WE DID IT! WA PERMANENTLY BANS COMMERCIAL NET PENS

Thanks to You, We Made History for Wild Salmon, Orcas, Tribal Food Security, and the Health of Puget Sound

Supporters and friends of Our Sound, Our Salmon,

It is with a full heart and sincere gratitude I am reaching out to share a major environmental victory that you made possible. 

On Tuesday, the Washington Board of Natural Resources cast a historic vote to permanently ban commercial net pen aquaculture in Washington marine waters. This decision ensures that polluting and dangerous net pens will never return to threaten our public waters again, safeguarding wild salmon and Puget Sound's ecosystems for all current and future generations. Read the Seattle Time's coverage here: WA bans commercial net-pen fish farming 

Today, we can proudly declare that Washington is the first—and only—place in the world to successfully remove and permanently ban commercial net pens to protect our public waters.

This victory is the direct result of our coalition's decade of relentless advocacy, unwavering dedication, and tireless collaboration. Since 2017, we’ve stood united under the banner of Our Sound, Our Salmon, speaking truth to power, standing firm against corporate interests, and demanding a future where the health of our waters and wildlife is prioritized. 

All of our success to date, culminating in this week’s historic action, is a powerful statement of what is possible when people unite to challenge the status quo. This victory honors the strength and resilience of Tribal Nations, the tireless efforts of local communities, and the overwhelming will of the public who have championed a vision for a cleaner, healthier Puget Sound. It is a testament to the power of collective action and the belief that when the people speak, lasting change is possible.

Celebrating moments after the Board Members voted to permanently ban commercial net pen aquaculture in Olympia, WA.

I am profoundly inspired by the dedication shown by individuals, businesses, and organizations who took action during the anxious 2024 election and the busy end-of-year holidays to achieve this significant environmental milestone. Our coalition alone communicated with decision-makers through over 12,000 emails prior to this crucial vote and on Tuesday, I had the honor of presenting the Our Sound, Our Salmon petition to the Board Members which was endorsed by 186 businesses and organizations and 3,220 individuals. Thank you, thank you, thank you to everyone who supported this effort and took action.

I want to share my deep appreciation to Washington's Tribal Nations for their exceptional leadership and relentless advocacy. Their voices, including the powerful opinion piece in the Seattle Times written by three Tribal leaders, courageously called on the Board to ban commercial net pen aquaculture to uphold the agency's responsibility and commitment to protect both Washington's waters and the sovereignty of Tribal Nations.

I would also like to express my gratitude to Commissioner Hilary Franz and her committed agency staff. From the very first steps she took in response to the 2017 Cypress Island net pen collapse, Commissioner Franz has been a fierce and unwavering leader, holding Cooke Aquaculture accountable for their actions and protecting Puget Sound from further harm by this industry. With steadfast resolve, she made the bold and crucial decision to deny new leases to the commercial net pen industry resulting in their complete removal, and her executive order guiding the Department of Natural Resources to implement a permanent ban is what made our recent success possible.

Finally, I want to express our sincere thanks to Skagit County Commissioner Lisa Janicki, University of Washington's Dan Brown, and Inslee financial advisor Jim Cahill who voted to approve the ban and whose leadership made all the difference. These leaders set a new standard of environmental stewardship for governments and leaders, emphasizing that merely minimizing risks isn't enough given the crisis facing wild salmon and Southern Resident killer whales. They argued protecting these iconic species and the immense sacrifices and investments by the public toward their recovery, demand a solution that completely avoids risks.

Washington's success isn't just a triumph for us. This precedent is helping to inspire and bolster the global movement that continues to grow and push forward with unyielding determination. From British Columbia to Scotland, Chile, Tasmania, and beyond, our success in Washington serves as powerful model that is lighting the way for others to follow. Together, we will ensure that this dangerous industry become a thing of the past—not just in Puget Sound, but in every region where this industry harms our waters, wildlife, and communities. Learn more about the global coalition coordinating the effort to eliminate open water net pen aquaculture worldwide: Global Salmon Farming Resistance.

Thank you for being a part of this historic achievement. The future is ours to protect, and we look forward to continuing to work together with the same passion, dedication, and unity that has brought us here as we stand in solidarity with our neighbors in British Columbia and communities around the world.

With all my gratitude,

Emma Helverson
Executive Director
Wild Fish Conservancy

SEATTLE TIMES | OPINION: Protect WA’s waters and tribal sovereignty: Ban commercial finfish net-pen aquaculture

On behalf of the Our Sound, Our Salmon we want to extend our sincere appreciation to Chairwoman Frances Charles of the Lower Elwha Klallam Tribe, Chairman Leonard Forsman of the Suquamish Tribe, and Community Chairman Steve Edwards of the Swinomish Tribe for their inspiring and compelling op-ed in today’s Seattle Times titled, ‘Protect WA’s waters and tribal sovereignty: Ban commercial finfish net-pen aquaculture.’

Together, these Northwest Treaty Tribal leaders are urging the Board of the Washington State Department of Natural Resources to take immediate action to formally prohibit commercial finfish net pen aquaculture.

“We urge Washington’s leaders to take this critical step and formally declare commercial finfish net-pen aquaculture is not fit for our waters. The time to act is now — for the fish, the water and the generations to come. Please join us in urging the DNR Board to ban commercial aquaculture net pen leases.”

The authors also encourage the public to support this initiative by contacting the DNR Board ahead of the upcoming vote on January 7th to adopt a rule that would safeguard Puget Sound for future generations. If you haven’t taken action yet, there’s still time!

For the past decade, Tribal and First Nations have been at the forefront of efforts to end commercial net pen aquaculture to protect the waters of Puget Sound and the Salish Sea, which have sustained their peoples, cultures, and traditions for millennia.

“It is about upholding tribal sovereignty, respecting treaty rights and preserving the traditions that have sustained our peoples since time immemorial.”

A coalition of American and B.C. activists are calling for net-pen fish farms to be banned in B.C. six months after such a ban passed in Washington.

Following the 2017 Cypress Island net pen collapse, the Lummi Nation sacrificed their own fishing season to lead the cleanup effort of escaped farmed fish.

Photo by Brandon Sawaya/ Soulcraft Allstars original from the article Who cleaned up the Atlantic salmon spill? Northwest tribes | Cascade PBS

First Nations protesters face down a Marine Harvest ship known as the Orca Chief–although members of the ‘Namgis prefer to call it “The Orca Thief.”

Photo By Alexandra Morton

Litigation and advocacy by indigenous communities has been fundamental to raising awareness about viral and other pathogen risks.

On the same day WA passed a landmark law banning all Atlantic salmon net pens, OSOS participated in a peaceful protest led by First Nations outside a BC legislator's office.

Photo by Wild Salmon Defenders Alliance

WE DID IT! GOODBYE PUGET SOUND NET PENS

DNR Denies New Net Pen Leases In Historic Victory for Wild Salmon, Orcas, & the Health of Puget Sound

Today, we are beyond thrilled to share a massive environmental victory for wild salmon, orcas, and the health of Puget Sound that we have all worked so hard to achieve.

Over the past five years, through the Our Sound, Our Salmon campaign and coalition, we've been fighting together tooth and nail in the Courts, the legislature, and through direct appeals to state officials, calling for an end to the dangerous commercial net pen industry that threatens the health of Puget Sound.

Now, thanks to the unwavering advocacy of our broad-based coalition, Tribal Nations, elected officials, global partners, and so many others— WE DID IT! 

Washington state has finally taken bold action to end commercial net pen aquaculture in Puget Sound.

Yesterday, Commissioner of Public Lands Hilary Franz and her staff at the Department of Natural Resources (DNR) made a groundbreaking announcement that they will no longer lease our public waters to Cooke Aquaculture. Yesterday, DNR delivered a letter to the company's executives notifying them that DNR denied their applications for new 12-year leases to operate net pens in Puget Sound. Cooke now has until December 14th to harvest any remaining fish and completely remove all of their facilities and debris from our public waters. 

As the sole commercial net pen operator in Washington, this historic and monumental decision will effectively eliminate this industry from Puget Sound by the end of the year. In case it hasn't sunk in yet, it's finally time to say goodbye to Cooke Aquaculture.

“Since the catastrophic Cypress Island net pen collapse in 2017, I have stood tall to defend the waters of Puget Sound. This effort began by terminating finfish net pen operations due to lease violations. Despite years of litigation – and a company that has fought us every step of the way – we are now able to deny lease renewals for the remaining net pen sites. Today, we are returning our waters to wild fish and natural habitat. Today, we are freeing Puget Sound of enclosed cages.

This is a critical step to support our waters, fishermen, tribes, and the native salmon that we are so ferociously fighting to save.”

— Commissioner of Public Lands Hilary Franz, November 14, 2022

The importance of this decision for wild fish, water quality, and the greater health of Puget Sound cannot be overstated. Immediately, this action will cease the chronic untreated pollution that has been discharged every single day by this industry over the past thirty years. Finally, these heavily polluted and degraded sites will have the opportunity to heal and begin the process of natural restoration as part of the largest passive restoration project in Washington's history.

Wild fish will migrate freely through Puget Sound without the risk of exposure to viruses, parasites, and diseases amplified and spread at unnatural levels by massive densities of farmed fish, and Washington will never face the risk of another catastrophic net pen collapse ever again. 

We also cannot emphasize enough the importance of this dfor the public's use and enjoyment of Puget Sound. For the first time in three decades, DNR’s decision will restore the public and Tribal access to over 130 acres of Puget Sound that have been restricted and degraded by this industry for far too long.

Beyond Washington, Commissioner Franz's decision is finally uniting the entire U.S. Pacific Coast in excluding this industry from marine waters. Combined with Canada's recent commitment to transition this same industry out of British Columbia's marine waters, this decision has the potential to eliminate a major limiting factor to wild Pacific salmon recovery at a coastwide and international scale.

Washington's decision to end commercial salmon aquaculture will also serve as an important model that will be leveraged by communities and governments around the world working toward the same goal in their public waters. Wild Fish Conservancy is proud to be a member of the Global Salmon Farming Resistance, a global alliance of organizations working together to protect marine ecosystems around the world from the commercial net pen industry.

All and all, today's massive environmental victory demonstrates what is possible when the public unifies their voices and works together with the law and science on their side toward the shared goal of a healthier Puget Sound.

Our Sound, Our Salmon Flotilla Protest, October 2017

THE FIRST OF MANY CELEBRATIONS

Even more exciting still, on Friday, Commissioner Franz has scheduled a press conference where she will announce DNR is setting new state policy to ensure the protection of Puget Sound into the future. The news will be delivered at 11:00 am on Bainbridge Island overlooking the net pens in Rich Passage on the very same beach where we held the Our Sound, Our Salmon flotilla protest back in 2017.  Wild Fish Conservancy is honored to participate in this historic event alongside Commissioner Franz and Tribal Nations, and we encourage you to come join us to celebrate this major announcement. We'll send out more information later this week with details for those interested in joining for the event. 

Over the last two years of calling on Commissioner Franz to make the right decision for wild salmon, orcas, tribal treaty rights, and the health of Puget sound, her recent decision demonstrates she heard our voices loud and clear. We could not be more grateful to Commissioner Franz and her team for their dedication and commitment to protecting the health of Puget Sound for current and future generations. In the days to come, we'll be reaching out with opportunities to thank Commissioner Franz for making this monumental environmental success possible. 

But even as we celebrate Commissioner Franz, it's clear that this victory for wild salmon, orcas, and Puget Sound belongs to no one person or group. Without the actions of thousands of individuals, Washington’s Tribal Nations, businesses, organizations, chefs, fishing groups, scientists, elected officials, moms and dads, and others working together over so many years, this victory would never have been possible.

Working together, we took back Puget Sound.

Thank you to the nearly 10,000 individuals and 130 businesses and organizations supporting the Taking Back Our Sound petition to Commissioner Hilary Franz.

Trout Unlimited California
Frosty Hollow Ecological Restoration
Harbor Porpoise Project
Fraser Valley Extinction Rebellion
Friends of Miller Peninsula State Park
Brightside Charitable Foundation
Bamboo Rod Works
Northwest Sportfishing Industry Assn.
Baja Boat Works LLC
Alala Farm
Ecoservices
Falcon Mountain Services
Bell Hill Properties
Rich Passage Estates Homeowners’ Association
Salmon Fishers Back
Wild Whales Vancouver
Seattle Green Spaces Coalition
Care Hospital Inc
Echelon Consulting
Great Lakes Chapter
Hailey Rohan, Realtor / Land Agent
Inland Waters Landscape Services
Keystone Climbing Consultants
Inside Passage Seeds

Miklian’s Outdoor Adventures
Minus Plus
Mark Weick M. Ed. LMHC
Quoted PR
Kunnen Design/Build Inc
Chasing Daylight LLC
On Sacred Ground
Sunde & Co., LLC
Supan Builders
Technical Installation Team LLC
C&S Distribution
Westwind Farm
Greater Realty Inc.
Heron Reach Services
Alan Quigley Designs
North Cascades Conservation Council
Collaborative Fisheries Associates LLC
Wildlife Forever Fund
Collaborative Fisheries Associate LLC
Eagle Outdoor Media
Pacific Home and Garden
CGA Commerce, LLC
Lotus Films

COUNTDOWN TO NOVEMBER 10 WHEN ALL PUGET SOUND NET PEN LEASES EXPIRE

On November 10th, every lease that authorizes commercial net pens to operate in Puget Sound will have expired. Without new leases, Washington's sole net pen operator, Cooke Aquaculture, will be required to pack up and remove their net pens from Puget Sound, effectively eliminating this industry in Washington. The expiration of these leases offers Washington a once-in-a-decade opportunity to take bold action to protect Puget Sound and join governments around the world in abandoning this dangerous and antiquated industry.

Further elevating the urgency and importance of this exact moment is that after four years and countless appeals, every single lawsuit Cooke Aquaculture has waged against the state has been dismissed or is quickly coming to a close. The conclusion of this litigation eliminates all remaining legal leverage Cooke could wield in a last-ditch effort to pressure the state into granting the company new leases that would secure their future in our public waters for the next decade or longer. 

It is your unwavering dedication and support that made it possible to reach this critical moment and with only days left, we're calling on you to help finish this fight for the health of Puget Sound.

HILARY FRANZ'S MONUMENTAL DECISION

With the clock counting down to November 10th when every net pen lease in Washington will have expired, the future of the commercial net pen industry and the health of Puget Sound lies solely in the hands of Washington's Commissioner of Public Lands Hilary Franz. In the coming days, Commissioner Franz will need to make a monumental decision whether to give in to pressure from Cooke Aquaculture to issue new 12-year leases for net pen aquaculture or calls from the public to restore Puget Sound for the benefit and use of all.

Commissioner Franz has a strong record when it comes to holding the net pen industry accountable. She led the investigation finding Cooke at fault for the catastrophic Cypress Island net pen collapse, terminated half of the company's leases following that event, and refused to concede or compromise the public's natural resources when defending Washington from four years of Cooke's meritless lawsuits.

Photo by Mike Ritter under license CC BY-NC-ND 2.0.

By statute, Commissioner Franz is required to make a decision that is in the best interest of the public. Earlier this year, we delivered a nearly 200-page Taking Back Our Sound petition on behalf of nearly 10,000 individuals and over 100 businesses and organizations all calling on Commission Franz to restore Puget Sound for the public’s benefit and use by all. Through emails and letters, Commissioner Franz heard directly from individuals, groups, and elected officials throughout the northwest and even international advocates urging the importance of Washington's decision for the future of this industry in communities worldwide.

These efforts are just one example of the countless milestones and accomplishments we've celebrated and made possible together since we launched the Our Sound, Our Salmon campaign five years ago to protect wild salmon, killer whales, and the health of Puget Sound from this dangerous industry. All of these efforts will now culminate in Commissioner Franz's pivotal decision.

But this fight isn't over and Cooke Aquaculture is a billion-dollar corporation actively fighting tooth and nail to continue using our public waters to profit at the expense of the health of Puget Sound. If we don't speak out now, we risk the threat of another decade of chronic pollution, viral outbreaks, and massive escape events. With only days until Cooke's leases are expired, this is your last chance to fight for the future health of Puget Sound.

Don't wait, take action today by urging Commissioner Franz to make the right decision for wild salmon, orca, tribal treaty rights, and the health of Puget Sound.

---

Working Together to Protect Puget Sound

For over two decades, Wild Fish Conservancy has been watchdogging the industry, advancing our region's scientific understanding of the risks net pens pose, and working with colleagues around the world to bring an end to this practice in public waters. 

Your support makes it possible for us to stand up and react quickly to the commercial net pen aquaculture industry as we work to end this practice in Puget Sound and protect our public waters for benefit of all.

BREAKING NEWS: CANADA WILL PHASE OUT BC OPEN WATER NET PENS

BREAKING NEWS

Canadian Government Will Phase Out All Open Water Net Pens from British Columbia

In our last news post, we shared two pending major decisions being made by Washington State’s Commissioner of Public Lands and Canada’s Minister of Fisheries that will determine the fate of the industry in Washington and British Columbia and possible throughout the Pacific Coast.

We are thrilled to share incredible and historic news! In a press release yesterday, Canada's Minister of Fisheries Joyce Murray announced that the Canadian government is taking bold action to phase out all open net pen aquaculture in British Columbia’s coastal waters.

In the coming weeks, the Canadian government is planning to share a draft framework that will guide this transition away from open net pen salmon aquaculture. Between now and the spring 2023, Minister Murray's office will consult with local governments, First Nations, industry, and the public in each region to guide the development of the final transition plans for these facilities.

In the meantime, Canada has denied the renewal of 19 licenses in the Discovery Islands and is only issuing temporary 2-year license renewals for the rest of the coast. Two years is less time than a full grow out cycle for Atlantic salmon, signaling the government's likely intent is for operators to grow out what fish remain ahead of the phase out, not to plant new fish.

Wild juvenile salmon infected with sea lice during a devastating coastwide outbreak in the spring of 2020. These outbreaks were most severe in the Discovery Island region where independent biologists reported 97% of all fish sampled were infected with potentially lethal levels of sea lice. In 2020, Canadian prohibited restocking of 19 salmon farms in the Discovery Islands. These facilities are vacant today and wild salmon migrating through that region are free of sea lice for the first time since sea lice research began in that region in 2005. Yesterday’s decision confirmed no new leases for these 19 facilities will be granted.

The Minister’s announcement included a mandate for the transition to occur in a manner that will prioritize wild salmon, the environment, and the economy, and stated a commitment to “establish[ing] Canada as a world leader for the next-generation aquaculture industry.” Meeting all of these commitments will require a total transition out of public waters to sustainable land-based, closed-containment systems. Companies like Nova Scotia’s Sustainable Blue already operating throughout the US and Canada are working models demonstrating land-based facilities can be ecologically, economically, and socially viable.

As a result of Canada’s major decision, Washington state is now the only jurisdiction on the entire North Pacific Coast that has not committed to ending or banning this practice in public waters.

All eyes have now turned toward Washington state two remaining leases that authorize the industry to operate will expire in 2022 after decade long tenures. Commissioner Franz’s upcoming decision expected any day over whether or not to issue new leases to Cooke Aquaculture is now more important than ever, as it would unite the coast in eliminating this major and significant risk to wild salmon and marine health.

Tell Commissioner of Public Lands Hilary Franz:

Stop Leasing Our Public Waters for Commercial Net Pen Aquaculture and Restore Puget Sound for the Benefit and Use of All

A Second Court Rejects Cooke Aquaculture’s Challenge Over Termination of Port Angeles Net Pen Lease

This week, Cooke Aquaculture faced yet another legal defeat when a second Washington court rejected their efforts to sue Washington state over the termination of the company’s lease for their Port Angeles net pen operation.

On Tuesday, Washington’s Court of Appeals issued an opinion affirming a lower court ruling upholding the Department of Natural Resources’ (DNR) decision to terminate the lease.

The Court’s decision represents another major step forward in the public’s hard-fought efforts to remove this dirty industry from Puget Sound waters. Our Sound, Our Salmon applauds the Courts for putting our natural resources and the interest of the public ahead of this powerful corporate interest.

Cooke Aquaculture’s net pens in Port Angeles Harbor prior to being removed after the termination of the lease in December 2017.

This week’s decision concludes a nearly four-year appeal process that began in early 2018 when Cooke filed suit against DNR, arguing the agency had wrongfully terminated the lease ahead of the 2025 expiration date. In 2020, a Thurston County Superior Court Judge rejected Cooke’s challenge and the company appealed the decision to the Court of Appeals which issued the opinion this week.

DNR terminated the lease in December 2017 after an investigation revealed various violations at the Port Angeles facility, including operating outside of its boundaries, failure to pay rent timely, and not operating the facility in a safe condition. Shortly following the termination, the net pens were completely removed from Port Angeles Harbor. 

“My duty to the people of Washington is to protect our state lands and waters, while also generating revenue for schools, essential services, and restoration of natural areas like Puget Sound. After the collapse of Cooke’s Cypress Island net pen in August, which released 160,000 non-native salmon into our waters, I directed my staff to inspect every net pen site in the state to ensure that Cooke was meeting its contractual obligations and that our waters are safe.

 “It is now clear that Cooke has been violating the lease terms for its Port Angeles net pens. In light of this violation, and in fulfillment of my commitment to protect our lands and waters, I am terminating the lease.”

Hilary Franz, Commissioner of Public Lands, December 17, 2017

This week the Court overwhelming rejected Cooke’s opinion that the decision to terminate the lease was arbitrary and capricious, finding DNR’s decision “was based on facts supported by substantial evidence, pursuant to plain terms of the contract, was well reasoned and made with due regard to the facts and circumstances.” 

Cooke Aquaculture was found at fault for the August 2017 collapse of their Cypress Island net pen within the Cypress Island Marine Reserver and Conservation Area. The collapse released over 260,000 nonnative fish into Puget Sound that were infected with an exotic, debilitating virus. Photo: Wild Fish Conservancy

Cooke is also suing DNR in a separate ongoing lawsuit over the early termination of the company’s Cypress Island lease.  The lease was terminated following the 2017 catastrophic collapse of a Cooke net pen that released over 260,000 nonnative Atlantic salmon infected with an exotic virus into Puget Sound.

FURTHER READING: Washington state cancels lease for Cooke Aquaculture Atlantic salmon farm near Cypress Island | The Seattle Times

A comprehensive investigation by DNR and other Washington agencies found Cooke at fault for the collapse and Cooke was also required to pay $2.75 million in Clean Water Act violations in a lawsuit brought by Wild Fish Conservancy. The collapse also resulted in Washington passing a landmark and widely celebrated law banning all nonnative Atlantic salmon finfish aquaculture, Cooke’s only enterprise at the time.

“I hope the public will join me in thanking Commissioner of Public Lands Hilary Franz and her department for their unwavering commitment to protecting Puget Sound in the face of Cooke’s meritless, costly, and time-consuming lawsuits. Under Commissioner Franz’s leadership, DNR has a proven record as the only regulatory agency in Washington willing to take bold action to hold this dangerous industry accountable.”

Kurt Beardslee, Executive Director of Wild Fish Conservancy & Founder of Our Sound, Our Salmon

In a controversial decision, the Washington Department of Fish and Wildlife permitted Cooke in 2020 to begin rearing steelhead in their Puget Sound net pens where the company holds valid leases. With the Cypress Island and Port Angeles leases terminated by DNR, Cooke only holds valid leases for two net pen sites in Puget Sound. Both leases will expire next year, and Cooke will need to apply and secure new leases from DNR to continue operating in Washington. In a letter to Cooke earlier this year, DNR warned the company that the agency has not yet decided if they will issue Cooke new leases.

This week’s Court decision could not have come at a more important time. With Cooke’s only existing leases set to expire next year, DNR is in a critical decision-making period that will determine the future of this industry in Puget Sound. The Court’s decision removes any opportunity for Cooke to try and recover millions in lost revenue from DNR, which would have provided Cooke important leverage to potentially negotiate their future and new leases in our public waters.

In July 2020, Wild Fish Conservancy submitted official applications to DNR requesting to lease all of the sites used by Cooke for commercial net pen aquaculture. This alternative proposal, the Taking Back Our Sound Restoration Project, seeks to hold these waters in public trust for the sole purposes of restoring these polluted sites to their natural state and restoring the public’s access to over 130 acres of Puget Sound that have been restricted for private profit for over three decades.

Through the Our Sound, Our Salmon campaign — Taking Back Our Sound — this proposal is now supported by a broad-based coalition of over 100 businesses and organizations and over 6,000 individuals who have signed onto the petition to Commissioner Franz calling on DNR to not extend, renew, or reissue leases for commercial net pen aquaculture in Puget Sound and to instead lease these waters for this unprecedented restoration project.

The expiration of these leases comes only once in a decade and offers the public a rare opportunity to work together to take back our sound from the net pen industry. Cooke’s first lease will expire in March 2022, therefore it’s critical at this time that we continue to work together to call on DNR to make the right decision for wild fish and the health of Puget Sound.

Add your name to the petition to Commissioner Franz!

Sign on your business, organization, or group!

WE DID IT!

Washington Agencies Agree to Provide Additional Time for Public to Comment on Important Commercial Net Pen Management Plan

Earlier this week, we shared the alarming news that Washington state agencies failed to provide the public a fair and adequate opportunity to weigh in on the draft Guidance for Commercial Marine Net Pen Aquaculture, a vitally important and far-reaching plan that will guide how local and state governments manage commercial net pens in Washington's public waters.

Today, after members of the Our Sound, Our Salmon coalition and others called out Washington agencies for failing to provide adequate time and notice of this opportunity to comment, Washington state agencies agreed to extend the comment period deadline from June 21st to August 5th.

This week's efforts and success highlight the important role the Our Sound, Our Salmon coalition continues to play in watchdogging this industry, as we aggressively move forward our campaigns and legal strategies to permanently remove this industry from Puget Sound.

Thank you to everyone who submitted an extension request and helped draw attention from all levels of government to the fundamentally broken process undermining this public review.

The additional 48-days provided by this extension will ensure organizations like Wild Fish Conservancy and other members of the public have time to adequately review the draft guidance and meet the true intent of public review— providing thorough and detailed comments that are informative to agency officials and ensure government decision-making is transparent, evidence-driven, and equitable.

In the coming weeks, we will be sure to share a summary of our primary recommendations to serve as a guide and reference as you develop your own comments on this detailed and technically complex plan. Information on this public comment period is available on the Department of Ecology's website.

Thanks again to everyone who helped to hold our state agencies accountable for correcting this broken public process and ensuring the public has a fair and adequate opportunity to comment on how commercial net pens in Washingotn are managed.

URGENT ACTION ALERT

Submit a Request to Extend the Public Comment Period on Important Commercial Net Pen Management Plan

If you believe the public deserves adequate time and notice to provide input on how commercial net pens operating in public waters are managed, take the important action below today!

Right now, Washington state agencies responsible for regulating the commercial net pen aquaculture industry are holding a public comment period on the draft State Guidance for Commercial Marine Net Pen Aquaculture, a long-lasting and far-reaching plan that will guide how commercial net pens are managed by Washington local and state government officials.

This plan has been in development by the Departments of Ecology, Fish and Wildlife, Natural Resources, and Agriculture since 2015, yet the public has only been provided 21-days to review, digest, and provide informed comments on over 100 pages of complex and technical information.

To make matters worse, state agencies have provided little to no public notification of this opportunity so many organizations, elected officials, local businesses, and members of the public with serious concerns over how this industry is managed in Washington state, remain largely unaware of this important opportunity with only six days left to provide input.

In 2019, during the comment period reviewing Cooke Aquaculture’s new steelhead marine net pen proposal, agencies reported unprecedented public participation with over 3,500 unique comments. In this case, agency officials extended the comment period on two separate occasions to ensure the public had adequate opportunity to comment. The draft plan currently being reviewed is more detailed and larger in scope, clearly demonstrating the need for the agencies to extend the current comment period.

HERE’S WHAT TO DO:

SEND AN EMAIL TO: casey.dennehy@ecy.wa.gov, Casey Dennehy

INCLUDE IN YOUR EMAIL:

• a request for a 90-day extension of the current public comment period on the draft State Guidance for Commercial Marine Net Pen Aquaculture

EXAMPLE:

Casey,

I am writing to request a 90-day extension of the current public comment period on the draft State Guidance for Commercial Marine Net Pen Aquaculture. I only learned about this opportunity to comment today and need more time to review this 100 plus page document and make informed comments.

[Optional: Include a personal reason or concerns for your interest in submitting comments on the management of commercial net pen aquaculture]

Thank you,

[Your Name]

QUESTIONS? REACH OUT!
info@wildfishconservancy.org or call Emma Helverson at 484-788-1174

Washington Supreme Court agrees to hear case that could reverse approval of Cooke's steelhead proposal

The ongoing legal challenge seeking to reverse the State’s approval of Cooke Aquaculture’s proposal to rear steelhead in their banned Atlantic salmon net pens will be decided in Washington’s highest court.

We are excited to report that in March, we were notified by the Chief Justice of the Supreme Court that the department reviewing our request unanimously agreed to enter the case for hearing and decision, denying requests from Cooke and the Washington Department of Fish and Wildlife (WDFW) to reject the case.

On March 19, we officially filed our opening brief in the case asking the Washington Supreme Court to reverse the lower Court decision, find that WDFW violated SEPA with their insufficient review, invalidate Cooke’s permit and the underlying SEPA determination, and to begin preparing an EIS.

Background

In February of 2020, Wild Fish Conservancy and our partners at the Center for Biological Diversity, Center for Food Safety, and Friends of the Earth, filed a lawsuit against the Washingotn Department of Fish and Wildlife (WDFW) for violating state law by permitting Cooke's new proposal without requiring a comprehensive environmental impact statement (EIS). This type of review would have fully analyzed the risks posed to wild fish, water quality, and the overall health of Puget Sound.

In November 2020, a lower Court made an unfortunate ruling to uphold WDFW’s approval of Cooke’s steelhead proposal stating the Court did not have the scientific expertise necessary to overrule the agency’s opinion. As a result, the Judge was unable to consider the merits of the lawsuit and deferred to WDFW on the very decision and underlying scientific review being challenged.

Appealing to Washington’s Highest court

With the merits of the case unresolved, Wild Fish Conservancy and our partners promptly and without hesitation filed an appeal of the lower Court’s decision. Given the urgent need for a timely ruling in the case and the overwhelming public interest in the outcome, we made the decision to file our appeal straight to the Washington Supreme Court, skipping over the Appeals Court all together.

We knew the decision involved risk, but with its increased capabilities and resources, Washington’s highest Court would be far more capable and prepared to address the technical merits of this case moving forward.

WDFW and Cooke both submitted documents to the Court requesting that the Supreme Court deny our request and reject the case. The argued “WDFW’s SEPA review is not an issue of broad public import warranting direct review by this Court.”

An ironic statement considering the agency acknowledged the public’s participation in the public comment period of WDFW’s SEPA review was unprecedented, needing to be extended twice to accommodate the thousands of individuals, Tribal Nations, state agencies, public officials, businesses, and organizations overwhelming opposing WDFW’s decision and calling for an EIS.

We are excited to report that in March, we were notified by the Chief Justice of the Supreme Court that the department reviewing our request unanimously agreed to enter the case for hearing and decision.

On March 19, we officially filed our opening brief in the case asking the Washington Supreme Court to reverse the lower Court decision, find that WDFW violated SEPA with their insufficient review, invalidate Cooke’s permit and the underlying SEPA determination, and to begin preparing an EIS.

We will be sure to keep you updated as the case moves forward in 2021.