In accordance with notice of the Rhode Island Coastal Resources Management Council’s Planning & Procedures subcommittee, a meeting was held on Tuesday, January 18, 2022 at 9:00 a.m. utilizing the Zoom Platform. All members, staff and participants were present on Zoom.

MEMBERS PRESENT
Ray Coia, Chair
Don Gomez
Ron Gagnon, RIDEM

STAFF PRESENT
Jeff Willis, Executive Director
James Boyd, Acting Deputy Director
Leah Feldman, Coastal Policy Analyst
Laura Miguel, Enforcement
Brian Harrington, Enforcement
Devon Robinson, Enforcement

 

Call to Order. Chair Coia called the meeting to order at 9:05 a.m.

Item 5.A – Administrative Fine Program. J. Willis noted that this item is on the agenda for discussion purposes and asked the subcommittee to offer advice and ideas on the direction staff are taking with regards to this proposed program. J. Willis explained the agency’s historical enforcement fine capabilities, beginning at a maximum of $1,000 per violation, then raised to $2,500 in the 1990s and just last year during the 2021 Legislative session having it increased to $10,000. L. Feldman presented the research on similar programs at other coastal programs around the nation and introduced a Matrix concept that identifies varying degrees of violation intensity as well as violation history and Program knowledge of the violator in helping Enforcement staff determine appropriate levels of fines. B. Harrington and L. Miguel explained how they as Enforcement staff have been ‘ground-truthing’ the implementation of the Matrix vis-à-vis past enforcement actions and have found that the structure of the Matrix and its guidance documentation has been fairly accurate. Mr. Gomez asked about the categories contained n the Matrix’s guidance and if they would be further fleshed-out. Staff indicated that they will be more detailed. Mr. Gomez asked if the matrix was to be part of the revisions to the Redbook or a resource tool for staff. J. Willis and J. Boyd noted that while the Redbook will need to undergo rule-making to account for this program, the matrix itself is not envisioned to be part of those revisions. However both also noted that Legal Counsel will need to weigh-in on how best to incorporate the matrix. Chair Coia stated that the use of the matrix is important in that if a fine is assessed and an appeal was taken it would give support to the process in that it was not arbitrary. He further explained that the matrix is to be used for everybody which would show fairness. B. Harrington and L. Miguel pointed out that the use of the matrix would be at the beginning of any enforcement process and over the course of the investigations may result in a recommendation that the initial fine be revised, up or down based on the path of the investigation. Mr. Gagnon asked about the point system within the matrix and if it was a direct proportion to an actual fine. L. Feldman explained that while that was an initial idea on how to utilize the point system coupled to the legislative fine allowances staff will be exploring a range for the fines, based on the point system, as not every violation is equal even if similar. Mr. Coia echoed and supported that idea and offered that staff continue to explore that idea, as did Mr. Gomez. J. Willis thanked the subcommittee and noted that staff will be back with a more detailed draft Program for their consideration that is expected to contain both an updated Matrix and potential Redbook revisions.

Item 5.B – General Permit Program. J. Willis noted that this item is on the agenda for discussion purposes. He explained that there are many minor and de minimis activities for which the agency still issues a permit that have very little if any impact to the state’s coastal resources. He further explained that staff are increasingly reviewing large complex proposals that require additional amounts of time and resources to review and that removing these de minimus activities from their workloads will help find the time needed for these more complex proposals. L. Feldman explained her research on what kinds of general permit programs exist across the country, and what sort of activities are considered exempt or considered negligible enough to not need the full permit review process. She also has been working with some staff at RIDEM to understand new freshwater wetlands general permit program and possibly mirror some of the structure of that into what could potentially be used for the CRMC. Mr. Gagnon mentioned the work of the two agency’s staffs on a GP for dredging projects. J. Boyd offered examples of activities that have minor if any impact to the coastal resources. Mr. Gomez asked if there will be more specificity on types of activities allowed under a GP. L. Feldman explained that the list presented today is a general list of the kinds of activities that could potentially be included in this kind of general permit and will be explored more in depth.

Item 5.C - Bay SAMP Aquaculture Element. J. Willis gave a status report on the travel and issues being discussed through the staff’s efforts to address Aquaculture through the Narragansett Bay SAMP process.

ADJOURNMENT. Mr. Gagnon, seconded by Mr. Gomez, moved to adjourn. All voted in favor of the motion and the meeting was adjourned at 9:52 a.m.

 

Respectfully submitted by

Jeffrey M Willis, Executive Director

 

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