Abstract

The National Oceanic and Atmospheric Administration proposes to implement the Congressional designation of a marine area encompassing Stellwagen Bank, and situated approximately 3.5 miles northwest of Provincetown, Massachusetts as a national marine sanctuary.

The sanctuary is comprised of Federal waters and the underlying lands within a 638-square-nautical-mile area surrounding the Bank, which measures approximately 19 miles by 6.25 miles at its widest point. Water depths around the Bank range from 65 feet to over 300 feet.

The designation of Stellwagen Bank as a national marine sanctuary will provide a long-term integrated program of resource protection, research, and interpretation/education to assure comprehensive management and protection of the Stellwagen Bank system. Resource protection will involve cooperation with other agencies and organizations in formulating resource protection policies and procedures, including the enforcement of regulations affecting uses of the Bank's resources.

Cooperating agencies in the development of this final environmental impact statement/management plan document have included the U.S. Army Corps of Engineers (New England Division), U.S. Environmental Protection Agency (Region I), and the Massachusetts Coastal Zone Management Office.

Nine Sanctuary regulations are proposed for implementation. The first regulation prohibits the discharge or deposit of materials or other matter from within the Sanctuary boundary. The second regulation prohibits the discharge or deposit of materials or other matter from outside the Sanctuary boundary, that subsequently enter the Sanctuary and injure a Sanctuary resource or quality. The third regulation prohibits exploration, development, and production of "industrial materials" (e.g., sand and gravel) within the Sanctuary. The fourth regulation prohibits any construction, placement, or abandonment on the seabed of any structure or material, and prohibits any alteration of the seabed within the Sanctuary. The fifth regulation prohibits the movement, removal, or injury (or the attempt to move, remove, or injure) of any historical resource within the Sanctuary. The sixth regulation prohibits the taking of any marine reptile, marine mammal, or seabird within the Sanctuary (except as permitted by the Endangered Species Act, Marine Mammal Protection Act, or Migratory Bird Treaty Act). The seventh regulation prohibits "lightering" within the Sanctuary. The eighth regulation prohibits possession within the Sanctuary of any historical resource, or of any marine reptile, marine mammal, or seabird taken in violation of the Endangered Species Act, Marine Mammal Protection Act, or Migratory Bird Treaty Act. The ninth regulation prohibits interference with, obstruction, delay or prevention of investigations, searches, seizure or dispositions of seized property in connection with enforcement of Title III of the Marine Protection, Research and Sanctuaries Act or any regulation or permit issued under that Act.

Additionally, certain activities not currently proposed for regulation are identified in the Designation Document as subject to Sanctuary regulation if, in the future, the need to regulate is demonstrated as necessary for the protection of Sanctuary resources and qualities. Activities identified as subject to Sanctuary regulation are:

• exploration, development, or production of oil and gas resources within the Sanctuary;

• operation of vessels within the Sanctuary; and

• mariculture activities within the Sanctuary.

Alternatives to the proposed action include regulatory and non-regulatory management alternatives.

Research will include baseline studies, monitoring, and analysis and prediction projects to provide information needed in resolving management issues. Interpretive/education programs will be directed at improving public awareness of the Sanctuary's resources and the need to manage them wisely to ensure their continued viability and abundance.

Lead Agency:

U.S. Department of Commerce
National Oceanic and Atmospheric Administration
National Ocean Service
Office of Ocean and Coastal Resource Management
Sanctuaries and Reserves Division

Cooperating Agencies:

U.S. Army Corps of Engineers
New England Division
Waltham, Massachusetts 02254
U.S. Environmental Protection Agency
Region I
Boston, Massachusetts 02201

Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Coastal Zone Management Office
Boston, Massachusetts 02202

Contact: Mr. R. Randall Schneider, Regional Manager
Atlantic & Great Lakes
Sanctuaries and Reserves Division
Office of Ocean and Coastal Resource Management
National Ocean Service/NOAA
1305 East-West Highway
Silver Spring, MD 20910
(301) 713-3132

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Revised January 23, 2006 by Stellwagen Bank National Marine Sanctuary Web Group
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