Federal Court Strikes Down Unlawful Permit Allowing Industrial Fish Farming in Ocean Waters

Seattle, Washington— Today, the U.S. District Court for the Western District of Washington vacated, or set aside as unlawful, the U.S. Army Corps of Engineers' approval of Nationwide Permit 56 (NWP 56), a 2021 decision authorizing industrial finfish aquaculture structures in federal ocean waters for the first time across the country. In October 2024, after several years of litigation the Court ruled that the Corps had violated several core environmental laws in approving NWP 56, including the National Environmental Policy Act, the Rivers and Harbors Act, and the Administrative Procedure Act. Following further remedy briefing, today's decision ordered that based on those violations of law the permit is vacated.

"This is a crucial victory in the battle for the future of our oceans," said George Kimbrell, legal director for Center for Food Safety and counsel for the plaintiffs. "We are gratified that the Court has ordered that NWP 56 is null and void. Industrial aquaculture has an abysmal track record globally of damaging the environment and local communities. It has no place in U.S. ocean waters."

Cooke is not minding its Maine pens

Forty-three years ago, anglers from five fish and game clubs in Washington County formed the Downeast Salmon Federation. Today DSF employs 12 staff and conducts a variety of conservation activities to recover all species of sea-run fish in Maine.

Over the years, DSF has taken positions on many fisheries, land use, and watershed management matters. As part of our position on the practice of farmed salmon aquaculture in our coastal waters, we are issuing a call to action.

This comes after close examination of the facts and the documented impacts.

As with other industries in the region that have the potential to impact wild fish, privately operated salmon farms must be subject to careful and ongoing review. It is well understood that activities in Maine’s waters must be regulated to some extent if the natural bounty of the sea, in the form of wild fish, is to continue to provide for current and future generations.

Recently, new evidence has been brought to light showing that Cooke Aquaculture, the sole operator of all salmon farms in Maine, has again violated its Maine Department of Environmental Protection permits. This company has repeatedly demonstrated an unwillingness to play by the rule of law.

Maine’s Marine Resources Chief Has Profane Exchange with Lobstermen

Maine Department of Marine Resources Commissioner Patrick Keliher said “f—- you” to a man during a Thursday meeting at which fishermen assailed him for a state plan to raise the size limit for lobster.

The heated exchange came on the same day that Keliher withdrew the proposal, which came in response to limits from regional regulators concerned with data showing a 35 percent decrease in lobster population in the state’s biggest fishing area.

It comes on the heels of fights between the storied fishery and the federal government over proposed restrictions on fishing gear that are intended to preserve the population of endangered whales off the East Coast. It was alleviated by a six-year pause on new whale rules negotiated in 2022 by Gov. Janet Mills and the state’s congressional delegation.

BREAKING NEWS: Washington State Bans Commercial Net-Pen Fish Farming

Commercial net-pen aquaculture is history in Washington.

The state Board of Natural Resources on Tuesday adopted a rule banning the industry.

The ban is a victory for outgoing Commissioner of Public Lands Hilary Franz, who told the board that the top duty for the Department of Natural Resources in leasing its aquatic lands is to protect them for future generations.

“There is no debate that there are impacts” from net-pen aquaculture, Franz said. “Avoiding impacts is our legal and moral responsibility. … I ask why did we ever allow this. … I am asking the board to learn from the past and the effects of our decision.”

She was reminded also, she said, that “In the last two weeks (endangered southern resident orca) Tahlequah has lost another baby calf. It is a reminder of how fragile life is and how difficult it is to reverse decline.”

The vote passed with two board members, Chris Reykdal and Wendy Powers-Schilling, abstaining. Several board members said even though they voted for the ban that additional work should continue to examine whether to facilitate fish farming in the future, on land or in Puget Sound.

Op-ed: ‘Blue Foods’ May Not Save the World

When it comes to food, the world faces a tangle of seemingly impossible choices: Increase agricultural land-use to address food insecurity and you drive deforestation and risk biodiversity collapse.  Industrialize meat production to bring prices down and you set the stage for new pandemics and imperil the welfare of billions of farmed animals. Feeding the world’s growing population without worsening parallel catastrophes has become the defining challenge of the 21st century. One could be forgiven for attempting to conjure a portal to a future that would avoid tradeoffs entirely.  

And some, it seems, have attempted to cast just such a spell: “Blue foods” is the way to save the world. 

Town Maps Fishing Areas in Effort to Reduce Aquaculture Conflicts

Harpswell’s Aquaculture Working Group has created a new map of local commercial fishing areas, urging state officials to use it when evaluating applications for aquaculture leases to help avoid conflicts with fishermen.

However, a Maine Department of Marine Resources official told the group at a recent meeting that a locally generated map can’t be used as the sole basis for denying a lease application. Still, the official praised the effort and said the map would be helpful for planning and information purposes.

The Harpswell Select Board created the working group in May based on a recommendation from the town’s Marine Resources Committee.