Rhode Island Code of Regulations › Title 650 - Coastal Resources Management Council › Chapter 20 - Coastal Management Program › Subchapter 05 - Ocean Special Area Management Plan › Part 7 - RICRMP: Ocean SAMP - Chapter 7 - Marine Transportation, Navigation and Infrastructure (650-RICR-20-05-7) › Section 650-RICR-20-05-7.3 - Policies and Standards (formerly Section 770)

Current through June 14, 2024
7.3.1
General Policies (formerly §770.1)
A. The Council recognizes the importance of
				  designated navigation areas, which include shipping lanes, precautionary areas,
				  recommended vessel routes, pilot boarding areas, anchorages, military testing
				  areas, and submarine transit lanes to marine transportation and navigation
				  activities in the Ocean SAMP area. The Council also recognizes that these and
				  other waters within the Ocean SAMP area are heavily used by numerous existing
				  users who have adapted to each other with regard to their uses of ocean space.
				  Any changes in the spatial use patterns of any one of these users will result
				  in potential impacts to the other users. The Council will carefully consider
				  the potential impacts of such changes on the marine transportation network.
				  Changes to existing designated navigational areas proposed by the Coast Guard,
				  NOAA, the R.I. Port Safety and Security Forums, or other entities could
				  similarly impact existing uses. The Council requests that they be notified by
				  any of these parties if any such changes are to be made to the transportation
				  network so that they may work with those entities to achieve a proper balance
				  among existing uses.
B. The Council
				  recognizes the economic, historic, and cultural value of marine transportation
				  and navigation uses of the Ocean SAMP area to the state of Rhode Island. The
				  Council's goal is to promote uses of the Ocean SAMP area that do not
				  significantly interfere with marine transportation and safe navigation within
				  designated navigation areas, which include shipping lanes, precautionary areas,
				  recommended vessel routes, pilot boarding areas, anchorages, military testing
				  areas, and submarine transit lanes. See §7.3.2 of this Part for discussion
				  of navigation areas which have been designated as Areas of Particular
				  Concern.
C. The Council will
				  encourage and support uses of the Ocean SAMP area that enhance marine
				  transportation and safe navigation within designated navigation areas, which
				  include shipping lanes, precautionary areas, recommended vessel routes, pilot
				  boarding areas, anchorages, Navy restricted areas, and submarine transit
				  lanes.
D. 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
				  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.
E. 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