Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 05 - Ocean Special Area Management Plan › Part 5 - RICRMP: Ocean SAMP - Chapter 5 - Commercial and Recreational Fisheries (650-RICR-20-05-5) › Section 650-RICR-20-05-5.3 - Policies and Standards (formerly Section 560)

Current through June 14, 2024
5.3.1
General Policies (formerly §560.1)
A. The commercial and recreational fishing
				  industries, and the habitats and biological resources of the ecosystem they are
				  based on, are of vital economic, social, and cultural importance to Rhode
				  Island's fishing ports and communities. Commercial and recreational fisheries
				  are also of great importance to Rhode Island's economy and to the quality of
				  life experienced by both residents and visitors. The Council finds that other
				  uses of the SAMP area could potentially displace commercial or recreational
				  fishing activities or have other adverse impacts on commercial and recreational
				  fisheries.
B. The Council
				  recognizes that finfish, shellfish, and crustacean resources and related
				  fishing activities are managed by a host of different agencies and regulatory
				  bodies which have jurisdiction over different species and/or different parts of
				  the SAMP area. Entities involved in managing fish and fisheries within the SAMP
				  area include, but are not limited to, the Atlantic States Marine Fisheries
				  Commission, the RI Department of Environmental Management, the RI Marine
				  Fisheries Council, the NOAA National Marine Fisheries Service, the New England
				  Fishery Management Council, and the Mid-Atlantic Fishery Management Council.
				  The Council recognizes the jurisdiction of these organizations in fishery
				  management and will work with these entities to protect fisheries resources.
				  The Council will also work in coordination with these entities to protect
				  priority habitat areas.
C. The
				  Council's policy is to protect commercial and recreational fisheries within the
				  SAMP area from the adverse impacts of other uses, while supporting actions to
				  make ongoing fishing practices more sustainable. It should be recognized that
				  scientific knowledge of the impacts of fishing on habitats and fish populations
				  will advance. Improvements in more sustainable gear technology, fishing
				  practices, and management tools may improve the state of fisheries resources. A
				  general goal of the Council is to constantly improve the health of the Ocean
				  SAMP area ecosystem and the populations of fish and shellfish it provides.
				  Cooperative research, utilizing the unique skills and expertise of the fishing
				  community, will be a cornerstone to this goal.
D. Commercial and recreational fisheries
				  activities are dynamic, taking place at different places at different times of
				  the year due to seasonal species migrations and other factors. The Council
				  recognizes that fisheries are dynamic, shaped by these seasonal migrations as
				  well as other factors including shifts in the regulatory environment, market
				  demand, and global climate change. The Council further recognizes that the
				  entire Ocean SAMP area is used by commercial and recreational fishermen
				  employing different fishing methods and gear types. Changes in existing uses,
				  intensification of uses, and new uses within the area could cause adverse
				  impacts to these fisheries. Accordingly, the Council shall:
1. In consultation with the Fishermen's
				  Advisory Board, as defined in §
												11.3(E) of
				  this Subchapter, identify and evaluate prime fishing areas on an ongoing basis
				  through an adaptive framework.
2.
				  Review any uses or activities that could disrupt commercial and recreational
				  fisheries activities.
E.
				  The Council shall work together with the U.S. Coast Guard, the U.S. Navy, the
				  U.S. Army Corps of Engineers, NOAA, fishermen's organizations, marine pilots,
				  recreational boating organizations, and other marine safety organizations to
				  promote safe navigation, fishing, and recreational boating activity around and
				  through offshore structures and developments, and along cable routes, during
				  the construction, operation, and decommissioning phases of such projects. The
				  Council will promote and support the education of all mariners regarding safe
				  navigation around offshore structures and developments and along cable
				  routes.
F. Discussions with the
				  U.S. Coast Guard, the U.S. Department of Interior Bureau of Ocean Energy
				  Management, Regulation, and Enforcement, and the U.S. Army Corps of Engineers
				  have indicated that no vessel access restrictions are planned for the waters
				  around and through offshore structures and developments, or along cable routes,
				  except for those necessary for navigational safety. Commercial and recreational
				  fishing and boating access around and through offshore structures and
				  developments and along cable routes is a critical means of mitigating the
				  potential adverse impacts of offshore structures on commercial and recreational
				  fisheries and recreational boating. The Council endorses this approach and
				  shall work to ensure that the waters surrounding offshore structures,
				  developments, and cable routes remain open to commercial and recreational
				  fishing, marine transportation, and recreational boating, except for
				  navigational safety restrictions. The Council requests that federal agencies
				  notify the Council as soon as is practicable of any federal action that may
				  affect vessel access around and through offshore structures and developments
				  and along cable routes. The Council will continue to monitor changes to
				  navigational activities around and through offshore developments and along
				  cable routes. Any changes affecting existing navigational activities may be
				  subject to CZMA Federal Consistency review if the federal agency determines its
				  activity will have reasonably foreseeable effects on the uses or resources of
				  Rhode Island's coastal zone.
G. The
				  Council recognizes that commercial and recreational fishermen from other
				  states, such as the neighboring states of Connecticut, New York, and
				  Massachusetts, often fish in the Ocean SAMP area. The Council also recognizes
				  that many fish species that are harvested in adjacent waters may rely on
				  habitats and prey located within the Ocean SAMP area. Accordingly, the Council
				  will work with neighboring states to ensure that Offshore Development and other
				  uses of the Ocean SAMP area do not result in significant impacts to the
				  fisheries resources or activities of other states.
H. The Council shall appoint a standing
				  Fishermen's Advisory Board (FAB) which shall provide advice to the Council on
				  the siting and construction of other uses in marine waters. The FAB is an
				  advisory body to the Council that is not intended to supplant any existing
				  authority of any other federal or state agency responsible for the management
				  of fisheries, including but not limited to the Marine Fisheries Council and its
				  authorities set forth in R.I. Gen. Laws §
											20-3-1 et seq. The FAB shall be
				  comprised of nine members, one representing each of the following six Rhode
				  Island fisheries: bottom trawling; scallop dredging; gillnetting; lobstering;
				  party and charter boat fishing; and recreational angling; and three members,
				  including two commercial fishermen and one recreational fisherman, who are
				  Massachusetts fishermen who fish in the Ocean SAMP area. FAB members shall
				  serve four-year terms. The Council shall provide to the FAB a semi-annual
				  status report on Ocean SAMP area fisheries-related issues, including but not
				  limited to those of which the Council is cognizant in its planning and
				  regulatory activities, and shall notify the FAB in writing concerning any
				  project in the Ocean SAMP area. The FAB shall meet not less than semi-annually
				  with the Habitat Advisory Board and on an as-needed basis to provide the
				  Council with advice on the potential adverse impacts of other uses on
				  commercial and recreational fishermen and fisheries activities, and on issues
				  including, but not limited to, the evaluation and planning of project
				  locations, arrangements, and alternatives; micro-siting (siting of individual
				  wind turbines within a wind farm to identify the best site for each individual
				  structure); access limitations; and measures to mitigate the potential impacts
				  of such projects on the fishery. In addition the FAB may aid the Council and
				  its staff in developing and implementing a research agenda. As new information
				  becomes available and the scientific understanding of the Ocean SAMP planning
				  area evolves, the FAB may identify new areas with unique or fragile physical
				  features, important natural habitats, or areas of high natural productivity for
				  designation by the Council as Areas of Particular Concern or Areas Designated
				  for Preservation.