In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, May 23, 2023 at 6:00 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair
Donald Gomez
Ronald Gagnon
Patricia Reynolds
Stephen Izzi
Catherine Robinson Hall

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Benjamin Goetsch, Aquaculture Coordinator
Anthony DeSisto, Legal Counsel
Mark Hartman, Asst Legal Counsel
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:05 p.m.

2. Approval of the Minutes of the Previous Meeting

Chair Coia called for a motion regarding the minutes for the Monday, April 24, 2023 Semi-monthly Meeting. Edit minutes to reflect Director Terry Gray present in place of Ronald Gagnon.

Motion: Ms. Reynolds
Second: Mr. Gomez
Motion carried on a unanimous voice vote (with edit).

Chair Coia called for a motion regarding the minutes for the Tuesday, April 25, 2023 Semi-monthly Meeting.

Motion: Mr. Gagnon
Second: Ms. Reynolds
Motion carried on a unanimous voice vote.

Chair Coia called for a motion regarding the minutes for the Tuesday, May 9, 2023 Semi-monthly Meeting.

Motion: Mr. Gomez
Second: Mr. Izzi
Motion carried on a unanimous voice vote.

3. Subcommittee Reports

None were heard.

4. Staff Reports

Mr. Willis updated the Council on the following:

• CRMC participation in the Ocean Race Summit in Newport
• Update on Council Member Lindsey McGovern resignation effective on June 1, 2023.

Chair Coia thanked Council Member McGovern for her service on the Council as well as to the State of Rhode Island.

5. Application that has been Out to Notice and is before the Council for Review and Action:

2022-04-046 ROGER WILLIAMS UNIVERSITY – A 1.78-acre education/research aquaculture site adjacent to the university’s Learning Platform in Mount Hope Bay. The application seeks Council approval for the listed activities pursuant to 650-RICR-20-00-1.3.1(K)(5)(a)(15). Located in Mount Hope Bay adjacent to RWU Bristol Campus.

Mr. Goetsch gave an overview of the application stating that he worked with applicants for quite a bit with the site being in continuous use for research purposes for over the past 20 years. Mr. Goetsch explained that the application before the Council was to bring the entirety of their aquaculture research area/lease under one single assent with a three-year lease. Mr. Goetsch stated that the applicant had met all of the requirements for a Category B aquaculture application, that there were no comments received during the public notice period in May of 2022, and had received all approvals needed from the RIDEM and ACOE. Mr. Goetsch stated that the coordinates of the site needed to be corrected for the Bristol Harbormaster so that the site remained parallel to the pier. Mr. Goetsch explained that at times the area would be closed if there was a rainfall of greater than .5” within 24 hours; however, a protocol has been developed with the RIDEM enforcement and CRMC aquaculture coordinator that the applicant could visit the site during a closed period in order to tend to gear and seed. Mr. Goetsch explained harvested product could not be sold, however they could donate some of the product under certain circumstances. Mr. Goetsch stated that staff’s opinion is that the application meets with requirements of the Coastal Resources Management Plan and suggested three additional staff stipulations: 1) issuance of a lease with a maximum of three years with the possibility of extension in three year increments provided they have met all the terms and conditions of the permit as well as CRMC and RIDEM regulations; 2) prohibition of working south of the Learning Platform; 3) a kelp line shall be installed no later than May 1. Mr. Goetsch also explained to the Council that the site would be recorded on the Coast Guard nautical charts.

Mr. Gomez asked about experimental species migrating and impacting on local fisheries. Mr. Goetsch confirmed that all of the species are native to our waters.

Ms. Hall asked about power-washing of fowling organisms. Mr. Goetsch stated that asked that the Roger Williams University representative be sworn in to answer questions.

Mr. Scott was sworn in and identified himself for the record as Timothy Scott.

Mr. Scott explained that an upland area would be cordoned off (50’ away from the shoreline) and they power- wash there on a tarp that is then gathered and discarded appropriately.

No further questions from Council.

Mr. Scott confirmed for Chair Coia that Roger Williams was in agreement with staff stipulations.

Mr. Gomez motioned, based on the application’s finding of facts and discussion, that this application be approved.

Ms. Reynolds seconded the motion.

Roll Call:
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye

Motion carried unanimously.

6. Council Action on Proposed Rulemaking: 650-RICR-30-05-01 Ocean State Climate Adaptation and Resilience Fund -- Proposed Jointly Promulgated Regulation

Mr. Willis gave an overview of the regulations including information on the process of regulatory promulgation. Mr. Willis stated that a public hearing was had in January 2023 and that public comment was received from Save The Bay and the Town of Warren. Mr. Willis stated that as the regulations before the council were jointly promulgated between CRMC, RIDEM and the RI Infrastructure Bank the suggested changes that were submitted through public comment were reviewed by the three agencies. Mr. Willis stated that the red-lined version was before the Council in the agenda package. Mr. Willis stated that the suggested changes better define eligibility of projects, better identifies how the funds can be used, and better aligns the review process and modification process with the existing OSCAR statute. Mr. Willis stated that Save The Bay wrote in agreement of the changes. Mr. Willis stated that CRMC staff is in support of the changes and recommends that the Council approve the proposed regulations.

Ms. Hall pointed out a typographical error in the citation of the RIGL – “43-23” should be “46-23”. Mr. Willis agreed.

Ms. Hall also questioned whether the notification process was done correctly based on the RI Administrative Procedures Act as what was on the posted Agenda document was different than the red- lined version before the Council. Mr. Willis stated that the red-lined version was posted as part of the agenda package on the Council’s website.

Mr. DeSisto stated that the Public Hearing was held on the amendments as shown on the Agenda with the suggested amendments coming after the Public Hearing and are before the Council to change at this level. Mr. DeSisto read section 42-35-6.1 to further support the Council being able to vote on the proposed regulatory changes. Mr. DeSisto stated that if the Council wanted to proceed with the proposed action, there is good grounds to do so based on the statute that was cited.

Mr. Gomez motioned to amend the Proposed Rulemaking to the red-lined version. Mr. Izzi seconded the motion.

Mr. DeSisto clarified the motion before the Council stating that he recommended that the proposed regulations as posted be amended as shown in the red-lined version.

Mr. DeSisto stated that he had discussed the notice issue with the attorneys from the Infrastructure Bank and they were comfortable with CRMC moving forward.

Clarifying his legal advice to the Council, Mr. DeSisto stated that he is comfortable with the Council going forward with the deliberation of the proposed regulations but can understand continuing the decision.

On the motion to accept the amended redlined version of the regulations:

Roll Call:
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye

Motion carried unanimously.

Mr. Gomez motioned for the approval of the Council accepted redlined version of the proposed OSCAR amendments.

Mr. Izzi asked, for point of clarification, if the Council could slightly amend a proposed regulation such as sentence structure on the same night. Mr. DeSisto confirmed that the Council could amend it slightly as long as it is not a material change.

Mr. Gagnon asked if Save The Bay was the only public commenter. Mr. Willis stated that Save The Bay and the Town of Warren had originally commented on after the January Public Hearing and that CRMC, RIDEM and the Infrastructure Bank had worked together to incorporate comments received. Mr. Willis explained that Save The Bay had sent a letter saying that they agreed with the redline changes.

Mr. Willis confirmed for Ms. Reynolds that RIDEM and the Infrastructure Bank were waiting for CRMC to approve the proposed redlined regulations.

Roll Call:
Ms. Hall No
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye

Motion carried.

8. ADJOURN

Motion to adjourn:
Motion: Mr. Gomez
Second: Mr. Izzi

Motion to adjourn approved on a unanimous voice vote.

Meeting adjourned at 6:42 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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