December 23, 2022 — Relentless Inc., Huntress Inc., and Seafreeze Fleet LLC, corporations operating in the herring fishery off the coast of New England, have filed an amicus curiae brief in support of Loper Bright Enterprises’ petition for a writ of certiorari in Loper Bright Enterprises, et al. v. Raimondo, et al. These Rhode Island small businesses urge the Supreme Court to review this case to (1) resolve the circuit split in how Chevron deference applies to agency actions under the Magnuson-Stevens Act (MSA); and (2) halt a regulation which allows the Nationalarine Fisheries Service (NMFS) to charge fishermen unlawfully for a government function Congress has not approved and apparently does not believe to be worth spending Americans’ tax dollars on. The New Civil Liberties Alliance represents amici here as parties in Relentless Inc., et al. v. U.S. Dept. of Commerce, et al., now pending in the U.S. Court of Appeals for the First Circuit.
Much at stake in US Supreme Court review of at-sea monitoring case
December 21, 2022 — Herring fishermen in the U.S. state of New Jersey are asking the U.S. Supreme Court to review their case challenging the at-sea monitoring program, a cause that has gained support from a wide variety of groups.
According to the Cause of Action Institute, which is representing the fishermen suing the federal government, 39 groups are part of 14 amicus briefs that have been filed in the case. That includes attorneys general from 18 states as well as the small business group NFIB, the Cato Institute, several legal foundations, and other fishing-industry stakeholders.
Seafood company sues over terminated fish-farming pen leases
December 19, 2022 — Cooke Aquaculture has filed an appeal against Washington state’s decision to end its leases for fish-farming with net pens in state waters.
Rhode Island fisherman support lawsuit over federal monitors
December 19, 2022 — Last month, a group of New Jersey fishermen filed a petition to the U.S. Supreme Court asking justices to stop the federal government from making them pay for workers who gather data aboard fishing boats.
At issue is a 2020 federal rule implemented by the National Oceanic and Atmospheric Administration that requires industry-funded monitoring. The monitors go out on commercial fishing vessels to collect data that’s used to craft new regulations.
NOAA announced earlier this month, that it was suspending the program until April, citing a lack of funding for administrative costs. The fishermen want the U.S. Supreme Court to declare the agency doesn’t have the power to require fishermen to pay the monitors.
Jamestown S’Klallam Tribe Files Lawsuit Against Department of Natural Resources Over Flawed Administrative Action Banning Marine Net-Pen Aquaculture in Puget Sound
December 16, 2022 — The following was released by the Jamestown S’Klallam Tribe:
Today the Jamestown S’Klallam Tribe took legal action to protect our Sovereign rights in response to the recent ill-informed and overreaching decision by Commissioner Hillary Franz and the Department of Natural Resources to ban sustainable marine net-pen aquaculture in Puget Sound waters.
“As a Tribe, we have always been conscientious stewards of our natural environment and look seven generations ahead in all that we do,” said W. Ron Allen, CEO and Tribal Chairman of the Jamestown S’Klallam. “Modern, well-regulated aquaculture is the environmentally responsible solution for producing seafood and exercising our Tribal treaty rights – now and into the future.”
“Tragically, population growth, pollution, poor environmental protections and development activities in the Pacific Northwest have negatively impacted our wild fish stocks,” said Allen. “We must have options available to take pressure off wild fish stocks through sustainable aquaculture which will aid listed stocks to regain sustainable levels and prevent their extinction.”
A vast array of scientific studies have repeatedly shown that well-regulated aquaculture is not an ecological threat to the Puget Sound marine environment. In March 2022, the National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service released an extensively researched biological opinion that studied marine finfish aquaculture in Puget Sound and found little to no negative impact on Puget Sound marine ecosystems, including native species such as endangered salmon, Orcas, or their habitat.
Farmed seafood requires the lowest energy demand of any sourced protein, a fraction of what is required to farm chicken, pork, or beef and produces far less greenhouse gas emissions than land-based agriculture. It seems only natural that Washington would embrace aquaculture as an industry that complements its own natural stock fisheries and allows our State to be a global leader in feeding the planet, and sourcing locally grown seafood in the most climate friendly way possible.
In addition to refusing to respect the science about marine net-pen aquaculture, this decision was highly undemocratic. Commissioner Franz has mistakenly usurped the authority of our Washington State Legislature to make public policy decisions, like the bipartisan bill passed in 2018 which allows native species marine net-pen farming in Washington waters.
Fish and shellfish have always been an integral part of S’Klallam culture as subsistence, as well as for the traditions associated with harvest, preparation, and celebration. For millennia, S’Klallam people fed their families with fish and shellfish, and traded their abundant harvest with other Tribes, devising methods for holding fresh catch, and preserving the harvest for future consumption. Our Tribe is desiring to take advantage of 21st century technology to advance this industry.
Food sovereignty, the ability to grow and provide one’s own food sources, builds self-reliance, independence, and confidence in our youth and community. That is all in jeopardy now due to Commissioner Franz’s announcement to end marine net-pen aquaculture in Puget Sound.
By taking legal action today, the Jamestown S’Klallam Tribe is strongly defending its sovereign right of self-governance and self-reliance by utilizing marine net-pen aquaculture to provide traditional sustenance and guarantee Tribal food security from our established fishery in our Usual and Accustomed Treaty Area in Puget Sound and the Salish Sea.
Cooke appeals lease denial of Washington State rainbow trout farms
December 14, 2022 — The following was released by Cooke Aquaculture Inc:
On November 14, 2022, the Washington Department of Natural Resources (“DNR”) abruptly issued notices to Cooke Aquaculture Pacific, LLC (“Cooke”) that it would not be renewing two rainbow trout farming leases located at Rich Passage and Hope Island in Puget Sound. Furthermore, DNR arbitrarily and unreasonably demanded that Cooke harvest all fish and remove all farm equipment from the sites within 30 days. The lease application denials were the culmination of Commissioner of Public Lands Hilary Franz’s five-year quest to “bury” Cooke and destroy aquaculture in Washington.
Just days later, Commissioner Franz again ignored science and legislative mandate by unilaterally implementing a politically self-serving executive action to ban commercial fish farming in the State of Washington.
Right after announcing the lease application denials and holding a press conference on the ban, Commissioner Franz pivoted to using the announcement to fundraise for her re-election campaign, a stinging insult to those employed by the aquaculture industry in the state who are now faced with losing jobs right before the holidays.
On November 23, 2022, DNR declined Cooke’s request for a reasonable amount of time to harvest fish and remove the equipment from the water. DNR arbitrarily agreed to give Cooke 31 additional days to harvest the fish and directed Cooke to remove all the equipment by April 14, 2023. Cooke has repeatedly explained to DNR why these deadlines pose a safety risk to its employees, risks to the environment, and the risk of financial loss in the form of destroyed crops. DNR has repeatedly and arbitrarily ignored these explanations.
DNR’s refusal to renew Cooke’s leases was punitive, arbitrary, and contrary to extensive scientific research completed by the Washington Department of Fish and Wildlife (“WDFW”), DNR’s sister agency that has primary responsibility to ensure the health of wild fish stocks in Washington. WDFW’s research concluded that farming of rainbow trout in Washington waters, as proposed by Cooke, would not have probable significant adverse impacts to the environment, and those conclusions were unanimously affirmed by the Washington Supreme Court in January of this year.
The decision is unjustified given the State Legislature’s confirmation that native species of fish can be farmed in Washington’s waters and the extensive work done by Cooke and multiple state agencies, including WDFW, to strengthen the regulatory framework governing marine farms. Cooke has enthusiastically worked collaboratively and transparently with regulatory agencies to identify areas of improvement and implement regulatory and monitoring processes to ensure that its operations meet and exceed the highest standards.
The Rich Passage and Hope Island farms have been present at the same locations for more than 40 years, with multiple lease renewals being granted by DNR to previous operators. Scientific studies and monitoring data have consistently shown that the Rich Passage and Hope Island fish farms do not have an adverse impact on the environment. The fish grown by Cooke are the exact strain of sterile rainbow trout used by WDFW to stock lakes and rivers throughout Washington.
The trout farms are an important part of domestic food production and are needed to curb a massive seafood deficit where 90% of seafood consumed in the United States is imported. Wild fish catches cannot meet the projected demand for seafood, and aquaculture is essential to preserving wild fisheries.
Given the deplorable actions of Commissioner Franz and DNR, Cooke has filed a complaint in the Superior Court of the State of Washington to appeal the lease renewal denial, to protect its employees, the environment, and its legal rights. Cooke is also seeking a preliminary injunction to secure a reasonable period of time to safely harvest the fish and remove the equipment remaining at the Rich Passage and Hope Island sites. Upon hearing the evidence and reviewing the files and records Cooke has asked the court to compel DNR and Commissioner Franz to produce, Cooke is confident that the court will conclude that DNR had no basis in law or science to deny the Rich Passage and Hope Island fish farm lease renewal applications.
‘Ignoring science’: Suit targets Washington fish farming ban, seeks stay for 300,000 trout
December 14, 2022 — Cooke Aquaculture on Wednesday morning filed a complaint in Washington State Superior Court to appeal the state’s decision to deny renewal of the Canada-based company’s fish farming permits for its Hope Island and Rich Passage farms.
In the 42-page complaint, Cooke also seeks a preliminary injunction to secure a reasonable period of time to safely harvest the 300,000 fish in the farms and remove the equipment at the sites.
The complaint is in response to the Nov. 14 announcement by the state that the last two remaining Puget Sound fish farming leases, held by Cooke, would not be renewed. Four days later, state Commissioner of Public Lands Hilary Franz announced by executive order an end to net pen fish farming in state waters managed by the Department of Natural Resources.
Alaska governor threatens to sue Biden EPA over state land development halt
December 6, 2022 — Alaska Gov. Mike Dunleavy says he’s prepared to sue the U.S. Environmental Protection Agency if it blocks the development of over 300 miles of Alaska-owned land.
EPA Region 10, which covers Alaska, Idaho, Oregon, Washington, and hundreds of Tribal Nations, recommended the agency finalize its decision to prohibit development of the Pebble deposit in the Bristol Bay area, the governor said. The EPA has 60 days to make a final determination.
The governor said he was concerned it could set a “dangerous” precedent by laying the foundation that unelected officials could stop the state from doing development projects in areas with wetlands and fish-bearing streams.
Mills, Maine delegation relieved by judge’s decision to delay stricter lobstering rules
November 21, 2022 — Maine’s governor and congressional delegation released a joint statement Sunday expressing relief that a judge has delayed for two years the implementation of lobster gear restrictions designed to protect endangered whales.
But they also emphasized that the action merely postpones the threat to Maine’s lobster industry and reiterated that the new restrictions do nothing to meaningfully protect endangered North Atlantic right whales.
Environmentalists had sought to force federal regulators to issue new rules within six months to protect the whales from fishing gear entanglements, but the National Marine Fisheries service said it needs to postpone implementation until the end of 2024.
Gov. Janet Mills, Sens. Susan Collins and Angus King and Reps. Jared Golden and Chellie Pingree released the statement Sunday morning.
Judge rules two-year extension before lobster industry regulation changes
November 18, 2022 — A Thursday afternoon opinion was confirmed with bipartisan agreement between environmental groups and Maine lobstermen intervenors to allow the federal government to come up with new regulations to reduce right whale entanglements.
Judge James Boasberg of D.C. ruled in favor of the two-year extension as new rules from National Marine Fisheries Service were set to be released this fall.
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