Oregon`s Ocean Plan Gets Tested—It Works!

Oregon Coastal Zone Management Association
P.O. Box 1033 • 313 SW 2nd • Suite C • Newport, Oregon 97365 • 541-265-8918/265-6651 • Fax 541-265-5241 • www.oczma.org
June 4, 2010
MEMO TO:
OCZMA MEMBERS
FROM:
ONNO HUSING, DIRECTOR, OCZMA
!
RE:
JUNE 2010 DIRECTOR’S REPORT
_____________________________________________________________________________
Oregon’s Ocean Plan Gets Tested—It Works!
On February 3, 2010, Ocean Power Technologies (OPT) e-mailed many of us a notice of OPT’s
Final FERC (Federal Energy Regulatory Commission) license application for their Reedsport
wave energy project (for ten buoys).
That same day, Nick Furman (photo to left), the Director of
the Oregon Dungeness Crab Commission (ODCC), and
Chair of SOORC, (Southern Oregon Ocean Resource
Coalition), sent an e-mail response to OPT (and everyone
else) expressing concern about “Phase 3” embedded within
OPT’s license application—a potential 100 buoy (50 MW)
build-out adjacent to the ten buoy deployment off
Reedsport.
Here’s what happened next.
First, though, recall, in late 2007, the State of Oregon
decided it would do an ocean plan for the siting of wave
energy. In March 2008, the State of Oregon formalized a
groundbreaking MOU (memorandum of understanding)
with FERC. In addition, Governor Ted Kulongoski issued
Executive Order 08-07 (which further solidified ocean
planning). Based on those understandings, many people
signed off on OPT’s 10-buoy pilot/ demonstration project
off Reedsport (30 acres in size). That groundbreaking
project was, in effect, grandfathered in even though it
would be located within important fishing grounds.
However, the deal was, future commercial-scale wave
energy sites in Oregon’s Territorial Sea would be sited through a comprehensive marine spatial
planning (MSP) process.
Under OPT’s license application, the demonstration project off Reedsport consists of “Phase 1”
(one buoy originally scheduled to be deployed in the Fall of 2010) and “Phase 2” (nine more
buoys deployed in 2011). That was expected. The reference to a future “Phase 3” a 100-buoy
project in that same footprint was not expected. Nick Furman became concerned because
Phase 3, like Phase 1 & Phase 2, would be sited in the heart of some of the best crab grounds.
The fishing ground map developed by SOORC (working with Ecotrust and OCZMA)
documented the conflicts at that site. When they learned about Phase 3, members of SOORC
began to ask, “What is it about the SOORC map OPT doesn’t understand?”
So, suddenly, and quite unexpectedly, ocean planning in Oregon faced a moment of truth.
Would the State of Oregon stand by the ocean planning process and the fishing ground maps?
OPT dispatched several senior executives to Oregon. Before that, OPT’s George Wolff called
me from New Jersey. I appreciated his call. I was candid. I explained my belief that keeping
alive the option of doing Phase 3 in those same waters off Reedsport, given the well-documented
conflicts with the crab fishery (shown on the SOORC map), would trigger a crisis in confidence
in the ocean planning process.
During OPT’s subsequent meetings in Oregon in February 2010, OPT representatives
underscored they understood Phase 3 would be subject to the ocean planning process. But, at the
same time, OPT still wanted to keep Phase 3 in play at that same location off Reedsport. That
message was not well received at the local level.
Keep in mind, though, in February 2010, the
SOORC fishing grounds map had only been
public for a month. I believe OPT, at the time,
may not have understood the implications of the
SOORC map and how it relates to Goal 19 (the
Ocean Goal under Oregon’s land use planning
program). Indeed, very few people in Oregon
understand Goal 19 and Oregon’s Territorial Sea
Plan (TSP) Amendment process.
Here’s what I believe may have clarified the
discussions over OPT’s FERC license
application (again, the references to Phase 3).
Because Part 5 of the Oregon Territorial Sea
Plan (TSP) was adopted by the Land
Conservation & Development Commission
(LCDC) in November 2009, and, because
DLCD is in receipt of the SOORC map, the
SOORC map is binding on the Land
Conservation & Development Commission
(LCDC) and state agencies with permitting
responsibilities in Oregon’s Territorial Sea.
That’s important. That means, factually,
because of the documented impacts on fisheries
at that Reedsport site, if OPT presses, at a later
time, to do Phase 3 at that location, it would
probably trigger a finding by DLCD that
Phase 3 does not comply with the Implementation Requirements of Goal 19. DLCD respectfully
advised OPT to work with the fishing industry (SOORC in this case) to find alternative locations
for Phase 3.
By making these circumstances clear to OPT and others, DLCD staff, on behalf of the State of
Oregon, stood behind ocean planning and Goal 19. On March 11, 2010, Governor Kulongoski
sent letters (see attached letter to Nick Furman, Oregon Dungeness Crab Commission attached to
this Director’s Report) to the Directors of the Oregon seafood commodity commissions
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confirming his commitment to marine spatial planning (MSP) and “responsible wave energy.”
In light of these events the fishing grounds mapping project gathered even more momentum.
Today, OPT is working with SOORC to find an alternative place for a future Phase 3—a place
that can attract community support and comply with Goal 19. The ocean planning process in
Oregon, a work in progress, is working. As a result, the State of Oregon remains at the forefront
of responsible wave energy development and marine spatial planning (MSP) in North America.
Fishing Grounds Mapping Project in High Gear
I’m pleased to report the majority of the
fishing grounds on the Oregon Coast have now
been mapped for the Territorial Sea Plan
(TSP) amendment process. In addition to the
fishermen who participated in the SOORC
process (from Bandon to Winchester Bay),
folks in Brookings and Gold Beach and
Florence and Depoe Bay “put their pennies
down.” They did that to gain Goal 19
protection of their fishing grounds. And,
fishermen in Port Orford re-mapped their
grounds using the latest Ecotrust methodology
(to make it consistent with the methods used to
do the SOORC map).
Recreational fishermen (charterboat skippers and other key recreational fishermen) in Newport
have participated, and, interviews with the commercial fleet in Newport are well underway. Bob
Eder, a member of the Oregon Wave Energy Trust (OWET) and the Vice-Chair of FINE
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(Fishermen Involved in Natural Energy—the Newport-based local ocean resource planning
group) played a big role in the process in Newport. Walter Chuck, a Newport-based recreational
fisherman and member of FINE, spearheaded the interview process with recreational fishermen
in Newport.
Fishermen in Newport, working with Oregon Sea
Grant, have created a separate entity—outside of
FINE—to review fishing grounds map products. They
did that because FINE was established by ordinance
by the Lincoln County Commissioners. As a result,
confidential map products, if reviewed during a FINE
meeting, are subject to Oregon Open Record Law
requests. That same issue applies to FACT
(Fishermen Advisory Committee of Tillamook created
by Tillamook County) and NSAT (Nearshore Action
Team created by the City of Depoe Bay). That was
never an issue for SOORC because SOORC was not
established by a local government. And, the other
areas of the Oregon Coast that participated in mapping
didn’t do it through a committee formed by a local
government.
Bob Eder
The mapping process in Depoe Bay, the review of
draft aggregate maps, was carried out by a separate
informal group of Depoe Bay fishermen. They made
sure, though, a quorum of NSAT members were not
present when they examined draft aggregate fishing grounds map products with Ecotrust staff.
I traveled to Astoria on April 30, 2010 to attend the Oregon Dungeness Crab Commission (photo
below) meeting to discuss fishing grounds mapping. John Corbin, an Astoria/Warrenton-based
crabber on the Commission is spearheading an
effort to approach the crab fleet in Clatsop County.
Dale Beasley, a well-known crab fishermen from
across the Columbia River will also be involved.
Dale Beasley just helped get state legislation passed
in Olympia to get MSP going in Washington State.
They’ve followed Oregon’s lead and now have
something like Goal 19 in statute.
So, after the interview process in Newport is
completed, we will turn to the North Coast to finish
the job. After Newport, the only ports/fleets in
Oregon left to document are: Astoria/Warrenton,
Garibaldi, and the Dory Fleet in Pacific City.
Again, if people just can’t bring themselves to participate, they don’t have to.
Then, after the overlays are all produced and assembled, then the real hard work of ocean
planning begins. By late 2010 and/or early 2011, expect a major effort to engage the Oregon
Coast on MSP.
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Another Wave Energy Company Knocks on Oregon’s Door
Oysters anyone? A Scottish company, Aquamarine
Power, Inc., with an office in Texas, has arrived in
Oregon. Aquamarine wants to deploy their wave energy
device called “The Oyster.” They gave their device that
name because it is a huge hinge that moves up and down
in the waves just outside the breakers. The top of the
device is visible above the surface. As the hinge moves
up and down, it forces pressurized water through a
buried pipe to a turbine facility onshore, which, in turn,
makes electricity.
The five-story high device exists. Aquamarine has one
of these devices in the sea off Scotland (photo at left).
Not long ago we learned Aquamarine persuaded
members of Oregon’s Congressional Delegation to
submit a $3 million earmark request to fund an Oregon
pilot project with their device. And, Aquamarine has an
MOU with Central Lincoln PUD concerning a Power
Purchase Agreement (PPA). They are also talking with Tillamook PUD.
Head-up local government officials. Because the Oyster produces electricity onshore rather than
offshore, I understand Aquamarine will need to ask local governments (cities or counties) to
change their comprehensive land use plans to re-zone select properties for energy development
(near substations probably).
Front Cover-Updated Coastal Telecommunications Strategy
OCZMA to Release Updated Coastal Telecommunications Strategy
Many of you know OCZMA released, in 2005, an
award winning economic development strategy for
the Oregon Coast. Since then, we’ve made
substantial progress (with funding from the U.S.
Department of Agriculture—USDA and the
Economic Development Administration— EDA)
implementing and refining the Coastal
Telecommunications Strategy.
In January 2010 OCZMA released a newsletter
Solving Oregon’s Digital Divide: A Coastal
Perspective and in April 2010 we released, Oregon
Public Broadcasting (OPB) Shoves Lifestyle
Entrepreneur Campaign Under a Microscope.
Taken together, the two newsletters (available at our
web site) provide an understanding of what OCZMA
has accomplished and what we hope to accomplish.
This is about accelerating the deployment of
broadband and promoting its adoption among coastal
residents not taking advantage of broadband.
This is a serious transformational project. These
kinds of initiatives take time and patience to develop, but, the end results can be amazing. This
is the path to a year round economy.
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We are getting set to release the updated version of the Coastal Telecommunications Strategy.
That means we will be ready, at last, to launch the Lifestyle Entrepreneur Branding Campaign.
This has incredible potential. Expect to hear more soon. We should have hard copies (review
copies to generate feedback) available at OCZMA’s meeting in Astoria.
Re-Visiting Oregon Life-Line Transportation Line Routes with New Data
LIDAR Map courtesy of DOGAMI
OCZMA is preparing a report to the Oregon Transportation Commission (OTC) on coastal
transportation issues. Working with ODOT (Oregon
Department of Transportation) staff, we agreed to focus
on how to take LIDAR data (aerial topographic images)
and rapidly apply them to the coast’s transportation
system. As we saw at the Brookings January 2010
OCZMA meeting, LIDAR data is incredibly revealing.
Potential landslides, many undetected, jump right out.
This is a follow-up to ODOT’s groundbreaking work on
seismic risks and the bridges. We have, I believe,
accelerated the discussions between DOGAMI and
ODOT about how to get this LIDAR data in play
(coupled with other data sets). Once these new insights
are ready to share, we will need to re-boot disaster
planning efforts (life line routes, etc.). The discussions
between DOGAMI (Department of Geology & Mineral
Industries) and ODOT help us understand how much it
will cost to fund a coordinated effort and identify
funding sources. Given the State of Oregon’s tough
budget situation, it will probably take some federal
funding to get this important work done.
We have an opportunity to make the State of Oregon a
pilot project for the nation. That’s because Oregon made
timely investments in LIDAR. Doing this work to cover entire transportation corridors with a
skilled well-funded multidisciplinary team, rather than piecemeal efforts, makes sense on many
levels.
Appeals of NOAA Home-Porting Decision
Run Their Course
I can’t believe how often people ask me about
what’s going on with the NOAA (National
Oceanic & Atmospheric Administration) homeporting project in Newport. Well, at long last, the
appeals of NOAA’s decision coming out of
Washington State are over. It’s a done deal.
For NOAA, this was never a tough decision. The
Port of Newport’s proposal (the facilities that
would be built for NOAA and the lease rates
NOAA would pay) was off the charts better than
proposals coming out of Washington.
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NOAA Groundbreaking (June 3, 2010, Newport)
I expect, though, many NOAA folks will try to commute from Seattle to Newport. With Seaport
Airlines’ commercial air service out of Newport (it looks like direct flights to Boeing field from
Newport are in the works), for some of those people, commuting will be doable.
Jay Rasmussen Retires From Oregon State Sea Grant
Jay Rasmussen, the Associate Director and
Program Leader of Oregon Sea Grant, was
roasted at a retirement dinner in Newport on
May 22, 2010. Many of you know Jay
Rasmussen was Director of OCZMA for
many years before moving over to Oregon
Sea Grant.
It was a fun evening. In addition to Jay’s
daughter and son, it was great to see former
Representative Paul Hanneman (who also
served as Tillamook County Commissioner)
in attendance. The friendship between Paul
and Jay paid big dividends for the Oregon
Coast.
Believe me, we have not seen the last of Jay (that is way good). Bets anyone on Jay actually
fully retiring anytime soon?
Fish Film Update—Any Day Now
Coming to a theatre near you, yes, in your lifetime, is Oregon’s Ocean Fisheries: A
Conservation Story. Pacific Media Productions (PMP) is busily doing final production of the
hour-long documentary.
Recently, I received warm feedback from several marine educators who’ve read the script. They
are eager to work with us to get the documentary into
Bill Hall
middle schools, high schools, and colleges. Bill Hastie
(who Chairs the Northwest Association of Marine
Educators [NAME]) proposes we break down the
documentary into shorter segments, with lesson plans
attached to those individual segments, adapted for
classroom use. I love his idea. The educational
materials would be peer reviewed and meet the State
of Oregon’s educational curriculum guidelines. We’d
pull together a Steering Committee of skilled
educators and marine scientists to oversee this work.
And, not long ago, an article appeared in the local
paper, Newport News-Times about OCZMA’s film. David Ogden Stiers, the famous actor who
has a home near Seal Rock, called me after reading the article about the film. Most of you know
David from his unforgettable role as Major Charles Emerson Winchester III from the M*A*S*H
TV series. David is also one of the world’s most respected narrators. His credits include NOVA,
The American Experience, etc. Because David is enthused about the documentary, he
volunteered his services.
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The narration for the film, though, has been done by Lincoln County Commissioner Bill Hall.
Bill has a wonderful voice (he had a career in radio before becoming Lincoln County
Commissioner) and Bill did a super job with the narration. See photo of Bill on previous page in
the studio laying down the narration.
I still, though, want to take David Ogden Stiers up on his exceedingly gracious offer. I see
numerous opportunities to employ his prodigious talents. At the very least, we could ask David
to record public service announcements about the community showings of the film, and, do
additional narration leveraging the follow up educational opportunities.
Nearshore Research Task Force (NRTF)
December 2009 Nearshore Research Task Force
Meeting (Representative Arnie Roblan standing)
trusted clearinghouse for “outside money.”
Last legislative session (2009),
Representative Arnie Roblan
sponsored a bill to establish the
Nearshore Research Task Force
(NRTF). I serve on the NRTF.
Representative Roblan asked the
NRTF to frame some options for a
mechanism so Oregon can establish
a forum or council or some other
kind of entity to attract research
dollars and coordinate research to
enhance our knowledge of
Nearshore marine ecosystems.
Plus, given the angst about
foundation dollars entering Oregon,
Representative Roblan hopes that
the NRTF can provide
recommendations to the Oregon
Legislature about how to create a
The NRTF is getting down to crunch time. Here’s where I sense things are going. I believe
there’s consensus that some kind of Oregon Ocean/Nearshore Research Trust should be formed
that can serve as a conduit for dollars. Several other states have done this and it has been
successful.
For me, though, I believe the NRTF needs to think big. We should recommend to the Oregon
Legislature that Oregon needs, as soon as possible, a Nearshore Research Plan. That plan could
be developed in 2011. And, again, think big. We should ask—what research activities should
we do, coastwide, to learn a lot more about the ecological connections of habitats along the
Oregon Coast and the east-to-west connections to the offshore?
ODFW (Oregon Department of Fish & Wildlife) prepared a Nearshore Plan a few years ago.
But, it focused on fish species. We need a more holistic multidisciplinary look at the
connections of the nearshore environment. What would we do with $5 million? What about $10
million or $50 million? What can we accomplish in five years? How about ten years? How can
we expand the research plan north and south and coordinate with California and Washington
states through the West Coast Governor’s Agreement on Ocean Health?
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At a NRTF meeting in Charleston, we had a key person from California on the speakerphone
involved with California’s Ocean Trust. I asked her, “Did you think about doing a research plan
for California’s nearshore?” She replied, “Interesting that you asked that. Well, we thought
about doing that. But, that’s a big job.” So, today, in California, they kind of just fund projects
as they come up, rather than try to implement an overall vision or program to better understand
the marine environment. That’s not to say we slavishly adhere to a research plan and don’t stay
open to new ideas or projects that come along.
There I go planning again. But, I think we need some sizzle with the steak. Get people excited.
During the first NRTF meeting I quipped, “Build it (a plan) and they will fund.” I stand by that
comment.
Gulf of Mexico Oil Spill Disaster Sparks Exxon Valdez Memories
Today’s Oregon Coastal Caucus reminds me of the Coastal Caucus during the 1989 Legislative
Session —bipartisan, united, motivated, and influential. During the 1989 Oregon Legislative
Session, I served as the OCZMA-Sea Grant Legislative Fellow. I was right out of law school.
In the spring of 1989 a supertanker, the Exxon Valdez, ran aground in Prince William Sound,
spewing its contents.
Like the rest of the country, I watched in horror and anger at the hapless cleanup. In an earlier
life, I was a Sea Grant Fellow on Capitol Hill during 1981-1982. Today, they call that program
the Knauss Fellow Program. That was a remarkable experience. I got to see, first hand, the
strong ties between the oil industry and Congressmen from the “oil patch” because the House
Merchant Marine & Fisheries Committee (HMMC) where I worked as a staffer had jurisdiction
over offshore oil and gas development.
So, when 1989 rolled around and I was working in Salem, I knew something about offshore oil
and gas. One morning in 1989 my father called me from back east. He told me he knew the
U.S. representatives from a major dredging firm in the Netherlands—IHC. He had learned that
in Europe, they already had a system in place to respond to supertanker accidents. They had a
network of specially designed dredges (built by IHC) in place. Most of the time, the vessel was a
dredge, but, at a moment’s notice, the ship could be converted into an oil spill recovery vessel. It
was ingenious. Meanwhile, back in America, the oil companies and the media were telling us
the Exxon Valdez spill was unprecedented and no one anywhere had the ability to react to such
unprecedented circumstances.
Because I worked for the Coastal Caucus, I shared what I learned from my Father. It seemed
hard, at first, to believe it. A short while later, after more fact checking/documentation, the
Coastal Caucus eagerly sponsored a Joint Memorial to Congress. The Joint Memorial urged
Congress to establish five oil spill recovery centers (two on the West Coast, two on the East
Coast, and one in the Gulf) with vessels and crews that could be dispatched at a moments notice.
I got that blueprint for action from IHC. And, because I understood the “ocean community”
back in Washington D.C., I knew precisely where to send the Joint Memorial.
Well, what happened next is reserved for my memoirs.
But, here’s the punch line. Within two months or so the oil industry announced, to the world, on
the front page of the New York Times, that, by golly, they were forming the Marine Spill
Response Corporation (MSRC). They were going to “get out in front” of this kind of situation
and show world leadership. The plan—five oil spill recovery centers, with dedicated oil spill
recovery vessels.
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Oregon Responder
Today, at the Port of Astoria,
parked at the dock, you can
see a gleaming blue vessel, the
Oregon Responder, waiting
for the next act of God to
happen. When I’m in Astoria,
when I glance at that ship, I
always think of my Dad.
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