Section 650-RICR-20-05-11.4 - IntroductionA. 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. § 1451et 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.650 R.I. Code R. 650-RICR-20-05-11.4
Amended effective 10/6/2019