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-20-05-11.4 - Introduction

Current through June 14, 2024
A. The Rhode Island General Assembly mandates
				  Rhode Island Coastal Resources Management Council to preserve, protect,
				  develop, and where possible, restore the coastal resources of the state for
				  this and succeeding generations through comprehensive and coordinated long
				  range planning and management designed to produce the maximum benefit for
				  society from these coastal resources; and that the preservation and restoration
				  of ecological systems shall be the primary guiding principle upon which
				  environmental alteration of coastal resources will be measured, judged and
				  regulated [R.I. Gen. Laws §
										46-23-1(a)(2) ].
				  To more effectively carry out its mandate, the CRMC has established use
				  categories for all state waters out to the three nautical mile boundary. The
				  Rhode Island Coastal Resource Management Program (RICRMP) is a
				  federally-approved coastal program under the federal Coastal Zone Management
				  Act (16 U.S.C. §
											1451
et seq
.).
B. The Ocean Special Area Management Plan is
				  the regulatory, planning and adaptive management tool that CRMC applies to
				  uphold these regulatory responsibilities in the Ocean SAMP area. Using the best
				  available science and working with well-informed and committed resource users,
				  researchers, environmental and civic organizations, and local, state and
				  federal government agencies, the Ocean SAMP provides a comprehensive
				  understanding of this complex and rich ecosystem. The Ocean SAMP also documents
				  how the people of this region have used and depended upon these offshore
				  resources for subsistence, work and play, and how the natural wildlife such as
				  fish, birds, marine mammals and sea turtles feed, spawn, reproduce, and migrate
				  throughout this region, thriving on the rich habitats, microscopic organisms,
				  and other natural resources. To fulfill the Council's mandate, the Ocean SAMP
				  lays out enforceable policies and recommendations to guide CRMC in promoting a
				  balanced and comprehensive ecosystem-based management approach to the
				  development and protection of Rhode Island's ocean-based resources.
C. The Ocean SAMP region lies at the
				  convergence of two bio-geographic provinces - the Acadian to the north (Cape
				  Cod to the Gulf of Maine) and the Virginian to the south (Cape Cod to Cape
				  Hatteras). Due to this unique position, the Ocean SAMP area is more susceptible
				  than other areas along the eastern seaboard to the effects of climate change.
				  Cognizant of this fact, the CRMC integrates climate concerns and adaptation and
				  mitigation responses into relevant policies and plans. CRMC believes that with
				  advanced planning, together with energy conservation, the harm and costs
				  associated with these potential impacts can be reduced and may be
				  avoided.
D. This Chapter presents
				  how the Ocean SAMP builds upon CRMC's existing program as well as describes
				  implementation mechanisms that support the application of the adaptive
				  management approach. §
										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. To review both general
				  policies and regulatory standards by topic area, please see that specific
				  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 at
				  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 in
				  §
										11.9 of
				  this Part and regulatory standards in §
										11.10 of this Part. The
				  regulatory standards in §
										11.10 of this Part are
				  enforceable policies for purposes of the federal CZMA federal consistency
				  provision pursuant to 16
				  U.S.C. §
											1456 and 15 C.F.R. Part 930 .
				  For CZMA federal consistency purposes the regulatory standards, in addition to
				  other applicable federally approved RICRMP enforceable policies, shall be used
				  as the basis for a CRMC CZMA federal consistency concurrence or
				  objection.
E. States, generally, do
				  not have jurisdiction in federal waters and the federal CZMA does not confer
				  such jurisdiction. Therefore, in order to meet CZMA requirements, state plans,
				  enforceable policies, and Areas of Particular Concern (APCs) must only apply to
				  areas of state jurisdiction. The Ocean SAMP is a planning and regulatory
				  component for the State of Rhode Island and is incorporated into the
				  NOAA-approved Rhode Island Coastal Resource Management Program. As such, in
				  order to meet the CZMA's definition of "enforceable policy" and NOAA's
				  corresponding regulations, the Ocean SAMP only applies to state waters (out to
				  3 nautical miles). The enforceable policies, APCs and Areas Designated for
				  Preservation (ADPs) in the NOAA-approved Ocean SAMP apply to activities in
				  federal waters through the CZMA federal consistency provision.
F. The Ocean SAMP includes maps of federal
				  waters and identifies uses, resources and areas of federal waters. The data and
				  maps pertaining to federal waters are not enforceable components of the Ocean
				  SAMP. However, the data and maps contain a substantial amount of environmental,
				  ecological, geologic, and human use information for state and federal waters.
				  This information will be useful for environmental reviews (including reviews
				  under the National Environmental Policy Act and coastal effects analyses under
				  the CZMA), engineering issues (e.g., is the seafloor material compatible for a
				  particular piece of equipment), and other planning and regulatory decisions.
				  The CRMC may use the data and maps for federal waters to assess coastal
				  effects, but Rhode Island's CZMA federal consistency concurrence or objection
				  must be based on enforceable policies contained in the NOAA-approved
				  RICRMP.