Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 05 - Ocean Special Area Management Plan › Part 11 - RICRMP: OCEAN SAMP - CHAPTER 11 - POLICIES OF THE OCEAN SAMP (650-RICR-20-05-11) › Section 650-RICR-20-05-11.5 - Building on CRMC's Existing Program

Current through June 14, 2024
A. Ocean SAMP
				  policies and recommendations build upon and refine the CRMC's existing program
				  and regulations presented in the Rhode Island Coastal Resources Management
				  Program. The policies, standards, and definitions contained in the RICRMP for
				  Type 4 waters within the Ocean SAMP boundary, specifically from the mouth of
				  Narragansett Bay seaward, between 500 feet offshore and the 3-nautical mile
				  state water boundary, are hereby modified. In addition, §§00-1.3.1(C)
				  and 1.3.1(H) of this Chapter are hereby superseded for this Ocean SAMP region.
				  Aquaculture projects of any size shall follow §00-1.3.1(K) of this
				  Chapter. Dredging and dredge disposal activities remain governed by
				  §00-1.3.1(I) of this Chapter.
B. All federal consistency certifications for
				  large-scale offshore developments, as defined in §
										11.3(H) of
				  this Part, will be concurred with or objected to by the full Council after
				  receiving a timely recommendation from the CRMC Executive Director.
C. The Ocean SAMP polices for Type 4 waters
				  require that CRMC accommodate and maintain a balance among the diverse
				  activities, both traditional and future water dependent uses, while preserving
				  and restoring the ecological systems. CRMC recognizes that large portions of
				  Type 4 waters include important fishing grounds and fishery habitats, and shall
				  protect such areas from alterations and activities that threaten the vitality
				  of Rhode Island fisheries. Aquaculture leases shall be considered if the
				  Council is satisfied there will be no significant adverse impacts on the
				  traditional fishery. In addition, CRMC shall work to promote the maintenance
				  and improvement of good water quality within the Type 4 waters
				  (§00-1.2.1(E) of this Chapter).
D. The Ocean SAMP assists CRMC in upholding
				  its mandate to preserve the state's coastal resources on submerged lands in
				  accordance with the public trust. As stated in Article 1, § 17 of the
				  Rhode Island Constitution, applicable statutes, and restated in the RICRMP, the
				  state maintains title in fee to submerged lands below the high water mark, and
				  holds these lands in trust for the use of the public, preserving public rights
				  which include but are not limited to fishing, commerce, and navigation in these
				  lands and waters. Rhode Island public trust resources are defined in RICRMP as
				  the tangible physical, biological matter substance or systems, habitat or
				  ecosystem contained on, in or beneath the tidal waters of the state, and also
				  include intangible rights to use, access, or traverse tidal waters for
				  traditional and evolving uses including but not limited to recreation,
				  commerce, navigation, and fishing.
E. As with the six existing Rhode Island
				  SAMPs and CRMC's water type designations, CRMC implements the marine spatial
				  planning (MSP) process to achieve ecosystem-based management (EBM) for the
				  Ocean SAMP region. For the purposes of the Ocean SAMP, the CRMC adopts the
				  definition of EBM as defined in §
										11.3 of this Part. The goal
				  of EBM is to maintain an ecosystem in a healthy, productive and resilient
				  condition that provides the services humans want and need." Ecosystems are
				  places and MSP is the process by which ecosystem-based management is organized
				  to produce desired outcomes in marine environments. Since 1983 the CRMC has
				  applied MSP to achieve EBM along Rhode Island's coastline.