Can the National Marine Sanctuary Program regulate fishing activities in the sanctuary?
No. Fishing is not an activity listed as subject to regulation in the sanctuary designation document. Therefore, it cannot be regulated without amending the designation document. Further, pursuant to the National Marine Sanctuaries Act (NMSA), the relevant fishery management council would be provided the opportunity to draft the Stellwagen Bank National Marine Sanctuary fishery regulations to achieve the desired resource protection objective. Any changes to the designation document would be narrowly constructed to address only the specific resource protection objective. The input of the New England Fishery Management Council, NOAA Fisheries and fishing communities will be sought as the management plan review progresses, and especially as issues are considered that may have a bearing upon fishing activities. Does the National Marine Sanctuary Program have authority under the NMSA to regulate fishing activities? Yes. Section 304(a)(5) of the National Marine Sanctuaries Act (NMSA) provide
