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	Planning for the Changing Face of Ocean Use By Kate Killerlain Morrison, CZM No discussion of "smart growth" would be complete without mention of the growing development pressures to one of the most important and sensitive places in the Bay State: our ocean waters. Advances in construction technology together with a variety of impediments to land-based locations have made offshore siting an increasingly attractive and viable option for a number of projects, particularly energy-related facilities, such as Liquified Natural Gas (LNG) terminals and pipelines and wind turbines. In contrast with land-based projects, the offshore "real estate" in question consists of tidal flats, navigable waters, and submerged lands where ownership is vested in the state and held in trust for the public. As the demand for the use of public trust resources increases, balancing between competing public interests becomes more difficult. The recent proposals and accompanied debate over the LNG terminals in Massachusetts Bay, and the Cape Wind proposal in Nantucket Sound, exemplify this challenge. Here, the desire to expand renewable energy resources, and to site those facilities offshore, compete with a desire to preserve access to prime fishing grounds, protect unobstructed views, and preserve recreational interests. How do we balance competing public values offshore? The Status of the Status Quo Despite the abundance of strong environmental statutes and regulations in Massachusetts, limitations exist in the current ocean management approach. Governance structures for ocean resources have historically been focused on individual resources or activities, such as the maintenance of navigation channels, management of commercial fishing, regulation of ocean disposal, and protection of whale migration areas. Jurisdictional boundaries, such as the dividing line between state and federal waters (which is typically three miles offshore), complicate the situation further. Comprehensive approaches to ocean management have been difficult to develop, due to the complexity of resources involved, their often migratory and multi-dimensional characteristics, and the tensions created by the competing economic and social interests. As a consequence, regulatory review of development proposals in the offshore is reactive. Opportunities for a planning process that would allow for early identification of measures for better siting, performance standards, and mitigation are limited. Given that the demand for ocean resources is likely to increase, it is imperative that managers be able to take a proactive and more comprehensive approach. Massachusetts Takes Initiative Current debates about offshore proposals point out the necessity of ensuring that offshore development can be guided to meet commercial, recreational, aesthetic, and ecological needs. In the past two decades, several states, including Oregon, Florida, and California, have completed various levels of ocean management planning and have passed laws regulating activities in the nearshore and coastal areas, such as those that ban bottom trawling and prohibit the discharge of waste from cruise ships. But, until March of 2005, when Governor Mitt Romney and Senator Robert O'Leary introduced legislation that authorizes the Secretary of Environmental Affairs to prepare and implement an Ocean Plan, no state had attempted to manage large-scale offshore stationary uses of ocean resources. Prior to introducing this innovative legislation, Governor Mitt Romney initiated the Massachusetts Ocean Management Initiative in 2003, spearheaded by the Massachusetts Ocean Management Task Force (Task Force). After an intensive planning process, the Task Force, made up of 22 members from the public and private sector, published Waves of Change: The Massachusetts Ocean Management Task Force Report and Recommendations. The Task Force's overarching recommendation called for a statutory framework for comprehensive ocean management, which lead to the introduction of the Massachusetts Oceans Bill legislation. As of this writing, the legislation has been favorably reported out of the Joint Committee on Environment, Natural Resources and Agriculture and is undergoing review by Ways and Means. While changes to the legislation may result from the on-going legislative deliberations, key elements include: The Ocean Plan shall apply to all state waters, as well as areas in federal waters "that are functionally connected to state waters," and shall guide development into areas that are most appropriate based on existing uses, natural resource values, and development trends. Public participation shall be on-going and begin early in the scoping process, and shall include regional meetings and comment periods, as well as the opportunity to appeal an adopted Ocean Plan. A strong baseline assessment of natural, social, cultural, historic, and economic information shall be developed to inform planning efforts. The Ocean Plan shall articulate management measures, including performance standards, mitigation requirements, and use limitations, as may be applicable to specific geographic areas, to balance resource protection and economic development. Certain offshore uses, like the discharge/disposal of waste, certain types of sand mining, and commercial advertising, shall generally be prohibited, with additional restrictions applying (e.g., no offshore electric generating facilities) to the five Ocean Sanctuaries in Massachusetts. Other offshore uses, such as sand and gravel mining for beach nourishment, pipelines and cables, aquaculture, and the construction of docks and piers, shall be allowed, subject to the provisions of the Ocean Plan. Ocean Plans shall be reviewed every five years to ensure that the best available information is incorporated to accommodate new development issues and to reflect changing human needs. While fisheries resources will continue to be managed through the Division of Marine Fisheries (DMF), the Ocean Plan shall be integrated into the existing management framework. Building on momentum generated by the Ocean Management Initiative, the Massachusetts Office of Coastal Zone Management (CZM), DMF, and the Department of Environmental Protection (DEP) have been working together to explore and collect information that will help provide a baseline for more effective ocean planning. Projects that are currently underway to expand the information base include seafloor mapping and delineation of habitat types; data collection on historic, current, and emerging human use patterns offshore; and an assessment of the Massachusetts ocean and coastal economy. This group will also be developing a planning framework to be used by both project applicants and project review agencies to provide a more consistent and efficient review of proposals. As many of the "smart growth" concepts discussed in this edition of Coastlines illustrate, managing development appropriately allows for both the use and protection of public resources in a way that benefits both the economy and the environment. Through the efforts of the Massachusetts Ocean Management Initiative, the Bay State has taken the first steps toward embodying "smart growth" within the ocean governance structure to protect the vital public trust resources that are so important to the common heritage, livelihood, enjoyment, and long-term prosperity of Massachusetts. For more information on the Massachusetts Ocean Management Initiative, please visit: http://www.mass.gov/czm/oceanmanagement/index.htm.
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