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.”

Geospatial NEPA Concept

Thank You!

Kathryn J. Mengerink, J.D., Ph.D.Co-Director, Ocean ProgramEnvironmental Law Institute

mengerink@eli.org(858) 822-5821