1. Marine spatial planning in Massachusetts: Development of a comprehensive Ocean Management Plan Presentation for NOAA: August 11, 2009 Bruce Carlisle & John Weber MA Office of Coastal Zone Management

2. Outline Oceans Act of 2008 MSP – translating the Oceans Act through spatial data Marine use screening/compatibility Marine ecosystem protection Draft plan: – Management areas – Siting and management of allowed uses – Administration – Science framework Next steps

3. Oceans Act of 2008 Confirms EEA Secretary as trustee of the Commonwealth’s oceans Directs Secretary to establish an ocean management plan by December 31, 2009 Creates two consultative bodies: – Ocean Advisory Commission – Ocean Science Advisory Council Contains a set of directives: “oceans 15”

4. The plan shall: Governance …set forth goals, siting priorities and standards for ensuring effective stewardship of its ocean waters held in trust for the benefit of the public …identify appropriate locations and performance standards for activities, uses and facilities allowed under the Ocean Sanctuaries Act Human use (ecosystem services) …reflect the importance of the waters to its citizens who derive livelihoods and recreational benefits from fishing …foster sustainable uses that capitalize on economic opportunity without significant detriment to the ecology or natural beauty of the ocean Ecosystem components …identify and protect special, sensitive or unique estuarine and marine life and habitats …value biodiversity and ecosystem health Six of the “oceans 15”

5. Ocean planning area Ocean sanctuaries Federal areas of note Jurisdictional boundaries

6. Primary uses, activities and facilities (UAFs) allowed under Ocean Sanctuaries Act Harvesting and propagation of fish and shellfish Renewable energy facilities of appropriate scale Laying of cables Municipal wastewater treatment discharges and facilities Sand and gravel extraction for shore protection or beach restoration Channel and shore protection projects Educational and scientific activities Projects authorized under Chapter 91 and deemed to be of “public necessity and convenience”

7. 15 requirements of the Act GOALS Balance and protect the natural, social, cultural, historic, and economic interests of the marine ecosystem Recognize and protect biodiversity, ecosystem health, and the interdependence of ecosystems Support wise use of marine resources, including renewable energy, sustainable uses, and infrastructure Incorporate new knowledge as the basis for management that adapts over time to address changing social, technological, and environmental conditions OUTCOMES Integrated ocean management plan Special, sensitive, unique resources identified and protected Areas for renewables and other uses identified with performance standards Blueprint for Plan 2.0: science, stakeholder, policy/management adaptive frameworks STRATEGIES

8. Translating the Oceans Act into an ocean plan through spatial data Oceans Act Goals and strategies Plan objectives Decision-making guidance Compatibility assessment Use siting preferences Functional compatibility analysis Policy decisions Screening criteria Represent compatibility assessment with available spatially-explicit data Draft Plan development Develop plan based on synthesis of spatial and management elements

9. Oceans Act requirement GoalStrategyData Reflect the importance of the waters of the Commonwealth to its citizens who derive livelihoods and recreational benefits from fishing Effective stewardship: Facilitate careful and responsible management for wise and sustainable use of the marine ecosystem Minimize conflicts with fishing by siting new development areas outside areas of: Significant commercial fishing effort and value Concentrated recreational fishing activity Commercial fishing: DMF catch reports, SAFIS data, NMFS vessel trip reports Recreational fishing: DMF survey MMTA survey Connecting statutory mandate through goals, strategies to spatial information

10. Commercial fishing activity Recreational activity

11. Oceans Act requirement GoalStrategyData Support the infrastructure necessary to sustain the economy and quality of life for the citizens of the commonwealth Effective stewardship: Facilitate careful and responsible management for wise and sustainable use of the marine ecosystem Consider significant navigation areas and connections Management measures for utilities based on compatibility and other factors Coast guard nav. areas AIS large vessel tracks VMS fishing vessel tacks Cables and pipelines Active and inactive disposal sites Connecting statutory mandate through goals, strategies to spatial information

12. Navigational uses Infrastructure

13. Screening and compatibility: Wind energy sites Use siting preference criteria: – Wind speed: >7.5 meters/second Increments above matter – Water depth: 20 meters for mono-pile technologies (existing application) 60 meters for jacket truss technologies (in development / pilot application) Influences extreme storm wave height – Sub‐bottom geology

14. Screening and compatibility: Wind energy sites Exclusionary: significant potential for adverse effects or functional incompatibility – Buffer from development and near-coast activities: Areas within 1 mile of shoreline (MLW) of inhabited land – High concentrations of marine avifauna: Core nesting, staging, and critical foraging areas for Roseate Tern Special Concern (Arctic, Least, and Common) Tern critical habitat areas Long‐Tail Duck important habitat Colonial water birds important nesting habitat areas – High concentrations of whales: North Atlantic Right Whale core habitat area

15. Screening and compatibility: Wind energy sites Exclusionary: significant potential for adverse effects or functional incompatibility – Water-dependent marine uses: Coast Guard-designated navigation areas (shipping channels and traffic lanes, precautionary areas, anchorage areas, pilot boarding areas) Ferry routes Areas of high/significant commercial fishing effort and value Direct transit navigation routes for shipping and fishing – Regulated airspace: FAA/MAC designated buffers

16. Screening and compatibility: Wind energy sites Constraint: some potential for adverse effects or incompatibility – High concentrations of marine avifauna: Leach’s Storm Petrel important nesting habitat areas – High concentrations of whale populations: Humpback and Fin Whale important habitat areas – Historic / archaeological resources: Known historic / archaeological sites

17. Screening and compatibility: Wind energy sites Constraint: some potential for adverse effects or incompatibility – Water-dependent marine uses: Areas of medium commercial fishing effort and value Areas of concentrated recreational fishing activity Direct transit navigation routes for recreation Concentrations of recreational uses

18. Compatibility assessment for siting of commercial renewable wind energy facilities

19. Need for systematic methodology to evaluate and discriminate ecological importance of planning area Development of Ecological Valuation Index – Compile and analyze spatial data Marine mammals: 4 species Avifauna: 5 species Crustaceans and Mollusks: 13 species Fish: 22 species – Apply standard set of criteria and scoring: Major contribution to fitness of population Spatial rarity Global and regional importance Ecological Valuation Index

20. Ecological Valuation Index: Three output options Ecological Valuation Index: Quartile distribution all scores for species occurring in grid cell Ecological Valuation Index: Quartile distribution all scores for species occurring in grid cell by group Ecological Valuation Index: Decile distribution all scores for species occurring in grid cell by group

21. Benefits of EVI – Differentiates areas in terms of their ecological value, using data on marine organisms – Help identify areas esp. suitable for protection – 1 st step toward managing based on ecosystem perspective Limitations of EVI – Data availability and spatial resolution – Difficulties in applications for abiotic endpoints – Coarse tool: evolving understanding of ocean ecosystem interactions Ecological Valuation Index

22. Prohibited: Fixed standard –Prohibited by law (CC OS) –Prohibited by plan (commercial-scale wind) Renewable Energy Area – Specifically designated for commercial wind energy facilities Multi-use – Uses, activities, facilities allowed by Ocean Sanctuaries Act – Managed based on siting and performance standards associated – Development directed away from important resources (SSUs) and concentrations of existing water-dependent uses Management framework

23. Management areas in draft ocean plan

24. Renewable energy areas in draft ocean plan

25. Wind energy development areas Rigorous screening, compatibility assessment, cumulative effects/conflicts Wind energy sites: – State waters area SW of Elizabeth Islands – State waters area SW of Noman’s Land – 2% of planning area – Adjacent Federal waters Additional feasibility and evaluation Coordination with MMS and federal agencies

26. Siting and review of other UAFs Outside of Renewable Energy Area and Prohibited Area, remainder of uses, activities, and facilities (UAFs) allowed by Ocean Sanctuaries Act are directed away from high value resources and concentrations of existing water-dependent uses Review for new UAFs: – Primarily through MEPA, supported by agency authorizations – Avoid or demonstrate no less damaging practicable alternative

27. Project location within areas of special, sensitive or unique resources Siting standard Performance standard  North Atlantic Right Whale core habitat area  Humpback and Fin Whale important habitat areas  Roseate Tern core habitat areas  Special concern (Arctic, Least, and Common) tern core habitat areas  Long-tailed Duck important habitat areas  Leach’s Storm Petrel important nesting habitat areas  Colonial water birds important nesting habitat areas  Areas of hard/complex seafloor  Eelgrass  Intertidal flats  Important fish resource areas Avoid, or demonstrate that there is no less damaging practicable alternative, or demonstrate that data does not accurately characterize resource or use Meet all applicable permitting standards; minimum baseline standard is avoid, minimize, and mitigate impacts to the maximum extent feasible

28. Project location within areas of existing water-dependent uses Siting standard Performance standard  Areas of high commercial fishing by effort and value  Areas of concentrated recreational fishing  Areas of concentrated commerce and commercial fishing traffic  Areas of concentrated recreational boating activity Avoid, minimize, and mitigate impacts to the maximum extent feasible; use mapped areas to guide alternatives analysis and additional project-specific characterization of existing uses and potential impacts. Secretary may require higher siting standard, above, on project-specific review of potential significance of impacts to mapped commercial or recreational activity.

29. Resources and uses for siting/management: commercial tidal energy facilities

30. Resources and uses for siting/management: sand/gravel extraction

31. Resources and uses for siting & management: telecommunication & electric cables

32. Resources and uses for siting & management: pipelines

33. EEA Interagency Ocean Team Planning and coordination for policy development, scientific research, and regulatory decision-making Ocean Resources and Waterways Trust Fund Secretary is trustee of the fund in coordination with DEP Commissioner Develop standardized compensatory mitigation and/or lease and occupation fees Protocols for routine plan updates New geospatial data/information on uses or resources Technical corrections for errata or language clarifications Minor changes to specified management area boundaries. Administration

34. Blueprint for evolving knowledge and understanding: –Summaries major marine ecosystem components and drivers –Illustrates important information needs –Describes the key actions identified to further operational objectives Ecosystem monitoring, characterization, mapping, and classification Characterization and mapping of human uses/activities Ecosystem models and decision-support tools Applied scientific research Integrated data management and communication network Science framework

35. Next steps 6 month review prior to plan promulgation: June 30 Formal public hearings in 1 st part of September OAC and SAC meetings and stakeholder input Further work on several components – Advisory committee examining Ocean Sanctuaries Act provisions (i.e., “significantly alter” and “public necessity and convenience”) – Improve / further develop key spatial data sets – Develop indicator framework – Integrated data management and communication network Finalize and promulgate plan: December 31 Adopt as part of MA coastal program plan

36. For more information: www.mass.gov/eea/mop www.mass.gov/czm/oceanmanagement www.massoceanpartnership.org