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

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 In addition, §§00-1.3.1(C) and 1.3.1(H) of this Chapter are hereby superseded for this Ocean SAMP region.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.