The legislation, the first of its kind in the United States, authorizes the creation of a comprehensive Ocean Management Plan to regulate many uses of Massachusetts coastal waters.
The Oceans Act of 2008, signed into law by Massachusetts Governor Deval Patrick on May 28, 2008, is the first of its kind in the United States. The Act authorizes Secretary of Energy and Environmental Affairs Ian A. Bowles to create a comprehensive Ocean Management Plan by December 31, 2009. The secretary will be advised by two newly formed groups: a 17-member Ocean Advisory Commission, made up of political appointees as well as representatives from the fishing and energy industries, and a nine-member Ocean Science Advisory Council made up of scientists from academic institutions and the private sector.
Multipurpose Legislation
The culmination of the Oceans Act will be the Ocean Management Plan. The Plan will be designed to regulate many uses of the Massachusetts coastal waters—everything from wind farms to whale watching to cruise ships to the "sacred cod." The goal of the Plan is to incorporate the diversity of concerns about use of Massachusetts ocean waters, including environmental concerns, fishing, energy use and public access. Notably, commercial fishing will still be regulated by the Division of Marine Fisheries and will not be under the direct control of the Ocean Management Plan.
Ocean Zoning
Essentially, the legislation ensures that there will be a zoning plan for the initial three miles of Massachusetts coastal waters. Replacing the current ad hoc evaluation for industrial developments and other proposals, the legislation mandates an integrated approach to regulating ocean use.
Once the Plan is developed and adopted by the end of 2009, all certificates, licenses, permits and approvals for structures or uses will need to be consistent with the terms of the Plan. However, projects that have received approval prior to the effective date of the Act will not be affected.
The Act prohibits building structures on the seabed or under the subsoil; drilling for minerals, gases or oils; dumping; commercial advertising; and incineration of solid waste. "Appropriate-scale" offshore renewable energy development, such as wind farms, is allowed by the Act in state waters except for the Cape Cod National Seashore. However, no new projects may be developed until the Ocean Management Plan is completed in 2009.
Effects On Current And Future Energy Development
The Act does not affect the proposed Cape Wind project since that project would be located in federal waters. The effect of the legislation on other proposed projects, such as the Buzzards Bay wind farm or a liquefied natural gas pipeline, is not yet clear.
International Ocean Zoning And Impact On Industry
Although Massachusetts is the first state in the United States to enact this type of comprehensive legislation, there are other international ocean laws that are equally comprehensive in Australia, New Zealand and Canada.
Canada's nationwide Ocean Act legislation, enacted in 1996, emphasizes the Canadian legislature's concern with environmental degradation and protection of natural resources. At the same time, renewable energy exploration and development continue to expand in Canada. Each province retains some jurisdictional power over their territorial waters, and recently Nova Scotia approved the development of tidal energy production. British Columbia is considering approving similar developments.
Summer associate Bridget O'Connell contributed to this article.
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