Aquaculture Lease
The final stage of obtaining a lease and permit is the full application. The form required is the APPLICATION FOR STATE ASSENT. Once the full application and supporting documents are received the proposal will have a 30 day public comment period. Particulars about the application are advertised and comments are solicited. The town and all state and federal regulatory agencies are notified. The federal regulators will meet with state regulators to determine if the application will meet guidelines calling for federal participation. Most small leases utilizing bottom culture will only be reviewed by the state agencies. The application you submit to RICRMC will be forwarded to the appropriate state agencies, the town, the fishing associations, the RI Marine Fisheries Council, environmental organizations, and anyone who has expressed an interest in the preceding applications. Approval from the Army Corps of Engineers, the RI Marine Fisheries Council, RIDEM Division of Fish & Wildlife, RIDEM Division of Marine Fisheries, and RIDEM Office of Water Resources will be solicited and included in the final report.
At the end of the 30-day public comment period, it will be determined if a public hearing will be required. Careful planning to minimize conflicts will lessen your chances of a local public hearing. Most aquaculture applications are approved at the full council hearing without going to a local hearing.
After the Public Notification period has ended, an application is sent to the Shellfish Advisory Panel (SAP) for review and comment. The SAP is a subcommittee of the Marine Fisheries Council (MFC) convened by the RIDEM and is comprised of members of the commercial shellfishing community and others to ensure applications for aquaculture leases are consistent with shellfishing or other fishing activities. The SAP reviews applications and provides formal recommendations and comments to the RI Marine Fisheries Council (RIMFC) for their consideration. The SAP and Council make recommendations to approve or not approve based on whether the aquaculture activities proposed in each application are consistent with competing uses engaged in the exploitation of the marine fisheries.(RIGL 20-5(d)) Any decision by the SAP can be appealed to the MFC for reconsideration, otherwise, the SAP opinion is adopted as the recommendation of the MFC.
The final step will be for the applicant to go before the Coastal Resources Management Council for the granting of an assent and lease. The RICRMC Aquaculture Coordinator will write reports for the Council detailing the findings of the application process. The applicant, objectors, and supporters of the application are given a chance to voice their opinions to the Council. The Council can send contested cases to local public hearing if one has not already been held. The Council will vote to approve, deny, or modify the application. RICRMC Assents for aquaculture are valid for a period of 15 years and they are renewable if all of the stipulations are met.
The Army Corps of Engineers (ACOE) requires that all aquaculture projects that involve in-water structures, such as netting, cages, boxes, floats, etc., obtain an ACOE permit. The ACOE permit may be reviewed concurrently with the RICRMC application review process. Applications involving discharges may be required to obtain a Rhode Island Pollution Discharge Elimination System (RIPDES) permit. Aquaculture proposals may also be required to comply with Coast Guard gear marking procedures as specified in 33 Codified Federal Register 64.20-1
The final step in the leasing process is for the signing of a lease with the CRMC, the filing of proof of performance bond as required, and payment of the lease fee. Most leases will require a performance bond. The purpose of the performance bond is to provide money for the removal of all of the leaseholder’s aquaculture gear on the site in case of termination or expiration of the lease when the leaseholder does not conduct the clean-up.
At the end of each calendar year, RICRMC will send a letter and annual reporting form to each aquaculturist. Lease fees and the completed reporting form are due in January each year.
AQUACULTURE APPLICATION INSTRUCTIONS
All of the following required application documents must be organized into four (4) assembled packets when submitted to be considered a complete application.
REQUIRED APPLICATION DOCUMENTS:
APPLICATION FEE - Based on estimated project cost (see Fee Schedule, minimum fee is $50.00)
PHOTOS OF PROJECT SITE AND ADJACENT AREA- minimum 3”x5”, maximum 8”x10”
COMPLETED APPLICATION FORM- Be complete and concise in the description of the work proposed. The written description must completely describe all work proposed on the submitted site plans. This concise written description is essential in order to put the project out to public notice and expedite the processing of your application.
OTHER STATE AND FEDERAL AGENCY APPROVALS-
All aquaculture operations in the state require a DEM Aquaculture License from the Rhode Island Department of Environmental Management.
This form can be mailed in or dropped off in person at the Providence DEM licensing office.
The U.S. Army Corps of Engineers, National Marine Fisheries Service, and the RI-Department of Environmental Management meet with CRMC monthly. At these meetings, notice will be given to the agencies of your application. Most applications meet the requirements for permitting to be arranged by CRMC. Applicants proposing larger or unusual projects will need to work with these agencies directly. Notification will be sent to the applicant informing them of this requirement if it arises.
Discharges from aquaculture facilities may be subject to permits under the RI Pollution Discharge Elimination System (RIPDES). All applicable requirements of RIDEM Regulation Part XIX, “Aquaculture of Molluscan Shellfish in Rhode Island Tidal Waters” must be met. Contact RIDEM Division of Fish and Wildlife, Coastal Fisheries Laboratory, 1231 Succotash Road, Wakefield, RI 02879 (401) 783-2304.
LOCATION MAP - Use a NOAA nautical chart to accurately delineate the site location. The location map must include a map scale, a north arrow, and accurate latitude-longitude coordinates for the site (please go out 6 decimal places). The map should be no smaller than 8½” by 11”. Google maps are acceptable.
SITE PLANS - Four (4)copies of all plans are required. Plans must be no smaller than 1” = 40 feet. Larger scale plans such as 1"= 20' or 1"= 30' are preferred. All plans must include the applicant’s name, date of preparation, scale, and north arrow (indicate magnetic or true north). Complete site boundary lines must be shown on the plan view. All corners of the site must be accurately delineated in latitude-longitude coordinates and shown on the plans. Be sure to include the appropriate scale and distance from the site to the nearest shoreline.
The proposed gear layout must be shown on the plan view. Depth contours must also be shown on this site plan view for the proposed lease area at mean low tide. Be sure to show all of the proposed gear (cages, racks, netting, etc.) within the site.
A separate sheet depicting a typical cross-section view (from deepest to shallowest portions) of the entire site at the same scale as the plan view which includes the gear layout. Mean high and mean low tide elevations must be indicated on the cross-section view plan.
Detailed drawings of the proposed gear (cages, racks, nets, etc.) showing typical dimensions must be provided on an 8½" by 11" sheet. Applicant must show the depth of water covering the gear at mean low tide for the shallowest portion of the site.
Reduced site plans on an 8½" x 11" sheet must be provided if the original site plans are on larger sheets.
OPERATIONAL PLAN - See the 2019 Guidance Document This Microsoft Word document is intended to be used by licensees/operators as a template when preparing plans and may be modified as needed to fit the specific needs of the operator.
WRITTEN REQUIREMENTS OF RICRMP:
Provide written response to all items in section 1.3.1(A)
(1) demonstrate the need for the proposed activity or alteration;
(2) demonstrate that all applicable local zoning ordinances, building codes, flood hazard standards, and all safety codes, fire codes, and environmental requirements have or will be met; local approvals are required for activities as specifically prescribed for nontidal portions of a project in Sections 1.3.1(B), 1.3.1(C), 1.3.1(F), 1.3.1(H), 1.3.1(I), 1.3.1(K), 1.3.1(M), 1.3.1(O) and 1.3.1(Q); for projects on state land, the state building official, for the purposes of this section, is the building official;
(3) describe the boundaries of the coastal waters and land areas that are anticipated to be affected;
(4) demonstrate that the alteration or activity will not result in significant impacts on erosion and/or deposition processes along the shore and in tidal waters;
(5) demonstrate that the alteration or activity will not result in significant impacts on the abundance and diversity of plant and animal life;
(6) demonstrate that the alteration will not unreasonably interfere with, impair, or significantly impact existing public access to, or use of, tidal waters and/or the shore;
(7) demonstrate that the alteration will not result in significant impacts to water circulation, flushing, turbidity, and sedimentation;
(8) demonstrate that there will be no significant deterioration in the quality of the water in the immediate vicinity as defined by DEM;
(9) demonstrate that the alteration or activity will not result in significant impacts to areas of historic and archaeological significance;
(10) demonstrate that the alteration or activity will not result in significant conflicts with water-dependent uses and activities such as recreational boating, fishing, swimming, navigation, and commerce, and;
(11) demonstrate that measures have been taken to minimize any adverse scenic impact (see Section 1.3.5).
REVIEW SECTIONS 1.1.10 and 1.3.1(K) of the RICRMP.
RESPOND to 1.3.1(K) of the RICRMP.
Additional Category B Requirements
a. Applicants proposing to undertake any aquaculture project shall:
(1) Describe the location and size of the area proposed;
(2) Identify the species to be managed or cultivated within the permitted area and over which the applicant shall have exclusive right;
(3) Describe the method or manner of management or cultivation to be utilized, including whether the activities proposed are experimental, commercial, or for personal use; and
(4) Provide such other information as may be necessary for the Council to determine:
(AA) The compatibility of the proposal with other existing and potential uses of the area and areas contiguous to it, including navigation, recreation, and fisheries;
(BB) The degree of exclusivity required for aquaculture activities on the proposed site;
(CC) The safety and security of equipment, including appropriate marking of the equipment and/or lease area;
(DD) The projected per unit area yield of harvestable product;
(EE) The cumulative impact of a particular aquaculture proposal in an area, in addition to other aquaculture operations already in place;
(FF) The capability of the applicant to carry out the proposed activities; and
(GG) The impact of the proposed activities on the scenic qualities of the area.
Information regarding provisions for pedestrian access to the shore and availability of lease area for other uses, including but not limited to, boating, swimming, fishing, etc.
Note: All proposals are forwarded to the Rhode Island Historical Preservation & Heritage Commission for review and comment in accordance with Section 1.2.3 of the RICRMP. In some cases, the applicant may be required to submit the results of an archaeological assessment survey in order to document the presence or absence of significant archaeological sites. If the proposed development would damage a significant historical or archaeological resource, the Council may require modification of, or prohibit the proposed action. For additional information, you may contact the Rhode Island Historical Preservation & Heritage Commission directly: Environmental Review Coordinator, 150 Benefit Street, Providence, Rhode Island 02903. Telephone: (401) 222-2678.