Abstract
The Massachusetts Oceans Act/plan of 2008 is a legislation enacted by the state which requires the development of a management plan that is comprehensive for the marine waters of every state. The plans’ objective is a balance between human activities and natural resources presentation, especially renewable energy, in marine waters that fall under states jurisdiction.
The plan is to be promulgated after six months of public hearings and notice giving the public a chance of commenting on the draft plan. After the public hearing and notice, the plan will be incorporated formally into the coastal zone of the state’s management program.
Introduction
This plan placed all coordination, oversight and planning and management authority over ocean and waters of the commonwealth. This means that the development of the plan has been left on the Secretary of Energy and Environmental Affairs hands. In order to assist in the development of the plan, the Oceans Act has come up with a science advisory council and an ocean advisory commission.
The council together with the commission are expected to meet at least quarterly but can as well meet under the Secretary’s directions. The ocean advisory commission will be made up of 17 members who will include nine government officials and eight non government representatives.
The Ocean Management Plan
The plan for ocean management is expected to cover all the maters that fall under the Massachusetts jurisdiction. The Act requires the plan to include any submerged lands and waters of the ocean from the boundaries of the Ocean Management Planning Area. The plan also has to detail the state, municipal and federal boundaries and may come up with recommendations on ways to clarify them.
It is the expectation of the Act that this plan will fulfill and consider the objectives of all the targeted states. According to the plan, each targeted state has to come up with sitting standards and priorities that will ensure the marine waters are protected. The states are also expected to identify locations that are appropriate and define performance standards for all marine uses, activities and facilities.
The plan intentions are to protect and identify unique and sensitive marine and estuarine life and habitats. This plan is expected to cultivate sustainable uses as well as coordinate activities that fall under federal, state, local, and international authority (Barbo, 2009).
In the development of this plan, many considerations will be put on the existing historical, social, cultural, natural and economic characteristics of the regions cover in the plan. According to the Act, nothing is construed to interfere with the jurisdictional authority of the marine fisheries division.
However, in order to maximize the extent practicable, the plan is in such away that the marine fisheries will be expected to be integrated together with the ocean management plan.
The Act permits an important change in the pre existing Massachusetts law so as to meet the requirements of the plans. It allows the floating or sitting of offshore electric energy facilities in almost all the state waters. This had been earlier prohibited prior the 2008 Oceans Act (Tundi, 2010).
The plan takes into consideration the requirements of the criminal justice system. Some of the considerations include; the law that prohibits any offshore renewable energy equipment and facilities to be illicit if they fail to coincide with the ocean plan. Once the plan meets all the requirements of the law, the ocean management plan will be presented to the Secretary of Energy and Environmental Affairs.
At this point, all licensees, certificates, approvals, and permits for any structures proposed in the plan, activities or uses in the areas covered in the ocean management plan will be consistent to the most possible extent practicable according to the plan (Barbo, 2009).
The Secretary is expected to promulgate any regulations for administering, implementing and enforcing the Act. This plan will also be included into the already existing management plan of the state coastal zone once the changes get approved by the Secretary of Commerce of the United States.
By having this plan enforceable by applying these measures, Massachusetts will have the authority to have the plan enforced against state, local government, and federal activities carried out with the federal assistance and any other activities under a federal permit or license (Tundi, 2010).
References
Barbo, T. (2009). Nantucket Sound: A Maritime History. New York, NY: The History Press
Tundi, A. (2010). Ocean Zoning: Making Marine Management More Effective. New York, NY: Routledge Press