Part
2, Section 3B
Sanctuary Management Plan - Resource Protection
B.
Resource Protection
1. General
Context for Management
Designation
of the Stellwagen Bank National Marine Sanctuary will focus
public attention on the value of the area's resources. To ensure
enhanced, long-term protection for these resources, the Sanctuary
resource protection program will include: 1) coordination of
policies and procedures among agencies currently possessing
resource protection responsibilities; 2) participation by other
agencies in the development of new procedures to address specific
management concerns (e.g., long-term monitoring and emergency-response
programs); and 3) enforcement of Sanctuary regulations, in addition
to enhancement of enforcement of regulations already in place.
2. Designation
Document and Sanctuary Regulations
A
summary of existing regulatory mechanisms applicable in the
area of the Stellwagen Bank National Marine Sanctuary is presented
in Part Three, Section I (Status Quo Alternative). Sanctuary
designation will have no direct effect on these existing regulations.
The Designation Document (Appendix A) describes the relationship
between the Sanctuary's regulatory program and other regulatory
programs. The Designation Document also includes:
•
a list of activities subject to regulation immediately upon
the Sanctuary's designation, or in the future;
•
regulations for specified activities; and
•
provisions for establishment of additional regulations,
as necessary.
To
ensure protection of Sanctuary resources and conservation of
the Stellwagen Bank ecosystem, NOAA proposes additional regulations
governing generally discharges and disposals, alterations of
the seabed, development of industrial materials, placement of
submerged cables or pipelines, incineration of trash, lightering,
taking of historic/cultural resources, and disturbance of marine
mammals, sea turtles, and seabirds.
a. Discharges
and Deposits
Discharges
and deposits of materials within the Sanctuary are prohibited.
Discharge or deposit from beyond Sanctuary boundaries is also
prohibited if the substance or material discharged enters the
Sanctuary and injures any Sanctuary resource or quality. Excluded
from these prohibitions are discharge or deposit of fish wastes
and bait; marine sanitation device effluents; water generated
by routine vessel operations (such as deckwashings); and engine
exhaust.
b.
Alteration of the Seabed
Dredging,
excavation, or any other alteration of, or construction on,
the seabed within the Sanctuary is prohibited. Excluded from
this prohibition are temporary alterations to the seabed which
may result from traditional fishing operations.
c. Development
of Industrial Materials
All
phases of developmental activities connected with the extraction
of industrial materials (e.g., sand and gravel resources) are
prohibited throughout the Sanctuary.
d. Submerged
Pipelines and Cables
The
installation or placement of pipelines and cables within the
Sanctuary is prohibited to ensure protection against possible
adverse environment effects on resources, qualities, or habitat
areas of the Sanctuary.
e. Incineration
of Trash
The
incineration of trash and waste from onboard vessels is prohibited
throughout the Sanctuary to ensure prevention of any adverse
environmental effect to resources or qualities of the Sanctuary.
f. Lightering
Activities
The
transfer of petroleum-based products from one vessel to another
is prohibited anywhere within the Sanctuary, to prevent the
possibility of accidental spillage and thus better protect Sanctuary
resources and qualities.
g. Historical
and Cultural Resources
It
is necessary and desirable to protect and manage, for the long-term,
any historical or cultural resources located in the Sanctuary.
It is the responsibility of NOAA, as a Federal agency, under
Section 110 of the National Historic Preservation Act, to "locate,
inventory and nominate to the Secretary (of the Interior) all
properties under the agency's ownership or control..." The intentional
removal, taking, or injuring, or the attempt to remove, take
or injure any historical or cultural resource in the Sanctuary
is prohibited. Any activities resulting in the discovery or
finding of such resources will be carefully investigated to
determine their historical or cultural significance. This prohibition
will be applied to any such resource determined to be historically
or culturally significant.
h. Taking
of Marine Mammals, Marine Reptiles, and Seabirds
The
taking of any marine mammal, marine reptile (sea turtle), or
seabird in or above the Sanctuary is prohibited. Exempted from
this prohibition are takings of marine mammals which occur incidentally
to commercial fishing operations, covered by §114 of the
Marine Mammal Protection Act (MMPA), as amended in 1988 (P.L.
100-711). Also exempted from this prohibition are takings permitted
under the MMPA, Endangered Species Act (ESA), or Migratory Bird
Treaty Act (MBTA).
3. Contingency
Plans for Major Emergencies
Resources
of the Sanctuary are susceptible to both natural and human-related
changes. Because many of these changes are gradual in nature,
they may only be detected or forecasted through long-term monitoring
of environmental indicators. Certain changes in conditions,
however, may result from specific, dramatic events (e.g., oil
or other toxins introduced into the environment through an accidental
vessel collision), and pose serious threats to resources and
public health and safety.
Under
the National Contingency Plan, removal of oil and other hazardous
substances from the marine environment is the responsibility
of Regional Response Teams, directed by the U.S. Coast Guard
Marine Safety Office. The Teams will receive scientific support
from NOAA, and assistance from other appropriate Federal and
State agencies.
The
Oil Pollution Control Act of 1990 (33 U.S.C. § 2701) requires
the preparation of contingency plans for individual vessels.
These plans are reviewed by the U.S. Coast Guard.
Added
protection for Stellwagen Bank resources will be provided through
ongoing Sanctuaries and Reserves Division monitoring and assessment
of Sanctuary preparedness for emergency situations. SRD's actions
will incorporate continuing dialogue and information exchange
with government, industry and private response teams, in order
to enhance support in detection, assessment and clean-up capabilities
applicable to the Stellwagen Bank system.
SRD
is developing a National Marine Sanctuary Program contingency
and emergency-response plan, with a specific prototype being
developed for the Channel Islands National Marine Sanctuary.
Sanctuary-specific contingency and emergency-response plans
will be prepared for each site in the National system, including
Stellwagen Bank. The plan developed for Stellwagen Bank will:
• outline
and describe emergency-response procedures and coordination
requirements for SRD and Sanctuary staff;
• provide
a geographic information system (GIS) depicting resources at
risk;
• outline
procedures for emergency research;
• provide
guidelines for damage assessment.
In
conjunction with the SRD contingency/ emergency-response plan,
cooperative agreements may be formulated to improve spill detection
programs and to enhance containment capabilities (i.e., through
additional deployment plans, equipment, and staff). Such additional
efforts will be closely coordinated through the Sanctuary.
4. Encouraging
Compatible Uses of the Sanctuary
An
important element of resource protection for the Sanctuary is
the encouragement of public uses of the site that are compatible
with the overall objective of long-term resource and system
protection. SRD will foster such compatible public uses by initiating
the following actions:
•
monitor commercial and recreational activities within the
Sanctuary; and encourage other agencies to undertake similar
actions and to improve overall detection of areas for particular
management concern;
• exchange
information on commercial and recreational activities occurring
within the Sanctuary;
• consult
with other agencies on proposals and policies for management
of activities which may affect Sanctuary resources; and
• develop
materials designed to enhance public awareness and appreciation
of Sanctuary resources and show the need for their protection.
Anticipated
monitoring and information exchange activities are discussed
below under Research (Subsection C); and development of public
materials is also discussed below under Interpretation (Subsection
D).
5. Surveillance
and Enforcement
Essential
to the resource protection program is surveillance of Sanctuary
waters and enforcement of Sanctuary and other applicable regulations.
The U.S. Coast Guard has broad responsibility for enforcement
of Federal laws in navigable waters under U.S. jurisdiction.
In the Sanctuary proposal area, enforcement of laws pertaining
to fishing harvests are cooperatively the responsibility of
the U.S. Coast Guard, the National Marine Fisheries Service
(NMFS), and the Commonwealth of Massachusetts (through its Division
of Environmental Law Enforcement, within the Massachusetts Department
of Fisheries, Wildlife and Environmental Law Enforcement). Within
the exclusive economic zone, responsibility for enforcement
of fishing regulations is shared among these agencies.
Designation
of the Sanctuary broadens the enforcement responsibilities of
the U.S. Coast Guard with respect to Sanctuary regulations.
Should analysis of human use patterns indicate the need for
additional surveillance of the Sanctuary, then NOAA will provide
for increased enforcement to strengthen resource protection.
An evaluation of Sanctuary enforcement effectiveness will be
conducted within two years and annually thereafter.
a. Public
Education and Information
The
Sanctuary interpretive program will inform users of the need
to use Sanctuary resources wisely. Means for accomplishing this
objective will include brochures and other written materials
concerning Sanctuary regulations and their purpose. These materials
will be available to all Sanctuary users.
b. Planning
and Coordination
The
results of Sanctuary research and surveillance-enforcement activities
concerning visitor use patterns, frequently-occurring violations,
and potentially sensitive resources will be incorporated into
the agendas of periodic meetings between the Sanctuary Manager
and enforcement agency personnel, to assist in determining the
adequacy of Sanctuary surveillance.
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