1. Operationalizing Marine Spatial Planning: What’s in it for Business? Kathryn J. Mengerink, J.D., Ph.D. Co-Director, Ocean Program Environmental Law Institute

2. What is marine spatial planning? Decision- Makers Scientists Stake- holders that includes the right people Map-based planning process Ecological Economic Social and uses a full suite of information to achieve ocean vision and goals Done correctly, marine spatial planning could improve ocean science, protect key resources, and support economic development of the ocean.

3. What’s in it (could be in it) for Business? 1.Regulatory certainty 2.Clear standards 3.Reduced burden 1.Regulatory certainty 2.Clear standards 3.Reduced burden

4. Example: Massachusetts MSP Massachusetts Oceans Act Mandatory marine spatial plan and compliance with plan Colonial water birdsHigh commercial fishingRecreational boating

5. Massachusetts MSP Siting and performance standards for multi-use areas Special, sensitive, unique resources Siting standard Performance standard What do the siting and performance standards require?

6. Avoiding SSU Areas 1.Presumption against impact. 2.Overcome by: demonstration of no less environmentally damaging practicable alternative No significant alteration of resources Mapped data are inaccurate 3.Demonstrate public benefits outweigh public detriment.

7. Massachusetts MSP Siting and performance standards for multi-use areas Special, sensitive, unique resources Siting standard Performance standard Public benefit determination for cable line through tidelands Mitigation measures, such as adjusting installation technique, limit impact to SSU. Public benefit, including prevention of communication outages, outweighs harm to SSU.

8. How can you achieve success without a mandate? National Environmental Policy Act An environmental impact statement is required for all federal actions that significantly affect the quality of the human environment.

9. NEPA could help operationalize the National Ocean Policy Action/ApproachNEPAMSP Environmental baseline assessmentXX Consideration of alternatives (trade-offs)XX Cross-sector approachXX Spatially explicit analysisXX Identify and assess cumulative impactsXX Planning toolXX Tool to coordinate across agencies & jurisdictions XX MSP and NEPA have similar objectives and approaches.

10. Taking advantage of Tiering Tiered NEPA with MSP can: Reduce redundant analyses Reduce project-level costs Create fairness for project-level proponents Improve cumulative impact assessments Improve comprehensive mitigation measures Create incentive for compliance with CMS plan 1. National CMSP Guidance 2. Regional CMS Plans 3. Project-level decisions Programmatic EIS (national) Region 1 EISRegion 2 EISRegion 3 EIS

11. NEPA & MSP Conclusions Done right, tiered NEPA analysis that accompanies CMSP should result in better project-level environmental impact decision-making. Use of the CMS plan and environmental assessment can help determine whether a proposed action is one that “significantly affects the quality of the human environment.”

12. Geospatial NEPA Concept

13. Thank You! Kathryn J. Mengerink, J.D., Ph.D. Co-Director, Ocean Program Environmental Law Institute mengerink@eli.org (858) 822-5821