CRMC Hearing Officer Decision?
Dear Save Seapowet Supporters,
The CRMC Council will meet tomorrow (Tuesday, August 25th, 2026) and will receive a report on the Hearing Officer’s determination on the Motion to Dismiss the Bowen aquaculture application in Sapowet Cove. This case has lingered with the CRMC for nearly six years and has not been dismissed even after the General Assembly passed a law in June 2024 prohibiting commercial activity in the Cove’s waters. The fight to protect this coastal conservation public water continues.
To refresh your memory, here is timeline of key events in the case:
2020–2021: Initial Proposal & Early Opposition
April 14, 2020: Applicants filed a formal application. Two weeks later an alternate location was filed. The alternate location moved into the public shell fishing area. This modification was not properly noticed by CRMC.
June 18, 2021: The Tiverton Town Council sent its first official letter to CRMC registering concern about CRMC’s notice provision and opposition to the farm by Tiverton residents because of the effect on recreational fishing and boating and lack of specificity in the application.
2023: Official Re-Notice & Town Objections
May 9, 2023: CRMC re-noticed the public comment period due to procedural defects of notice.
May 15, 2023: The Tiverton Harbor Commission voted unanimously to oppose the project. The Tiverton Town Council also voted unanimously to file a formal objection.
June 2023: Town officials, residents, large stakeholder groups, and other users of the area sent formal objections to the CRMC regarding this application.
November 2023: CRMC declared the proposal a "contested matter" due to substantive objections and sent it to the Hearing Officer.
2024–2026: State Law Protection & Motion to Dismiss
June 29, 2024: Rhode Island General Assembly passed R.I. Gen. Laws § 32-1-5.2, outlawing commercial development in Sapowet Cove. The legislature delegates to CRMC the authority for leasing coastal waters, but the legislature also has the authority to revoke or narrow that authority whenever the public interest demands it.
July 25, 2024: Objectors filed a Joint Motion to Dismiss because state law prohibits commercial operations and reserves the area for recreational use. The law supports the huge public investment from state and federal agencies to create this conservation area for public recreational use.
September 23, 2024: The Hearing Officer held a hearing. Both sides presented arguments on the Motion to Dismiss.
August 25, 2026: The CRMC Council agenda lists “Report to the Council on CRMC Hearing Officer’s determination on the Motion to Dismiss filed in the Bowen Aquaculture Application”
The Legal Imperative
A determination on RI Gen Law 32-1-5.2 is being reviewed, not the merits of the application. The decision is a purely legal issue. Under R.I. Gen. Laws § 32-1-5.2, state legislators intended to preserve Sapowet Cove in its undeveloped state, to be used for passive outdoor recreation. The applicants have no legal vested rights in public waters. When this law took effect, the applicants only had a pending application for a permit, not an approved permit.
If CRMC ignores the law, then they will be disregarding the General Assembly’s authority. Allowing the application process to continue through the permitting process wastes the public’s and CRMC resources.
What Comes Next
It is unclear what update CRMC will report tomorrow evening. If you want to watch the meeting, click here for the Zoom link and a copy of the agenda.
Save Seapowet still needs your support. Seapowet Wildlife Management Area was established using public funds for people to enjoy as an undeveloped wild area for recreational use. Let's keep Seapowet for public not private interests.
Thank you for standing together and for all you do to protect Seapowet Cove.
Save Seapowet!