Wind Energy off Morro Bay Faces Fisher Lawsuit and Marine Sanctuary Issues

Three new wind farms in the waters north of Santa Barbara County have run into a few obstacles in their attempts to bring offshore wind to the Central Coast. On top of discussions with government agencies and the Northern Chumash tribe, the three developers face a lawsuit from two San Luis Obispo fisheries claiming that “best practices” are not being used in the process of approving and building off the coast of Morro Bay.

The lawsuit was filed by the Morro Bay Commercial Fishermen’s Organization (MBCFO) and the Port San Luis Commercial Fishermen’s Association, who claim that the equipment used to survey underwater land for offshore wind development could be harmful, and possibly deadly, to sea animals in the area. They added that this would infringe on the fishermen’s right to fish and be detrimental to the commercial fishing industry in all of California.

“Our rights as fishermen can’t be hindered in any way,” said President of Morro Bay Commercial Fishermen’s Organization and plaintiff Tom Hafer. “They are not following the law.”

The defendants in question are the three wind developers –– Atlas Wind, Golden State Wind, and Even Keel Wind –– the California Coastal Commission, California Lands Commission, and survey company CSA Ocean Sciences.

Hafer said that the main goal of the suit, announced on February 29, is for increased independent monitoring of the wind farm’s effects on sea life. The plaintiffs want to block permits to the developers until the actual extent of the effects are known.

Attempts to reach the plaintiff’s lawyer, William Walter, were unsuccessful.

At the same time, the wind developers have also run into red tape concerning the path the underground cables from the wind farms will take to the shore. The Northern Chumash tribe is currently in negotiations with the National Oceanic and Atmospheric Administration (NOAA) over the proposed bounds of a new Chumash Heritage National Marine Sanctuary –– which may or may not include an area that the developers want to run cables through.

[Click to enlarge] The open chunk between the Monterey Bay and the proposed Chumash marine sanctuary can be seen at the map on the left, a space where offshore wind cables could go ashore. At right is the full proposed marine sanctuary. | Credit: Courtesy

The corridor is a thin stretch of the Pacific that runs directly west of Morro Bay and is also the northernmost chunk of the proposed marine sanctuary. The Northern Chumash Tribal Council has expressed support for wind farms in this area and offered to exclude the northern corridor to make room for the cables.

However, Congressmember Salud Carbajal is urging federal officials to include the corridor in the sanctuary, but to do so with the understanding that cables will eventually need to run through the area.

Under current regulations, these types of transmission cables are not allowed in National Marine Sanctuaries. However, the wind developers won leases for marine land before the marine sanctuary was in the picture. Due to this timeline, Carbajal is pushing for these cables to essentially be “grandfathered in,” while still being within sanctuary bounds.

This cable-shaped roadblock, while inconvenient, does not appear to be insurmountable. Both the wind developers and the Northern Chumash tribe are content with the cables running through a portion of the sanctuary. On Tuesday, the tribe and the developers announced their joint support for the inclusion of the northernmost corridor in the Chumash Heritage National Marine Sanctuary, solidifying their collaboration in the development of offshore wind.

Additionally, the parties echoed Congressmember Salud Carbajal’s previous calls for the National Oceanic and Atmospheric Administration (NOAA) to clarify the regulations surrounding running underground cables through a marine sanctuary.

A new option for the cable dilemma was also proposed, which would create the boundaries for the marine sanctuary in two separate phases. At first, the northern corridor would not be included in the sanctuary, allowing the cables to be laid with no sanctuary-specific regulatory troubles. After the cable process is complete, the sanctuary would then expand to include the corridor and border the Monterey Bay National Marine Sanctuary.

“This unity should be a reminder to all that protecting our environment and meeting our renewable energy goals is not a zero-sum equation,” said Carbajal.

NOAA participants have expressed doubts that the regulations in federal waters could be surpassed, partially due to questions surrounding the size of the cables. While discussions are still underway, sources say the two-phases proposal may be the only way to get NOAA on board with both off-shore wind development and the marine sanctuary existing together.

Attempts to contact NOAA and the Bureau of Ocean Energy Management for comment were unsuccessful.

As for the lawsuit, the discussions over the sanctuary boundaries haven’t slowed the process. A hearing is set to be held in San Luis Obispo Superior Court on April 24.