Stellwagen Bank Final EIS and Management Plan 



Page 78 



Cape Cod Bay coastlines falls under the jurisdiction 

 of regional planning entities. While the interest of 

 these organizations in planning for coastal waters is 

 highly variable, some of the management initiatives 

 arising from these groups could have secondary or 

 indirect effects on the Sanctuary. For instance, 

 management objectives estabhshed for the region 

 regarding waterfront development may have an 

 effect on the relative difficulty of gaining access to 

 the Sanctuary from adjacent harbors, or on the 

 availabihty of shoreside services for fishermen. 



The regional planning agency likely to have the 

 greatest interest in waterfront planning (and thus 

 possible effects on access to the Sanctuary), is the 

 Cape Cod Commission. Created in 1989 by the 

 Massachusetts Legislature, the Commission has 

 direct regulatory authority, which can in certain 

 instances supersede local by-laws. As one of its first 

 acts, the Commission is charged with producing a 

 comprehensive management plan for areas within its 

 jurisdiction. Given the importance of water quality 

 protection issues, it is Ukeiy that the Commission 

 will give significant attention to coastal waters in its 

 comprehensive regional management pl^m. 



In addition to this agency, the New England 

 Fishery Management Council (NEFMC) also has 

 regional management responsibiUties related to the 

 continued viability of fishery resources throughout 

 the New England region. Within this context, the 

 NEFMC prepares fishery management plans, which 

 are periodically amended to ensure conservation 

 and management measures (including regulation) 

 necessary to attain maximum sustainable yields. 



b. Commonwealth of Massachusetts 



Two state management programs will have 

 some direct impact on the Sanctuary: the 

 Massachusetts Coastal Zone Management Program 

 (MCZM), and the Massachusetts Ocean Sanctuaries 

 Program. The MCZM is established under the 

 Coastal Zone Management Act of 1972, as 

 amended, and is the principal planning and policy 

 agency of the Commonwealth for coastal issues. 

 MCZM jurisdiction includes all State territorial 

 waters, and any activity seaward of State territorial 

 waters that will likely have an effect on the coastal 

 zone. The MCZM Plan encompasses 27 program 



poUcies directing activities proposed for the coastal 

 waters and adjacent areas. The pohcies cover a 

 broad range of issues, from protection of critical 

 areas, to port cmd harbor operations, to offshore oil 

 and gas development. MCZM program policies are 

 currently being rewritten to update the coastal zone 

 management plan. Ocean policy is an area within 

 that effort which will likely receive significant 

 attention in the updated management plan. 



The Massachusetts Ocean Sanctuaries Program 

 is administered by the Department of 

 Environmental Management. Ocean Sanctuaries are 

 designated to provide protection "from any 

 exploitation, development, or activity that would 

 seriously alter or otherwise endanger the ecology or 

 the appearance of the ocean, the seabed, or the 

 subsoil thereof, or the Cape Cod National Seashore" 

 (Figure 17). To this end, specific activities are 

 either prohibited or special performance standards 

 are established for regulated activities, to insure that 

 the activity does not violate the provisions of the 

 Act. Implementation of these provisions is 

 accomplished through state regulatory authorities. 

 With the exception of an area off Boston (generally 

 described as waters from Brant Rock north to 

 Nahant, seaward to the boundary of state territorial 

 waters), the remaining areas of state waters, 

 including the entirety of Cape Cod Bay, are 

 designated as Ocean Sanctuaries. 



c. Joint State /Federal Programs 



In 1987, Boston Harbor, and Massachusetts 

 and Cape Cod Bays were nominated to EPA for 

 designation as an "Estuary of National Significance" 

 under the National Estuary Program (NEP), 

 pursuant to § 320 of the Clean Water Act. 

 Designation was ultimately made by EPA in April 

 1990. 



As an Estuary of National Significance 

 encompassing Massachusetts Bay, Cape Cod Bay, 

 Ipswich Bay, and Boston Harbor, EPA and the 

 Commonwealth of Massachusetts are in the process 

 of developing a single Comprehensive Conservation 

 and Management Plan (CCMP) for this area. 

 While the EPA designation was only recently made, 

 the Massachusetts Bays Program has been in place 



