Perry Marine & Construction workers lower the second of four turbines into place in ORPC's TidGen™ turbine generator unit (TGU) which will be installed at ORPC's Cobscook Bay project site in August. Photo courtesy of ORPC.

Ceaseless, predictable, powerful – the tide is all of these things. We may be adding “illuminating” to that list as our nation’s first grid-connected commercial tidal energy project gets underway off the coast of Maine and begins to light up homes sometime in August. As part of a renewable energy plan, tidal energy may hold great promise for a cleaner energy future. It’s a relatively simple process to convert the kinetic energy of tides into power for the grid (not much different from a wind turbine, really) – but the process of siting and building tidal energy farms in our coastal waters is much more complex.

Cobscook Bay off Eastport, Maine may be one of the most ideal spots in the US for tidal energy. It sits at the mouth of the Bay of Fundy – which has the most extreme tidal fluctuations in the world (an average of 24 feet). It also enjoys a high level of biodiversity – with an abundance of migratory shorebirds and waterfowl, as well as finfish, lobsters, scallops, and clams. Critically endangered North Atlantic right whales use the area. Tourism, fishing, and aquaculture are important parts of the economy here. There are many stakeholders involved in an area where so many depend on the ocean for their livelihoods as well as for tourism and recreation.

The Cobscook Bay Tidal Energy Project from the Ocean Renewable Power Company (ORPC) has been ramping up since 2006. The company is set to deploy its first turbine in mid-August, and hopes to add several more in the coming decade.

In general, the process to site and build a tidal energy project involves the input and coordination of several federal, state, and local government agencies working with numerous existing energy production and environmental laws, as well integrating input from citizen and environmental groups, the energy industry, fishermen, and other stakeholders. Maine recently streamlined the process for developing tidal energy projects, and is now the only state on the East Coast with a formal agreement with the Federal Energy Regulatory Commission (FERC) to ensure federal and state coordination in the regulation of this new industry. But the process is still quite involved.

Complicated, right? Well, if this small commercial project in Eastport and others like it are successful, tidal energy is likely to grow in our coastal waters, and along with it, the challenges of planning for it. Recent U.S. Department of Energy reports find that ocean current power resources could potentially provide up to 250 terawatt-hours of electricity per year nationally (our current demand is around 4,000 terawatt-hours of electricity per year). Given the likelihood that ocean energy production is going to grow rapidly and dramatically, we need a better way through the process of planning for new energy development while protecting our valuable ocean resources and traditional uses.

The development in Eastport, Maine might provide some useful lessons in how to approach a project like this at a community level, using the principles of Regional Ocean Planning.

Chris Gardner, Executive Director of the Eastport Port Authority, said ORPC began working with the Port Authority and with local stakeholders from the very beginning of the process in 2006. The Port Authority saw the project as potentially benefitting the community economically, but were “very watchful about how they did their business and if they did it the right way” said Gardner. Fishermen were especially concerned about the project – worried that structures or construction activity would interfere with fishing grounds. According to Gardner, the company took the approach that it was ORPC’s own “responsibility to prove their case.”

John Ferland, ORPC Vice President, talked to me about what the company did to garner community support and ease concerns about tidal energy. First and foremost, he emphasized the importance of communicating with local residents and getting them involved as much as possible. “We have had so many meetings over the last several years. For a while there were a couple of community style meetings a year, and all sorts of private interactions and group meetings in between – city council meetings, selectmen, lots of informal meetings” said Ferland. “The State of Maine Ocean Energy Task Force cited ORPC’s efforts as a model for other ocean energy developers to follow,” he added.

The Cobscook Bay Resource Center facilitated a series of stakeholder and community meetings, as well as provided detailed information about the project on their website. (There is a really interesting clip from the PBS “Sustainable Maine” video with interviews of many of the people involved in and potentially affected by the project, as well as footage of how the turbines will work.)

As a result of conversations with local fishermen, ORPC was able to site the project in an area that wouldn’t impede their fishing. As one fisherman said in the PBS video, “You gotta be careful of what goes where.” In Cobscook Bay, Ferland said, tidal energy is ideal in places that are not important to fishing due to the nature of the ocean bottom and the high currents.

In addition to meeting with stakeholders, ORPC has been working with the University of Maine School of Marine Sciences on fisheries concerns, and with the New England Aquarium to minimize future potential impacts on marine mammals. Whenever possible, said Ferland, they prefer to hire local citizens as employees, local subcontractors as service providers, and have trained local residents as certified marine mammal monitors as part of the NOAA NMFS-required data gathering effort.

Any major human activity in our oceans and coastal waters is going to involve making some decisions about the best place for certain uses. Regional Ocean Planning is the process of defining these uses and potential conflicts, and seeking the optimal path of sustainable development and resource protection. Using the principles of ecosystem-based management, gathering and sharing the best possible data about ocean uses and impacts, and making sure every stakeholder has a say in the process – that’s Regional Ocean Planning in a nutshell.

The phrase I heard over and over as I was researching tidal energy in the Gulf of Maine was, “It’s a good idea, as long as it’s done right.” Regional Ocean Planning can be used to help manage ocean uses the right way – by involving stakeholders at the very beginning of a project, and keeping them engaged throughout, by examining the social, economic, and environmental effects of the project, by filling the data gaps needed to make science-based decisions, and by making the process adaptive so that changes can be made as new information comes in.

The current project in Cobscook Bay might be the beginning of major tidal energy development in the Gulf of Maine. The process of planning and implementation will get more complicated as the scale gets bigger – there will be more stakeholders involved, more potential environmental impacts, and more activities in the water. It is important to have a process that works for everyone.

We all have a lot to gain from the full implementation of the National Ocean Policy. For more information about the need for Regional Ocean Planning check out these blogs about sea level rise, coastal pollution, and protecting endangered whales from ship strikes.

Jordan Basin (circled in red) is about 60 miles south of Bar Harbor in the Gulf of Maine

A Boston Globe article last week reported exciting information about North Atlantic right whales, the most endangered large whale in the North Atlantic and one of the planet’s rarest animals, with an estimated 440 individuals left in the total population. Historically, right whales were targeted by whalers because of various characteristics that made them commercially attractive and easy to kill, and today they face continuing threats from entanglement in fishing nets and collisions with ships. While there are many mysteries surrounding this ocean giant, in recent years, scientists discovered that many right whales spend early winter (November to January) in Jordan Basin, which is approximately 60 miles south of Bar Harbor in the Gulf of Maine and is one of New England’s special ocean places.

A breaching North Atlantic right whale

Scientists were able to conduct further observations of right whale behavior in Jordan Basin this past winter, and they saw indications that the whales were conducting mating rituals. Additional evidence, such as visually observing mating behavior and measuring hormone levels, is necessary in order to draw any definitive conclusions about the whales mating, but scientists sound optimistic that these recent discoveries are helping to fill in the blanks of what we don’t know about right whale behavior.

These discoveries carry additional importance because they can be used to create measures to protect the threatened right whale. Since whales are often harmed in net entanglements or ship strikes, knowledge of where they congregate allows the creation of well-tailored regulations that define shipping routes outside of right whale hotspots and reduce vessel speeds in seasonal right whale waters (this was discussed in a Boston Globe editorial that ran earlier this week). This is a key example of how marine spatial planning can help protect threatened ocean species, such as the North Atlantic right whale, and preserve our ocean legacy.

The following op-ed was written by CLF Maine Director Sean Mahoney and published on Saturday, December 18 in the Portsmouth Herald.

On Monday, Dec. 20, a committee of the New England Fishery Management Council will meet in Portsmouth to continue the effort to develop a new management plan for Atlantic herring.

Atlantic herring are not only valuable as bait for lobstermen, but are a key forage fish for bigger fish and marine mammals such as striped bass, cod, tuna, dolphins and whales. The work of the council’s Herring Committee is critically important not just for the sustainability of Atlantic herring but for the continued viability of these other fisheries and tourism-related industries such as whale watching.

The Atlantic herring fishery is currently dominated by midwater trawling vessels. These vessels are large (up to 150 feet) and often fish in pairs, where their small-mesh nets the size of a football field, can be stretched between two boats. These small-mesh nets are efficient killing machines. The problem is they are also indiscriminate killing machines — any fish or marine mammal that is ensnared by the small-mesh nets is unlikely to survive, even if they are thrown back into the water after the nets are hauled on deck. These dead fish — referred to as bycatch or discards — include not just the fish that prey on Atlantic herring, such as stripers or haddock, but also the Atlantic herring’s cousins — alewives and blueback herring.

Alewives and blueback herring (collectively referred to as river herring) are anadramous fish — they are born in freshwater, spend most of their lives in the ocean, and then return to freshwater to spawn. The rivers of New England were teeming with river herring up to the 1980s. But in the last 20 years, their numbers have dropped precipitously. For example, until 1986 the number of river herring returning to spawn in the Taylor River averaged between 100,000 to 400,000 a year. But by 2000, that number had declined to 10,000 to 40,000 a year, and in 2006, only 147 river herring returned to the Taylor River. This is a tragedy for New Hampshire’s wildlife conservation.

The causes of the dramatic decline in the numbers of river herring include the fishing practices of the midwater trawl vessels. While at sea, river herring can often be found in the same waters as Atlantic herring and fall victim to the indiscriminate fishing practices of the midwater trawlers. In 2007, bycatch documentation showed that three times the amount of river herring was taken in one tow of one of these industrial vessels as returned that year to the Lamprey River, which boasts New Hampshire’s largest remaining population of river herring.

The meeting of the council’s Herring Committee will focus on management steps to curb this wasteful practice. Central to the success of any management effort must be a robust monitoring program, catch caps on river herring to serve as a strong incentive to avoid areas where river herring are known to aggregate and strong accountability measures to be applied when those catch caps are exceeded.

If river herring are to avoid the fate of Atlantic salmon — another anadramous species all but extirpated from New England’s rivers where they once teemed — a critical step is putting an end to the indiscriminate fishing practices of the midwater trawl boats pursuing Atlantic herring. All other efforts to improve the access to and water quality of the waters river herring spawn in are of little value if they are killed before they get there.

> Read more about CLF’s regional ocean conservation work