NOAA is proposing new rules to restrict fishing and the operation of underwater drones over shipwreck sites.

[Shipwreckworld]

 

 

NOAA is proposing to designate the Lake Ontario National Marine Sanctuary (LONMS) in eastern Lake Ontario to recognize the national significance of the area's historical, archaeological, and cultural resources and to manage this special place as part of the National Marine Sanctuary System.  On January 19, 2023, NOAA filed a Notice of Proposed Rulemaking on the Federal Register. Federal Register :: Proposed Lake Ontario National Marine Sanctuary; Notice of Proposed Rulemaking

 

NOAA in its Proposed Rules is looking to add layers of prohibitions and permits that would supplement existing section 233 of the New York State Education Law. This NYS law currently protects any object of archaeological, historical, cultural, social, scientific, or paleontological interest situated on, in, or under lands owned by the state of New York. In the Proposed Rules NOAA looked at the impact on the for-hire fishing businesses that operate in or on Eastern Lake Ontario. They stated, “it is assumed that this proposed rule would affect a substantial number of small entities." The Proposed Rules would also apply to fishing, boating, diving, research, and education. 

 

Everyone should participate in the process by familiarizing themselves with the plan and expressing their views on it during the comment period and at the local meetings.  We do not need more regulations, there are too many now.

 

Public meetings:

· Oswego, NY, Feb. 28 Lake Ontario Event and Conference Center: 6:30 p.m.-8 p.m.

· Wolcott, NY, March 1, Wolcott Elks Lodge No. 1763; 630 p.m.-8 p.m.

· Watertown, NY, Date: March 2, 2023, Jefferson Community College;   630 p.m.-8 p.m

[Tall Tails]

I don't see where this is a problem....  What is not included and should be is a moratorium on windmills... notice it won't stop them, now that is the real issue here.  This will not affect sportfishing.  Below is the specific language.  

 

 

Significance of Economic Effects on Small Entities

Substantial Number Criterion

The proposed regulations do not regulate fishing but do prohibit damage to sanctuary resources. A similar provision prohibiting injury to cultural resources is already in existing state law, and therefore, the proposed regulations are not expected to have an effect on businesses.

 

 

In 2018 and 2019, there were two active fishing licenses within eastern Lake Ontario. Although it is assumed that both fishers are small businesses, it is also assumed that the fishers actively avoid using their gillnets on or close to shipwrecks to avoid entangling or damaging their gear and to comply with existing state law. Therefore, the proposed rule will not affect a substantial number of small businesses.

[LongLine]

The two "commercial" fishers are the guys that trawl or gillnet perch etc.  Further down it talks about there being 60 party and/or charter boats that fish the area. 

[AnglingAddict]

https://sanctuaries.noaa.gov/visit/fishing/
 

[LongLine]

The general rules for marine sanctuaries forbid disturbing the sea bottom so I take that to mean windmills are out.

 

Thunder Bay is a marine sanctuary & FAQ says sport fishing in the water column is ok.  It further talks about "charter boats" as those boats that take divers out to explore the wrecks  not the charter boats trying to catch fish on rod & reel. 

 

https://sanctuaries.noaa.gov/protect/regulations/

"While each sanctuary has its own unique set of regulations, there are some regulatory prohibitions that are typical for many sanctuaries:

Discharging material or other matter into the sanctuary;
Disturbance of, construction on or alteration of the seabed;
Disturbance of cultural resources; and
Exploring for, developing or producing oil, gas or minerals (with a grandfather clause for preexisting operations).
In addition, some sanctuaries prohibit other activities, such as the disturbance of marine mammals, seabirds and sea turtles, operation of aircraft in certain zones, use of personal watercraft, mineral mining and anchoring of vessels. "

https://www.michigan.gov/egle/about/organization/Water-Resources/shipwrecks/frequently-asked-questions

"3. How does the presence of a preserve affect the use of the water column above the bottomlands?

Preserve status does not curtail other lake use activities, including sport fishing, boating, swimming, and commercial shipping. In many preserves, wrecks are buoyed during the diving season and care must be taken to avoid colliding with them. Of course, the presence of fish nets in a preserve can present a definite hazard to fragile shipwrecks and to divers and the placement of nets near known wreck sites is discouraged."

https://www.michigan.gov/egle/about/organization/Water-Resources/shipwrecks/frequently-asked-questions

"10. What responsibilities do divers and charter boat operators have?

The members of these two groups have the greatest effect on shipwrecks. Divers on the wrecks must resist the temptation to pick up artifacts and move them around the site. Handling artifacts may not only lead to breakage, but simply moving the artifacts from where they were originally used or came to rest compromises the ability of an archaeologist or historian to accurately interpret the wreck and the wreck incident.

In addition to offering a safe diving experience, charter boat operators must insure that divers from their boats do not remove artifacts from the wrecks illegally. Charter boat operators must moor or anchor their boats in a way that does not damage the wreck or disturb the debris field. They must also share the wreck with other dive groups. Inappropriate or careless mooring can easily damage and will ultimately destroy a fragile wreck."
 

[Shipwreckworld]

Windmills are not out.  We have confirmed that with New York State. 

If the marine sanctuary were approved NOAA would provide information regarding the underwater resources within the proposed area for windmills.

  

[LongLine]

Recent NYSERDA feasibility study said not worth it.

 

https://www.nyserda.ny.gov/great-lakes-wind-feasibility-study

"Based on the totality of this analysis, this concludes that Great Lakes Wind currently does not offer a unique, critical, or cost-effective contribution toward the achievement of New York State’s Climate Act goals beyond what existing, more cost-competitive programs are currently expected to deliver." 

"This conclusion is based on a fulsome analysis of the resource development costs, ratepayer impacts, expected State benefits, transmission and interconnection limitations, infrastructure and supply chain constraints, visual impacts, and potential environmental impacts of Great Lakes Wind, as discussed below and throughout the Feasibility Study."