Stellwagen Bank FEIS/MP Appendices 



Page Gil 



demonstrate the need for vessel speed restrictions 

 to reduce marine mammals/vessel interactions, then 

 NOAA will propose a Sanctuary regulation 

 restricting vessel speeds. The activity of vessel 

 operation is therefore listed as "subject to Sanctuary 

 regulation." 



2. Year-Round or Seasonal Speed Limits Should 

 Be Imposed On Commercial Ships. 



A few commenters stated that NOAA should limit 

 the speed of commercial ships in the Sanctuary, 

 either on a year-round basis, or during the seasons 

 when cetaceans are present. Concern was also 

 raised, however, by the U.S. Coast Guard, that any 

 future Sanctuary regulation limiting commercial 

 vessel speed or changing vessel traffic patterns 

 affecting "safe navigation of vessels on the high seas" 

 must be first approved by both the U.S. Coast 

 Guard and, with respect to foreign vessels, the 

 International Maritime Organization (IMO). 



NOAA Response : NOAA is listing the operation of 

 all vessels in the Sanctuary as an activity "subject to 

 regulation." This action will allow NOAA to 

 propose specific regulation of commercial ship 

 operation in the future, if the need to do so is 

 demonstrated. 



The reduction of commercial vessel collision-related 

 cetacean mortalities is identified as a priority 

 objective in the Draft Right Whale Recovery Plan 

 (NMFS, 1990). Two recommendations are made to 

 address this objective: a) collection and analysis of 

 additional data on the areas and seasons of 

 potential vessel/cetacean conflict; and b) 

 investigation into strategies for reduction of 

 ship/cetacean collisions. Among specific actions 

 being considered to obtain this objective is the 

 restriction of vessel speed in "high risk" areas during 

 "high risk" seasons. In addition, the possibility of 

 on-board lookouts; shifts in traffic lanes; on-board 

 acoustical warning devices; detection technologies 

 (such as side-scan sonar); alternative vessel designs; 

 and satellite-tracking of transmitter-tagged cetaceans 

 are also discussed in the Right Whale Recovery 

 Plan. Although this plan focuses only on the 

 Northern Right Whale, the objective of reducing 

 vessel collisions with any marine mammal is clearly 

 an objective to be pursued by both NMFS and the 



Sanctuary. 



The NOS intends to work with NMFS in the 

 implementation of measures identified in the 

 Northern Right Whale Recovery Plan, the 

 Humpback Whale Recovery Plan, and other 

 measures identified to reduce vessel collision-related 

 injury and mortality of cetaceans. NOAA will also 

 work with the Coast Guard and the IMO to 

 investigate appropriate measures to reduce 

 incidence of vessel collisions. 



L. TAKING OF SEABIRDS 



The Proposed Prohibition On Taking Of Seabirds 

 Conflicts With Permits Issued Under Tli^f 

 Migratory Bird Treaty Act. 



A few commenters, including DOI, stated that the 

 Sanctuary prohibition on taking of seabirds 

 potentially conflicts with certain provisions of the 

 Migratory Bird Treaty Act, which allow for licensed 

 hunting of migratory birds, including sea ducks. 



Additionally, some commercial fishermen voiced 

 concern at public hearings on the proposed 

 Sanctuary that seabirds caught incidentally in fishing 

 nets would constitute a violation of the proposed 

 Sanctuary prohibition on taking. 



NOAA Response : NOAA is unaware of the 

 Sanctuary area being used for the hunting of se;i 

 ducks. However, the wording of the prohibition on 

 taking of seabirds has been modified to exclude any 

 such taking occurring pursuant to the provisions of 

 the Migratory Bird Treaty Act. Additionally, the 

 Migratory Bird Treaty Act has been included in 

 NOAA's discussion of existing Federal authorities 

 (see Appendbc B). Consultation with DOI's 

 Regional Fish and Wildlife Service office has 

 provided indication that the Migratory Bird Treaty 

 Act makes no provision for incidental take of 

 migratory birds, and thus any such unpermitted 

 incidental take in fishing nets is a violation of the 

 MBTA. However, the number of such incidentally 

 caught birds is extremely low, and no endangered 

 species appear to be involved. 



Seabirds are Sanctuary resources which should h^: 

 protected from harm or destruction. NOAA would 



