In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, May 11, 2021 at 6:00 p.m. utilizing Zoom Meeting, and Council members participating remotely.

Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Donald Gomez
Joy Montanaro
Ronald Gagnon, RIDEM
Michael Hudner
Trish Reynolds

Members Excused
Jerry Sahagian

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Benjamin Goetsch, Aquaculture Coordinator
Anthony DeSisto, Legal Counsel
Ryan Moore, Moderator
Lisa Turner, Recording Secretary
Cindy Tangney, Court Reporter
Laura Dwyer, Public Information and Education Coordinator

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 6:07 p.m. and identified the participants of the meeting, Council Members, Staff members, and applicants. The Chair stated that the meeting would be recorded. Mr. DeSisto will need to leave the meeting and Mr. John Longo will take his place.

2. Ryan Moore, Meeting Moderator, briefed participants on the meeting housekeeping items.

3. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for a motion regarding the minutes for the Thursday, April 29, 2021 Semi-monthly Meeting.

Motion to approve the minutes of Thursday, April 29, 2021.

Motion: Mr. Coia
Second: Mr. Gagnon

Roll Call Vote:
Chair Coia Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Mr. Gomez Aye
Ms. Montanaro Aye
Chair Cervenka Abstain

Motion carried to approved minutes from 04-29-2021 meeting.

4. SUBCOMMITTEE REPORTS:

Mr. Boyd reported to the Council:

• Raso Subcommittee Meeting Scheduled for May 28, 2021 to review Subcommittee Recommendation – Draft Recommendation

5. STAFF REPORTS:

Mr. Willis updated the Council on the following matters:

• Vineyard Wind Farm– BOEM – 90 days to issue outstanding federal permits for that project – end of summer early fall ready to construct
• Orsted Southfork Windfarm -- FAB board and the developer Orsted, continuing negotiations -- next meeting before the Council
• Block Island Wind Farm cables – National Grid have asked for an extension to the May deadline Only meeting for this would be in June, 2021 – need to clear the obstruction; stopped the work to do further assessments
  Mr. Gagnon asked if the Vineyard Wind Mitigation agreement that was agreed to and approved through Council still in effect. Mr. Willis confirmed the agreement between Vineyard Wind and the Fishermen’s Advisory Board was still in effect and would become effective upon financial close of project.

PUBLIC HEARING ON PROPOSED RULEMAKING: Management Procedures (650-RICR-10- 00-1) -- Summary of Rulemaking Action:

The CRMC proposes to amend its Management Procedures to delete some filing fees, add specifically required information for petitions for regulatory change, and increase the number of days for the filing of new information prior to a scheduled hearing.

Brief summary of proposed amendments to 650-RICR-10-00-1:

1. Delete § 1.4.6(A)(10) to remove the required declaratory ruling $1000 filing fee;
2. Amend § 1.4.9 to remove the required petition for regulation change $1000 filing fee and add specific
   requirements for necessary filing materials; and,
3. Amend § 1.5.9(A) to specify necessary filings and increase the number of days from five (5) to seven (7) that such information must be filed with the Council prior to a hearing.

Mr. Boyd explained the proposed changes and stated that the period to provide public comment would end on May 26, 2021

Mr. Boyd stated that two sets of comments were forwarded to Council Members – Mr. Boyd read them into the record, a letter of support from Save The Bay and a letter of support from the American Civil Liberties Union – both supporting the removal of the filing fee for Request for Declaratory Ruling and the Request for Regulatory Change.

Chair Cervenka expressed her support to amend § 1.5.9(A) as it would help Council better prepare for meetings.

Public Hearing opened for comments.
Public Hearing closed with no comments heard.

Chair stated that rule making will come before the Council at a future date.

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

2020-04-037 JOHN BOWEN & PATRICK BOWEN – Establishment of a 0.95 acre oyster farm in the Sakonnet River, southwest of the Seapowet Bridge in the area known as Seapowet Cove; Tiverton, RI.

Mr. Goetsch gave a brief overview of the application to the Council stating that the applicants wanted to start a family farm southwest of Seapowet Bridge which would be close to a DEM recreational fishing area. Mr. Goetsch stated that he had worked with the applicant on revisions of the application based on comments received with the latest revision being submitted today. Mr. Goetsch stated that the reason for the objections was due to recreational shore fishing. Mr. Goetsch stated that the last revision was put out to public notice with no comments received. Mr. Goetsch informed the Council that the RIMFC reviewed the application with no opinion rendered. The Harbor Commission revisited the application and with no impact to moorings, removed their objection and recommended it more forward. Mr. Goetsch stated that the RIDEM did not support the crossing of the parking lot for access to the site and the applicant would need to service and construct the lease using private shore access.

In the Fall of 2020, Mr. Goetsch stated that he spoke with applicant about the proposals. Mr. Goetsch presented them as Alternative 1 of which the Council had been given and Alternative 2 which had been recently received.

Mr. Goetsch stated that when posting notification for Semimonthly meeting, several objections were received from fishermen along with requests to speak.

Mr. Goetsch confirmed for Chair Cervenka that casting into the lease was a concern but that presence of cages could prevent wading into area or safety issues if they do wade into area. Mr. Gomez stated that he had never seen anyone fishing in that area.

Mr. DeSisto presented a procedural question regarding the Council’s ability to approve an application prior to decision/recommendation of RIMFC.

Mr. Goetsch stated that CRMC had received a letter from Robert Ballou Chair of RIMFC which outlined the happenings of the meeting.

Chair Cervenka– staff report recommends approval of alternative 1. Stand by recommendation as written however, the most recent, alternative two received today is equally as good and would remove some conflict from Mr. Mendez and fishing group. However as Alternative #2 is not reflected in the CRMC staff report to the Council and was not considered by the RIMFC, CRMC cannot make a decision tonight if looking at Alternative #2.

Mr. DeSisto informed that Council that there were procedural issues regarding the RIMFC letter which were of concern. Mr. DeSisto stated that the best course of action would be to continue the matter, have RIMFC review Alternative # 2 and add Alternative #2 to staff report.

Mr. Gomez agrees that Council needs to review.

Chair Cervenka asked it the application would require additional public notice. Mr. Willis stated that given the MFC issue and that Mr. Goetsch has worked with applicant and objectors, the new information can be presented to the MFC and then brought back before the Council for their review.

Motion to continue to allow for the development of alternative two and representation to the RIMFC Mr. Gomez will support motion as stated second.

Roll Call Vote:
Chair Coia Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Mr. Gomez Aye
Ms. Montanaro Aye
Chair Cervenka Aye

Motion carried to continue.

Mr. Desisto left meeting and is replaced with Attorney John Longo

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2019-12-079 SEAKIST AQUACULTURE, LLC -- This proposal is for a 4.25 acre expansion to an existing aquaculture site with a modification of the gear type to small floating baskets known by the brand name FlipFarm. Farm located in Narragansett Bay, Jamestown, RI.

Mr. Goetsch gave a brief overview of the application to the council stating that the applicant wished to enlarge site to 8.5 acres requiring an expansion of 4.72 acres. Mr. Goetsch explained the gear modification stating that it is ultra-low profile commonly known as Flipfarm and would be used throughout the lease.

Chair Cervenka asked if it is considered the lowest profile gear on market. Mr. Goetsch explained lowest profile that offers the ability to dry the gear. Mr. Goetsch explained that the benefit of the gear is efficiency for the farmer in the use of double helix apparatus that flips the cages. These cages are lower profile even in the drying position than current gear.

Mr. Goetsch explained that the number of individual units proposed, 12,000 cages, caused some concern during the review process and public notice period.
Mr. Goetsch stated that the RIMFC and ACOE approvals were received.

Mr. Goetsch stated that objections were received from residents of Westwind Drive by a form letter making same points about all of the pending application at the time of this submittal. Mr. Goetsch stated that other objections were: visual impact, bird concerns, harbor no longer pristine, user conflict and no plan for aquaculture. Mr. Goetsch addressed the objections stating that using the proposed gear would minimize visual impact. Mr. Goetsch stated that the site is located further from Westwind Drive homes.

Mr. Goetsch stated that while the Town did not submit an objection to the application, the letter submitted by Jamestown Town Administrator, Jamie Hainsworth, expressed the Jamestown Town Council’s concerned with aquaculture saturation in this area. Mr. Goetsch stated that he had recently met with the Jamestown representatives regarding the CRMC Bay SAMP and Aquaculture Regulations.

Mr. Goetsch stated that given that gear being the lowest profile met all other requirements, CRMC staff recommended approval.

Chair Cervenka asked about other user conflicts. Mr. Goetsch stated that based on stakeholders in the area and discussion with the harbor office it appears that the expanded operation will not displace user groups.

Mr. Goetsch explained that the 12,000 Flipfarm cages would eventually encompass the entire footprint of the expanded 8 acre lease

No further Council questions.

Applicant was called.

Nicholas Papa being duly sworn addressed the Council stating that Mr. Goetsch had covered the application and all highlights to his satisfaction. Mr. Papa assured the Council that he had spent a lot of time searching for low profile gear for their efficiency and workability which is important. Mr. Papa stated the new gear is innovative and that he was excited to employ the gear and lessen the impact in the area as well as make his business more viable and sustainable.

Chair Cervenka asked Mr. Papa to clarify the plan to change over to the new gear. Mr. Papa stated that the new lease area would have the new gear and work towards phasing out/replacing the old gear over time.

Mr. Papa confirmed for Chair Cervenka that he would not be opposed to a stipulation that would require the new gear be in use in entire lease by a specified time.
Mr. Papa stated that he had not have interactions with the objectors himself but worked with Mr. Goetsch to alleviate objectors concerns.

There were no questions from Council for Mr. Papa.

Comment period:

Sharon Purdie, resident of Westwind Drive spoke in regards to the expansion stating that although Mr. Papa’s aquaculture farm is very well maintained and organized, the expansion of this lease will increase it twofold and be a significant addition to an already saturated area of aquaculture. Ms. Purdie also expressed concern that the expansion of the lease would affect recreational uses. Ms. Purdie began a discussion regarding the need for an aquaculture planning process. Chair Cervenka stated that the Council understood the communities concerns and that the Council had made it a recent priority through the CRMC Bay SAMP process. Chair Cervenka stated that the Council encouraged the residents input.

Mr. Willis explained that the planning effort kicked off last month for aquaculture effort with stakeholders and meetings to formulate what a global agenda will look like. Mr. Willis stated that the Working Group comprised of well over 30 individuals that represent different uses of the bay.

Ms. Purdie asked if the Council would consider not approving future aquaculture in the area until the SAMP was approved.

Mr. Willis explained that it was difficult to stop the application process for planning purposes. Mr. Willis explained that during the planning process, CRMC would be looking for areas that are good for aquaculture.

Chair Cervenka stated that scheduled for June there would be the first large scale working group public meeting which would be posted on CRMC’s website.

Mr. Willis confirmed that Dutch Harbor would be looked at in the planning process and that future capacity will be determined.

Mr. Goetsch stated that the average review time for applications is nine months to 12 months and that there were no other applications in Dutch Harbor at this time.

Mr. Willis stated that a typical timeframe for a planning process would require approximately a year given the working group issues that come up and planning processes.
Mr. Goetsch stated that Jamestown was the first town the working group reached out to.
Jamie Hainsworth, Town Administrator of Jamestown addressed the Council and asked if a moratorium of aquaculture in the Jamestown area would be possible.

Chair Cervenka stated that due to procedural reasons, further discussions of a moratorium could not not be done during this meeting but that the Council was aware of the Towns concerns and was working as quickly as possible.

Kenny Mendez asked if it was possible to approve farms but in the future, after planning process, revoke the lease.

Chair Cervenka stated that legally the Council cannot take away anything that we provide to current applicants based on subsequent planning. Attorney Longo agreed with Chair Cervenka and stated that the regulations that apply are enforced from the point of application receipt.

Alan Katz, resident of Westwind Drive and neighbor to Sharon Purdie agreed with Ms. Purdie’s comments to the Council adding that there were too many cages in Dutch Harbor.

Chair Cervenka asked Mr. Goetsch to explain number of cages for ultra-low profile compared to high profile. Mr. Goetsch explained that the lower profile cages were smaller and held less animals thereby needing more cages.

Mr. Papa addressed the comments explaining that the lease site would not be moving closer to shore and that the visual obstruction would be less with the flip cages as opposed to the larger cages in the current lease area. Mr. Papa stated that his expansion and apparatus change would provide the appropriate number of cages to keep his business moving forward.

With no further comments heard, Chair Cervenka closed public comment.

No further discussion

Mr. Gagnon asked if new applications were to be proposed for Dutch Harbor, could CRMC wait for SAMP to be completed prior to reviewing the applications. Mr. Willis stated that when an application is submitted, staff reviews based on the regulations at the time of submittal. Mr. Willis stated that part of the staff review is to determine balance for what is asked for and the uses that are there; -- Can the area and natural resources support the new proposal. Mr. Willis stated that the working group will help CRMC better understand the various uses of the bay.

Mr. Gagnon motioned for approval of the application with conditions and stipulations prepared by staff. Mr. Gomez second the motion.

Chair Cervenka asked if the stipulation would require full conversion by a specific time. Mr. Papa agreed to the stipulation.

Mr. Goetsch stated that the application has a detailed operational plan which was approved by the ACOE in a very detailed letter.

Mr. Goetsch stated that he would be in agreement of a stipulation for conversion of gear within a reasonable timeframe. Mr. Goetsch stated that the timeframe would depend on the availability of the gear and that he will be aware of when the gear is available for this part of the US and he will keep in contact with the lease holder, Mr. Papa.

Mr. Longo stated that all reasonable efforts to do the full conversion within a reasonable timeframe and if it has not been complied with for reasons that are not- acceptable, non-compliance could result in revoking permit.

Mr. Gagnon amended Motion to incorporate stipulation on timing. Second by Mr. Gomez.

Roll Call Vote:
Chair Coia Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Mr. Gomez Aye
Ms. Montanaro Aye
Chair Cervenka Aye

Motion carried to approve with stipulations.

7. ADJOURN

Motion: Chair Cervenka
Motion carried on unanimous vote

Meeting adjourned at 8:05 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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