URI Coastal Resources CenterRhode Island Sea Grant, January 2016
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i. Formal participation
The Ocean SAMP lays out various policies to ensure continued representation of
fishermen’s interests in the SAMP area. Chief among these is the creation of the nine‐member
FAB to comment on potential fishery‐related impacts of proposed development projects. The
Ocean SAMP requires developers to consult with the FAB on matters such as project location,
construction schedules, impacts on fishing activity, and mitigation measures. For projects in
state waters, the Ocean SAMP requires project proponents to meet with the FAB as a
prerequisite to submitting an application to CRMC. For projects in federal waters, the Ocean
SAMP requires project proponents to meet with the FAB as “necessary data and information”
for federal consistency review.
10
Other formal fisheries measures in the Ocean SAMP include a requirement that
developers negotiate a fisheries mitigation agreement with input from the FAB, include
fisheries surveys in their Site Assessment Plan SAP and Construction and Operations Plan
COP,
11
and hire a third‐party “fisheries liaison” to facilitate direct communication with fishermen
during all phases of a project, from pre‐construction to operation to decommissioning.
1. The
Fishermen’s Advisory Board FAB
CRMC appointed the initial slate of nine FAB members six from Rhode Island and three
from Massachusetts in July 2011, 10 months after Ocean SAMP approval.
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Members represent
the range of fishing activities that take place in the SAMP area: lobster, bottom trawl, gillnet,
scallop, recreational, and charter. SAMP policies provide only a rough outline of FAB operating
procedures, largely leaving it up to appointees to decide how to run the advisory body.
Interviews revealed that, to date, the FAB has used this leeway widely. Early on,
members realized their busy fishing schedules made it hard to attend meetings. At their
request, CRMC initiated a public process to amend the Ocean SAMP to allow for one alternate
member per fishery gear group. FAB members themselves appointed individuals to fill these
slots. Through a similar public process, the FAB also secured a change in the regulations to
recognize one FAB member as an official chairperson in charge of managing meetings. Despite
the designation of alternate representatives, FAB members continued to struggle with the
10
“Necessary data and information” is a requirement of the federal consistency review process as laid out in the federal
Coastal Zone Management Act.
11
This requirement is waived if the developer has obtained a CRMC permit within the REZ within two years of approval
of the Ocean SAMP.
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