MASSF:ST VJiRITIME DEPARTMENT, EAST BLDG II. FISH PIER. 



NORTHE="; WENUE, BOSTON. MA 02210 (617) 973-5354 FAX (617)973-5357 



VIA ov;?j:iGnT courier 



Aaril B. 1591 



Mr. Joseph A. t-'favicch, Chief 



Sanctuaries and Reserves Division 



Office of Ocean and Coastal Resource aanagement 



Naticr.al Ocean Ser-/ices/t;OAA 



1325 Ccnnecticut Avenue, N.I.. Suite No. 714 



Dashi:;S:on. DC 20225 



Subject: Do cket No. 9009t2-02t2. R IN 0648-AC94 



Stellvagen 3ar.>. National .lar-ne Sanctuary Regulations 



Dear -r. Uravitch: 



3y Federal Register publication on February 8. 1991. the Office 

 of Oc-an and Coastal Resource Management (0CF.1) . National Ocean 

 Servic. (NGS). National Oceanic and Atmospheric Administration (NO^O . 

 Dspa--=pnt of Commerce (DOT) proposed the designation oi 453 square 

 naut^C'- miles of ocaan »3ters over and surrounding Steilvagen BanK as 

 a nali^nal marine sanctutry. As justification for the -commended _ _ 

 selection of this area, NOAA .rplains that (1) S'-ellvag r. Sank -s o. . 

 J.,, j-i -atu-e that «ill permit comprehensive and coordinated 

 co;;er;;at"ion and management efforts; (2) This area is or special 

 national significance due to its resources and human-use va.i.., {.) 

 Cur-a-.t management by Federal and State authorities is_not_ 

 s„i,.-. ...n^l„ adequate to insure coordinated and comprehensive 

 cons = r.-ation, supervision, resource protection, scientiric rescarc 

 and education of the general public; and (4, Designation of .tell.agon 

 Bank as a national marine sanctuary will supposedly correct the 

 alleged uncoordinated management practices named m Item (3) above. 



Once the proposed designation document is finaliied, most 

 acfvities in and around Stellvagen Bank uould pass to NOAA contro-. 

 ^j,jv. -..■-. •Commercial Vessel Ooerations* and -Dredged Material 

 D.-soosIr. the future regulation of vbich is of particular interest to 



the Massachusetts Port Authority. 



The Hassachu 

 is a body politic 

 the lavs of the Coi 

 responsible, among 

 protictins the vat 

 out these responsi 

 Public Container T 

 Marine Terminal (C 

 Base), and the Mas 

 the principal gene 

 Authority also ovn 

 Harbor at which ca 



.setts Port Authority (hereinafter 

 and corporate, organized and exist 

 immonvealth of Massachusetts. Massp 

 other things, for promoting, deve 

 erbonie commerce of the Port of Bo 

 bilities MPA ovns and/or operates 

 erminal (John F. Moran Docks), the 

 ;astle Island) the Black Falcon Cru 

 sport Marine Terminal. While Moran 

 ral cargo facilities of the Port o 

 s certain other maritime propertie 

 rgo is handled in lesser amounts. 



Massport or MPA) 

 .ng by virtue of 

 lort is 

 loping and 

 ston. In carrying 

 the Boston Mystic 



Paul S. Conley 

 .ise Terminal (Army 



and Conley are 

 f Boston, the 

 s withi-n Boston 



MASSPORT 



1. Designation of the Stellwagen Bank 

 National Marine Sanctuary will not pass 

 to NOAA control of commercial vessel 

 operations and dredged material dis- 

 posal. Existing authorities related to 

 these activities will continue, subject 

 to Sanctuary certification only if the 

 activity in question is prohibited by 

 Sanctuary regulations. With regard to 

 commercial vessel operations, see 

 generic response K.2. With regard to 

 dredged material disposal, see generic 

 responses D.l. and D.4. 



c2.. 



During fiscal 1990, some l,120,2i^9 tons of general commodities, 

 consisting mostly of consumer goods, passed over Port Authority piers 

 generating an estimated SI. 02 billion in local and regional economic 

 benefits. IThereas some 6,000 people, currently employed by custom 

 house brokers, foreign freight forwarders, truckers, cargo 

 consolidators. stevedores, ocean common carriers, steamship agents, 

 Shi? chandlers, etc., owe their livelihood to the working Boston 

 waterfront, Massport continuously monitors proposed new regulations to 

 insure that If finalized, they do not in any way erode the 

 aforementioned job opportunities by unfavorably impacting the 

 commercial operations of the Port. 



~ CO MM£RCIAL VESSEL OPERATIONS : In its proposed rulemaking NO.AA 

 recognizes the Stellwagen Bank area to be the ' gateway t o the maritime 

 commerce of Massachusetts '. Presumably, this is one of the reasons 

 that regulation of vessel traffic is currently not recommended. 

 However, NOAA apparently does intend to identify commercial ship 

 ope-ations as «n activity subject to sanctuary oversight - thereby 

 reserving the right to regulate vessel speeds in the event that future 

 investigations should develop incidences of cetaceans ship strikes. 



Kindly take note that containerships, cruiseships and other 

 liner vessels engaged in the transportation of cargo or passengers in 

 the U.S. foreign and domestic oceanbome trades operate on timetables 

 that ire predetermined and filed. Translated into the real world of 

 •just-in-time' Inventory requirements, providing quality service to 

 the exporting and importing community means arriving in a given port 

 on a day-certain and often, at a specific hour. There is little room 

 on steamship lines schedules for discovering circuitous routes or 

 decelerating ships speed. 



2. In the event NOAA determines a need 

 to consider Sanctuary regulation of 

 commercial vessel traffic, any proposed 

 regulation would be open to public 

 review and comment before a final agency 

 decision. 



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