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RI Coastal Resources Management Council

...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders

AGENDA
Planning and Procedures Subcommittee
Coastal Resources Management Council
Stedman Government Center
4808 Tower Hill R
Wakefield, RI

May 22, 2012
8:30 am

1. Call to Order

2. Approval of February 21, 2012 meeting minutes

3. OLD BUSINESS/WORKS IN PROGRESS – none scheduled

4. PROPOSED PROGRAMMATIC REVISIONS – for action

Management Procedures
A. Section 4.3 – Schedule of Fees/Transatlantic Cables

Redbook/SAMPS
B. Sections 210.1 and 210.2 - Vehicle use on beaches and barriers

5. OTHER BUSINESS

A. Matunuck Erosion
B. Public Relations Program
C. House Resolution H7698

6. NEW BUSINESS – none scheduled

7. STAFF REPORTS – none scheduled

8. ADJOURN


ITEM 4.A

MANAGEMENT PROCEDURES

Section 4.3 – Schedule of Fees/Transatlantic Cables

Add New Section 4.3.10 as follows:

10. Transatlantic Cables. Consistent with RIGL 46-23 et. seq. and specifically 46-23-1(f)(2), the fee for transatlantic cables making landfall in Rhode Island shall be set at:

(a) Forty thousand dollars ($40,000) per annum per active cable; and,
(b) Two thousand five hundred dollars ($2,500) one time fee per inactive cable.

(1) The annual fee for existing active cables shall be assessed by the CRMC immediately upon enactment and pro-rated to the calendar year. All such subsequently CRMC-approved active cables shall be assessed at the time of approval and pro-rated to the calendar year. Inactive cable fees are due in full upon enactment.

(2) The annual fee shall be due on January 1 of each year.

(3) The fee schedule shall be re-evaluated every five (5) years.

(4) For purposes of this regulation a transatlantic cable is one that spans or crosses the Atlantic Ocean from Rhode Island to another country other than Canada or Mexico. It resides in, on or over Rhode Island’s submerged lands within the state’s three-mile limit.

(5) As further defined herein, an active transatlantic cable is a cable functioning and operating for its intended purposes. An inactive transatlantic cable is a cable which is not active and intended by its record owner to be permanently inactive. Inactive does not include temporary periods of inactivity for maintenance, repairs, replacement or other similar purposes.

(a) The record owner of an active transatlantic cable that makes landfall in Rhode Island
shall provide written notice to CRMC of the record owner’s termination of activity of an active submerged transatlantic cable that makes landfall in Rhode Island. Such notice shall be provided to CRMC within 10 days of such termination. Once a cable is considered inactive, the one-time fee shall become applicable in the next calendar year.

(b) The record owner of an inactive transatlantic cable that makes landfall in Rhode Island will provide written notice to CRMC of the record owner’s reactivation of an inactive submerged transatlantic cable that makes landfall in Rhode Island. Such notice shall be provided to CRMC within 10 days of such reactivation.

(c) If there is a change in ownership the record owner shall notify CRMC of the change in ownership and who the new record owner is within 30 days of the change.

ITEM 4.B

REDBOOK

Section 210.1 Coastal Beaches

Add NEW Section 210.1.C (Policies) as follows:

4. Vehicular use of beaches, where not otherwise prohibited or restricted by property owners or by private or public management programs, is permitted only under the following conditions:

(a) Motorcycles, minibikes, snowmobiles, all-terrain motorized cycles and tricycles are prohibited except for authorized management-related vehicles; and

(b) A Coastal Resources Management Council annually renewable use permit is required for all vehicles. Such permits may be obtained for a fee subject to the following requirements and conditions. In the event these requirements and conditions are not met, the use permit shall be subject to revocation by the Council or its agents.

(1) Vehicles shall have all documentation and registration necessary for operation on the public highways of this state.

(2) All permit applicants shall exhibit proof of current liability insurance coverage.

(3) All persons operating said vehicles shall have valid operator licenses.

(4) Maximum speed on all beaches shall not exceed 10 mph. Maximum speed on beaches shall not exceed 5 mph when approaching pedestrians.

(5) Ruts or holes caused by vehicles shall be filled and debris removed.

(6) Headlights shall be used by all vehicles while in motion between sunset and sunrise.

(7) Riding on or driving from any position outside the vehicles is prohibited.

(8) Vehicles are prohibited on swimming beaches during the period they are protected by lifeguards and in operation.

(9) Vehicles shall be at all times subject to town ordinances and all regulations restricting the use of private, state and federal properties.

(10) Vehicles are prohibited from entering areas which have been closed through signage and/or roped-off for the protection of beach nesting bird species including Federally-protected Piping Plover and State listed Least Tern. Such closures may occur on a temporary basis from April through August and are established on an as-needed basis by the US Fish and Wildlife Service based on nesting activity in the area. Information regarding such closures may be obtained by calling the US Fish and Wildlife Service at (401) 364-9124 or the CRMC at (401) 783-3370. Vehicles are also prohibited from entering areas closed though signage and/or roped-off to promote dune restoration, invasive species control and dune or beach revegetation efforts.

Section 210.2 Barrier Islands and Spits

Add NEW Section 210.2.C (Policies) as follows:

10. All policies contained in RICRMP Section 210.1 Coastal Beaches regarding beach vehicle use on coastal beaches shall apply to beach vehicle use on barrier islands and spits.

11. The CRMC does not require annual beach vehicle permits on the barrier spits of Seapowet Marsh and Point Fishing Area and Fogland Beach; both in Tiverton. Both spits are composed primarily of beach cobble and are excluded from an annual beach vehicle permit requirement.

CALENDAR INDEX

Stedman Government Center
Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-2069 • E-Mail cstaff1@crmc.ri.gov

RI SealRI.gov
An Official Rhode Island State Website