AGENDA
Semi-Monthly Meeting – Full Council
Tuesday, June 25, 2019; 6:00 p.m.
Administration Building; Conference Room A
One Capitol Hill, Providence, RI 02908

Approval of the minutes of the previous meeting – June 11, 2019

Subcommittee Reports

Staff Reports

APPLICATIONS WHICH HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2019-01-002 RIDEM/DIVISION OF MARINE FISHERIES & THE NATURE CONSERVANCY -- To create an artificial reef to enhance habitat and fishing opportunities in the Providence River. Please see attached map of Sabin Point. Located in the Providence River south of Sabin Point, East Providence, RI.

2018-09-033 DANIEL TORRE & MAX DAVISON -- Establish and maintain a three acre oyster farm in the Sakonnet River using floating gear (2 foot by 3 foot floating bags). Located in the Sakonnet River of Portsmouth, RI.

2018-05-159 BRIAN PINSKY -- 401 Oyster Company, LLC. -- Expand an existing oyster farm using open top bottom trays and direct bottom plant. The total area for the existing and expanded farm would be 6.5 acres. Located in Ninigret Pond of Charlestown, RI.

PUBLIC HEARING ON PROPOSED RULEMAKING:

Title of Rule: RICRMP: Ocean SAMP Chapter 11 Policies of the Ocean SAMP (650RICR200511)

Summary of Rulemaking Action:

The CRMC proposes to amend the policies and standards of Ocean Special Area Management Plan (Ocean SAMP) Chapter 11 to improve the predictability of state permitting and federal consistency review processes for offshore renewable energy projects. The proposed amendments apply to any renewable energy and offshore development activity located within state waters or federal waters within CRMC geographic location description (GLD) boundaries that are subject to federal consistency review.

Summary of proposed amendments to 650-RICR-20-05-11:

1. Amend § 11.2(A) to clarify the purpose of the regulations and better differentiate between state permitting and federal consistency review authority.
2. Amend § 11.3(E) to add representation of seafood processing facilities onto CRMC Fishermen’s Advisory Board (FAB) and increase FAB membership to twenty (20) to account for seafood processing representatives.
3. Further clarify 2011 and 2018 geographic location descriptions (GLD) as defined in § 11.3(F).
4. Move deleted text in § 11.3(H)(6) to correct placement in § 11.3(H)(5).
5. Delete anachronistic text and clarify NOAA approval of Ocean SAMP and federal consistency authority in § 11.5.
6. Add new § 11.9(C) using text moved from § 11.10.1(D). Delete § 11.10.1(D).
7. Add new § 11.9(D) for $20,000 administrative fee for projects subject to CRMC federal consistency review only (no state permit required).
8. Amend § 11.9.1(E) to add reference to NOAA-approved GLDs.
9. Add deleted text from § 11.10.1(Q) to § 11.9.3(J).
10. Amend § 11.9.4(C) to include CRMC required (in state waters) wind farm design standards to enhance compatibility with commercial fishing operations.
11. Amend § 11.9.4(H) to increase from 6 to 7 FAB votes for RI interests to account for adding representation from the seafood processing facilities on the FAB as per proposed amendment in § 11.3(E).
12. Delete repetitive text in § 11.9.7(H); same text in § 11.9.4(F).
13. Add new § 11.9.8 for application requirements in state waters using deleted text from § 11.10.5.
14. Add new § 11.9.9 for baseline assessment requirements and standards in state waters including deleted text from § 11.10.9.
15. Add new §§ 11.9.9(E) for baseline assessment standards and (F) for post construction assessment requirements.
16. Amend § 11.10.1(C) to further clarify significant adverse impacts and coastal effects to commercial fisheries, when mitigation may be considered, and federal consistency issues.
17. Amend § 11.10.1(D) to include pre-application meetings with FAB and further clarify formal meeting with FAB to meet federal consistency necessary data and information requirements.
18. Add new § 11.10.1(D)(1) to clarify CZMA federal consistency review process as it relates to BOEM and the filing of a construction and operation plan (COP).
19. Amend § 11.10.1(E) to further clarify CZMA process and mitigation requirements.
20. Delete § 11.10.1(F) as first sentence is repetitive in § 11.10.1(C) and second sentence added to § 11.10.1(C).
21. Amend new § 11.10.1(F) to add shore-side seafood processing facilities as a fisheries user group and further clarify mitigation process and requirements in CZMA federal consistency review process.
22. Amend § 11.10.1(I) to clarify CZMA federal consistency review process as it relates to BOEM and the filing of a construction and operation plan (COP).
23. Add new § 11.10.1(O) for construction noise abatement requirements and standards to minimize adverse impacts to fishery resources.
24. Add new § 11.10.1(P) for cable burial requirements and standards to avoid significant adverse impacts to commercial fishing activities.
25. Amend § 11.10.5(A) to clarify when necessary data and information may be filed for CRMC federal consistency review.
26. Amend § 11.10.5(C) to remove anachronistic text and clarify the timing of a COP and SAP filing in the BOEM process.
27. Amend § 11.10.5(C)(1) to clarify SAP process for projects in state waters.
28. Amend § 11.10.5(C)(1)(g) to clarify that when NDI is missing the CRMC must follow federal regulations for a delay in CZMA federal consistency review process.
29. Delete §§ 11.10.5(C)(1)(h) and (j) through (q) and move to § 11.9.8(A).
30. Delete §§ 11.10.5(C)(2)(h) through (o) and move to § 11.9.8(B).
31. Delete § 11.10.5(C)(2)(o)(1) and move to § 11.9.8(B)(8).
32. Delete § 11.10.6 and move to § 11.9.8(C).
33. Delete § 11.10.7 and move to § 11.9.8(D).
34. Delete § 11.10.8 and move to § 11.9.8(E).
35. Amend § 11.10.9(A) to clarify baseline assessment requirements for projects subject to CZMA federal consistency review and move deleted text to new § 11.9.9.
36. Other minor edits and corrections as noted in track changes within the document.

 

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