OffOff--Shore Wave Energy Development Shore Wave Energy Development and the Environment in Oregonand the Environment in Oregon

Ocean Energy DevelopmentOcean Energy Developmentin the Territorial Seain the Territorial Sea

Paul KlarinPaul KlarinOregon Department of Land Conservation and DevelopmentOregon Department of Land Conservation and DevelopmentCoastal Management ProgramCoastal Management Program

What happens when you drop this

And a cement block anchor the size of a 2- car garage

in the middle of their best fishing grounds -

and you multiply it by ?

You Get a

Reaction!

FERC: Wave Energy

MMS: Alt Energy OCS

By the (Statutory) NumbersMMS

FERC

Regulatory Readiness*Regulatory Readiness*

Unsettled Unsettled –– State v. FederalState v. FederalFERC v. MMSFERC v. MMS

Uncertain Uncertain –– Agency ApparatusAgency Apparatus

Untested Untested –– State Review ProcessState Review Process

** Please apply standard opinion disclaimerPlease apply standard opinion disclaimer

FERC FERC ♥♥ OREGON MOUOREGON MOU

Short Short ––Term Experimental & Pilot ProjectsTerm Experimental & Pilot Projects

Coordinated Review and ScheduleCoordinated Review and Schedule

Stakeholder Involvement Stakeholder Involvement –– Adaptive ManagementAdaptive Management

State Comprehensive Plan State Comprehensive Plan --LocationLocation

NumberNumber

Review StandardsReview Standards

Incorporated into Oregon Coastal Mgt. ProgramIncorporated into Oregon Coastal Mgt. Program

Protect & Mitigate Damage to Fish and WildlifeProtect & Mitigate Damage to Fish and Wildlife

OregonOregon’’s Ocean Policy Frameworks Ocean Policy Framework

ORS 196 ORS 196 –– Ocean Resources ManagementOcean Resources Management

* * Ocean Resources Management ProgramOcean Resources Management Program* * Ocean Policy Advisory CouncilOcean Policy Advisory Council* State Agency Coordination Requirements* State Agency Coordination Requirements

Territorial Sea PlanTerritorial Sea Plan

Goal 19 Ocean Resources Goal 19 Ocean Resources –– ORS 197ORS 197

Agency Regulatory AuthoritiesAgency Regulatory Authorities

““Oregon places Oregon places special emphasis on emphasis on conserving conserving renewable ocean ocean resources because these are resources because these are expected to provide greater longexpected to provide greater long--term term benefits to the state from benefits to the state from food production, recreation, aesthetic enjoyment, navigation, and ecosystem stability than than non-renewable marine resources.marine resources.””

Part One of the Oregon Territorial Sea Plan Part One of the Oregon Territorial Sea Plan Preamble to Ocean Management Goals and PoliciesPreamble to Ocean Management Goals and Policies

Oregon Territorial Sea PlanOregon Territorial Sea PlanPart One: Ocean Management GoalsPart One: Ocean Management Goals

The overall ocean management goal of the State of Oregon is to: The overall ocean management goal of the State of Oregon is to: Conserve the longConserve the long--term values, benefits, and natural resources of theterm values, benefits, and natural resources of thenearshore ocean and the continental shelf. nearshore ocean and the continental shelf.

To achieve this goal, the State of Oregon will:To achieve this goal, the State of Oregon will:

1. give 1. give higher priority to the protection of renewable marine resourceshigher priority to the protection of renewable marine resourcesthan to the development of nonthan to the development of non--renewable ocean resources;renewable ocean resources;

2. support development of ocean resources that is 2. support development of ocean resources that is environmentally environmentally sound and economically beneficialsound and economically beneficial to coastal communities and the state;to coastal communities and the state;

3. protect the 3. protect the diversitydiversity of marine life, the of marine life, the functionsfunctions of the marine of the marine ecosystem, the diversity of marine and estuarine habitats, and tecosystem, the diversity of marine and estuarine habitats, and the he overall health of the marine environment; andoverall health of the marine environment; and

4. 4. seek the conservation of ocean resourcesseek the conservation of ocean resources within the larger marine within the larger marine region that is of region that is of ecologic and economic interestecologic and economic interest to the State of Oregon. to the State of Oregon.

Goal 19 Ocean ResourcesGoal 19 Ocean ResourcesTo To conserve marine resources and ecological functionsconserve marine resources and ecological functionsfor the purpose of providing for the purpose of providing longlong--term ecological, term ecological, economic, and social value and benefitseconomic, and social value and benefits to future to future generations.generations.

To carry out this goal, all actions by local, state, and To carry out this goal, all actions by local, state, and federal agencies that are likely to affect the ocean federal agencies that are likely to affect the ocean resources and uses of Oregonresources and uses of Oregon’’s territorial sea shall be s territorial sea shall be developed and conducted to conserve marine resources developed and conducted to conserve marine resources and ecological functions for the purpose of providing and ecological functions for the purpose of providing longlong--term ecological, economic, and social values and term ecological, economic, and social values and benefits and benefits and to give higher priority to the protection of to give higher priority to the protection of renewable marine resourcesrenewable marine resources----i.e., living marine i.e., living marine organismsorganisms----than to the development of nonthan to the development of non--renewable renewable ocean resources.ocean resources.

Priority protection of living marine organisms for longPriority protection of living marine organisms for long--term term ecological, economic, and social values and benefitsecological, economic, and social values and benefits

Food Chain = Copepod

Renewable Ocean Resource

Higher Priority

Food Production = Economic Benefit

Ecosystem Stability

Navigation

Recreation

Aesthetic Enjoyment

Priorities reflect PreferencesPriorities reflect Preferences

ORS 197 ORS 196Statewide Land Use Planning Ocean Resources

Coordination Management

Coastal Goals--Estuaries--Coast Shorelands--Beaches & Dunes--Ocean Resources

Ocean Policy Advisory Council

Territorial Sea Plan

State Agency Programsand Authorities--Fill/Removal--Beach permits--Fish/Wildlife effects, etc

Time Out – Process Check

Goal 19 + TSP + Agency Review =Goal 19 + TSP + Agency Review =

Implementation Issues*Implementation Issues*

Distributed rather than CoordinatedDistributed rather than Coordinated

Parallel ProcessesParallel Processes

Different Criteria and StandardsDifferent Criteria and Standards

Individual and variable timelinesIndividual and variable timelines

Separate Appeal OpportunitiesSeparate Appeal Opportunities

Agencies lack technical expertise & staffAgencies lack technical expertise & staff

DUDE! YouDUDE! You’’re Freaking Me Out!re Freaking Me Out!

Chill Out Chill Out –– We can do with thisWe can do with this

We have before We have before –– re: Submarine Cablesre: Submarine Cables

ItIt’’s a work in progresss a work in progress

There is a process is in placeThere is a process is in place

ORS 196 ORS 196 –– Ocean Resources ManagementOcean Resources Management

(2) (2) EncourageEncourage ocean resources ocean resources developmentdevelopment which iswhich is environmentally environmentally sound andsound and economically beneficial economically beneficial to to adjacent local governments and to the adjacent local governments and to the state;state;

(5) (5) Encourage research and development Encourage research and development of new, innovative marine technologiesof new, innovative marine technologies to to study and utilize ocean resources; study and utilize ocean resources;

Submarine Telecommunication Cable

Accomodating New Ocean Uses

Basic Working AssumptionsBasic Working AssumptionsSiting will determine effectsSiting will determine effectsSome effects may be roughly predictedSome effects may be roughly predictedEffects will be time and location specificEffects will be time and location specificMany effects may be technology specificMany effects may be technology specificSpecies responses are complex and unique Species responses are complex and unique Major information gaps need to be filledMajor information gaps need to be filledSome forms of mitigation may be effectiveSome forms of mitigation may be effectiveCumulative effects are difficult to predictCumulative effects are difficult to predictUser conflicts likely to limit developmentUser conflicts likely to limit developmentComplicated by other management processes Complicated by other management processes

OPT

Cables

DMD

Southern Oregon Ocean Resource Coalition

DRAFT PLAN

AMEND

DLCD Rule Making Advisory Committee

OCMP SubmitsTSP Planto NOAA

LCDC AdoptsTSP PlanAmendment

Resource Mapping and

Spatial Analysis

Local Advisory Groups & State Agencies

OPAC and TSP Workgroup

Sea Grant and OCZMA Outreach

Local Advisory Groups

PublicReviewLCDC

Hearing

StateSubmitsTSP Planto FERC

12/08 6/09 12/09 6/10

EXO DeadLine

OPT

Test Bouys

DMD

To Be Continued…