 

 4. 



S. 

 7. 



In addition, the Draft Environmental Impact Statement should 

 be revised to: a) provide a more complete and accurate 

 description than it now does of available information on the 

 distribution and occurrence of humpback whales and right whales 

 in the proposed sanctuary area; b) identify and discuss the 

 relationships between the sanctuary management program and plans 

 and recovery programs for endangered whales, including actions 

 pursuant to a pending petition to designate certain areas in and 

 adjacent to the proposed sanctuary as critical habitat for right 

 whales; c) describe the legal authority for regulating the 

 discharge of substances and materials outside of sanctuary 

 boundaries when such discharges may affect resources within the 



sanctuary; d) reflect the need for communication and cooperation 

 euiiong regional fisheries organizations and sanctuary 

 administrators; and e) ensure that references to supporting 

 information are accurate and properly cited. 



2. Comments noted. NOAA has incof- 

 porated some discussion of marine 

 mammal/fishing gear conflicts at PART 

 TWO, Section II.B.2.g. The FEIS also 

 discusses generally existing authorities 

 related to the protection of marine 

 mammals, marine reptiles, and seabirds 

 from the effects of human activities, 

 including fishing activities. NOAA 

 believes that regulatory mechanisms are 

 currently in place to provide protection 



to marine mammals and other marine 

 species from potential direct and 

 indirect effects of commercial and 

 recreational fishing activities. 

 Documentation that these mechanisms are 

 not adequate, or not adequately en- 

 forced, provides the Sanctuary with the 

 opportunity to enhance enforcement 

 efforts. Also, as discussed at PART 

 TWO, Section II. C. 3., there is at least 

 some indication of occasional vessel 

 collisions with cetaceans. NOAA 

 proposes to identify operation of 

 vessels as subject to Sanctuary 

 regulation. See generic responses K. 

 and N.l. 



3. Population estimates have been 

 updated for Western North Atlantic 

 stocks of humpback whales, northern 

 right whales, and other cetacean 

 species, based on information made 

 available by the NMFS (see PART TWO, 

 Section II.B.2.f.). This NEPA document 

 is designed in part to provide an 

 overview of the living and non-living 

 resources, and the human activities 

 occurring in the Stellwagen Bank area. 

 NOAA does not believe it is required to 

 provide extensive and specific data on 

 species distribution and occurrence 

 within Sanctuary study areas, in order 

 to meet its mandates under 15 CFR Part 

 922, and to provide adequate informa- 

 tion upon which to determine the feasi- 

 bility of Sanctuary designation. 



4. NOAA has expanded discussion of the 

 Northern Right Whale to include infor- 

 mation on the status of the Right Whale 

 Recovery Plan, and the proposed critical 

 habitats nominated by the Right Whale 

 Recovery Team. NOAA anticipates close 

 coordination between the Sanctuary and 

 NMFS in implementation of Recovery Plan 

 measures, and critical habitat designa- 

 tion. Following designation of the 

 Sanctuary (and finalization of both the 

 Recovery Plan and Critical Habitat 

 designation, if appropriate) , the 

 Sanctuary will initiate discussions 

 with NMFS to more specifically identify 



ways in which the Sanctuary can assist 

 in Recovery Plan initiatives. 



5. Legal authority for regulating the 

 discharge or disposal of substances and 

 materials from outside Sanctuary 

 boundaries is found in Title III, 

 S 304 (c) , as implemented at 15 CFR Part 

 922.11. See discussion at PART THREE, 

 Section II.C.l. Page G32 



