Massachussetts Oceans Act of 2008

With the International Year of the Reef well underway, publicity opportunities abound for American politicians to tip their hat to the marine ecosystems within their purview. Legislation is ongoing in nearly every state that borders an ocean, and Massachusetts Governor Deval Patrick recently jumped on the bandwagon when he signed his state's Oceans Act of 2008 (Chapter 114 of the Acts of 2008: An Act Relative to Oceans) into law in late May. The Act requires state officials to develop a management plan for development in state waters.

First Management Plan for a State’s Ocean Waters in U.S. History

The Governor used the New England Aquarium in Boston as the backdrop for the signing ceremony for what is being heralded as the first management plan for a state’s ocean waters in the United States. The Act calls for A total of 1.6 million acres of water will be affected in what organizations such as the Ocean Conservancy are already calling a “road map” for other states. The Act will, according to proponents, create a single document to cover most activities in state waters when it

Threats from Potential Development - "A Cacophony of Activity"

The Governor’s actions come at a time when environmental groups have increasingly expressed concerns about a slew of potential development in Massachusetts waters such as a natural gas terminal, mining operations and the hotly debated Cape Wind project, the nation’s first offshore wind farm. At present, development plans are dealt with on a case-by-case, first-come-first-served basis.

The Massachusetts State Secretary of Energy and Environmental Affairs told the New York Times on 29 May 2008, the day after the Act was signed, that there is “a symphony, sometimes a cacophony of activity going on or proposed in our coastal waters…. What’s unique about this is [act] puts everything on the table, how to prioritize things, how to protect areas that need to be protected, support fishing and energy, and prepare for development.”

The Act Itself

Pragmatically-speaking, the new Act:

• Gives authority for ocean management plan development and implementation to the Secretary of the Executive Office of Energy and Environmental Affairs.

• Requires an integrated, ocean management plan to be developed by the state, advised by a 17 member ocean management commission which includes state agency representatives, state legislators, municipal officials, and environmental, fishing, and marine industry stakeholders.

• Requires the use of best available science to develop the plan, as advised by a 9-member ocean science advisory council comprised of academic, industry and government scientists

• Allows “appropriate-scale” renewable energy facilities, as defined in the plan, in ocean sanctuaries other than the Cape Cod Ocean Sanctuary.

• Sets up an Ocean Resources and Waterways Trust Fund, which will receive ocean development mitigation fees, to support goals and implementation of the plan

The Oceans Act of 2008 is the result of three years of negotiation and collaboration between the lead Senate sponsors, environmental groups, fishing organizations, and other ocean users.

Public Aquaria - Interface of Entertainment, Education, Science, and Conservation

The symbolism of signing the Act at the New England Aquarium was clear throughout the day. “Today in Massachusetts, and around the world,” the Governor explained against a backdrop of Boston Harbor and sailboat masts, “we face new challenges from climate change, pollution, and habitat degradation. At the same time, we are seeing new opportunities in industrial fishing, coastal tourism and marine research conducted at places just like this one, the New England Aquarium.”

Later, the Governor was photographed, sleeves rolled up, reaching into the “Edge of the Sea” exhibit and then with a 2,500 pound sea turtle. The aquarium, he seemed to be implying, is the interface between people and ocean, science and wonder.

House Speaker Sal DiMasi echoed the same sentiment in his remarks delivered as the signing ceremony. He thanked the Aquarium for being “an unbelievable neighbor,” and he highlighted the Aquarium’s children visitors. “They're fascinated. You could see their eyes wide open about all of the things they're learning about the ocean and about the animals that live in the ocean, and that is an inspiration for all of us.”

If only that same wide-eyed wonderment could be sustained every day amidst politics, money and all the other forces that have for so long kept the world’s oceans in a state of decline.

Atlantic Bathymetry

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