The FISH Committee requested that FERC conduct a public notice-and-comment rulemaking, prepare a Programmatic Environmental Impact Statement, and comply with other federal laws such as the Clean Water Act and the Coastal Zone Management Act. The County of Mendocino, the City of Fort Bragg, the Recreational Fishing Alliance, and Lincoln County, Oregon joined the FISH Committee’s request for a rehearing of FERC's policies.  

"Hyrokinetic" energy projects include proposals for floating buoys in the ocean that convert the motion of the waves and tides into electricity, as well as submerged devices in rivers, bays and estuaries that convert tidal action into electricity using turbines.  

The FISH Committee believes that national regulations, developed through public participation, with environmental analysis, are required before FERC starts issuing licenses for hydrokinetic projects, including offshore experimental wave farms. FERC has repeatedly rejected this idea, preferring to “get this stuff in the water and find out what it has to offer.” (FERC Commissioner Phil Moeller, New York Times, December 8th, 2007.) Unlike FERC, its sister federal agency the Minerals Management Service is using a public process to develop regulations for ocean wave energy projects, and has completed a Programmatic Environmental Impact Statement.  

Two wave energy projects are currently proposed for the coast off Mendocino County, in one of the most productive marine areas on the West Coast. One proposal covers 68 square miles, and the second covers 17 square miles. Both would require significant exclusion zones in the last remaining fishing grounds off Mendocino County. More than 200 hydrokinetic projects have been proposed across the United States.  

"Naturally, fishermen are concerned whenever we hear proposals to close off big areas of the ocean to fishing, but we're just as concerned about the potential environmental impacts to marine species our fisheries depend on," said Jim Martin of the Recreational Fishing Alliance (RFA), a national grassroots political lobby for saltwater sportfishermen, and one of the founding members of FISH. "We hope FERC uses the extra time it has extended itself to carefully consider these issues and do the right thing."  

The FISH Committee includes the RFA, the North Coast Fishing Association, the Salmon Trollers Marketing Association, the Sea Vegetable Harvesters Coalition, Caito Fisheries, the Fishermen’s Marketing Association, the Salmon Restoration Association, the Sonoma County Abalone Network, and the California Sea Urchin Commission.  

Potential negative impacts on marine life from wave buoys include electromagnetic pollution and interference with migratory finfish, whale entanglements and altering the bottom structure of the seabeds. Turbine devices submerged in rivers, bays and estuaries could entrain juvenile fish.  

"We take this issue very seriously and, if necessary, intend to vigorously pursue our legal options," said John Innes, board member of the North Coast Fishing Association. "We are not opposed to renewable energy, we only want to make sure we know what the impacts will be to fish and other marine life before we sign off on these projects. Considering that wave energy is in its infancy, it is extremely important to have proper controls and regulations in place to prevent non-recoverable detrimental effects on our ocean environment."  

The FISH Committee is considering its options including filing a lawsuit against FERC. FISH is working with Robert Gulley, a former Senior Trial Attorney in the Wildlife and Marine Resources Section of the U.S. Department of Justice, in evaluating its options. Mr. Gulley previously represented the government in numerous fish and wildlife cases, including recent litigation over impacts on fish from the federal dams on the Columbia River.

Contact: 
Jim Martin, West Coast Regional Director, Recreational Fishing Alliance: 
(707) 357-3422  

Beth Mitchell, FERC Coordinator for Fishermen Interested in Safe Hydrokinetics (FISH): 
(707) 962-0617