After 3 Decades, Washington State Bans Atlantic Salmon Farms

Enlarge this image toggle caption Robert F. Bukaty/AP Robert F. Bukaty/AP

Atlantic salmon farming has been banned from Washington state waters after Gov. Jay Inslee signed the restrictions on nonnative fish farms into law last week in Olympia.

"These present a risk to our wild salmon runs that we cannot tolerate," Inslee said.

The move comes eight months after an ill-fated fish farm near Anacortes started to come undone in a strong current on an otherwise calm summer day. The floating farm, owned by New Brunswick, Canada-based Cooke Aquaculture, tore apart a month later, letting as many as 250,000 Atlantic salmon escape into Puget Sound.

While lawmakers included a provision stating that the Legislature would research and revisit the issue as new science becomes available, Inslee vetoed that section, bringing what appears to be a decisive end to at least three decades of Atlantic salmon farming in Puget Sound.

Opposition to the farms grew after one of Cooke Aquaculture's three net pens off Cypress Island imploded in August. Fish from another ocean quickly swam north into Canada, south past Tacoma and up several rivers, raising fears among tribes and environmentalists that the invaders could harm the region's struggling runs of wild Pacific salmon.

While officials and early media accounts blamed a solar eclipse for the collapse, state investigators later concluded that the farm's poor condition — corroded and overgrown with tons of mussels and other sea life — made it more vulnerable to the push of tidal currents that arrive like clockwork in Puget Sound.

The state's remaining Atlantic salmon farms, all owned by Cooke, could be gone by 2022, once their existing leases with the Washington Department of Natural Resources expire.

The controversy over these fish might not be over. Earlier this year, Cooke, which raises salmon on three continents, threatened to sue under the North American Free Trade Agreement if Washington officials tried to curtail its operations here.

"Our company and our rural sea farming employees are deeply disappointed by the Governor's decision to ignore the science and sign the bill," Cooke spokesman Joel Richardson wrote in an email after the signing. He said the company was evaluating all available options.

This story comes to us from member station KUOW in Washington state. You can listen to the story and read the original version here. </s> Justice Manson said Marine Harvest has made “good faith” attempts at consultation with the ‘Namgis.

FACEBOOK PHOTO/Swanson Occupation Members fo the ‘Namgis First Nation pose in front of a sign in Alert Bay in fall of 2017.

‘Namgis First Nation failed to win an injunction that would have blocked the restocking of a Marine Harvest open-net fish farm in its traditional territories off Swanson Island.

Independent biologist Alexandra Morton put out a press release dated March 26, stating, “At 8:00 a.m. this morning Marine Harvest poured the first of 950,000 Atlantic farm salmon into the Swanson Island salmon farm in ‘Namgis territory where members have stood in protest against this happening since August 24. On Friday, the nation lost its injunction to stop this restocking. Restocking will continue over the next week.”

The ‘Namgis had applied for the court injunction against Marine Harvest earlier in the month hoping to block the company from transferring juvenile Atlantic salmon (smolts) to its Swanson Island farm.

They also applied for an injunction against the fisheries minister as part of a broader application for a judicial review of federal policy that does not require fish to be tested for piscine reovirus or heart and muscular disease before being transferred to a farm.

Federal Court Justice Michael Manson said in his decision the company has operated for 28 years in compliance with Fisheries and Oceans Canada’s requirements for transferring fish.

He also said Marine Harvest had no other place to move the smolts, given that the injunction application was filed so close to the late March or early April restocking date.

Manson added Marine Harvest has made “good faith” attempts at consultation with the First Nation.

“Farm fish are killing our salmon, our way of life and there can be no reconciliation with First Nations as long as there are farm salmon in my territory,” said hereditary leader Ernest Alfred via press release.

Alfred, a schoolteacher in Alert Bay, started the occupation and remains at the site, demanding Marine Harvest not restock farms in ‘Namgis territory.

According to Morton’s press release, the Provincial tenure for the Marine Harvest Swanson Island farm expires in June, but Premier John Horgan has not decided whether or not to renew it and the 21 other sites in Broughton Archipelago, representing 1/3 of the industry in BC.

“The Canadian and Provincial governments are allowing a million Atlantic salmon into this small bay in ‘Namgis territory, when Washington State just prohibited the industry,” said Morton via press release, who has published several scientific papers on the spread of piscine reovirus in BC, “I have to do what I can to try to stop this virus from spreading.”

On March 22, 2018, Washington State Governor Jay Inslee signed a bill into law to phase out Atlantic salmon farms.

Marine Harvest published a press release of its own on its website, stating, “The Court’s Order and Reasons confirm Marine Harvest’s Swanson Island salmon farm has been operating for many years (28) under compliance with Fisheries and Oceans (DFO) requirement for transfers of fish during that period of time. Mr. Justice Manson also noted that ‘Marine Harvest has maintained dialogue with the Applicant…requesting meetings to share data and production plans, stewardship, facility observations and collaborative research.’

Marine Harvest confirmed it will continue to seek engagement with the ‘Namgis First Nation to find collaborative solutions and a pathway forward. </s> A B.C. First Nation has lost its court bid to prevent the restocking of an open-net salmon farm in its traditional territories off northern Vancouver Island.

The 'Namgis First Nation had asked the Federal Court for an injunction against Marine Harvest that would have blocked the company from transferring up to one million juvenile Atlantic salmon, known as smolts, to its Swanson Island farm.

It also applied for an injunction against the fisheries minister as part of a broader application for a judicial review of federal policy that does not require fish to be tested for piscine reovirus or heart and muscular disease before being transferred to a farm.
• Fish farm ban 'the right move' Indigenous leader says

Justice Michael Manson issued a 41-page decision on Friday agreeing there is a "real and non-speculative likelihood of harm" to the 'Namgis way of life from fish-borne disease — but he rejected an injunction on the transfer of the smolts because of its timing.

He found Marine Harvest had informed the 'Namgis on Dec. 21, 2017, that it intended to restock the Swanson Island farm in early spring.

The application to halt the restocking was not filed until March 9, 2018, "mere days before the transfer was set to begin," Manson wrote. He said the late notice prevented the company from finding room for the smolts in any of its other B.C. fish farms.

Marine Harvest testified that smolts raised at a freshwater facility would be ready for transfer to salt water within a short window and any delay could be deadly, potentially costing the company $2.1 million when loss of the smolts and costs of preparing other pens were tallied.

"Furthermore, the ['Namgis'] delay in bringing this motion has exacerbated this problem, such that this harm can no longer be avoided," said Manson.

Marine Harvest has operated for 28 years in compliance with Fisheries and Oceans Canada requirements for transferring fish, court documents showed, and the ruling also said Marine Harvest has made "good faith" attempts at consultation with the First Nation.

Another hearing must consider the 'Namgis application for the judicial review of federal policy on the testing of Atlantic salmon for diseases that could be passed to Pacific salmon, Manson ruled.

But his decision was critical of Fisheries and Oceans, finding it had failed to consult with the 'Namgis about the policy and has no "supervisory control or objective criteria" regarding tests for disease in fish being transferred to open pens.

"It is my opinion that the underlying application for judicial review should proceed as expeditiously as possible," Manson said.
• B.C. government 'very interested' in moving open-net fish farms onto land, minister says </s> Want climate news in your inbox? Sign up here for Climate Fwd:, our email newsletter.

WASHINGTON — In a major legal blow to President Trump’s push to expand offshore oil and gas development, a federal judge ruled that an executive order by Mr. Trump that lifted an Obama-era ban on oil and gas drilling in the Arctic Ocean and parts of the North Atlantic coast was unlawful.

The decision, by Judge Sharon L. Gleason of the United States District Court for the District of Alaska, concluded late Friday that President Barack Obama’s 2015 and 2016 withdrawal from drilling of about 120 million acres of Arctic Ocean and about 3.8 million acres in the Atlantic “will remain in full force and effect unless and until revoked by Congress.” She wrote that an April 2017 executive order by Mr. Trump revoking the drilling ban “is unlawful, as it exceeded the president’s authority.”

The decision, which is expected to be appealed in the Ninth Circuit Court of Appeals, immediately reinstates the drilling ban on most of the Arctic Ocean off the coast of Alaska, a pristine region home to endangered species including polar bears and bowhead whales where oil companies have long sought to drill. Along the Atlantic coast, it blocks drilling around a series of coral canyons that run from Norfolk, Va., to the Canadian border which are home to unique deepwater corals and rare fish species.

In addition, Friday’s ruling by the judge, an Obama appointee, has broader implications for Mr. Trump’s effort to push drilling across the American coastline and on public lands. </s> Cannabis farms have been polluting the Eel River since the Green Rush began. There is sediment eroding and fertilizer running off into the river and the attached streams. Water is also being siphoned off from the streams and river to use on large grow operations.

There are some sections of the Eel River that are at high, medium, and low risk of being polluted by illegal cannabis farms. This map lays out sections that are at those different levels of risk. All of the grows shown are within three miles of the Eel river.

The sediment that is eroding due to the grow operations building roads that they do not maintain. They are also clear cutting a lot of the redwoods which held the sediment in place. This sediment falling into and settling in the river is causing it to flatten out and become shallow.

This takes away the salmon’s favored habitat of deep, cold water. The fertilizer is causing algae bloom to occur that is very toxic for the salmon. It causes them to become diseased and die off. The grows are also siphoning off too much water, to the point of the river running dry in some seasons. This makes it hard for salmon to migrate from the ocean, up the Eel River, and to the streams where they lay their eggs.

Cannabis becoming legal will allow the government to regulate the fertilizer used, maintain roads and minimize the impact of clear cutting, and regulate the amount of water being siphoned out. These regulations will keep the Eel River beautiful and protected. </s> Livestock ships could be blocked under state law, says WA Premier

West Australian Premier Mark McGowan has threatened to ramp up action against the live animal export trade, saying he is open to using state law to block livestock carriers breaching animal welfare standards from leaving the state's ports.

The industry is already in defensive mode after footage emerged showing some of the almost 2,400 sheep who died of heat stress aboard the Awassi Express in the Middle East in August last year.

That ship is currently still blocked in Fremantle port as it undergoes upgrades to its ventilation system to meet requirements by the Australian Maritime Safety Authority.

But on Wednesday another ship, the MV Maysora, left the same port for Turkey despite concerns by inspectors from the WA Department of Primary Industries and Regional Development.

They reported to WA Agriculture Minister Alannah MacTiernan they had seen sheep on board being crushed and some water troughs were emptied or full of faeces, before even leaving for its destination in Turkey.

Mr McGowan said the State Government could take action if there were breaches of the WA Animal Welfare Act.

"So we're not saying close the industry down, but what we are saying at this point is if there are examples like we saw recently, well then we'll use state law if we can to try and arrest and fix the problem we're facing."

The Department of Agriculture said it received reports about MV Maysora from WA inspectors on Friday.

In a statement, a spokesperson said all issues raised had been investigated by an Australian Accredited Veterinarian, an accredited stockman and an independent vet, who were on board the vessel.

"The department has confirmed that the health and welfare of animals on board is being maintained in accordance with the required Australian standards."



Ms MacTiernan called for a ban on live exports in the northern hemisphere summer, when most livestock deaths occur.

Mr McGowan said the industry was in trouble. </s> France's agriculture ministry said Wednesday that it had officially banned electric pulse fishing from its territorial waters, ahead of a total ban of the contested practice in the European Union set for 2021.

French fishermen have long railed against pulse fishing by their Dutch counterparts, calling it unfair competition that leads to unsustainable stock depletions.

Dozens of top European chefs have also denounced the technique, in which electrically charged lines are dragged above the seafloor to shock sole and other low-lying fish upwards into nets -- they claim it results in poor-quality catches.

Dutch fishermen dispute the claims, but in April the European Parliament voted to outlaw the practice starting in 2021.

France had vowed to implement the ban sooner, a move that will forbid Dutch vessels from using the practice in French territorial waters.

The method is already outlawed in many parts of the world, including China, but proponents say it is environmentally friendly and results in lower fuel usage for boats.

The EU had previously allowed member states to equip up to five percent of their fleets with electrodes.

Fishermen in the Netherlands pioneered the technique and invested heavily in equipping their boats with the electrified lines, though only 84 vessels were using the technique -- a small fraction of the country's fleet. </s> HONOLULU — President Barack Obama is expected to order wide swaths of the Atlantic and Arctic oceans placed permanently off-limits for oil drilling, people briefed on the administration’s plan said, in an 11th-hour push for environmental protection before he leaves office.

Obama was planning to announce the move on Tuesday, said the individuals, who requested anonymity to discuss the decision before the announcement. The White House declined to comment.

The move helps put some finishing touches on Obama’s environmental legacy while also testing President-elect Donald Trump’s promise to unleash the nation’s untapped oil and natural gas reserves. Environmental groups were hoping the ban, despite relying on executive powers, will be difficult for a future president to reverse.

Obama is expected to use an arcane provision in a 1953 law to ban offshore leases in the waters permanently. The statute says that “the president of the United States may, from time to time, withdraw from disposition any of the unleased lands of the outer Continental Shelf.”

A permanent ban would mark the culmination of a slow reversal by Obama’s administration, which had been considering opening a broad area of the Atlantic Coast to drilling, but then backed away from that idea. Earlier this year, the administration removed potential Atlantic lease sales from its blueprint for offshore drilling. But that ban only applies to a five-year period starting in 2017, and could be more easily reversed by Trump in his own five-year blueprint.

In issuing a permanent ban, Obama appears to be trying to tie the hands of his successor. Trump has vowed a domestic energy revolution and is filling his Cabinet with nominees deeply opposed to Obama’s environmental and climate change actions.

Along the Atlantic seaboard, states have had mixed reactions to the possibility of drilling. In Florida, the administration of Gov. Rick Scott, a Trump supporter, has raised concerns about the possible effects to the state’s beaches and fishing industry, and residents in North Carolina’s Outer Banks protested a move toward ocean drilling. But officials in South Carolina and Virginia have expressed support for the economic benefit of new oil jobs.

Environmental groups were calling for a permanent ban even before the presidential election, but Trump’s victory has provided greater urgency for them and for businesses that rely on tourism and fishing. Trump has said that he intends to use all available fuel reserves for energy self-sufficiency — and that it’s time to be opening up offshore drilling.

Industry groups are confident that the ban will not stand and Trump can simply issue a new proclamation after taking office that would allow for oil and gas production in the Atlantic. They point to President George W. Bush, who in July 2008 lifted some executive bans on Outer Continental Shelf leasing and drilling.

“There’s no such thing as a permanent ban,” said Erik Milito, a policy director at the American Petroleum Institute.

But Niel Lawrence, a senior attorney at the Natural Resources Defense Council, said the result of a Trump proclamation isn’t so clear-cut. He said the statute says a president can withdraw waters from the country’s leasing plans and “it doesn’t say you can put back in.”

If Trump does issue an order reversing Obama’s proclamation, it would be up to environmental groups or others to challenge his actions in court. If he doesn’t, then it would be up to Congress to intervene.

“My guess is that Congress has better things to do,” Lawrence said. “The industry is not clamoring to get into these places. Any return on investment is decades away.”

The Trump administration could also take a more gradual approach of changing the nation’s five-year leasing plan to put the waters back in play. That would buy groups on both sides time to make their case about the need or lack thereof to drill off the Atlantic coast.

Milito said keeping oil and gas production in the Atlantic as an option is important in the event U.S. reserves elsewhere are depleted. He said it’s important not to have to rely on other countries for oil and gas supplies to ensure affordability and availability.

“We have to look to the future so that we can maintain our status as an energy superpower and so that we can continue to rely on U.S. oil and gas production to fulfill our economic needs,” Milito said.

Fourteen senators had signed a letter calling on Obama to ban offshore drilling permanently. Sen. Robert Menendez, D-N.J., disputed the notion that future administrations could undo Obama’s order without congressional approval.

“Declaring the Atlantic and the Arctic off-limits to Big Oil is a step the president can take immediately to show that we as a nation are committed to the future of our shore towns, our beaches, and our environment,” Menendez said. </s> Stories are posted on the APRN news page. You can subscribe to APRN’s newsfeeds via email, podcast and RSS. Follow us on Facebook at alaskapublic.org and on Twitter @aprn

Alaska’s U.S. senators have issued a second round of statements following the rally of White nationalists in Charlottesville, Virginia. This time their criticisms are aimed at President Trump.

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Details are emerging slowly on the fire at the Peter Pan Seafoods processing plant in Port Moller. The 100-year-old plant caught fire late Tuesday night, and the blaze continued to burn Wednesday. The full scope of the damage is still unclear, but witnesses say it is extensive.

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After 75-days in the shipyard, southwest Alaska’s ferry is finally back in the water.

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What kind of threat do invasive crayfish in Alaska pose to subsistence resources? That’s a question the Sun’aq Tribe won a grant to study.

Solar eclipse has stargazers excited all around the world

This Monday, August 21st, states across the Lower 48 will get to see a full solar eclipse, as the moon slides directly in front of the sun for two minutes.

This month Juneau chefs Lionel Udippa and Jacob Pickard represented Alaska at the Great American Seafood Cook-Off in New Orleans.
Following a collapse of a farm and a large release of Atlantic salmon into the Pacific, the state of Washington bans the farming of Atlantic salmon in their territorial waters.