A group of conservation groups challenged the initial permits for stocking steelhead in Cooke’s net-pens, and that challenge will be heard by the Supreme Court of Washington in September. Fish farms can degrade water quality, introduce disease to native fish populations and threaten imperiled animals like the Southern Resident orcas.

But the new permit, signed August 5 by the department, will allow for 365,000 steelhead to be transported and placed in Cooke’s facility off Hope Island in south Puget Sound before the court’s decision.

“We feel blindsided by this fast-moving process, which could cause major environmental damage,” said Sophia Ressler, Washington wildlife attorney at the Center for Biological Diversity. “The stocking of this facility has the potential to contaminate our waters and threaten the species that are so dear to our Puget Sound ecosystem.”

The lease for the facility expires in March 2022. Based on Cooke’s own timeline, this is long before the rearing of the 365,000 steelhead at this facility would be complete. Without a valid lease for this farm beyond that deadline, Cooke would be required to remove these fish and relocate them.

“Right now, Washington’s highest court is deciding whether Cooke Aquaculture’s new project should have ever been approved. Before the end of the year, the court could invalidate every permit granted to Cooke and require the comprehensive environmental review demanded by Tribal Nations, elected officials and thousands of members of the public,” said Kurt Beardslee of Wild Fish Conservancy. “This decision to approve the transport of fish into Puget Sound net pens while the court’s decision is pending is fundamentally reckless and further demonstrates an alarming pattern of state agencies putting the wishes of a billion-dollar industry ahead of wild salmon recovery, tribal treaty rights and the public’s best interest.”

“The state failed the public and our imperiled wild fish when it granted these permits and allowing stocking to go forward while our case is pending at the Washington Supreme Court is the epitome of irresponsible,” said Amy van Saun, a senior attorney with the Center for Food Safety. “Industrial fish farming is not in the public interest.”

“We are dismayed to see the Washington Department of Fish and Wildlife again greenlighting Cooke’s plans to industrially farm steelhead in Puget Sound,” said Hallie Templeton, senior oceans campaigner and deputy legal director at Friends of the Earth. “That this permit has been issued before oral arguments in our appeal over the agency’s aquaculture permit is a slap in the face to all Washingtonians and the wildlife who depend on a clean and safe Puget Sound.”

Background

Following a catastrophic failure at one of Cooke’s facilities in 2017, Washington state passed a law phasing out all Atlantic salmon net-pen aquaculture by 2022. The permits issued by the Department of Fish and Wildlife allow Cooke to continue operating its net pens, which are placed directly into Puget Sound waters, by growing steelhead instead of Atlantic salmon.

During a public comment period in fall 2019, thousands of Washington citizens and organizations filed comments with the state agency, overwhelmingly calling for the proposal to be stopped and urging the state to draft a new “environmental impact statement” on open-water aquaculture net pens.

Instead the state wildlife department issued a permit that relied on a cursory analysis and “mitigated determination of non significance.” The calls for deeper scrutiny came from environmental advocates, commercial fishers and anglers, legislators, other state agencies and at least five tribal governments from the lands around Puget Sound.

Washington is the only state on the Pacific coast that permits these facilities. At the beginning of 2020, Canadian Prime Minister Justin Trudeau announced plans to transition all open-water industrial aquaculture in British Columbia to land-based facilities by 2025.

The conservation groups that brought this challenge are represented by Kampmeier & Knutsen, PLLC and by attorneys at the Center for Food Safety and Center for Biological Diversity.

Contact: Hallie Templeton, (434) 326-4647, htempleton@foe.org

The post Cooke Aquaculture Secures Permit to Stock Risky Washington Fish Farm appeared first on Friends of the Earth.

“The Trump administration flagrantly violated bedrock environmental laws when it reissued the Nationwide Permits, without regard for the people, places or wildlife that are affected by this deeply flawed program,” said Jared Margolis, a senior attorney at the Center. “I’m hoping President Biden will prevent the Corps from continuing to use the permits to rubber-stamp major projects like oil pipelines that leak and spill, degrading the clean water that people and wildlife need.”

The Biden administration has called for a review of the Nationwide Permits consistent with its Jan. 20 Executive Order “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” While the groups are hopeful that this process will result in important changes to the program, if the Corps continues to ignore its duty to properly account for the harm Nationwide Permit activities pose to species, then litigation may be necessary.

“Rather than comply with a court order to ensure that endangered species are protected from further death and destruction, the Trump administration doubled down on its original violation by issuing even weaker Nationwide Permits with fewer protections for these species,” said Daniel E. Estrin, general counsel for Waterkeeper Alliance. “It’s long past time for the Corps to rethink its approach to dredge-and-fill permitting and to ensure that these activities will not put endangered species or their habitat in jeopardy.”

“The new NWP 56 would open our federal waters to industrial-scale finfish aquaculture — the factory farms of the sea — with no limits on impacts to wildlife, including endangered fish, turtles and marine mammals,” said Amy van Saun, senior attorney at Center for Food Safety. “Without ESA consultation, the Army Corps is blindly exposing our ocean wildlife to harm from farmed fish escapes, inputs like pesticides and drugs, and industrial equipment which can entangle sensitive species.”

“These Nationwide Permits allow streamlined permitting for a range of dirty industries, from oil and gas pipelines to offshore aquaculture, all without fulfilling mandated environmental reviews and consultations,” said Hallie Templeton, deputy legal director at Friends of the Earth. “We will continue to fight against widespread environmental and socio-economic harms that disregard science and sustainability.”

“The Trump administration gave a free pass to polluters on the way out the door,” said Jon Devine, director of federal water policy at NRDC (Natural Resources Defense Council). “The Biden administration must toss this egregious giveaway and restore meaningful protections to streams and wetlands and the wildlife that depends on them — or we will turn to the courts to enforce the law.”

Background

Nationwide Permits have been approved approximately every five years since 1982. The 16 new permits will allow hundreds of thousands of discharges of dredged or fill material into the nation’s waters and wetlands from oil and gas development, pipeline and transmission-line construction, and coal mining.

The U.S. Fish and Wildlife Service and National Marine Fisheries Service have previously found that these activities — which are approved with little or no environmental review — threaten iconic species including whooping cranes, Florida manatees, and the hundreds of migratory birds that need wetlands to survive.

Thousands of projects each year rely on the permits to conduct activities that cause sedimentation and contamination of essential habitats, directly harming species through construction activities and powerline collisions. But the extent of the damage is unknown, since the Army Corps does not collect sufficient information to consider those effects.

In prior litigation, a federal court found that the Corps had violated the Endangered Species Act by not undertaking consultation with the Fish and Wildlife Service and the National Marine Fisheries Service regarding the impacts on endangered wildlife from Nationwide Permit 12, which is used for massive oil and gas pipelines. That litigation prevented the continued construction of the Keystone XL pipeline. The Trump administration ignored that decision and reissued the program without conducting the necessary consultation to ensure imperiled species are protected.

Thousands of public comments were submitted for the proposed reissuance and adoption of the new offshore-aquaculture permits, highlighting the risk of harm from this program; yet the Army Corps failed to take the steps necessary to comply with the law and prevent the continued devastation of our wetland resources.

Contact: Hallie Templeton, (434) 326-4647, htempleton@foe.org

The post Lawsuit Launched Over Army Corps’ Failure to Protect Endangered Wildlife From Nationwide Permit Program appeared first on Friends of the Earth.

The permit, which takes effect on March 15, 2021, will allow corporations to speed and scale up the development of industrial fish farms. This form of aquaculture uses large, floating net pens and cages that allow pollution, like excess feed, fish waste and chemicals, to flow freely into open waters, damaging marine ecosystems and harming the local fishing communities and coastal economies that depend on them. The new rule follows the Trump administration’s executive order mandating federal agencies to fast-track development, while cutting environmental review processes and other conservation measures.

The nationwide permit may also bolster controversial pilot facilities, such as the proposed Velella Epsilon project off the coast of Sarasota.  

In response to the new rule, members of the Don’t Cage Our Ocean Coalition released the following statements:  

“Industrial finfish facilities harm wild ecosystems, risk coastal economies and threaten local fishermen’s livelihoods. President-elect Biden has already made clear that his administration will be closely scrutinizing all regulations and rulemaking when it comes to this harmful form of seafood production. The Corps’ decision to move forward anyway is both hasty and unwarranted,” said Rosanna Marie Neil, policy counsel for Northwest Atlantic Marine Alliance.

“Congress has authority under the Congressional Review Act to evaluate problematic agency rulemaking. This rush by the U.S. Army Corps to push development of an unwanted new finfish farming industry is appropriate for Congressional review. We urge Congress to take action so that regulations support our existing local fishing communities and seafood production businesses, rather than promoting a new, unnecessary industry to further damage our already struggling marine ecosystems,” said Marianne Cufone, Director of the Recirculating Farms Coalition.

 “We will continue pushing for strong environmental oversight to protect our marine ecosystems from the growing threat of destructive industrial development. The last thing we should be doing is rubber-stamping industrial ocean fish farms. We have already seen in places like Washington, Florida, and California how controversial these facilities are. This new nationwide permitting program will only result in more harm.” said Hallie Templeton, senior oceans campaigner for Friends of the Earth.

Contact: Claudia Hensley, claudia.hensley@berlinrosen.com 

The post U.S. Army Corps of Engineers Issues Nationwide Permit for Industrial Finfish Facilities in Federal Waters, Risking Ecosystems and Livelihoods appeared first on Friends of the Earth.

The reintroduction of this legislation comes as the incoming Biden/Harris administration is setting priorities for environmental policy which could curb the expansion of this unnecessary and destructive industry in U.S. waters. H.R. 274 would specifically prohibit federal agencies from permitting commercial finfish aquaculture facilities in marine waters offshore, unless and until Congress passes a future law authorizing such permits.

Members of the Don’t Cage Our Ocean Coalition, including the Northwest Atlantic Marine Alliance, Recirculating Farms and Friends of the Earth, released the following statement on the reintroduction: 

If passed, this legislation could prevent the waste of time and resources continuously expended to fight development of industrial ocean finfish farming around the United States. Its reintroduction should encourage Congress and the new administration to move forward with additional actions, especially executive orders, to reverse the rubber stamping of these facilities leftover from the Trump administration, and stop  other harmful offshore aquaculture projects like Velella Epsilon in the Gulf of Mexico. We applaud Congressman Young for standing up against floating factory fish farms and protecting our waters, fisheries and coastal communities.

Communications contact: Claudia Hensley, claudia.hensley@berlinrosen.com

The post Congressman Don Young reintroduces the “Keep Fin Fish Free Act” to protect oceans from floating factory farms appeared first on Friends of the Earth.

Groups filing the appeal, which include Center for Food Safety, Recirculating Farms Coalition, Friends of the Earth, Center for Biological Diversity, Food & Water Watch, Healthy Gulf, Suncoast Waterkeeper, and Tampa Bay Waterkeeper, argue that the permit violates the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the Endangered Species Act (ESA).

The organizations released the following statement today:

This permit should never have been issued. The EPA violated the law by failing to evaluate the potential dangers of the wastewater that this facility will release, such as contributing to harmful algal blooms (also often known as red tide) and pharmaceutical residues in the ocean and antibiotic resistance in people. By allowing this facility to pollute, the EPA has failed to protect the vulnerable Gulf ecosystem and the communities that rely on it. This needs to stop.

The appeal permit will be available upon request.

Communications contacts: Claudia Hensley, claudia.hensley@berlinrosen.com; Meredith Stevenson, mstevenson@centerforfoodsafety.org; Aisha Dukule, adukule@foe.org

The post Coalition Appeals EPA Permit Allowing Industrial Wastewater from Fish Farm in Gulf of Mexico appeared first on Friends of the Earth.

This form  of aquaculture uses giant floating net pens and cages that allow pollution, like excess feed, fish waste and chemicals, to flow freely into open waters, damaging marine ecosystems and thus harming the local fishermen and coastal economies that depend on them. The Act’s introduction follows recent efforts from the Trump administration to fast-track development of this outdated and unnecessary industry.

For decades, various administrations have attempted to push offshore marine finfish aquaculture – through numerous failed federal bills, agencies overreaching authority to make regulations and most recently, through Executive Orders. Forceful public opposition and courts have prevented the industry from developing since the 1980’s.

In response to this most recent legislation introduction , members of the Don’t Cage Our Ocean Coalition issued the following statements:

“Industrial finfish aquaculture facilities harm wild ecosystems, risk coastal economies and threaten local fishermen’s livelihoods. Instead of supporting the corporate takeover of our oceans, lawmakers should safeguard the economic livelihoods of fishermen and coastal residents who are already struggling and would be disproportionately harmed by industrial aquaculture,” said Rosanna Marie Neil, policy counsel for Northwest Atlantic Marine Alliance.

“Congress should support sustainable seafood production with local fishermen and businesses, rather than allowing a new unwanted and unnecessary industry to pollute our already struggling ecosystems that we all depend on. It’s embarrassing that Congressional leaders are pushing this bill now, when there are so many other critical  issues that require attention,” said Marianne Cufone, Director of the Recirculating Farms Coalition.

“We need strong environmental leadership from both sides of the aisle in Congress to ensure that our ecosystems remain resilient. The last thing we should be doing is allowing corporations to dump even more toxins into our oceans by rubber-stamping these dangerous developments,” said Hallie Templeton, senior oceans campaigner for Friends of the Earth.

The AQUAA Act’s introduction comes in spite of extensive opposition from environmentalists, the wild-capture fishing industry, indigenous nations and local communities. In May, the Trump administration issued an executive order to speed the development of these facilities, and federal agencies have since taken further steps to deregulate and limit environmental review. 

Contact: Kara WatkinsChow, kara.watkinschow@berlinrosen.com

The post Senators Advance Controversial Aquaculture Bill, Threatening Coastal Economies and Ecosystems appeared first on Friends of the Earth.

In response, Friends of the Earth, Recirculating Farms Coalition and Northwest Atlantic Marine Alliance, members of the Don’t Cage Our Ocean Coalition, issued the following statement:

The federal government is once again risking local ecosystems and coastal economies to expand industrial aquaculture without careful consideration of the many negative impacts. Industrial aquaculture facilities can disrupt ecosystems,  harm coastal economies and threaten the livelihoods of fishing communities. The government needs to stop prioritizing risky, dangerous and outdated methods of fish production at the expense of responsible seafood producers. We need to put the brakes on these unnecessary projects and not rubber-stamp industrial development in our oceans.

Contact: Claudia Hensley, claudia.hensley@berlinrosen.com

The post Federal Government Steps Forward On Approving Harmful Aquaculture Facility Off San Diego, CA appeared first on Friends of the Earth.

In response, Friends of the Earth, Recirculating Farms Coalition and Northwest Atlantic Marine Alliance, members of the Don’t Cage Our Ocean Coalition, issued the following statement:

“The expansion of industrial aquaculture in California and the Gulf of Mexico threatens local fishing communities, ecosystems and coastal economies. NOAA should protect our wildlife, waters and all the people who depend on them for their livelihoods and for recreation, rather than paving the way for development of harmful facilities that can pollute wild ecosystems and destroy our already struggling local economies.”

Separately, the Army Corps of Engineers is also taking new action in response to the Executive Order. The agency will streamline marine finfish aquaculture permitting by shortcutting the public and agency review process of each permit application and creating a national permit for all similar facilities.

“Preventing the public and agencies from taking an important ‘hard look’ at risks and consequences of every new offshore marine finfish aquaculture facility is a big mistake – and raises legal questions. Globally the industry has been associated with a wide range of problems, and countries like Canada and Denmark are moving away from this form of seafood production. To speed up development of these facilities in the United States without allowing for proper review and discussion will cause widespread damage both ecologically and economically.”

Communications contact: Claudia Hensley, claudia.hensley@berlinrosen.com

The post Two federal agencies rush industrial aquaculture development, threatening fishing, communities, and ecosystems appeared first on Friends of the Earth.