T R A D E P A T T E R N S
Lawrence River would be incompatible with commercial shipping and port operations, as well as with the Great Lakes Pilots' duties of ensuring naviga- tion safety and protecting the marine environment." It says the sanctuary could result in restrictions on speed maneuvering and anchoring, which would be "ill-advised." APA also raised safety concerns about encouraging divers to explore wrecks within the river - especially since some diveable wrecks are within active ship- ping lanes. It objected to language within the Draft Environment Impact Statement that "Implementing Alternative 1 would have no impact on commercial shipping ... because commercial vessels would not be affected by the proposed sanctu- ary regulatory concepts." The impact statement also says that these regulations would apply only to protection of underwater cultural resources and would not impede the operation of vessels. APA has no objections to Alternative 2. The AGLPA has also objected to Alternative 1 for similar reasons. It has raised the question of whether these sanctuaries could conflict with future disposal sites for dredged material and urges NOAA to consult with the Corps. In the end, the debate over marine sanctuaries is not about whether to pre- serve shipwrecks. All parties involved agree it's a worthwhile goal. It's about a familiar topic - how to respond to the increasing scope of federal regulation. It's not that anyone opposes preserving shipwrecks," Fisher says. "Everyone thinks it's great. But why do we need a new layer of federal regulatory enforcement? Those wrecks are already protected by the states." Fisher sketches out various scenarios, such as a Great Lakes vessel encounter- ing a sudden storm forcing it to anchor in a protected area. What if it damaged a wreck whose location was not previously mapped or known? Would the vessel's owners incur liability or civil penal- ties-even if it was acting prudently for safety's sake and protecting lives? It's not necessarily what is being regu- lated today that worries him, says Fisher; it's what might be regulated tomorrow or in a few years if new officials in NOAA decide they want to restrict certain activities. Fisher's concern is that once a regulatory regime is established, it can be added to or expanded without action by Congress - by a simple rulemaking. Green points out that even a rulemaking requires further public comment and stakeholder input.
David Murray
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Boundary Alternative 1 Boundary Alternative 2
Eastern Lake Ontario and Thousand Islands Region of St. Lawrence River (1,786 square miles) 64 known shipwrecks One known aircraft 20 potential shipwrecks and three aircraft Eastern Lake Ontario (1,724 square miles) 43 known shipwrecks One known aircraft 20 potential shipwrecks and three aircraft
SOURCE: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
The two maps illustrate the scope of Alternative 1 and Alternative 2 of the proposed Lake Ontario and Thousand Island National Marine Sanctuary.
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GREAT LAKES/SEAWAY REVIEW October-December, 2021
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