1. Fostering Emerging West Coast Regional Marine Initiatives William Stelle, Jr will.stelle@klgates.com Ocean Law Seminar Seattle, Washington May 23, 2008

2. Our Challenge  Let Us Think Prospectively About Tomorrow  Our objective is to enable better decisions on how to best manage marine resources for present and future generations, focusing on the west coast region  We have money, access to public and private authorities but no special powers  Tomorrow is a new day. On what and whom should we spend our money, and why?

3. Working Assumptions  The present characteristics are a given  No new significant Federal or state dollars  Increasing challenges on the living marine resource fronts  Enormous issues of climate change (changes in temperature, circulation, food web, hydrological cycles, etc. etc.)  Marine and estuarine fishery collapses  Expanding human populations and ever weak connections of land-sea interface  Significant scientific ignorance and shrinking science and monitoring budgets

4. Working Assumptions, cont  Weakened public agencies and budgets  Jurisdictional spaghetti at multiple scales  Increasing public awareness of coastal issues and risks  Increasingly restive publics wanting “action” without too many inconveniences  New opportunities for federal energies and initiatives  Blossoming regional and local initiatives

5. Significant Regional Activities Underway  The West Coast Governors Agreement on Ocean Health  Map and Adapt to Climate change  Promote clean beaches and coastal waters  Protect healthy habitats by mapping and identifying important areas  Implement ecosystem based management  Reduce adverse impacts of offshore energy  Promote ocean literacy  Expand marine science and monitoring  Support sustainable coastal communities  Action Plan Due in Summer, 2008  Contains an excellent and comprehensive (albeit modest) menu of activities

6. Regional Activities, cont  California Initiatives (deep)  Implementation of the Marine Life Protection Act  Establishes the Ocean Protection Council  Calls for Designation of a Network of MPAs in five coastal regions  29 MPAs for the Central Coast in 07  3 MPAs for the North Central Coast Pending Approval  Expected approvals for the other 3 regions by the end of 2011  Public/Private funding in a partnership of the Resources Agency, Cal. Fish and Game and the Resources Legacy Fund  Activities of the Ocean Protection Council  Strategic priorities of governance; research; water quality; physical processes and habitats; ecosystems; and education  $30 million in grants through for 07/08

7. Regional Initiatives, cont  Oregon  Oregon Ocean Advisory Council  Gubernatorial Solicitation of MPAs and Sanctuary Proposals in 2005  Reconvened in 2007 with a scaled back emphasis on 10 MPAs  Recommendations Expected at end of 2008  Oregon Coastal Caucus (Legislative)  Mapping Oregon habitats  Other

8. Regional Initiatives, cont  Washington  Puget Sound Partnership  Major Focus of the Washington Marine Agenda  Integrated Environmental Assessment for the Sound, lead by NOAA Fisheries Science Center  Development of Action Plan by 12/08  5 year Implementation Plan  The Outer Coast  Continued Implementation of the Straits Commission  Continued Implementation of Selected MRCs  San Juan County Marine Stewardship Area  Pending Port Susan MSA designation  Outer Coast National Marine Sanctuary Plan Amendments  Scoping in 08, final by 2010  Washington Marine Protected Areas Workgroup  Recommendations on MPA areas to Legislature by 12/09

9. Significant Regional Initiatives, Private Sector  New Liquid Natural Gas Facilities off the Oregon Coast (two pending)  Marine Renewable Energy Developments  Tidal Power  Wave Energy  Wind Energy  Expanding marine and estuarine aquaculture  Other?

10. Major Regional Marine Challenges  Zoning of Marine Spaces: why, for what, for whom and on what basis?  Marine protected areas  Dedicated marine energy siting  Aquaculture  Improving the effectiveness of the land-sea connections as populations grow  Planning for climate changes in coastal development and redevelopment  Invasive species controls

11. Regional Challenges, Cont  Science and Technical  Projecting the ubiquitous effects of climate change and sea-level rise  Expanded monitoring capabilities  Expanded near-shore mapping coast-wide  Enhancing analytical tools for cumulative effects (or ecosystem- based analyses)  IEAs at multiple scales (from the California Current to sub-Puget Sound scales)  EBM-based analyses across different scales  Expanded System of Pilot Projects beyond Murrow Bay, Elkhorn Slough, Port Orford, the San Juans, etc

12. Regional Challenges, Cont  Building the Shrinking Institutional Infrastructure  Analytical Capacities  People and Programmatic Capacities  Financial Capacities

13. Meeting the Challenge  Expand location based-strategies to improve experimentation on complex marine resource management (call it EBM or whatever.... )  Puget Sound  Washington MRCs  Prospective MPAs coast-wide  Existing “special use” areas coast-wide (Sanctuaries; Parks; Refuges)  Utilize NEPA (and state analogs) to compel improved analyses of effects and tradeoffs on major infrastructure proposals  Build analytical toolbox for quantifying trade-offs  Scaled IEA initiatives from the California Coastal Current down...  Support expanded coastal mapping efforts for multiple downstream benefits  Explore public-private joint ventures to address public capacity issues  Explore new revenue streams and financing strategies  Other ideas?