Wind energy off Morro Bay faces fisher lawsuit and marine sanctuary issues

Commercial fishermen want effects on sea life to be monitored

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.

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. However, during discussions, NOAA participants expressed doubts that the regulations in federal waters could be surpassed, partially due to questions surrounding the size of the cables.

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

Discussions are still underway, but sources say the lawsuit hasn’t slowed the process down. A hearing is set to be held in San Luis Obispo Superior Court on April 24.