Mark Rousseau

 In 2008, the U.S. Army Corps of Engineers (Corps), the Massachusetts Department of Fish and Game (DFG) and the Massachusetts Division of Marine Fisheries (DMF) entered into a Memorandum of Understanding (MOU) authorizing DMF as the program administrator for the Massachusetts In‐lieu Fee (ILF) Program. This compensatory mitigation program addresses authorized impacts to aquatic resources, in particular Essential Fish Habitat (EFH) and aquatic habitats of managed diadromous fish and marine finfish and shellfish species in Massachusetts’ waters, resulting from projects permitted under the Massachusetts General Permit (GP). DMF administers this program under the direction of an Interagency Review Team (IRT) consisting of representatives from the Corps, Massachusetts Office of Coastal Zone Management (CZM), Massachusetts Department of Environmental Protection (DEP), U.S. Environmental Protection Agency (EPA), National Marine Fisheries Service (NMFS) and DFG.

Permittee-responsible mitigation options for small impacts are often infeasible or less environmentally beneficial. The IRT developed this program to provide an alternative to permittee‐responsible compensatory mitigation under the GP in order to achieve the goal of “no net loss” to aquatic habitat area, functions and values. Program participants provide fee payments in lieu of on‐site mitigation to the Commonwealth of Massachusetts’ Marine Mammals and Fisheries Research and Conservation Trust (Trust),  an expendable trust account established by the Commonwealth pursuant to M.G.L. c. 6A, s.6 and 801 CMR 50.00 and administered by DMF. Mitigation funds from ILF are used to target projects or locations that can demonstrate a higher degree of success in restoring impacted habitats.

Mitigation projects must take into consideration the impacts to aquatic resources to be mitigated, site suitability, baseline condition of the sites, the maximum return on expended funds, benefits to aquatic resources, and the location and status of other mitigation projects. The ILF program tracks direct and indirect Corps-permitted impacts of less than one acre to 5 key habitat types: open water, submerged aquatic vegetation (SAV), salt marsh, intertidal (tidal flats, shellfish beds), and coastal streams with the goal of identifying and implementing restoration and enhancement efforts for these habitats.  Examples of potential restoration project types for each habitat category are listed in Table 1.

Table 1. Restoration priorities for coastal and estuarine habitat impacts under MA ILF

DMF’s  ILF program consists of the three Coastal Service Areas, North, Central, and South (Figure 1). Each service areas represents a geographically distinct and administratively manageable unit. Service area boundaries were selected based on differences in watershed types, climates, and ocean circulation patterns. Each service area exhibits identifyable differences in the ecological functions of habitats within each region, including variations in species assemblages, and in the timing and duration of different life history stages of many species.

Figure 1. Massachusetts In Lieu Fee Program Service Areas

Funding Projects in 2012-2013

ILF fee payments are tracked according to the habitat types and regions impacted and reported annually (refer to annual reports, below). Since the program’s inception in 2009, seventeen (17) projects impacting 16,412.25 ft2 of aquatic habitats have contributed $194,652.50 to the program. The first restoration funding round for the program occurred in December 2012.

A project ranking tool developed through a grant from the Massachusetts Bays Program (MBP) was utilized for selecting restoration projects.  A committee of eight reviewers from state, federal and watershed groups used the tool to independently rank eight projects that were submitted to the Program via a Request for Responses (RFR). Proposed restoration projects included phragmites control, dam removal, eelgrass test plot planting, and others. The applicant pool included state and town agencies, universities and non-profits. Three projects were selected for funding through this process.

Future Steps

For more detailed information about the Corps requirements, visit http://www.nae.usace.army.mil/Regulatory/Mitigation/ma.htm.

For more information on theMA ILF Program, please visit the links below:
In-Lieu Fee Memorandum of Understanding between MarineFisheries and the Army Corps of Engineers
Massachusetts In-Lieu Fee Program Fact Sheet

Annual Reports
2012 ILF Annual Report
2011 Annual Report

Mark Rousseau, Jillian Carr

Funding for a project entitled Identifying and Prioritizing Restoration Opportunities for Coastal Aquatic Habitats in the Massachusetts Bays Region was awarded to MarineFisheries in February 2012 by the Massachusetts Bays Program to 1) investigate information gaps within the Mass Bays region that need to be identified when developing habitat restoration priority lists, and 2) develop a sustainable methodology for ranking priority restoration sites on a larger, regional scale. Regional restoration information gaps were assessed by comparing coastal impacts to coastal restoration potential. The MarineFisheries Environmental Review log was queried for alteration projects (impacts) in coastal communities within the MBP region. Potential restoration project data were collected from websites and phone interviews of local and regional stakeholder groups. Both datasets were mapped by habitat type and community and examined for gaps. We found a great deal of variability in both impacts and restoration potential: the majority of impacts were to intertidal, stream and open water habitats, with a spatial concentration in the metro-Boston region; whereas the majority of potential restoration projects were for stream and salt marsh habitats, with spatial concentrations in the Upper North Shore and Cape Cod regions. To gather input regarding these gaps we hosted two regional stakeholder workshops, which generated a valuable discussion among relevant organizations.

A project ranking tool and guidance document were developed for use when prioritizing habitat restoration projects. The tool is a scoring worksheet and guidance document that allows reviewers to numerically rank projects based on potential socio-economic and ecosystem function benefits and a project’s technical merit/logistics. It was designed to be highly adaptable to meet the individual needs of users. This tool was tested in a case study by the MA ILF Program project review committee to score and select proposals for funding under a recent grant opportunity.

For the final report, ranking tool and other project materials please visit the links below. For questions about this project or assistance using the tool, contact jillian.carr@state.ma.us or mark.rousseau@state.ma.us.

Final Report - December 2012
Project Ranking Tool (xlsx)
Stakeholder Workshop Presentation
Project Poster

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