No Decision from CRMC on Seapowet

Oyster cages with biofouling that need regular power washing for operations

Dear Save Seapowet Supporters,

Sapowet Cove (aka Seapowet) is still under threat. Despite a law passed in June 2024 prohibiting commercial activity in the cove’s waters, CRMC has not dismissed the pending commercial aquaculture application.

The Seapowet Application

After the General Assembly passed the law, Objectors filed a motion to dismiss the application with CRMC’s Hearing Officer in July 2024. It has been more than a year with no communication from the Hearing Officer on the status of this motion. At a recent House Finance Committee CRMC budget hearing, Representative John Edwards asked CRMC Executive Director about the delay in the decision. Director Willis offered no timeline. Watch the four-minute video of this exchange here.

A New Portsmouth Application

While the application at Seapowet remains unresolved, there is a new preliminary aquaculture application for waters in Portsmouth which may still rely on the residential lot at 701 Seapowet Ave. This residential lot was part of the contested Seapowet application. In a public meeting for CRMC's aquaculture preliminary determination process, attendees asked the applicant about using 701 Seapowet for land-based operations linked to the Portsmouth lease. The applicant declined to respond, stating "That's information that I do not have to disclose at this time."

Given that 701 Seapowet is zoned exclusively for residential use and that the adjacent waters prohibit commercial activity, it is concerning that the CRMC Aquaculture Coordinator, who was present at the meeting, did not encourage the applicant to address these questions. CRMC's own preliminary determination process states that the applicant is expected to answer questions that arise at the meeting. This failure to disclose relevant information denied stakeholders meaningful details needed to evaluate and comment on the preliminary application. CRMC failed to uphold the spirit of what a scoping session should be.

A Relevant Court Decision

A recent Rhode Island Superior Court decision reversing CRMC approval of an aquaculture lease in Potter Pond reveals similar shortcomings in CRMC aquaculture permitting. A CRMC subcommittee had recommended denial of the original application. But when the application was brought to the Council for a vote, a single council member directed staff to develop a reconfigured lease which the Council subsequently approved. The public was given no opportunity to comment on the changes to the application. The Court found this violated CRMC's own regulations and administrative procedures. Read about the decision on Save Potter Pond’s website.

CRMC Restructuring Legislation

Representative Edwards and Senator McKenney have introduced legislation, House Bill 7996 / Senate Bill 3082 which overhauls the CRMC by merging it into the Rhode Island Department of Environmental Management (RIDEM). This restructuring could ensure a more professional, accountable coastal management process and, hopefully, address the problems we’ve seen at Seapowet and with aquaculture permitting in general. You can read more about the legislation in Save the Bay’s press release here.

The fight is not over. We still need your support. Seapowet was established using public funds for people to enjoy as an undeveloped wild area for recreational use. Let's keep Seapowet for the public. If you are interested in getting more involved, please email saveseapowet@gmail.com.

Thank you for standing together and for all you do to protect Seapowet Cove.

Save Seapowet!

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New Legislation