United States (Massachusetts)

The Massachusetts Oceans Act requires the Secretary of Energy and Environmental Affairs (EEA to develop a comprehensive, integrated ocean management plan, following a scientific and stakeholder process that leads to a draft plan by summer of 2009, and the final promulgation of the plan by December 31, 2009.

The Ocean Plan management area is 5,555 km2 (about 1,000 km2 less than the actual area of Massachusetts state waters, since some state waters are excluded from the plan). The length of the Massachusetts coastline is about 4,500 km.

What stimulated marine spatial planning in Massachusetts?

Conflicts between different uses within the ocean waters of Massachusetts have historically been few, but as more uses are permitted and proposed, greater conflict is inevitable. With the range of both traditional and emerging uses before the Commonwealth, many questions have been raised.

Which uses should be allowed in which areas? Who should decide? How can Massachusetts ensure that individual and collective uses do not harm the environment? Do we have the right information to make those decisions? Do public agencies that are authorized to make these decisions have the right tools? Given that the ocean is a public trust resource, how should the Commonwealth effectively manage the “assets of the trust” it owns on behalf of the public to best protect and use them for the benefit of citizens today and in the future?

Development of marine spatial planning in Massachusetts

In 2003, the Massachusetts Ocean Management Task Force was launched to develop recommendations on a comprehensive approach to managing ocean resources. Released in 2004, these recommendations helped form the foundation for the Oceans Act of 2008, which was signed by the Governor in May 2008.

Key elements of the Oceans Act include:

Comprehensive management of Massachusetts waters - Comprehensive science-based planning will be used to ensure long-term protection and sustainable use of ocean resources;
Ocean Advisory Commission and Science Advisory Council – A 17-member commission will advise the Secretary as the Executive Office of Energy and Environmental Affairs (EEA) develops the ocean plan. The commission includes state legislators, agency heads, commercial fishing, environmental, and renewable energy representatives, and coastal regional planning agencies. A nine-member Science Advisory Council will assist the Secretary in developing environmental, economic and social baseline data, and will help develop a foundation for long-term, science-based ocean management;
Appropriately scaled renewable energy – The Ocean Sanctuaries Act is amended to allow offshore renewable energy facilities of "appropriate scale" in state waters, except for the Cape Cod Ocean Sanctuary (offshore from the Cape Cod National Seashore on the Outer Cape), provided that facilities are consistent with the ocean plan;
Fisheries management jurisdiction – The Oceans Act directs that commercial and recreational fishing remain allowed uses in state waters, and maintains exclusive jurisdiction over fisheries regulation with the Division of Marine Fisheries;

The Oceans Act requires the plan to have a spatial component, i.e. the plan must identify areas suitable for uses, activities, conservation, and protection and related management (regulatory) measures intended to implement the plan. In terms of implementation, state agency actions—including the issuance of permits, licenses, and other regulatory approvals—are required to be consistent with the plan to the maximum extent practicable. The Oceans Act requires that the plan be publicly reviewed at least once every five years.

The Oceans Act sets out fifteen statements of principle for the plan by stating that the plan shall:

1. Set forth the Commonwealth’s goals, siting priorities, and standards for ensuring effective stewardship of its ocean waters held in trust for the benefit of the public;
2. Adhere to sound management practices, taking into account the existing natural, social, cultural, historic and economic characteristics of the planning areas;
3. Preserve and protect the public trust;
4. Reflect the importance of the waters of the Commonwealth to its citizens who derive livelihoods and recreational benefits from fishing;
5. Value biodiversity and ecosystem health;
6. Identify and protect special, sensitive or unique estuarine and marine life and habitats;
7. Address climate change and sea-level rise;
8. Respect the interdependence of ecosystems;
9. Coordinate uses that include international, federal, state and local jurisdictions;
10. Foster sustainable uses that capitalize on economic opportunity without significant detriment to the ecology or natural beauty of the ocean;
11. Preserve and enhance public access;
12. Support the infrastructure necessary to sustain the economy and quality of life for the citizens of the commonwealth;
13. Encourage public participation in decision-making;
14. Adapt to evolving knowledge and understanding of the ocean environment; and
15. Identify appropriate locations and performance standards for activities, uses and facilities allowed in Ocean Sanctuaries.

These statements of principle frame the goals of the plan and will, as informed by the public input process, help guide development of the plan. The EEA has already held 18 “listening sessions” around the Commonwealth to collect public inputs to the Ocean Plan. A summary of the listening sessions (September-October 2008) and a preliminary summary of stakeholder interviews (October-December 2008) is posted on the official website of the Ocean Plan (below).

Further information

For additional information see the official website of the Ocean Plan at the Massachusetts Executive Office of Energy and Environmental Affairs

Last updated: 28 January 2010