Ocean Management Act Status Report
Beveridge & Diamond, P.C. - Massachusetts Environmental. Land Use & Real Estate Alert, 2009
On May 28, 2008, Massachusetts enacted the first in the nation Ocean Management Act. See Chapter 114 of the Acts of 2008 (the “Act”). The Act became effective on August 26, 2008. The legislation requires the development of a comprehensive management plan for virtually all of the State controlled waters of Massachusetts by December 31, 2009. To that end, the Executive Office of Energy and Environmental Affairs (“EEA”) held eighteen public listening sessions across the State throughout the Fall of 2008. EEA also began a series of individual stakeholder interviews reaching out to representatives of various groups that will be potentially affected by the Ocean Management Plan (“OMP”). Lastly, EEA set up six workgroups to examine and identify existing conditions and propose priorities within the Ocean Planning Area. The workgroups were established to examine habitat; fisheries; transportation, navigation and infrastructure; sediment; recreation and cultural services; and renewable energy. Draft summaries of the listening sessions and stakeholder interviews and the draft reports of the Work Groups can be found on the EEA website.
Public Listening Sessions
Public listening sessions were held in eighteen communities across the State and attracted participation by more than 350 people. The goals of these sessions were to inform the public about the Act and to solicit public comment and input on the development of the OMP. Comments from the listening sessions have been compiled into a draft “Summary of Issues” found on the EEA website. The summary broadly organizes the comments into the following categories: Economy; Energy; Species and Habitats; Navigational Safety; Public Trust; Research Uses; Hazards; and other uses. In addition to comments on specific uses, speakers also addressed the planning process and vocalized an expectation that the OMP would result in a balance of the very diverse interests of the ocean users. Among the participants the issues raised most often were: wind energy siting; fishing industry interests; protection of unique, sensitive or threatened species; coordination among jurisdictions; continued citizen engagement; public trust and an eco-system based approach to the OMP.
Stakeholder Interviews
At the same time the public listening sessions were being held, EEA began to hold individual meetings with representatives of stakeholder groups with potential interests in the OMP. According to the “Preliminary Stakeholder Interview Summary Report,” interviewees were selected to encompass a diversified group of ocean users and included members of the following groups: government entities including local, state, federal and tribal representatives; ocean resource users, including representatives of fishing, tourism, energy, navigation, recreation, research, and marine trades; and non-governmental organizations including trade associations, conservation groups, community advocacy groups, consultants and watershed protection organizations. Many of the same issues that stood out in the public listening sessions as priorities were also raised by the stakeholders. Among those were alternative energy project siting; protection of unique, sensitive or threatened species; coordination among jurisdictions; protection of the fishing industry and the public trust.
Establishment of Work Groups
Lastly, EEA has established Work Groups to investigate examine and identify existing conditions and propose priorities within the Ocean Planning Area. The Work Groups membership consists of State agency staff and private parties. Each of the Work Groups has issued a draft report which will provide valuable information in the preparation of the final OMP.
Summary
The planning process for the establishment of the OMP is well on its way. The Act set an ambitious time line and EEA appears intent upon complying with the Legislature’s dictates. The first deadline is fast approaching. Pursuant to the Act, at least six months before establishing an OMP, EEA must provide public access to the draft plan. Since the deadline for the final plan is December 31, 2009, a draft plan is required by July 2009.
For more information on the Ocean Management Act, please contact Deborah Eliason at deliason@bdlaw.com.
