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-20-05-11.9 - General Policies

Current through June 14, 2024
A. Ocean SAMP
				  policies and regulatory standards represent actions the CRMC must take to
				  uphold its regulatory responsibilities mandated to them by the Rhode Island
				  General Assembly and the CZMA to achieve the Ocean SAMP goals and principles
				  described in the Introduction Chapter. The "General Policies" in §
										11.9 of this Part are
				  policies the CRMC applies through its various management and regulatory
				  functions, but the General Policies are not "enforceable policies" for purposes
				  of the federal CZMA federal consistency provision (16 U.S.C. §
											1456
				  and 15 C.F.R. Part 930 ). For CZMA federal consistency purposes the General
				  Policies are advisory only and cannot be used as the basis for a CRMC CZMA
				  federal consistency concurrence or objection. However, for state permitting
				  purposes, offshore developments proposed to be sited in state waters are bound
				  by both the General Policies (§
										11.9 of this Part) and
				  regulatory standards (§
										11.10 of this Part) listed
				  herein, The Policies of the Ocean SAMP. The "regulatory standards" in §
										11.10 of this Part are
				  enforceable policies for purposes of the federal CZMA federal consistency
				  provision (16 U.S.C. §
											1456 and 15 C.F.R. Part 930 ). For CZMA
				  federal consistency purposes the CRMC shall use the regulatory standards, in
				  addition to other applicable federally approved RICRMP enforceable policies, as
				  the basis for a CRMC CZMA federal consistency concurrence or objection. These
				  general and regulatory policies for cultural and historic resources, fisheries,
				  recreation and tourism, and marine transportation promote and enhance existing
				  uses and honor existing activities (§
										11.6(C)(3)
				  of this Part). Ecology, global climate change, and other future uses
				  information and policies provide a context for basing all decisions on the best
				  available science, while fostering a functioning ecosystem that is both
				  ecologically sound and economically beneficial (§
										11.6(C) (4)
				  of this Part). Renewable energy and offshore development policies and
				  regulatory standards ensure there is a rigorous review for all ocean
				  development so that the Council meets its public trust responsibilities. The
				  Ocean SAMP also provides thoughtful direction to encourage marine-based
				  economic development that meets the aspirations of local communities and is
				  consistent with and complementary to the state's overall economic development,
				  social, and environmental needs and goals (§
										11.6(B)(3)
				  of this Part). All chapters work towards establishing frameworks to coordinate
				  decision-making between state and federal management agencies and the people
				  who use the Ocean SAMP region (§
										11.6(B)(4)
				  of this Part), developing in a transparent manner (§
										11.6(C) (1)
				  of this Part), and promoting adaptive management (§
										11.6(C)(5)
				  of this Part). All of the Ocean SAMP policies are important to ensure that the
				  Ocean SAMP region is managed in a manner that meets the needs of the people of
				  Rhode Island, while protecting and restoring our natural environment for future
				  generations.
B.
										§
										11.9 of this Part presents
				  all Ocean SAMP general policies, while §
										11.10 of this Part
				  integrates the regulatory standards into a regulatory process that ensures the
				  Council's ability to uphold its mandatory requirements.
C. Any assent holder of a CRMC-approved
				  offshore development, as defined in §11.10.1(A) of this Part, shall:
1. Design the project and conduct all
				  activities in a manner that ensures safety and shall not cause undue harm or
				  damage to natural resources, including their physical, chemical, and biological
				  components to the extent practicable; and take measures to prevent unauthorized
				  discharge of pollutants including marine trash and debris into the offshore
				  environment.
2. Submit requests,
				  applications, plans, notices, modifications, and supplemental information to
				  the Council as required;
3.
				  Acknowledge, in writing, any oral request or notification made by the Council,
				  within three (3) business days and follow up in writing on such request or
				  notification within a reasonable period of time as determined jointly by the
				  assent holder and CRMC considering the circumstances;
4. Comply with the terms, conditions, and
				  provisions of all reports and notices submitted to the Council, and of all
				  plans, revisions, and other Council approvals, as provided in § 11.10.5 of
				  this Part;
5. Make all applicable
				  payments on time;
6. Conduct all
				  activities authorized by the assent in a manner consistent with the provisions
				  of this document, the Rhode Island Coastal Resources Management Program, and
				  all relevant federal and state statutes and regulations;
7. Compile, retain, and make available to the
				  Council within the time specified by the Council any information related to the
				  site assessment, design, and operations of a project; and
8. Respond to requests from the Council in a
				  timeframe specified by the Council.