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he Oregon Department of Land Conservation and Development’s board of directors voted 6-1 to approve a plan by DLCD staff on Jan. 24 that will establish an approximately two square mile swath south of the mouth of the Nestucca River as a Renewable Energy Facility Suitability Study Area, the least restrictive of six designations — other than actually being labeled a Renewable Energy Permit Area — contained in a revision to Oregon’s Territorial Sea Plan. DLCD Commissioner Tim Josi voted in opposition. The decision to adopt the plan came despite the Ocean Policy Advisory Council’s recommendation to remove the Nestucca site from consideration. OPAC’s report was one of two agency appraisals DLCD considered in making their final recommendations — the Territorial Sea Plan Advisory Committee being the other. In the staff report released Jan. 14, DLCD recommended that the 2.1 square mile Nestucca site be one of four REFSSA sites, the others being an 11 square mile site at Camp Rilea, which is under the control of the military, a 5.2 square mile site at Reedsport, where Ocean Power Technology holds a Federal Energy Regulatory Commission preliminary permit for a 50 megawatt project, and a 4 square mile Reedsport Lakeside REFSSA. For those that are opposed to ocean energy development here — and there are many if outcry at public meetings are any indication — they may or may not be able to take solace in the final resolution depending on what issue lies at the core of their concerns. Throughout the public’s oppositions, the two issues with development of the Nestucca site were the loss of fishing grounds and “viewshed.” It was with the viewshed and fishing issues in mind that DLCD has modified the REFSSA site to avoid the mouth of the Nestucca estuary and to limit ocean energy technologies placed there to those that are sub-surface or have limited visual resource impact. Despite the accommodations, fishing advocates, citing the area’s value as important crabbing grounds, say that ocean energy development here could threaten the dory fleet. Amongst the stream of those speaking out during the public comment period of the Jan. 24 DLCD hearing was Doryman’s Association co-chair Paul Hanneman. “Approval of energy devices between Cascade Head and Cape Lookout will reduce the value of our fleet because it would deny access to our traditional fishing grounds,” he said. “It would create a negative impact on all other ocean vessels that fish the area, primarily from Depoe Bay, Garibaldi and Newport. How is it possible that the state is willing to accommodate quote certain (ocean energy) technologies at the expense of our fishery and the environment and run roughshod over public opinion in the process? We support the OPAC recommendation instead.” Following the Jan. 14 staff report, there were a slew of organizations that also condemned the decision to
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put the Nestucca site back in the fray after the OPAC determination that the site should not be considered. Amongst those writing letters in opposition were the Tillamook County Board of Commissioners, the Lincoln County Board of Commissioners, and the Oregon People’s Utility District Association. Though there was significant discussion amongst DLCD commissioners as to whether include the Nestucca site, the majority of commissioners were swayed by testimony of DLCD Marine Affairs Coordinator Paul Klarin, who said that the Nestucca site represented the only truly open REFSSA for the seafloor ocean energy technology being developed by M3 Wave Energy Systems of Corvallis. (The Camp Rilea site does have nearshore, flat-bottomed territory available, but because this site is controlled by the U.S.military, developers would have to entice the government to build there. The government is currently researching a variety of technologies to implement at that site.) M3’s Delos-Reyes Morrow Pressure Device operates by using underwater pressure changes caused by waves. The company says that their device avoids many of the issues present with surface-based systems and that submerged operation reduce the impact on commercial navigation, marine mammals, recreation, fisheries and degradation of the viewshed. Still, a device on the seafloor will have an impact — particularly for crabbers — hence Josi’s objection. “(My opposition to the Pacific City site) is not just for fishermen,” he said. (The dory fleet is) an icon for the community. If anything happens to that fleet it would have a ripple effect for the entire community of Pacific City.” In the approval, the only condition added to the staff report was one suggested by Jason Busch, executive director of Oregon Wave Energy Trust. The condition will allow the Reedsport Ocean Power Technologies site to revert to a Resources and Uses Management Area, which has stricter standards for ocean energy project approval, if OPT were to abandon the site. As part of this condition, upon OPT surrendering their FERC permit, a new REFSSA site will be identified between Port Orford and Florence. The addition of buffer language in the approved staff report was a second issue that many in the fishing industry took exception to. While OPAC had recommended specific buffer distances be established by the Oregon Department of Fish and Wildlife, DLCD staff added in a 1,000 foot buffer around sensitive ecological resources. The fishing industry’s concern was that that could further restrict navigation in the effected area. Klarin, however, said that wasn’t the case. He said the buffer would only apply to ocean energy projects and not to any fishing or recreation activities. “It simply creates a space that we will not allow renewable energy facility to operate. It says stand back a thousand feet from this particular location. It gives a very clear and certain distance. (Energy companies) clearly know they need to be a thousand feet away from this marine mammal haul out spot or this bird’s nest so they know where not to go. It will have no effect on fishing, navigation or any of that.”
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