Shipwreck Divers

News and Updates:
 

 

10/06/08 - Public commenting period has ended - what happens next?

The public commenting period has ended on October 3, 2008.  We wish to thank all of you who participated whether it was by attending a public commenting forum, submitting written comments, helping to spread the word and keep awareness up – or all of the above. The dive community had a very strong showing and gave a clear message to NOAA that we’re here and we demand consideration as a stakeholder group in decisions made concerning access and management of shipwrecks.

Click here to read public comments submitted by Heather Knowles

So, you might be wondering, "What happens next?"

The Draft Management Plan (DMP) you commented on is one of a series of documents that will ultimately lead to a new "construct" for how Stellwagen is managed. This DMP contains an Environmental Assessment (EA), which is one step in a very long process where the problems are identified, so that management strategies – that may ultimately lead to changes – can be proposed. That is what you have seen. What happens next can take a number of forms and the timeline is uncertain. For one, the National Marine Sanctuaries Act is a piece of legislation that needs to be "re-authorized" every so many years. This is currently within Congress. It needs to be reviewed, debated, voted on and ultimately signed by the President. Being that we’re nearing an election and an administration is about to change, there will be delays in this reauthorization legislation. This affects budgets and funding for programs – and management plans. Once a management plan is finalized though, the process of creating an "Environmental Impact Statement" or "EIS" may begin if it’s needed to implement management strategies outlined in the previous document. If the sanctuary "designation document," which contains the actual regulatory language in the Code of Federal Regulations (CFRs) is to be changed, this is where you will see those changes written out. This is another document that will be released to the public and commented on. For example, if access to shipwrecks is going to be restricted and the criteria for getting access is defined; it would be in this document. This process could take on the order of years. So, do not expect to see something happen immediately.

None of this is to say your efforts have been in vain. The process of creating sanctuaries and developing the best management paradigm for them takes the "long view" – and thus it can take years to effectively bring about an action and implement it. That’s bureaucracy for you.


So, in summary, what happens next is this:

  • The public comments go to the sanctuary staff and NOAA. They are reviewed and comments may be incorporated as changes to the plan should they be consistent with the overall objectives and vision for the sanctuary. In other words, they can ignore everything we said. We hope they don’t.
  • The Management Plan document is finalized and put into effect.
  • If the Management Plan calls for regulatory changes and the sanctuary wants to implement them via changing the sanctuary’s designation document, they can do this in the form of an EIS document. This will be released to the public and commented on in the same manner as was done for the DMP/EA.
  • When an EIS is finalized with the designation document changed, this will be the true point at which your access can be affected.

In the meantime, you can and should visit the sanctuary and dive there. You need to follow the current regulations. Below are the only sanctuary regulations in effect as of October 2008:

As it relates to diving:

Prohibited or otherwise regulated activities (excerpt from 15 CFR 922.142:):

(3) Drilling into, dredging or otherwise altering the seabed of the Sanctuary; or constructing, placing or abandoning any structure, material or other matter on the seabed of the Sanctuary, except as an incidental result of:

(i) Anchoring vessel;

(ii) Traditional fishing operations; or

(iii) Installation of navigational aids.

(4) Moving, removing or injuring, or attempting to move, remove or injure, a Sanctuary historical resource. This prohibition does not apply to moving, removing or injury resulting incidentally from traditional fishing operations.

(7) Possessing within the Sanctuary (regardless of where taken, moved or removed from), except as necessary for valid law enforcement purposes, any historic resource, or any marine mammal, marine reptile or seabird taken in violation of the Marine Mammal Protection Act, Endangered Species Act or Migratory Bird Treaty Act.

The important work to keep access open for divers will continue – and the dive community’s commitment to the process is critical!

 


08/11/08 - Public commenting period extended to October 3, 2008

The Stellwagen Bank National Marine Sanctuary Draft Management Plan public commenting period has been extended to October 3, 2008.  There's still time to get your comments in!

The transcripts to the public meetings have been posted here.


05/30/2008 - Diving and Maritime Heritage Constituency Letter Posted

This letter directed to the Diving and Maritime Heritage constituency contains information about the Draft Management Plan, how to obtain additional information and how to comment. Also included is a listing of public commenting locations.  Click here to down load the letter!


05/11/2008 - Initial feedback on the DMP is posted; information on the next SAC meeting

We have posted initial feedback and comments on the DMP as it related to Maritime Heritage Resources.

http://shipwreckdivers.org/response.shtml

The next Sanctuary Advisory Council Meeting is scheduled for June 12, 12-5 pm in Hyannis, MA.  This is also the same day as a public commenting session.  The SAC meetings are open to the public - consider attending the SAC meeting and participating in the public commenting session beginning at 6:30 pm that day.

Begin submitting your comments now!

http://stellwagen.noaa.gov/management/mpr/draftplan.html

 

Stellwagen Bank National Marine Sanctuary

175 Edward Foster Road

Scituate, MA 02066

 

You can also send your comments via email.

 


05/07/2008 - Draft Management Plan (DMP) has been released

While we organize our comments and prepare to roll out our strategy for public commenting and the identification of the issues we intend to focus on, you can find the key information on the DMP and supporting material here:

The 2008 Draft Management Plan (DMP) for Stellwagen Bank National Marine Sanctuary
http://stellwagen.noaa.gov/managemen...draftplan.html

The document is complex and long, but the accompanying Stellwagen Bank Notes newsletter can serve as a high level review/guide while reviewing the DMP:
http://stellwagen.noaa.gov/managemen...banknotes.html

Public commenting sessions have been scheduled and you can find the dates and times here:
http://stellwagen.noaa.gov/management/mpr/calendar.html

More information to come!


04/02/2008 - Update

The next Sanctuary Advisory Council meeting is scheduled for May 6, 2008.  The Draft Management Plan (DMP) will be released at that meeting.  The 90 clock for public commenting will begin on May 6.  At that time, NOAA will publish information on how to submit comments. Comments cannot be accepted before that time.  We will soon be publishing information on how you can comment, where to direct your comments and our views on the DMP once we have had a chance to review it.  This is an important time to get organized and ready to advance the dive community's views on management of Stellwagen Bank National Marine Sanctuary.  Stay tuned!


03/05/2008 - Update

NOAA's Stellwagen Bank National Marine Sanctuary has announced new members of the Sanctuary Advisory Council.

 

Heather Knowles named as the Primary Diving Member

Bob Foster named as the Alternate Member

 

The creation of this seat marks a great accomplishment for the dive community in being recognized by NOAA as an important stakeholder and user group in the Sanctuary.  Having a presence at the SAC will ensure that both the Sanctuary's and the diving community's interests are considered in the management of SBNMS.

 


12/17/2007 - Update

It has been awhile since this site has been updated, but we have still been busy.  We have continued the important work to advocate for a stronger position for the dive community with respect to the management of Stellwagen Bank NMS and the upcoming management plan revision.  There has been progress made to date, and this should be pointed out in credit to both groups.

Positive changes:

- The Stellwagen Bank official website has been overhauled and now includes some information on Sanctuary shipwrecks, including diving photos and video clips.  There is information on the website about diving conditions and diving activities.

- The most recent Sanctuary newsletter listed out dive charter operations that visit Stellwagen.

- The staff from Stellwagen has been more accessible to the dive community, attending Bay State Council of Divers meetings as well staffing the Sanctuary's booth at Boston Sea Rovers.  Divers have had the opportunity to speak with them first hand.

- The Sanctuary Advisory Council recognized the presence of this user group and created two new seats on the SAC, one of which is a Diving seat.  Finally, the dive community will have a voice at the SAC and this is significant progress.  Applications are currently being accepted.

We encourage all divers to continue to remain informed about the activities and happenings around Stellwagen, especially in the new year as the management plan will likely be released in the first half of 2008.  Please use the petition to provide comments and try to attend the official public comment periods in your area when they are announced.  We feel it is important to point out the positive steps the Sanctuary has taken to interact and involve the dive community because the intent of our work is to challenge the Sanctuary in order to ensure that divers have a voice and can access dive sites.  In the end, we wish have a collaborative relationship, not an acrimonious or distrustful relationship.

 


6/8/06 - Wreck Diving Magazine publishes an interview with NOAA's Craig MacDonald

Wreck Diving Magazine's Joe Porter was able get approval for an official interview with Stellwagen Bank National Marine Sanctuary superintendent Craig MacDonald where they discussed several aspects of the management plan revision process in response to diver concern.

Click here to read the interview.  Click here to read our response (in PDF format).


3/30/06 - Stellwagen Bank National Marine Sanctuary issues letter to Boston Sea Rover attendees:

This letter was addressed to Boston Sea Rovers Clinic attendees, but not widely circulated. Click here to read the letter concerning management plan updates and potential changes.


12/12/05 - Blue Sphere Pubs scuba diving website covers Stellwagen Bank NMS issue:

A Northeast scuba diving website, Blue Sphere Pubs, covers some of the issues pertaining to the management plan revision for Stellwagen Bank National Marine Sanctuary.  Craig MacDonald, superintendent of SBNMS is interviewed.  We were also interviewed for a counter-response, but only a small portion of them were included in the article.

http://bluespherepubs.com/pages/stellwagen.html

Click here to read the complete set of responses provided to Jerry Shine.


10/7/05 - Stellwagen Bank Response and Counter Response

Stellwagen Bank has formally responded to our petition stance.  Click here to read their letter.

According to the Stellwagen Bank National Marine Sanctuary website (http://stellwagen.noaa.gov/management/mpr/mprhome.html):

“From November 2003 through April 2004, the 12 working groups will hold a series of meetings to develop Action Plans that provide options for Sanctuary management in these priority areas. The Sanctuary Advisory Council will review the plans and forward their recommends to the Sanctuary superintendent. The Sanctuary, working with NOAA headquarters, will prepare a draft management plan that will then go out for public comment. After receipt and review of comments, a final management plan will be released (expected in early 2005).”

Use of words such as “options” and “recommendations” implies that the Action Plans developed by each working group would be considered in the development of the draft management plan.  To say that reports of diver access being severely restricted are inaccurate is in it of itself inaccurate if these action plans have any significance at all.  While the plans may be nothing more than “advice”, they were published and the Sanctuary Advisory Council accepted the MHR action plan with consensus.  It is not unreasonable to assume that these will be the recommendations forwarded to the Sanctuary superintendent, which will be the starting point for assembly of the draft management plan.  The belief that access will be restricted or highly regulated on many of the shipwrecks in Stellwagen is not invented.  It is based off careful reading of the Action Plan, the Sanctuary Advisory Council (SAC) Minutes from 20 October 2004 and feedback obtained from diver members of the Working Group, who believe that the concerns of the dive community were not heard and considered.  Ultimately, if the draft management plan reflects something different than what was recommended by the working group and approved by the SAC, something more reasonable and fair, then we will have accomplished what we sought to do.

For reference: http://stellwagen.noaa.gov/management/sac/sacsumoct20.pdf

See page 40 for voting record of Sanctuary Advisory Council Members.  The recommendations (Action Plan) generated by the Maritime Heritage Resources Working Group was accepted with a vote of: 12 (yes), 0 (no), 2 (abstain).

While the sanctuary’s contributions to the diving public are appreciated and welcomed, we are not here to discuss fish counts and fish identification.  We are concerned quite specifically with restrictions imposed on shipwreck exploration.  The sanctuary has done little to outreach to the diving community about shipwrecks available for visitation through diving.  If the sanctuary had done otherwise with respect to shipwreck exploration, one might believe it would have been mentioned in the letter.  Where would one go to find information on diving shipwrecks in Stellwagen?  If the sanctuary truly wants divers to visit these wrecks, then one would think more would be done to facilitate that.  On at least one occasion, the sanctuary has required recreational divers to sign non-disclosure agreements to visit sanctuary shipwrecks.  This is a fact.  There is nothing in the current regulations that prohibits diving on shipwrecks in the sanctuary and certainly there is no basis for requiring divers to sign such documents.  We would like to hear a public response on this issue. 

We are pleased to hear that the sanctuary is encouraging divers to carefully review the Action Plan.  We are only asking the diving public to do the same and draw their own conclusions.  We have drawn ours.  Thus far, the comments of those signing the petition agree with our conclusions, suggesting that there are serious problems with the recommendations related to this management plan revision process.

 


10/6/05 - Contact info for U.S. Representatives and U.S. Senators, as well as a template form letter uploaded:

Write to our elected officials and ask for their help!  Click here for a word document form letter stating our position and requesting their assistance.  You can download this letter, add your contact info as well as the representative to whom you are writing, and then mail it.  If you wish to modify or add to the letter, you may do so.  This is a template provided for convenience.

You can find contact information for your representatives here:

The United States Senate: 

A list of U.S. Senators can be found here.  This list can be sorted by State 

The United States House of Representatives: 

A list of all US Congressional Representatives (sorted by State) can be found here.

To find a Representative in your district within your state, click here and enter the appropriate information.

 


 
9/20/05 - Shipwreck Divers website launched

Page last updated: October 6, 2008