Aquaculture – Legal
Legal Decisions Related to Our Advocacy
Shellfish Legal Actions
- The U.S. Army Corps of Engineers (USACE or Corps) permit approval
- The USACE failed on several accounts.
- Failed to require an Environmental Impact Study or and Environmental Impact Report
- Failed to have the shellfish applicant include its Blyn oyster growing area considered as an option for this project.
- Failed to consider the WA State Puget Sound Kelp Conservation and Recovery Plan
- HB 1661 – Conserving and restoring kelp forests and eelgrass meadows in Washington state
- Failed to consider cumulative impacts of adding more WA State commercial shellfish operations into WA State marine waters.
- Failed to consider the federal PFAS-plastics House bill (now with the Senate) H.R.2467 – PFAS Action Act of 2021
- CWA.
Community and Public Interest Groups Protect Washington’s Iconic Coastlines and Wildlife from Expanding Industrial Shellfish Aquaculture
“Seattle, WA—Today, a federal court nullified the defective Nationwide Permit 48 (NWP 48), making the vast majority of shellfish aquaculture activities in Washington illegal. However, the court also partially stayed its order invalidating the permit to allow some activities to continue pending issuance of new, lawful permits. The decision comes in response to lawsuits brought by Center for Food Safety (CFS) and the Coalition to Protect Puget Sound Habitat (Coalition) in the Federal District Court for the Western District of Washington. ” Read more: Center For Food Safety
More Thoughts
Back in October, 2019 the Federal District Court found that the Army Corps of Engineers (ACE) Nationwide Permits issued for commercial shellfish aquaculture unlawful. The Court ruling required shellfish operations to re-permit under Individual Permits but did allow planting through the 2020 season and harvesting through March 2022.
The aquaculture industry group appealed the decision. On February 11 a three-judge panel with the Ninth Circuit Court of Appeals unanimously agreed with the earlier ruling. This is good news as it requires more detailed reviews of new shellfish permits instead of issuing blanket permits.
For more information: centerforfoodsafety – press-release re shellfish aquaculture court of appeals
However our work is not finished … Efforts to protect the Dungeness Wildlife Refuge are ongoing as this project is already under an Individual Permit and the process continues. Unfortunately we cannot predict the ACE reaction to the recent rulings. At this point we hope that the ACE now sees a need for very careful reviews.
While we await the ACE decision about the Dungeness National Wildlife Refuge, the WA State Department of Ecology approved a Coastal Zone Management permit for the project. The ACE permit decision is our focus.
We will continue to keep in touch with all of you. As well, the ACE should let those who submitted comments in May of last year know when a permit decision has been made.
Until then, keep safe and hopeful,
Finfish Legal Actions
In 2018, the Washington State Legislature passed EHB 2957, banning nonnative finfish aquaculture.
Legislators expressed their concerns more broadly in their statement above. https://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/House%20Passed%20Legislature/2957.PL.pdf?q=20211227141805
Governor Jay Inslee signed the bill but deleted Section 1. https://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Vetoes/House/2957.VTO.pdf?q=20211227141805 Corporations said they will turn to growing “native” species in pens.
- The Washington Department of Natural Resources (DNR) opposition to permitting Cooke Aquaculture to continue its finfish net pen aquaculture activities in Port Angeles Harbor was upheld when the Washington Court of Appeals issued an opinionaffirming a lower court decision to terminate the lease.
https://wildfishconservancy.org/12-16-2021-unpublished-opinion-cooke-vs.-dnr/at_download/file
- In an aquaculture action, Cooke Aquaculture agreed to a $2.75 million settlement brought by The Wildfish Conservancy nonprofit, based in Duvall Washington, as a result of the company’s Cypress Island 2017 net pan collapse that released over 250,000 nonnative Atlantic salmon in to open waters of the state.
The Jamestown S’Klallam Tribal Chairman Ron Allen vows to establish a fish farm in Port Angeles Harbor despite the DNR Court of Appeals decision upholding termination of its business partner’s lease.
https://www.peninsuladailynews.com/news/tribe-court-of-appeals-ruling-wont-stop-fish-farm-attempt/
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