Ocean Development Mitigation Fee

(1) Any Activity subject to the jurisdiction of the Ocean Management Plan and these regulations and requiring a permit or license issued by a department, division, commission, or unit of the Executive Office of Energy and Environmental Affairs and other affected agencies or departments of the commonwealth shall be subject to an Ocean Development Mitigation Fee as established by the Secretary. The purpose of the fee is to compensate the Commonwealth for unavoidable impacts of ocean development Activities on the broad public interests and rights in the lands, waters, and resources of the Ocean Planning Area and to support the planning, management, restoration, or enhancement of marine habitat, resources, and uses pursuant to the Massachusetts Oceans Act. No portion of the fee assessed by the Secretary shall be based on the Activity requiring a commercial or recreational fishing permit or license. (2) All fees assessed by the Secretary shall be deposited in the Ocean Resources and Waterways Trust pursuant to M.G.L. c. 10, § 35HH and shall be administered in accordance with the purposes of the Fund and guidelines established by the Secretary. (3) The fee structure for ocean development Activities subject to the Ocean Management Plan and 301 CMR 28.00 shall be contained and promulgated in the Ocean Management Plan. (4) The Ocean Development Mitigation Fee as determined by 301 CMR 28.06(3) will be listed in the final MEPA certificate. (5) Nothing in 301 CMR 28.06 shall modify or otherwise affect an Agency's independent authority to require the Proponent to provide mitigation or compensation in lieu of mitigation as a condition of a permit or license issued by the Agency for the Activity.