Stellwagen Bank FEIS/MP Appendices 



Page G8 



resources by listing the activity as "subject to 

 regulation" at the time of Sanctuary designation. 

 Moreover, the general regulatory prohibitions 

 against alteration of, or construction on, the seabed 

 and discharges into the Sanctuary would prohibit 

 most of the activities involved in exploration, 

 development, and production of hydrocarbon 

 resources. 



Based upon these considerations, there appears to 

 be little or no reason to specifically prohibit oil and 

 gas activities in the Sanctuary at this time. Should 

 proposals be forwarded in the future for 

 hydrocarbon activities involving the Stellwagen Bank 

 area, NOAA will be able to analyze the need to 

 specifically prohibit or otherwise restrict such 

 activities at that time, by initiating a rulemaking 

 process, which is open to public review and 

 comment. Listing this activity in the designation 

 document as "subject to regulation" provides NOAA 

 the abihty to take such actions should the necessity 

 arise in the future. In order to prevent the necessity 

 of repeating the entire Title III designation process 

 to institute a new Sanctuary regulation, NOAA must 

 identify this type of activity in the designation 

 document as "subject to regulation" at the time of 

 Sanctuary designation, which it has done. 



F. LIGHTERING 



Lightering Should Not Be Permitted Inside The 

 Sanctuary. 



Many commenters expressed concern that lightering 

 activities (transfer of petroleum products from one 

 vessel to another) to allow smaller vessels to 

 transport such products into Boston Harbor could 

 cause harm to Sanctuary resources and qualities. 



NOAA Response : Prior to development of the 

 FEIS/MP document, NOAA was unaware that 

 lightering ever occurred in proximity to the 

 Sanctuary. Investigation into the occurrence of this 

 activity has indicated that lightering may 

 occasionally occur outside the entrance to Boston 

 Harbor area. Because there is apparently at least 

 some incidence of lightering occurring infrequently 

 in the general area of the Sanctuary, and because of 

 the threat of harm to Sanctuary resources from 

 accidental spillage, NOAA agrees with commenters 



that lightering should not be permitted within the 

 Sanctuary boundary. NOAA has thus prohibited 

 lightering in the Sanctuary. 



G. MARICULTURE ACTIVITIES 



Mariculture Activities Should Be Prohibited In the 

 Sanctuary. 



Many commenters supported a prohibition on any 

 mariculture-related activities within the Sanctuary. 

 Several reasons were stated for this position, 

 including: potential conflict with vessel traffic: 

 possible adverse impacts on marine mammals and 

 seabirds resulting from entanglement in nets; ami 

 possible negative effects on water quality generall>. 

 Commenters supporting a prohibition on 

 mariculture activities in the Sanctuary included: 

 Urban Harbors Institute/University of 

 Massachusetts at Boston; Town of Dennis; Center 

 for Marine Conservation; Stellwagen Bank 

 Coalition; Cape Ann Vessel Association; Atlantic 

 Cetacean Research Center; Massachusetts Marine 

 Educators; Save the Harbor/Save the Bay: 

 Gloucester Fishermen's Program; Gloucester 

 Fishermen's Wives Association; Cetacean 

 Research Unit; New England Aquarium; American 

 Cetacean Society; and two fishing vessel captains. 

 Additionally, many individual citizens commented in 

 support of prohibiting this activity in the Sanctuary. 



Some commenters also raised objections to 

 mariculture activities because they constitute a 

 "private use" of public waters within the Exclusive 

 Economic Zone, thereby preventing other uses, sucii 

 as fishing. 



NOAA Response : NOAA has listed this activity as 

 subject to Sanctuary regulation. Both the existing 

 permit requirements for construction and operation 

 of an offshore mariculture facility, and the current 

 status of the American Norwegian Fish Farm, Inc. 

 proposal for establishment of two mariculture 

 facilities have resulted in NOAA's determination 

 that the granting of permits for conducting this 

 activity in a national marine sanctuary are extremely 

 unlikely. This determination is based upon COIL 

 guidance related to permits for fish pen mariculture 

 operations, which prohibits fish farms in 

 Congressionally, Presidentially, or Federally 



