Prohibited and Allowed Activities

(1) Prohibited Activities in Ocean Sanctuaries. In all five of the Ocean Sanctuaries, the following Activities are prohibited. (a) Prohibited unconditionally: 1. Drilling or removal of gases or oils. 2. Commercial advertising, where advertising is the primary intent. 3. Incineration of refuse on, or in, vessels. (b) Prohibited with exceptions: 1. The dumping or discharge of commercial, municipal, domestic, or industrial wastes except as allowed in 301 CMR 27.05(2). 2. The drilling or removal of minerals except as allowed in 301 CMR 27.05(2)(g). 3. The construction or operation of offshore or floating electric generating stations except as allowed in 301 CMR 27.05(2)(j). 4. The building or laying of structures on the seabed or subsoil, except as allowed in 301 CMR 27.05(2). (2) Allowed Activities in Ocean Sanctuaries. The following Activities are allowed, provided they receive all required authorizations: (a) Transient, vessel-based Activities, including but not limited to: commercial and recreational fishing, shipping, fuel transport, passenger transport, recreational boating, wildlife viewing, scientific research, and U.S. Coast Guard and military operations. (b) The operation and maintenance of approved and licensed discharges from existing municipal, commercial, or industrial facilities but not any change in or extension of associated structures or uses unless permitted by 301 CMR 27.06. (c) A new or modified discharge of municipal wastewater from a publicly owned treatment works as approved by the Department according to 301 CMR 27.06. (d) Discharges from facilities designed to abate existing discharges exclusively from combined sewer overflows (CSOs) when such facilities are approved by the Department and when existing discharges from CSOs degrade or threaten to degrade the designated Ocean Sanctuary. (e) Discharges from vessels, except sewage, when allowed in accordance with the appropriate state and/or federal approvals and licenses. (f) Dredging for navigational purposes. (g) The extraction of sand and gravel solely for beach nourishment and restoration and shore protection or as incidental to other allowed and permitted Activities. (h) The harvesting and propagation of fish and shellfish in all forms, so long as the Office and the Department of Fish and Game are satisfied that the Activities are carried on in accordance with sound conservation practices designed to maintain, increase, or restore existing finfish or shellfish stocks by the management of resources. (i) Temporary educational and scientific Activities jointly permitted by appropriate state agencies. (j) The construction and operation of offshore or floating electric generating facilities only if: 1. Such electric generating facilities are used on an emergency and temporary basis for supply of energy and otherwise consistent with the Ocean Management Plan; or 2. In areas other than the Cape Cod Ocean Sanctuary, such electric generating facilities are appropriately-scaled renewable energy facilities as defined by the Ocean Management Plan, and provided the renewable energy facility is consistent with the Ocean Management Plan and 301 CMR 28.00: Ocean Management Plan. (k) The building or laying of structures on the seabed or subsoil only if: Such structures are temporary and do not meet the definition of “structure” at 301 CMR 9.02: Definitions; or 2. Except in the Cape Cod Ocean Sanctuary, such structures are associated with the generation, transmission, and distribution of electric power, including the construction, reconstruction, operation and maintenance of industrial liquid coolant discharge and intake systems, unless such structures are otherwise prohibited by 301 CMR 27.05(1)(b)3.; or 3. Structures associated with the operation and maintenance of existing municipal, commercial or industrial facilities; or The laying of cables approved by the Department of Public Utilities or the Department of Telecommunications and Cable; or 5. Channel and shore protection projects; or 6. Navigational projects and aids; or 7. Other projects authorized under M.G.L. c. 91 and 310 CMR 9.00: Waterways deemed to be of public necessity and convenience, including but not limited to: natural gas lines, water mains, and wastewater and stormwater pipes; or 8. Structures associated with the harvesting and propagation of fish and shellfish in all forms, provided such Activities are consistent with sound conservation practices as determined by the Office and the Department of Fish and Game; or Other improvements not specifically prohibited in 301 CMR 27.06(1) that are consistent with M.G.L. c. 132A, §§ 12A through 16K and § 18, including maintenance and repair of existing structures but not any change in or extension of such structures.