WHEREAS, state ocean resources belong to the people of Massachusetts and are held in trust by the state for the benefit of current and future generations;

WHEREAS, stewardship of ocean resources should promote sustainable human uses balanced with conservation and foster enhanced access to the ocean by the public;

WHEREAS, oceans should be managed to protect and enhance the abundance and diversity of native species, which are important for maintaining marine and terrestrial ecosystems and providing important societal benefits, some yet to be discovered;

WHEREAS, the health of an ocean ecosystem depends upon management policies that respect the interdependence of air, land, and water resources and the interconnection of all species to each other and their habitats;

WHEREAS, ocean ecosystems often cross international, federal, state, and local boundaries and therefore ocean management policies should reflect this interdependence and be coordinated with other jurisdictions;

WHEREAS, human needs such as for food, energy, recreation, and commerce require ocean management policies that balance competing interests and promote ecological sustainability;

WHEREAS, ocean management policies should be flexible enough to allow adjustments to evolving human needs and values, emerging technologies, and changing environmental conditions;

WHEREAS, management decisions should be based on the best available information and expertise and should consider the accumulating impact of human activity on the environment;

WHEREAS, the Massachusetts Ocean Management Task Force has studied and made recommendations, based upon a public participation process, for improved stewardship of the commonwealth’s ocean resources;

WHEREAS, this act; which shall be known as the Comprehensive Ocean Resources Management Act, will implement recommendations of the Massachusetts Ocean Management Task Force to enable proactive planning for stewardship of these ocean resources held in trust for the public;

SECTION 1.  Section 4A of Chapter 21A of the General Laws is hereby amended by striking out, in lines 2, 5, 10, and 13, the words “coastal zone management” and inserting in place thereof the following:— ocean and coastal zone management.

SECTION 2.  Section 4A of Chapter 21A of the General Laws, as so appearing, is hereby amended by inserting before the word “federal” in line 15 the words: — Massachusetts Comprehensive Ocean Resources Management Act, section 4c of the Chapter 21A of the General Laws, and of.

SECTION 3.  Chapter 21A is hereby further amended by inserting after section 4B the following section: —

Section 4C.  The ocean resources of Massachusetts, within the area described in section (a) below, shall be under the oversight, coordination and planning authority of the secretary of environmental affairs, acting by and through the Massachusetts office of ocean and coastal zone management, on behalf of the people of the commonwealth pursuant to the policy, planning, and coordination authority vested in the secretary by sections 1 through 6 of chapter 21A.   Such oversight, coordination and planning authority shall be exercised through the promulgation of an ocean resources management plan, hereafter referred to as an ocean plan, and defined as a document in words, maps, illustrations, and other media of communication setting forth, among other things, the commonwealth’s goals, policies, standards, and other guidance to ensure effective state stewardship of the living and non-living marine resources held in trust for the benefit of the public.  Such stewardship shall be carried out in accordance with sound management practices that protect the public trust, value biodiversity, respect the interdependence of ecosystems, and foster sustainable uses and economic opportunity in a manner that does not significantly alter or otherwise endanger the ecological health and long term sustainability of the ocean, use best available information and encourage public participation in decision-making. Upon promulgation, an ocean plan shall be formally incorporated into the Massachusetts ocean and coastal zone management program plan as referenced in section 4A of chapter 21A.

(a) The geographic area subject to an ocean plan may include any waters and associated submerged lands of the Atlantic Ocean, including the seabed and subsoil, lying between the present low water mark and the seaward boundary of the Commonwealth.  An ocean plan may also address activities occurring on adjacent lands or waters, including federal waters, that are functionally connected or otherwise related to the management of resources within the ocean planning area, to the maximum extent not inconsistent with federal law.  Development of a statewide ocean plan may be phased over time, and correspondingly segmented into geographically distinct regions and/or independent subject matter, as deemed appropriate by the secretary in order to address priority management issues in a timely manner.

(b) Except for fishing and navigation in any of their respective forms, and except as may be allowed otherwise pursuant to section (d) below, no activities may occur within geographic areas described in section (a) above unless said activities have been determined appropriate by an ocean plan.  The secretary shall make such determinations based on an analysis of natural, social, and economic characteristics of the planning area.  This analysis shall serve as the basis for identifying geographic areas, subject to management measures, that advance the Commonwealth’s ocean management interests, which include but are not limited to the following:

(1)   protecting fisheries;

(2)   protecting navigational interests;

(3)   protecting rare, unique, or ecologically sensitive species and/or habitats;

(4)   protecting underwater archaeological sites;

(5)   preserving public access;

(6)   enhancing biodiversity and ecosystem health;

(7)   addressing climate change and sea-level rise;

(8)   fostering the growth of marine industries, trade and economic opportunity; and

(9)   supporting needed infrastructure for the economy.

(c) Preparation of an ocean plan shall be coordinated through the Massachusetts office of ocean and coastal zone management, and shall include, but not be limited to, the following elements:

(1)   a study program that identifies and then executes the technical analysis to be employed in identifying appropriate data, public and agency input, and other relevant natural, social and economic planning information to serve as the basis for evaluating tradeoffs among alternatives and choosing preferred courses of action;  such analysis shall incorporate best available scientific understanding of marine and ocean resources, as provided through research, mapping and monitoring, and other data collection activity;

(2)   an outreach and  participation program, consistent with section (d) of this act, which shall include early and continuing interaction with the  public, business sector, and municipal, state and federal officials, an opportunity for notice of the contents, public comment and a public meeting or meetings on the proposed ocean plan; and regular consultation with the department of conservation and recreation, the division of marine fisheries of the department of fish and game, the department of environmental protection, the energy facilities siting board, the Massachusetts highway department, the department of energy resources, the department of telecommunications and energy, the Massachusetts port authority and other state and federal agencies having jurisdiction over resources or activities within or affecting the ocean planning area, in order to achieve maximum feasible compatibility with the plans, programs, or projects for which such departments, divisions, boards and other agencies are responsible, and a summary of this participation program shall be included in the ocean plan;

(3)   identification of management measures, including but not limited to, performance standards, mitigation requirements, or use limitations, to be employed in the control of any development or other activities in the planning area;

(4)   identification of marine protected areas, consistent with section (h) below, to protect areas of special, sensitive, and/or unique estuarine and marine habitat and/or life (marine mammals, birds, reptiles, soft corals, and other bottom dwelling plants and animals), physical or submerged cultural resources, the protection of important fisheries and fishing activities from other uses, and/or the protection and study of marine biodiversity and ecosystems;

(5)   an implementation strategy  that specifies the arrangements that will ensure effective application of the identified management measures  within the planning area in question.  All offices 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 is consistent with the applicable provisions of an ocean plan as well as any provisions of this act.  Implementation arrangements may include, as appropriate, memoranda of understanding or other instruments of agreement to ensure coordination between the secretary and all relevant state agencies;

(6)   an effective time period of the ocean plan not to exceed 5 years and the proposed date when it will be re-evaluated, amended and renewed;  and

(7)   such other elements as may be deemed appropriate by the secretary of environmental affairs to serve the purposes of this act.

(d) The secretary of environmental affairs shall give notice and provide interested parties with the opportunity to present data, views or arguments in regard to the proposed ocean plan or any amendment thereto orally or in writing in accordance with the provisions of section 3 of chapter 30A.  At the conclusion of such public process and after consideration of public comments received during the public comment period, the secretary of environmental affairs may adopt the ocean plan or any amendments thereto. 

(e) The secretary of environmental affairs may reconsider the decision on an ocean plan or any amendment thereto only if a compelling basis for such reconsideration is presented in a written petition submitted within 21 days of the secretary’s decision by the planning representative of the municipality, any state agency, or ten or more citizens of the commonwealth.  Such petition for reconsideration must include a clear and concise statement of the specific objections to the secretary’s decision and relief sought, including specifically any changes that are proposed for consideration.  The secretary shall respond in writing to such petition within 21 days of the close of the petition period, and shall set forth the basis for such response including the reasons for any modification of the decision.  When the secretary’s decision is final, notice thereof shall be published in the next available edition of the Environmental Monitor and in the Massachusetts Register.

(f) The following structures, uses, and other activities are permanently prohibited in the geographic area described in section (a).      

(1)   the construction and/or operation of offshore or floating electric generating stations , except for renewable energy facilities if allowed by an ocean plan;

(2)   the dumping or discharge of commercial, municipal, domestic, or industrial wastes, except in areas not designated as an ocean sanctuary, provided such activity conforms to all applicable provisions of any ocean plan;

(3)   the incineration of solid waste material or refuse on, or in vessels moored or afloat, except if allowed by an ocean plan in an area  not previously designated as an ocean sanctuary by section 13 of chapter 132A;

(4)   the drilling or removal of any sand, gravel or other minerals, gases or oils;

(5)   commercial advertising;

(6)    the building or long term mooring of any structure on the seabed or subsoil, except for the following:

(i)                  channel and shore protection structures, navigation aids, and electric power or telecommunication cables, provided such structures conform to all applicable provisions of any ocean plan;

(ii)                industrial liquid coolant discharge and intake systems and other facilities

associated with the generation, transmission, and distribution of electric power, except as provided in subsection (f)(1) above, and provided such facilities are not located within the area designated as the Cape Cod ocean sanctuary by section 13 of chapter 132A, and conform to all applicable provisions of any ocean plan;

(iii)               aquaculture facilities that do not extend seaward beyond  the 15 foot depth contour, unless a farther seaward location is authorized by and conforms to all other applicable provisions of such ocean plan; and

(iv)              any other construction requiring authorization by license or permit in

accordance with the provisions of chapter 91 and its implementing regulations, if  the structure is a pier, wharf or other filled or pile-supported structure contiguous with the existing land mass above the high water mark, or if  the structure conforms to all applicable provisions of an ocean plan.

(g) Any project not prohibited by section (f) of this act shall meet all applicable requirements of other local, state, and federal laws and regulations, provided however that projects that have filed a chapter 91 license application and received a determination of completeness from the department of environmental protection prior to the date of enactment of this act shall not be subject to the requirements of this act, but must comply with sections 12A through 16F and section 18 of chapter 132A as appearing in the 2004 Official Edition as it was in effect at the time of the filing of the chapter 91 license application. 

(h) Within thirty days of the effective date of this act, the secretary of environmental affairs, acting by and through the Massachusetts office of ocean and coastal zone management, shall convene a marine protected areas policy review team for the purposes of developing recommendations to the secretary with respect to a formal process, criteria, and information standards for designating marine protected areas in the state’s ocean.  The director of the division of marine fisheries, or his designee, shall serve as co-chair of said team.  Said team shall consider ways to ensure a clear and inclusive public process, with appropriate roles for key state agencies in coordination with federal agencies and in consideration of other existing use restrictions.  Said team shall also address management planning, monitoring, and research requirements, and enforcement measures necessary to ensure that the objectives of the designations are being accomplished.  Said team shall consist of representatives of relevant state management agencies, ocean industries, commercial fishing interests, environmental organizations, and academia.  Said team shall seek and consider public input into its recommendations to the secretary of environmental affairs and shall make draft recommendations available for a public review and comment period through notice in the Environmental Monitor.

The secretary of environmental affairs shall have the authority to designate and enforce marine protected areas consistent with the recommendations of the marine protected areas policy review team.

The secretary of environmental affairs may reconsider the decision on a designation of a marine protected area only if a compelling basis for such reconsideration is presented in a written petition submitted within 21 days of the secretary’s decision by the planning representative of the municipality, any state agency, or ten or more citizens of the commonwealth.  Such petition for reconsideration must include a clear and concise statement of the specific objections to the secretary’s decision and relief sought, including specifically any changes that are proposed for consideration.  The secretary shall respond in writing to such petition within 21 days of the close of the petition period, and shall set forth the basis for such response including the reasons for any modification of the decision.  When the secretary’s decision is final, notice thereof shall be published in the next available edition of the Environmental Monitor.

The secretary of environmental affairs shall report to the General Court within one year after the effective date of this act identifying the regulations developed, and the progress made in designating marine protected areas.

(i) The secretary of environmental affairs, acting by and through the Massachusetts office of ocean and coastal zone management, may promulgate such regulations to implement, administer and enforce this act and to establish any variance procedures that the secretary determines are necessary to fulfill the purposes of this act.  

(j) The attorney general, the executive office of environmental affairs acting by and through the Massachusetts office of ocean and coastal zone management, or an other appropriate state agency may take such action as may be necessary from time to time to enforce the provisions of this act, and the superior court shall have jurisdiction to enforce the provisions hereof.

SECTION 4.  Sections 12A, 12C, 14 through 16 and 18 of chapter 132A are hereby repealed. 

SECTION 5.  Section 12B of chapter 132A of the General Laws, as appearing in the 2004 Official Edition, is amended by striking out the words “’Act’, the Massachusetts Ocean Sanctuaries Act.” in line 3.

SECTION 6.  Section 12B of chapter 132A of the General Laws, as appearing in the 2004 Official Edition, is further amended by striking out, in lines 13-14 and 15, the words “environmental management” and inserting in place thereof the following: — environmental protection.

SECTION 7.  Section 16A of chapter 132A of the General Laws, as appearing in the 2004 Official Edition, is amended by striking out “section fifteen” in lines 1 and 7 and inserting in place thereof: — section 4C(d) of chapter 21A.