Standards for Plan Review, Amendments, and Updates

(1) Consistent with M.G.L. c. 21A, § 4C, the development and revision of the Ocean Management Plan is the authority and responsibility of the Secretary. The Office of Coastal Zone Management will support the Secretary, and act on his or her behalf as delegated, in the administration, implementation, and oversight of the Ocean Management Plan and 301 CMR 28.00. (2) The Secretary shall ensure that the Ocean Management Plan, its baseline assessment, and the enforceable provisions of relevant statutes and regulations are reviewed at least once every five years. (3) The scope of such review will be determined by the Secretary in consultation with the Ocean Advisory Commission and the Ocean Science Advisory Council. (4) The following changes to the Ocean Management Plan shall be made only through an amendment: (a) The revision of existing or the creation of new management area locations or boundaries, excepting minor adjustments; (b) The substantial revision of existing or the creation of new management standards; (c) The identification of new or removal of current protected Special, Sensitive, or Unique Resources; (d) The identification of new or removal of current protected areas of Concentrations of Water-dependent Uses; or, (e) Other changes that would result in significant alteration to the management framework or geographic extent of the plan. (5) The Secretary will conduct the review and amendment process in accordance with the following guidelines: (a) The plan amendment process will be initiated with a public notice in the Environmental Monitor announcing the intent to review and amend the current Ocean Management Plan. (b) Public hearings will be held to receive input on the content and implementation of the current Ocean Management Plan. Generally, a hearing will be held in the each of the following regions: North Shore, Metro Boston, South Shore, Cape and Islands, and South Coastal. (c) The Secretary will consult with the Ocean Advisory Committee in determining the scope of the plan amendment and in the development of amendments pursuant to said scope. (d) The Secretary will consult with the Ocean Science Advisory Council in determining the scope of the updated baseline assessment scope and in the review of science related to the plan amendment scope. (e) The Secretary will make a draft of the plan amendment available in electronic and printed copy form for public comment. Public hearings will be held on the draft amended plan. The public comment period will remain open for a minimum of 60 days after the last hearing. (f) After the close of the public comment period, the Secretary will promulgate a final amended Ocean Management Plan and will file the plan with the House of Representatives and Senate clerks. (g) 301 CMR 28.00 will be revised as necessary to implement, administer and enforce M.G.L. c. 21A, § 4C and the Ocean Management Plan. (6) Distinct from an amendment to the Ocean Management Plan, updates are revisions to the plan intended for proposed changes necessary for effective and efficient administration but not at the scope or scale of an amendment. The following changes to the Ocean Management Plan may be made through an update: (a) Corrections to address errata, technical discrepancies or errors, or to clarify intent or meaning; (b) Updated data and information on the spatial extent or further characterization of Special, Sensitive and Unique resources or Concentrations of Water-dependent Uses; (c) Minor shifts in existing management area boundaries; and (d) Other adjustments that do not result in significant changes to the management framework or geographic extent of the Ocean Management Plan. (7) The Secretary will conduct the update process in accordance with the following guidelines: (a) Requests for an update by an Agency or Person will be submitted to the Secretary. Proposed updates must meet a confirmed need for adjustments to the plan or clarify the management or administrative framework of the current and any proposal for an update must include a clear summary statement and rationale for the purpose of the update. (b) For a proposed update that pertains to new or updated data on Special, Sensitive, or Unique Resources or Concentrations of Water-dependent Uses, the update must conform with the data standards and processes contained in 301 CMR 28.08. (c) The Secretary will seek input from Agencies and will consult with the Ocean Advisory Commission and the Ocean Science Advisory Council on the proposed update. (d) The Secretary will provide for public notice in the Environmental Monitor of the intent to update the Ocean Management Plan upon a determination that the update meets the above criteria and will further the goals of the Ocean Management Plan. The public comment period will be at least 30 days. The Secretary may hold one or more public hearings on the proposed update. (e) After the close of the public comment period, the Secretary will issue a final decision on the proposed update. This decision will be noticed in the Environmental Monitor.