Jurisdiction

(1) Areas Subject to Jurisdiction. (a) Activities listed in 301 CMR 28.03(2) that occur in all or part of the Ocean Management Planning Area are subject to jurisdiction. (2) Activities Subject to Jurisdiction. (a) Any Person engaged in the following Activities shall comply with the siting and performance standards set forth in 301 CMR 28.04. (b) Within the Ocean Management Planning Area, the Ocean Management Plan standards apply to Activities that are required to file an Environmental Impact Report. (c) Proponents of Activities that exceed Environmental Notification Form thresholds are required to document any potential impacts to Special, Sensitive and Unique Resources or areas of Concentrations of Water-dependent Uses. (d) The Ocean Management Plan may be amended to include other Activities allowed under M.G.L. c. 132A, §§ 15 and 16 pursuant to 301 CMR 28.07. (e) Upon written request, the Secretary or his or her designee will provide Proponents, Persons, or Agencies with a written advisory opinion regarding the applicability of the Ocean Management Plan or 301 CMR 28.00. (f) Activities that are allowable pursuant to M.G.L. c. 132A, §§ 15 and 16 and that are not required to develop an Environmental Impact Report are presumed to meet the standards in 301 CMR 28.04. (3) Protected Resources and Uses. (a) The Ocean Management Plan identifies key components of Massachusetts estuarine and marine ecosystems, defined as Special, Sensitive or Unique Resources, and establishes standards to protect them. The Ocean Management Plan also establishes management guidance for balancing potential impacts to areas with Concentrations of Water-dependent Uses with new Activities in the Ocean Management Planning Area. The standards for protected resources and uses are contained in 301 CMR 28.04. (b) Maps developed in the Ocean Management Plan and maintained in the Massachusetts Ocean Resources Information System delineate the areas of defined Special, Sensitive or Unique Resources and Concentrations of Water-dependent Uses. These maps shall be used to ensure that the standards in 301 CMR 28.04 are met. Additional information, including more accurate characterization or delineation of Special, Sensitive or Unique Resources and Concentrations of Water-dependent Uses, may be required pursuant to a Secretary's MEPA certificate. This additional information and other information made available during MEPA review will be utilized in the review and authorization of proposed Activities. (4) Activities and Resources Not Subject to Ocean Management Plan Jurisdiction. (a) Pursuant to M.G.L. c. 130 and any other applicable general or special law, the Division of Marine Fisheries shall have sole responsibility for developing and implementing any fisheries management plans or fisheries regulations. Marine fisheries shall be managed in compliance with the applicable rules and regulations of the Division of Marine Fisheries and federal or interstate fishery management plans issued pursuant to M.G.L. c. 130 or any other applicable general or special law and shall be integrated, to the maximum extent practicable, with the Ocean Management Plan. (b) Maps and information contained in the Ocean Management Plan will assist the Division of Marine Fisheries in the review of proposed Aquaculture Facilities pursuant to 322 CMR 15.00: Management of Marine Aquaculture.