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July 2013 www.sname.org/sname/mt (policy brieng) however, licensing and permitting participants should focus on specic conservation measures rather than open-ended, adaptive provisions. As we all gain more certainty regarding the presumed lack of signicant project eects, developers should reap the benets of developing that information by winning longer licenses with clear and measurable conditions. Coastal and marine spatial planning Primarily a concern for oshore projects and not in- stream hydrokinetics, coastal and marine spatial planning (CMSP) is a relatively new and important issue that is already impacting project development. Recently, the National Ocean Council, consisting of representatives from 27 federal agencies and depart- ments, published its long-awaited plan for implementing President Obamas National Ocean Policy. is imple- mentation plan is intended to improve interagency collaboration and prioritization in a broad range of policy areas aecting ocean uses including commer- cial shing, commercial shipping and ports, military activities, aquaculture, and conventional and renew- able energy development. The plan does not create or supersede existing law, but instead describes steps that federal agencies will take to coordinate with tribes, state and local governments, marine industries, and other stake- holders with the goal of streamlining ocean and coastal management efforts. More specifically with regard to ocean economy, the plan states that one desired outcome is to provide greater accessibility to data and information to support commercial mar- kets and industries,? including offshore energy, by doing things such as expanding an integrated geo- spatial database on public and private ocean data. In addition, the Departments of Energy, Commerce, and the Interior will collaborate with the National Science Foundation to compile and make available data on climate, water, wind, and weather as well as on wave and tidal energy resources. In addition to this federal effort, several states, including Washington, Rhode Island, Massachusetts, and Oregon, have pursued CMSP to help determine the most appropriate uses for areas in the states terri- torial seas. ese plans vary, but have many things in common. For example, each examines or proposes to examine existing and proposed ocean uses and artic- ulates policies regarding the acceptable locations and uses of ocean-based energy generation facilities. It will be critical for MHK developers to engage in these pro- cesses on state-by-state and regional bases to ensure that such policies are properly scoped to allow, or even facilitate responsible development of, MHK technolo- gies in appropriate locations. Many components of the regulatory framework govern- ing MHK projects are still developing. It will be important for industry stakeholders to provide input about their needs through the various public processes to help policy mak- ers understand that MHK projects are still relatively small in size and likely impact. As developers, agencies and other stakeholders continue to learn about these technologies and their interaction with existing uses and the environ- ment, licensing and permitting processes should change and ex in response to new information. To some extent, this is already happening. However, until we gain more certainty, regulatory requirements should not overbur- den the industry. Rather, federal and state agencies should continue to work with industry stakeholders to ensure that licensing and permitting requirements are proportional to anticipated impacts and encourage the responsible, phased development of this important new industry. MT Note: This article is for informational purposes only and should not be treated as legal advice. Speci?c questions about this area should be discussed with a quali?ed attorney. Cherise Oram is a partner in Stoel Rives LLPs environmental and natural resources practice group where she advises energy project developers on federal natural resources law. Chad Marriott is an attorney in Stoel Rives LLPs energy development team. MHK Siting and Permitting continued e diversity of stakeholder groups with an interest in MHK projects cannot be underestimated, and their diverse interests often drive how and where projects are proposed.