Consistency of Agency Authorizations

(1) It shall be the responsibility of all Agencies to ensure that all authorizations for any proposed Activities in a Ocean Sanctuary are consistent, to the maximum extent practicable, with the provisions of M.G.L. c. 132A, §§ 12A through 16K and § 18 and 301 CMR 27.00. (2) An agency authorizing an allowed Activity, shall include a determination in its M.G.L. c. 30, § 1, findings pursuant to MEPA, that all feasible measures have been taken such that its approval of the Activity is consistent with M.G.L. c. 132A, §§ 12A through 16K and § 18 and that it has complied with all of the applicable legal performance standards with respect to assuring that no significant alteration standard for the Ocean Sanctuaries is met. The Agency shall specify any measures required to achieve consistency with the standard, the Person or Agency responsible for funding and implementing such measures, and the anticipated implementation schedule that will ensure that the measures shall be implemented prior to, or when appropriate, in relation to the timing of unavoidable impacts. (3) In accordance with M.G.L. c. 132A, § 16, in the determination of a project’s public necessity and convenience, this standard shall be administered by the Department’s Chapter 91 license under 310 CMR 9.00: Waterways and by the Office in its federal consistency determination under 301 CMR 20.00: Coastal Zone Management Program, as applicable, and subject to the general oversight function of the Office. In applying this standard in the review of an applicant’s license or consistency certification, the agencies shall consider the following factors: (a) the project’s purpose, need, and the public it serves; (b) the benefits and detriments to the public and public interest, including effects on the environment; on public health, safety and wellbeing; on navigation and commerce, including recreational and commercial fishing, recreation boating, shipping, and transportation; and on recreation and recreational uses; (c) the applicant’s demonstrated abilityto build, maintain, and decommission structures and facilities on public tidelands; (d) the extent to which existing uses or facilities will be affected by the proposed facility or use; and (e) the project’s consistency with the Ocean Management Plan.