Current through Register 1531, September 27, 2024
(1) Consistent with M.G.L. c. 21A, § 4C,
the development and revision of the Ocean Management Plan is the authority and
responsibility of the Secretary. The Office of Coastal Zone Management will
support the Secretary, and act on his or her behalf as delegated, in the
administration, implementation, and oversight of the Ocean Management Plan and
301 CMR
28.00.
(2)
The Secretary shall ensure that the Ocean Management Plan, its baseline
assessment, and the enforceable provisions of relevant statutes and regulations
are reviewed at least once every five years.
(3) The scope of such review will be
determined by the Secretary in consultation with the Ocean Advisory Commission
and the Ocean Science Advisory Council.
(4) The following changes to the Ocean
Management Plan shall be made only through an amendment:
(a) The revision of existing or the creation
of new management area locations or boundaries, excepting minor
adjustments;
(b) The substantial
revision of existing or the creation of new management standards;
(c) The identification of new or removal of
current protected Special, Sensitive, or Unique Resources;
(d) The identification of new or removal of
current protected areas of Concentrations of Water-dependent Uses;
or,
(e) Other changes that would
result in significant alteration to the management framework or geographic
extent of the plan.
(5)
The Secretary will conduct the review and amendment process in accordance with
the following guidelines:
(a) The plan
amendment process will be initiated with a public notice in the
Environmental Monitor announcing the intent to review and
amend the current Ocean Management Plan.
(b) Public hearings will be held to receive
input on the content and implementation of the current Ocean Management Plan.
Generally, a hearing will be held in the each of the following regions: North
Shore, Metro Boston, South Shore, Cape and Islands, and South
Coastal.
(c) The Secretary will
consult with the Ocean Advisory Committee in determining the scope of the plan
amendment and in the development of amendments pursuant to said
scope.
(d) The Secretary will
consult with the Ocean Science Advisory Council in determining the scope of the
updated baseline assessment scope and in the review of science related to the
plan amendment scope.
(e) The
Secretary will make a draft of the plan amendment available in electronic and
printed copy form for public comment. Public hearings will be held on the draft
amended plan. The public comment period will remain open for a minimum of 60
days after the last hearing.
(f)
After the close of the public comment period, the Secretary will promulgate a
final amended Ocean Management Plan and will file the plan with the House of
Representatives and Senate clerks.
(g)301 CMR
28.00 will be revised as necessary to implement,
administer and enforce M.G.L. c. 21 A, § 4C and the Ocean Management
Plan.
(6) Distinct from
an amendment to the Ocean Management Plan, updates are revisions to the plan
intended for proposed changes necessary for effective and efficient
administration but not at the scope or scale of an amendment. The following
changes to the Ocean Management Plan may be made through an update:
(a) Corrections to address errata, technical
discrepancies or errors, or to clarify intent or meaning;
(b) Updated data and information on the
spatial extent or further characterization of Special, Sensitive and Unique
resources or Concentrations of Water-dependent Uses;
(c) Minor shifts in existing management area
boundaries; and
(d) Other
adjustments that do not result in significant changes to the management
framework or geographic extent of the Ocean Management Plan.
(7) The Secretary will conduct the
update process in accordance with the following guidelines:
(a) Requests for an update by an Agency or
Person will be submitted to the Secretary. Proposed updates must meet a
confirmed need for adjustments to the plan or clarify the management or
administrative framework of the current and any proposal for an update must
include a clear summary statement and rationale for the purpose of the
update.
(b) For a proposed update
that pertains to new or updated data on Special, Sensitive, or Unique Resources
or Concentrations of Water-dependent Uses, the update must conform with the
data standards and processes contained in
301 CMR
28.08.
(c) The Secretary will seek input from
Agencies and will consult with the Ocean Advisory Commission and the Ocean
Science Advisory Council on the proposed update.
(d) The Secretary will provide for public
notice in the Environmental Monitor of the intent to update
the Ocean Management Plan upon a determination that the update meets the above
criteria and will further the goals of the Ocean Management Plan. The public
comment period will be at least 30 days. The Secretary may hold one or more
public hearings on the proposed update.
(e) After the close of the public comment
period, the Secretary will issue a final decision on the proposed update. This
decision will be noticed in the Environmental
Monitor.
