PETITION OF:

SECTION 1. General Provisions

The General Court finds and declares all of the following:

(a) Coastal population growth and rapid advances in technology and commerce have led to a significant increase in the demands on the commonwealth’s ocean resources.

(b) The Massachusetts Ocean Management Task Force (2004) and United States Commission on Ocean Policy (2004) have documented the degraded state of ocean resources and made recommendations for improved stewardship of state and federal ocean resources.

(c) Current policies and programs of the commonwealth pertaining to ocean protection and management must be broadened and amended to account for evolving understanding and knowledge of ocean ecosystems, changing needs and values, and emerging technologies.

(d) The commonwealth recognizes that commercial and recreational fisheries are an integral and historic part of our culture and contribute substantial benefits to our citizens and communities.

(e) In fulfillment of the commonwealth’s public trust responsibilities, it shall be the policy of the commonwealth that stewardship of the commonwealth’s ocean resources be carried out through a coordinated and comprehensive planning process incorporating the principles of ecosystem based management. The ultimate goals of this process shall be to protect, maintain, and restore the commonwealth’s ocean resources for their intrinsic value and the benefit of current and future generations.

(f) For purposes of this act ecosystem-based management is defined as an integrated approach to management that considers the entire ecosystem, including humans. The goal of ecosystem-based management is to maintain an ecosystem in a healthy, productive and resilient condition so that it can provide the services humans want and need. Ecosystem-based management differs from current approaches that usually focus on a single species, sector, activity or concern; it considers the cumulative impacts of different sectors.[1]

SECTION 2. Management Goals and Objectives.

(a) Decisions affecting coastal waters and the ocean environment shall be designed and implemented to conserve the health and diversity of ocean life and ecosystems, allow and encourage those activities and uses that are sustainable, and recognize the importance of aesthetic, educational, and recreational uses.

(b) Whenever conflicts arise between and among competing ocean uses, the commonwealth shall give highest priority to improving the quality of coastal waters and the health of marine and avian life.

(c) A goal of the commonwealth shall be to improve monitoring and data gathering in an effort to advance scientific understanding of ocean resources.

SECTION 3. Massachusetts Ocean Resources Commission.

(a) The protection and management of the ocean waters of the commonwealth, within the geographic areas subject to ocean management plans described in Section 6, shall be under the oversight, coordination, and planning authority of the Ocean Resources Commission.

(b) The Ocean Resources Commission shall of 17 members: the Secretary of Energy and Environmental Affairs who shall serve as chair; 2 members of the Senate, 1 to be appointed by the President of the Senate and 1 appointed by the Minority Leader of the Senate; 2 members of the House of Representatives, 1 appointed by the Speaker of the House and 1 appointed by the Minority Leader of the House of Representatives; the directors of the Office of Coastal Zone Management and the Division of Marine Fisheries, or their designees; and the following representatives, to be appointed by the Governor: 1 representative of a commercial fishing organization; 1 representative of a recreational fishing organization; 2 representatives of environmental organizations; 1 representative of a non-fishing ocean-dependent industry; 3 majors or members of a city council or board of selectmen of coastal municipalities; and 2 directors of regional planning agencies. As the term of a member expires, his successor shall be appointed for a term of 3 years, except that, initially, 6 members shall be appointed for terms of 2 years and 3 members shall be appointed for terms of 1 year. The Governor may also fill any vacancy in an unexpired term. The members of the Ocean Resources Commission shall be selected with due regard to coastal geographic distribution.

(b) The Office of Coastal Zone Management and Division of Marine Fisheries shall provide technical staff support to the commission.

(d) The commission may sponsor conferences, symposia, and other public forums, to seek a broad range of public advice, when establishing priorities for ocean resource protection and management.

SECTION 4. Ocean Science Advisory Council.

(a) There shall be an ocean science advisory council, hereinafter referred to as the council, to assist the commission in developing scientific information necessary for the development of ocean management plans. The council shall consist of nine members to be appointed by the Secretary of Energy and Environmental Affairs.

(b) The council shall be guided by the findings and recommendations of the Massachusetts Ocean Management Task Force (2004) relative to scientific understanding of ocean resources.

(c) The commission shall take into account research findings and recommendations of the council in the preparation and adoption of ocean management plans provided for in Section 6 herein.

SECTION 5. Administration of Ocean Sanctuaries.

(a) The Ocean Sanctuaries Act (MGL 132A, Section 113, 302 CMR 500) is amended to reassign program administration from the Department of Conservation and Recreation to the Office of Coastal Zone Management.

(b) The Ocean Sanctuaries Act is further amended to subdivide the Cape and Islands Ocean Sanctuary into the Buzzards Bay Ocean Sanctuary and the Nantucket Sound Ocean Sanctuary. The Buzzards Bay Ocean Sanctuary shall be comprised of all the waters of Buzzards Bay bordered by the mainland of the commonwealth on the west, Cape Cod and the Elizabeth Islands on the east and the Massachusetts and Rhode Island ocean boundary on the south. The Nantucket Sound Ocean Sanctuary shall be comprised of all the state waters of Nantucket Sound and Vineyard Sound, bordered on the west by the Elizabeth Islands, on the North by Cape Cod, on the east by Monomoy Island, and on the south by Nantucket Island and Martha’s Vineyard Island.

SECTION 6. Ocean Management Plans.

(a) The commission’s oversight, coordination, and planning authority shall be exercised through the promulgation of regional ocean management plans, which shall consist of zoning maps, illustrations, and other media, setting forth, among other things, the commonwealth’s goals, policies, and standards to ensure effective state stewardship of the living and non-living marine resources held in trust for the benefit of the public.

(b) The geographic areas subject to individual ocean management plans shall include those areas designated as the North Shore Ocean Sanctuary, Essex Ocean Sanctuary, Cape Cod Bay Ocean Sanctuary, and Cape Cod Ocean Sanctuary, as described in the Ocean Sanctuaries Act (Section 13, Chapter 132A); as well as the Buzzards Bay Ocean Sanctuary and Nantucket Sound Ocean Sanctuary, as defined in Section 5 (b) of this act. Within six months of the passage of this act, the commission at its sole discretion shall determine the boundaries of the remaining geographic areas in Massachusetts Bay subject to ocean management plans.

(c) Ocean management plans may also address activities in adjacent waters and, to the maximum extent consistent with federal law, shall apply to activities occurring in adjacent federal waters that directly affect the protection and management of resources within state waters.

(d) Ocean management plans for the geographic areas described in Subsection (b) shall be consistent with the provisions of the Ocean Sanctuaries Act.

(e) Within six months of the passage of this act, the commission in consultation with regional planning agencies shall appoint working groups comprised of members of the general public, the business sector, local, state, regional, and federal officials and other interested groups for each of the geographic areas described in Subsection (b) to advise the commission on ocean protection and management goals and objectives and strategies.

(f) The commission shall ensure that ocean management plans are consistent with local and regional objectives, policies, and plans for the geographic areas covered by said plans.

(f) After consulting with the ocean science advisory council and regional working groups and within twenty-four months of the passage of this act, the commission shall prepare draft ocean management plans for each geographic area.

(g) Each ocean management plan shall:

1) Take into account the existing natural, social, economic, cultural, and historic characteristics of each planning area;

2) Protect the public trust;

3) Value biodiversity and ecosystem health;

4) Identify and describe strategies for protecting special, sensitive, or unique estuarine and marine areas;

5) Address climate change and sea-level rise;

6) Respect the interdependence of ecosystems;

7) Coordinate uses that cross international, federal, state and local jurisdictions;

8) Foster sustainable uses that capitalize on economic opportunity without significant detriment of the ecology or natural beauty of the ocean;

9) Encourage and facilitate the development of renewable energy in a manner that is compatible with all other provisions of this act;

10) Preserve and enhance public access;

11) Support the needed infrastructure for the economy and quality of life for the citizens of the commonwealth, and;

12) Encourage public participation in decision-making.

(h) Development, implementation and enforcement of an ocean management plan as coordinated by the commission, shall include, but not be limited to, the following elements:

1) Setting a baseline assessment of the commonwealth’s ocean resources and resource use, in consultation with the ocean science advisory council, that incorporates the best available engineering applications and scientific understanding of marine and ocean resources, including the identification of special, sensitive, or unique estuarine and marine life habitats, through research, mapping, monitoring, public and agency input and other relevant natural, infrastructure, social, cultural, historic and economic planning information that will serve as the basis for evaluating alternatives and choosing courses of action;

2) Establishing an outreach and participation program that shall includes: early and continuing interaction with the public, the business sector, and other interested groups and local, state, regional, and federal officials; an opportunity for notice of the contents, public comments and public meetings at the local and regional levels, in consultation with regional planning agencies, on a proposed ocean management plan;

3) Identifying management measures, including but not limited to use zoning, performance standards, and mitigation requirements as may be applicable to specific geographic areas, to be developed in a manner consistent with applicable state statutes and regulations that control or otherwise affect development or other ocean use in the planning area; including, but not limited to fishing and waterfowl hunting.

4) Implementing a specific strategy to ensure effective application of the identified management measures within the planning area in question. Implementation arrangements may include, as appropriate, memoranda of understanding or other instruments of agreement to ensure coordination between the secretary and other relevant state agencies;

5) Establishing a time period during which ocean management plans are to remain effective and a proposed date, not to exceed 5 years from the date of adoption, on which re-evaluation of the plans will commence for purposes of renewal and amendment. The re-evaluation process shall include, but not be limited to, an opportunity for public comments, informational meetings and public hearings, as described in subsection (f). An ocean management plan shall remain in effect until a renewed or amended ocean management plan is adopted; and

6) Creating other such elements as may be considered appropriate by the commission to serve the purposes of this section.

(k) The following activities are prohibited between the mean low-water mark and the seaward boundary of the commonwealth:

(1) Dumping or discharging commercial, municipal, domestic or industrial wastes in areas designated as an ocean sanctuary, except as may be allowed pursuant to sections 16 and 16A to 16F, inclusive, of chapter 132A and their implementing regulations, as may be amended, and except for the discharge of bait and fish offal customarily associated with fishing;

(2) Incinerating solid waste material or refuse on or in vessels moored or afloat;

(3) Extracting stone, sand, gravel or other minerals, gases or oils from the seabed or subsoil, except for dredging for navigation purposes, shore protection, beach restoration or for facilities and activities undertaken or required by a public agency for the purposes of decontamination, response actions, capping or disposal of polluted aquatic sediments, if consistent with any applicable provisions of an ocean management plan;

(4) Building or long-term mooring of a structure on the seabed or subsoil in the area designated as the Cape Cod ocean sanctuary, except as allowed in clauses (1) and (4) or subsection (k).

(k) In all ocean areas, the following activities are allowed, provided that all applicable requirements of other local, state, and federal laws and regulations are consistent with an applicable ocean management plan:

(1) Beach nourishment, channel and shore protection structures and dredging for maintenance and navigational purposes;

(2) The operation, maintenance, repair or construction of infrastructure facilities in the transmission or distribution of electricity, natural gas, water or telecommunications services, including pipelines, cables, and conduits, except in the area designated as the Cape Cod ocean sanctuary;

(3) Industrial liquid coolant discharge and intake systems, except in the area designated as the Cape Cod ocean sanctuary;

(4) Facilities for aquaculture;

(5) Moorings, floats and rafts held by bottom anchor for the purpose of vessel docking or mooring, and ramps attached thereto;

(6) Docks, piers, wharves or other filled or pile-supported structures contiguous with the existing landmass;

(7) Environmental restoration or mitigation activities required by certificate of the secretary of environmental affairs;

(8) Temporary scientific and educational facilities.

(9) Construction or operation of offshore or floating electric generating stations only if specifically allowed for in an ocean management plan adopted pursuant to this act; and if within the waters adjacent to any municipality with the assent of said municipality’s legislative body.

(l) Upon adoption of an ocean management plan, no structure, use or activity that could significantly alter the ocean resources of the geographic area established in accordance with this section may occur, except as allowed in subsection (k), and only if that structure, use or activity conforms to all applicable provisions of the ocean management plan for that geographic area. All offices and departments of the executive office of environmental affairs and all other agencies, departments, divisions, units, commissions, boards and authorities of the commonwealth shall enforce laws and regulations within their jurisdiction, conduct regulatory reviews, administer programs, disburse funds, perform or supervise construction activities and otherwise conduct their activities in a manner that ensures conformance with the applicable provisions of an ocean management plan and this section.

(m) The commission shall give notice of and provide interested parties with the opportunity to present data, views or arguments for a period of at least 60 days in regard to each proposed management plan or any proposed amendment thereto or renewal thereof in writing in accordance with section 3 of chapter 30A and shall make such proposed amendments or plans available for a public review and comment period through notice in the Environmental Monitor and at least 1 newspaper of general circulation in the North Shore, South Shore, South Coast, metropolitan Boston, and Cape Cod and the Islands regions of the commonwealth. For a proposed ocean management plan, the commission in consultation with the Massachusetts Association of Regional Planning Agencies shall conduct at least one public meeting within each region that would be directly affected by the proposed amendment. At the conclusion of such public process and after consideration of public comments received during the public comment period, the secretary may adopt an ocean management plan or any amendments thereto, and notice thereof shall be published in the next available edition of the Environmental Monitor and the Massachusetts Register. The commission shall file a copy of the ocean management plan or any amendments thereto with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on the environment, natural resources and agriculture at least 30 days before the ocean management plan or any amendments thereto are to take effect.

(n) The commission shall develop, adopt, and implement ocean management plans for all the geographic areas of the commonwealth pursuant to this act within 36 months of the effective date of this act.

(o) Upon adoption, each ocean management plan shall be incorporated into the Massachusetts Coastal Zone Management Program (Section 4A of Chapter 21A of the General Laws).

(p) The commission shall report annually to the joint committee on environment, natural resources and agriculture identifying management measures established and the progress made in creating the ocean management plans mandated by this act, until such time as all such plans are adopted.

SECTION 7. Commercial and Recreational Fishing.

Any component of an ocean management plan that regulates commercial or recreational fishing shall be developed, promulgated and enforced by the division of marine fisheries pursuant to its authority under chapter 130.

SECTION 8. Ocean Resources Trust Fund.

There shall be established and set up on the books of the commonwealth a separate fund to be administered by the Secretary of Energy and Environmental Affairs, as trustee, to be known as the Ocean Resources Trust Fund. There shall be credited to such fund: any applicable compensation or mitigation for ocean development to be used for the purposes of ocean resource enhancement or restoration; any income derived from the investment of amounts credited to the fund; and any appropriation grant explicitly made to the fund. The priority for use of funds credited to the trust for compensation or mitigation for ocean development projects shall be the restoration or enhancement of marine habitat and resources related to the impacts of any specific project. Amounts credited to the fund shall be used without further appropriation solely for the purposes of environmental enhancement, restoration, and coordination of ocean resources by the secretary pursuant to this section, including the cost of employees or consultant services necessary to implement these requirements. Money remaining in the fund at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year.

SECTION 9. General Fund Needs.

Within one year of the effective date of this act, the secretary shall report to the General Court recommendations for the establishment of fees, licenses, permits, leases and the adjustment or development of other revenue sources deemed necessary to carry out the provisions of this act.

[1] The definition contained herein is the consensus statement of more than 200 academic scientists published by the Communications Partnership for Science and the Sea. It is compatible with the working definitions of the Pew Oceans Commission and U.S. Commission on Ocean Policy.