Part 2, Sec. 4B
Administration -
Resource Protection: Roles and Responsibilities

B. Resource Protection: Roles and Responsibilities

1. Sanctuaries and Reserves Division

• Approves priorities for funding for resource protection;

• Monitors the effectiveness of interagency agreements for surveillance and enforcement and negotiates changes where required;

• Develops contingency and emergency-response plans and based on these plans, negotiates applicable interagency agreements;

• Monitors the effectiveness of existing Sanctuary regulations and promulgates changes where necessary;

• Coordinates efforts to protect and manage Sanctuary resources with other Federal, State, regional and local agencies, and with public and private organizations; and

• Ensures involvement of commercial and recreational fishery interests in Sanctuary resource protection issues, through participation in the Sanctuary Advisory Committee and by other appropriate means.

2. Sanctuary Manager

• Recommends to the SRD priorities for allocation of funds annually to resource protection, considering the advice of the SAC to ensure consistency with Sanctuary regulations and provide adequate resource protection;

• Assists in the coordination of surveillance and enforcement activities by providing liaison with the Federal, State, regional and local agencies;

• Coordinates regularly with commercial and recreational fishery representatives, primarily through the Sanctuary Advisory Committee, on resource protection issues affecting fisheries;

• Reports regularly to the SRD on surveillance and enforcement activities, and emergencies;

• Provides information for use in training Sanctuary enforcement officials;

• Monitors and evaluates the adequacy of emergency-response plans and procedures in the Sanctuary;

• Maintains a record of emergency events (e.g., oil spills) in and around the Sanctuary; and

• Evaluates overall progress toward the resource protection objectives of the Sanctuary program and prepares semi-annual and bi-monthly progress reports highlighting activities for the SRD.

3. Sanctuary Advisory Committee

• Advises the Sanctuary Manager on the effectiveness of interagency agreements for surveillance and enforcement;

• Advises the Sanctuary Manager on the effectiveness of the Sanctuary regulations in providing adequate resource protection; and

• Recommends improved methods of resource protection.

4. Federal Agencies

• NMFS works closely with Massachusetts Division of Marine Fisheries, under the Magnuson Fishery Conservation and Management Act (MFCMA), on approving and enforcing Fishery Management Plans (FMPs) prepared by regional fishery management councils to ensure protection of fishery resources;

• NMFS implements the Marine Mammal Protection Act and provisions of the Endangered Species Act. Shares responsibility with the USFWS for provisions of the Endangered Species Act to prevent taking of any endangered species;

• USCG holds broad responsibility for enforcing all Federal laws throughout the Sanctuary, including coordination with NMFS on enforcement of Fishery Management Plans.

• USCG and NMFS ensure enforcement of Sanctuary regulations;

• USCG provides on-scene coordination and Regional Response Center facilities under the National Contingency Plan for the removal of oil and hazardous substances in the event of a spill that threatens the Sanctuary;

• EPA implements regulatory responsibilities regarding sewage outfalls (Clean Water Act, via the National pollutant Discharge Elimination System (NPDES) permits); and ocean dumping (Title I of the Marine Protection, Research and Sanctuaries Act) to protect water quality;

• The Corps of Engineers grants, based on EPA guidelines, permits for disposal of dredged materials at EPA-designated disposal site, and monitoring effects of disposal activities. Grants permits (under Rivers and Harbors Act) for marine construction, excavation or fill activities in any navigable waters of the U.S. (33 U.S.C. § 403). The COE may refuse to issue permits on the basis of threats to navigation or potential adverse effects on the environment;

• MMS leases and permits (under Outer Continental Shelf Lands Act Amendments) marine mining activities for resources other than hydrocarbon resources, subject to safety and environmental regulations.

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