operationalizing marine spatial planning: what’s in it for business? kathryn j. mengerink, j.d.,...
TRANSCRIPT
Operationalizing Marine Spatial Planning: What’s in it for Business?
Kathryn J. Mengerink, J.D., Ph.D.Co-Director, Ocean ProgramEnvironmental Law Institute
What is marine spatial planning?
Decision-Makers
ScientistsStake-holders
that includes the right people
Map-based planning process
Ecological
Economic
Social
and uses a full suite of information
to achieve ocean vision and goals
Done correctly, marine spatial planning could improve ocean science, protect key resources, and support
economic development of the ocean.
What’s in it (could be in it) for Business?
1. Regulatory certainty2. Clear standards3. Reduced burden
Example: Massachusetts MSP
Massachusetts Oceans ActMandatory marine spatial plan and compliance with plan
Colonial water birds High commercial fishing Recreational boating
Massachusetts MSP
Siting and performance standards for multi-use areas• Special, sensitive, unique
resources• Siting standard• Performance standard
What do the siting and performance standards require?
Avoiding SSU Areas
1. Presumption against impact.2. Overcome by:
• demonstration of no less environmentally damaging practicable alternative
• No significant alteration of resources• Mapped data are inaccurate
3. Demonstrate public benefits outweigh public detriment.
Massachusetts MSP
Siting and performance standards for multi-use areas• Special, sensitive, unique
resources• Siting standard• Performance standard
Public benefit determination for cable line through tidelands
• Mitigation measures, such as adjusting installation technique, limit impact to SSU.
• Public benefit, including prevention of communication outages, outweighs harm to SSU.
How can you achieve success without a mandate?
National Environmental Policy ActAn environmental impact statement is required for all federal
actions that significantly affect the quality of the human environment.
NEPA could help operationalize the National Ocean Policy
Action/Approach NEPA MSP
Environmental baseline assessment X X
Consideration of alternatives (trade-offs) X XCross-sector approach X XSpatially explicit analysis X XIdentify and assess cumulative impacts X XPlanning tool X XTool to coordinate across agencies & jurisdictions
X X
MSP and NEPA have similar objectives and approaches.
Taking advantage of Tiering
Tiered NEPA with MSP can:• Reduce redundant analyses• Reduce project-level costs• Create fairness for project-level proponents• Improve cumulative impact assessments • Improve comprehensive mitigation measures• Create incentive for compliance with CMS plan
1. National CMSP Guidance
2. Regional CMS Plans
3. Project-level decisions
Programmatic EIS (national)
Region 1 EIS Region 2 EIS Region 3 EIS
NEPA & MSP Conclusions
• Done right, tiered NEPA analysis that accompanies CMSP should result in better project-level environmental impact decision-making.
• Use of the CMS plan and environmental assessment can help determine whether a proposed action is one that “significantly affects the quality of the human environment.”
Thank You!
Kathryn J. Mengerink, J.D., Ph.D.Co-Director, Ocean ProgramEnvironmental Law Institute
[email protected](858) 822-5821