Executive Summary

The purpose of this chapter is to provide an overview of the Ocean SAMP document – why it was developed; a brief history of the Rhode Island Coastal Resources Management Council’s history in creating SAMPs; the goals of the SAMP; and the process by which the Ocean SAMP was produced.

Section 100: Chapter 1 – Introduction

The purpose of this chapter will provide a broad overview of the SAMP area and SAMP document, laying the foundation for the subsequent chapters which describe the present status of the Ocean SAMP study area, characterize the natural attributes and resources of this body of water, describe current uses, identify and review existing and potential future use impacts, and present policies and recommendations that will help federal, state, and local governments work with the people of Rhode Island to wisely manage the Ocean SAMP study area for this and future generations.

Section 200: Chapter 2 - Ecology of the Ocean SAMP Region

The purpose of the Rhode Island Ocean SAMP Ecology Chapter is to provide a broad overview of SAMP area ecosystem: its geology, wind patterns, air and water temperatures, salinity, water currents and circulation, chemical oceanography, phytoplankton, zooplankton, ichthyplankton, the benthos, fish, megafauna (whales, seals, turtles) and avifauna (birds). With the Ocean SAMP region being a busy maritime entryway to both Narragansett Bay and Long Island Sound, it is critical that the complex ecological and biological dynamics of this transitional sea area be increasingly studied and understood for appropriate resources management. Due to comments received when originally advertised for public comment, Chapter 2 – Ecology of the Ocean SAMP Region has been revised.

*Section 500: Chapter 5 - Fisheries Resources and Uses

The purposes of the Rhode Island Ocean SAMP Fisheries Resources and Uses Chapter are to summarize existing information about current commercial and recreational fisheries resources and activities within the Ocean SAMP area; highlight the economic, social, cultural, and historic value of these activities to Rhode Island; and outline policies for managing these activities within the context of other existing and future uses. Accordingly, this chapter focuses primarily on commercially and recreationally important species that are targeted within the SAMP area by Rhode Island fishermen, and on current baseline conditions based on the best available existing data and information.

Ms. Tiffany Smythe presented to the Council a very brief overview of the commercial and recreational fisheries chapters stating that it talks about the human act of pursuing fish for business or pleasure. Ms. Smythe stated that the chapter highlighted baseline data and information on fisheries resources and on commercial and recreational fisheries in the OSAMP area. Ms. Smythe stated that the chapter also highlighted the economic, social and cultural importance of both commercial and recreational fisheries to the state of Rhode Island. Ms. Smythe stated that the next goal of the chapter was to outline policies and standards to protect and promote fisheries activities and resources within the context of future uses. Ms. Smythe closed presentation thanking everyone who helped with the creation of the chapter.

Chair Tikoian opened the floor to questions from the Council. With no questions from the Council at this time, Chair Tikoian opened the floor to comments from the public.
Mr. Bill McElroy asked Ms. Smythe to explain the last change to the chapter. Ms. Smythe deferred to Mr. Fugate who stated that the comment from Conservation Law Foundation was regarding the habitat areas and further protection of those areas which the Council will prioritize. Chair Tikoian clarified the location of the change stating that it was in Section 560.1, page 150.

Ms. Caroline Karp asked about the original version of the chapter with included the Fisheries Advisory Board and to what degree would their interaction with the process be. Mr. Fugate stated that it is a regulation within the SAMP that would create a fishermen’s advisory board using representatives from both the commercial and recreational fishing centers to interact with the council regarding ocean energy projects. Mr. Fugate stated that the regulation sets up a mandatory pre-application process so the board can meet with project proponents and act as an advisory to the council. Mr. Fugate stated that there is also the regulatory process for other entities to provide input throughout the application process.

Ms. Tricia Jedele, CLF, stated that in written comments filed on August 12, 2010, CLF had pointed about specifically that it is discriminatory to create an advisory board for one stakeholder so that they can guide the policy decisions of the Council. Ms. Jedele stated that the Conservation Law Foundation would like to be able to meet with the applicants of proposed off-shore wind developments prior to their being permitted by the Council. Ms. Jedele stated that the CLF made a recommendation to create a separate habitat protection advisory board to respond to the interests of the environmental community or rename the fishermen’s advisory board and allow other stakeholders representation.

Mr. Lanny Dellinger, RI Lobsterman’s Association, stated that much of the reasoning behind putting together the fishermen’s advisory board was in the name of habitat protection and that there is a wealth of knowledge that the fishermen’s advisory board can provide to the OSAMP process.

Mr. Christopher Brown, RI Commercial Fishermen’s Association, spoke about the ever changing ocean environment and how it affects the commercial fishing industry. Mr. Brown stated that he hoped the Council would rely heavily on the scientific community’s input rather than non-governmental organizations.

Mr. Bill McElroy, commercial fishermen, stated that the idea of the fishermen’s advisory board is a way of fishermen being involved early on in the process of any application and offered his understanding of the nature of the board for clarification.

Mr. Sullivan stated that he thought there was some legitimacy to expanding the advisory board to Fisheries Habitat and Users Advisory Board with a panel of 7 members that is dominated by the principal users of the area.

Chair Tikoian thanked the fishermen for the cooperation and input while working with the OSAMP team.

*Section 800: Chapter 8 - Renewable Energy

The purpose of the Rhode Island Ocean SAMP Renewable Energy Chapter is to address potential sites in Rhode Island state and federal waters for the location of offshore renewable energy resources projects, and to describe the potential effects that renewable energy development may have on the economics of Rhode Island, natural resources, and existing uses of the SAMP area.

Ms. Armsby introduced herself to the room stating that she served as lead author on the Renewable Energy and Other Offshore Development chapter for the OSAMP. Ms. Armsby stated that the chapter objectives were to provide general background on renewable energy and off-shore wind in particular, describe the process and tools used throughout the OSAMP process, identify viable sites within the area for offshore renewable energy development, identify renewable energy zone within the OSAMP area, summarize known potential effects that may result from offshore renewable energy development and outline policies, standards and monitoring requirements for future development.

Chair Tikoian asked Mr. Fugate about a mapping of potential renewable energy sites. Mr. Fugate stated that within the map it identifies a renewable energy zone within the regulations. Mr. Fugate explained where the map was and stated that the plan could only be written for state waters with NOAA approval as NOAA will not allow the state to write a plan for federal waters. Mr. Fugate stated that there was research completed for federal waters and that the CRMC will be asked for federal consistency authority in federal water but cannot plan and dictate what will be developed in federal waters. Mr. Fugate stated that the OSAMP research team has been working with MMS to identify the potential sites that may have the ability to go through the federal process in a quick manner. Mr. Sullivan suggested that a transition executive summary be put into the SAMP to delineate how the State waters document would need to travel so that not only the Council but the public would understand the sequence and process by which the data layers would expand through the federal waters. Mr. Fugate agreed and continued to explain about the other federal agencies involved other than MMS. Mr. Gomez asked when the information gathered would be available to the public. Mr. Fugate stated that much of the information is already accessible within the OSAMP appendices and technical reports and that there is still a lot of data streaming in due to ongoing studies that will last another few years. Mr. Fugate stated that most of the information will be available through URI as public information. Chair Tikoian and Mr. Fugate discussed the Council involvement in the federal consistency decision making as well as timeframes. Mr. Fugate stated that they could write the summary document of the federal process within a month’s time. Mr. Sullivan motioned, seconded by Mr. Gomez, for the summary document to be written by October 1, 2010 to be ready for the Council to review prior to the October 12th adoption date. Motion carried on unanimous voice vote. Discussion continued on potential ways to have area identified for renewable energy sites for the document. Mr. Fugate stated that NOAA has assured BOEM (new MMS) that the OSAMP document is a state water document as BOEM is very protective over their jurisdiction. Mr. Goldman and Mr. Fugate discussed the possibility of including in the OSAMP document that the state thinks a particular area is recommended for project also adding the recognition of federal jurisdiction. Mr. Goldman and Chair Tikoian asked that correspondence with the Federal Agencies be done in writing and provided to the Council so that everyone is on the same page.

Section 1100: Chapter 11 – New Policies and Regulations

While a number of federal and state statutes, regulations, and policies now govern the uses of the areas contained within the Ocean SAMP, the purpose of this chapter is to address additional provisions to provide policy direction for, and regulation and management of, new ocean resources and uses, as well as to enhance management of existing activities. The Ocean SAMP New Policies Chapter addresses these emerging policies.

The Rhode Island Ocean Special Area Management Plan (Ocean SAMP) in its entirety

The purpose of the Ocean Special Area Management Plan (Ocean SAMP) is to serve as a regulatory, planning and adaptive management tool of the Rhode Island Coastal Resources Management Council (CRMC) to uphold its regulatory responsibilities. 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.

Chair Tikoian stated that the entire OSAMP document was open for public comment and would be as well at the September 14, 2010 Semimonthly meeting.

Caroline Karp inquired as to the limitations within the renewable energy zone; is it a completely free zone or does is overlap areas of concern? Ms. Karp is concerned that the implication is being made that State waters should be open to renewable energy. Mr. Fugate stated that the renewable energy zone depicted in the OSAMP went through a selection process, which he explained in detail, and became the most viable alternative. Ms. Karp asked that the map be made to reflect the extent to which it intersects/overlaps with areas of concern. Mr. Fugate stated that the State has to show that we do have renewable energy in State waters, we are regulating that energy in state waters, if we do not capture or deal with renewable energy in State waters, we cannot suddenly put a burden on the Federal Government that doesn’t exist in State waters for Federal consistency. Ms. Karp voiced her concerns about carbon footprinting. Ms. Karp expressed her concern regarding the heat energy lost and the electromagnetic field created by the cables. Ms. Karp also expressed concern regarding the land-based consequences of ocean projects and lack of regulations regarding such. Mr. Fugate stated that in creating the Ocean SAMP, they tried to keep it as an ocean document for the ocean environment.

Tricia Jedele, CLF, expressed concern regarding her impression of the goal of the SAMP being to get federal consistency in federal waters. Ms. Jedele stated that she felt the state really did an environmental impact statement, not what they believed to be an ecosystem- based management, marine spatial planning effort, designed to manage our ocean resources. Ms. Jedele stated that in the viewpoint of CLF, the ecological value map should not be included in the renewable energy chapter and that it belongs in the ecological chapter.

Eugenie Marks, Audubon Society, stated that she had submitted written documents and that the OSAMP has value as a guidance document.
Gary Mataronas, commercial fisherman, asked about the long-term plans and regulations forthcoming due to the studies in regards to lobstering. Mr. Fugate stated that the state was strongly suggesting to MMS to generate more research on lobsters so that as the state moves forward on any activity, we understand what the potential impact is so that it can be managed.

Christopher Brown, RI Commercial Fishermen Association, asked about policies on endangered species. Mr. Fugate stated that the studies focused on species of concern that NOAA asked them to look into and that they are identified in the fisheries chapter.

Chair Tikoian stated that the next comment opportunity would be at the Council meeting on September 14, 2010 and asked that those that wish to comment prepare themselves so that all the comments can be looked at prior to the October 12, 2010 meeting which will be the meeting of deliberation of the Council.