Anemone

December 2009 Newsletter

2009 will no doubt be remembered as the most consequential year yet for marine reserves in Oregon. We are cautiously optimistic and would like to convey to you that the process to site reserves continues to move ahead at a steady pace. This continuing evaluation and designation procedure was made possible through the Oregon Legislature's overwhelming bi-partisan approval of HB 3013. The new laws, combined with the Oregon Department of Fish and Wildlife (ODFW) work plan, describe a clear timeline and process for evaluating the Governor's Ocean Policy Advisory Council (OPAC) marine reserve sites. They provide the structure for the formation of the detailed ODFW work plan that includes a timeline to complete the evaluation of four potential marine reserve sites (as recommended by OPAC). All recommendations will be due by November of 2010.

In addition, the new marine reserve law (ORS 196.540) establishes two initial marine reserve projects at Otter Rock near Depoe Bay and Redfish Rocks near Port Orford. It specifies designation of those two sites and prescribes a process to evaluate proposed reserves in four other areas of the coast.

The statutes outline a procedure for the planning of Oregon's new marine reserves, including the development of balanced and diverse regional community groups that will assist with the shaping of potential marine reserve sites: Cape Falcon north of Manzanita, Cascade Head north of Lincoln City, Cape Perpetua south of Yachats and the Cape Arago-Seven Devils area, south of Coos Bay.

Heceta Head/Cape Perpetua - Photo by Ben Nieves

ODFW Workplan

The Oregon Department of Fish and Wildlife released a work plan for marine reserves in November of this year. The plan consists of two major sections; the first section outlines work to be conducted for the two pilot sites (Otter Rock and Redfish Rocks), and the second section outlines work for the four areas for further evaluation (Cape Falcon, Cascade Head, Cape Perpetua) including the deliberation of a marine reserve and/or marine protected area proposal (Cape Arago region). The plan covers biological, habitat, social and economic, and community outreach work that will occur during 2009-2011.

Marine Reserves Rule Making

House Bill 3013 provides that the State Land Board and other relevant state agencies "…shall, consistent with existing statutory authority, implement the November 29, 2008, recommendations from the Ocean Policy Advisory Council on marine reserves by: (1) Adopting rules to establish, study, monitor, evaluate and enforce a pilot marine reserve at Otter Rock and a pilot marine reserve and a marine protected area at Redfish Rocks…"

The State Agencies that have administrative rules related to the establishment of marine reserves have closed their public comment periods.

Agency Rule Making:

The three agencies required by this legislation to prepare administrative rules concerning the establishment and management of marine reserves and marine protected areas are the Oregon Department of State Lands (DSL), the Oregon Parks and Recreation Department (OPRD), and the Oregon Department of Fish and Wildlife (ODFW).

The comment period for Department of State Lands is now closed. They accepted comments until Nov. 17 and the state Land Board adopted the DSL rules at the Dec. 8 State Land Board meeting. The comment period for the Oregon Parks and Recreation Department is also closed. They accepted comments until Nov. 17 and their commission will adopt the OPRD rules at the Jan. 28, 2010 Oregon Parks and Recreation Commission meeting.

The Oregon Department of Fish and Wildlife's Commission discussed the rules pertaining to Oregon's premiere reserves at Otter Rock and Redfish Rocks on Dec. 11. ODFW accepted public comment at the meeting on the eleventh and then closed the public comment period. They voted to adopt the new rules. Monitoring and analysis of these initial reserve sites will begin in 2010. Final designation will commence in 2011.

Nearshore Task Force

Another significant new law (HB 3106) won legislative approval, creating a 14-member panel that includes 7 state agency heads and 7 citizens representing local government, public, and commercial interests. The purpose of the task force is to make recommendations to ensure the protection and utilization of Oregon's nearshore resources. Oregon State University (OSU) provides staff support from Coastal Oregon Marine Experiment Station. The law creates a Nearshore Resources Fund separate from the State General Fund. OSU may accept grants, donations, contributions or gifts for the Fund. The task force will recommend a long-term funding and coordination strategy to implement the nearshore priorities of the state including:

The Nearshore Task Force met on December 2 and 3 where they elected Stephen Brandt, Director of Sea Grant as Chair and Sybil Ackerman as Vice Chair. The DRAFT Task Force meeting dates are as follows. Locations are to be announced:

Jan 21-22
Feb 18
Mar 29
May 3
Jun 10-11
Jul 8
Jul 22-23 (tentative)

Community Team Formation

In November, ODFW received nominations for communities at Cape Falcon, Cascade Head, and Cape Perpetua which includes two representatives and two alternates from each of the following stakeholder groups: local government, recreational fishing industry, commercial fishing industry, nonfishing industry, recreationalists, conservation, coastal watershed councils, and relevant marine/avian scientists (HB 3013).

Community applications were evaluated based on the selection criteria (below) and were vetted through relevant stakeholder groups and the Coastal Caucus to construct teams that were geographically and representatively balanced and diverse.

Selection Criteria:

Those who are able to work with others respectfully and openly to discuss all options when developing a marine reserve recommendation
Those (or designated alternate) who can fully participate in and attend all meetings
Those who are reflective of and have support from their respective stakeholder groups
Those who can and will communicate with the stakeholder groups that they represent
Those who best represent the wide diversity of interests within their stakeholder groups
Those who have specific knowledge of the potential marine reserve site
Although not a requirement, preference will be given to applicants who live locally if other qualities are met

The purpose of these Community Teams is a balanced and diverse group of stakeholders who will use the "Oregon Way" of processing a complex natural resource topic – they will have a critical mass of the stakeholders at the table who will work for a recommendation that will more sustainably manage our state's largest natural resource, the Territorial Sea. Two representatives from eight stakeholder groups (16 representatives total) will discuss and evaluate the strong peer-reviewed science of marine reserves while balancing the two benchmarks laid out in the executive order. The bench marks indicate that sites under consideration for designation should be large enough to be scientifically meaningful yet small enough to avoid significant economic harm.

Read the full Executive Order 08-07 (PDF)

Community Team members have been selected and will be contacted in December to schedule the first community meetings in January. These names will be posted on the marine reserves website.

These teams will refine and make final recommendations for potential marine reserve sites at Cape Falcon, Cascade Head, and Cape Perpetua to ODFW. Team members will also work in collaboration with ODFW staff to assist with biological and social/economic assessments and to develop site specific marine reserve goals. There will be one Community Team per evaluation site. Each Team will be comprised of two representatives per stakeholder group. Alternates will be identified in case representatives cannot participate and they may be encouraged to play an active role in meeting discussions.

The marine reserves discussion is at a critical point in the process. Our Ocean believes that professional third party facilitation will be the cornerstone of a well-structured and transparent process that allows stakeholders the ability to build a dialogue around the sustainable management of Oregon's largest natural resource. We would like to thank ODFW for the work that they have done to create the three robust stakeholders groups. This agency shoulders a heavy burden to ensure that all parties are able to express their perspectives in a respectful and cordial manner. Our Ocean and its affiliated groups look forward to participating in the process.

Territorial Sea Plan

OPAC met in October to revise Chapter 5 of the Territorial Sea Plan (PDF).

We were generally pleased with the revision, especially that it calls for ecosystem integrity when ocean energy facilities are installed or decommissioned. This revision strengthens the importance of Oregon State Planning Goal 19 which prioritizes ecological health over and above the development of any other renewable siting.

Cape Falcon -Photo by Ben Nieves

For more information on the marine reserves process:

Sign up for the ODFW marine reserves listserve to ensure that you have the latest information.
Read HB 3013 (PDF)

OPAC Benchmark Documents:

For more information on the science of marine reserves:

For more information on the ocean-related public processes:

Marine Reserve key documents can be found at the state marine reserves website
Sign up for the state oceans listserve managed by the Department of Land Conservation and Development

Our Ocean is heartened to see the progress the state has made and looks forward to continuing our work with the state and all stakeholder groups. Our ability to make a difference is supported by you. Thank you for your continued support through this important and historic process.