Saving Seafood

Gulf fish farming project at risk as judge pulls nationwide permit

May 2, 2025 — A federal judge repealed a nationwide permit for industrial fish farming off the coasts of Florida and California. Instead, the company leading the project will have to turn to individualized permits.

Ocean Era, a Hawaii-based company, proposed a series of industrial fishnets, including three that would be located roughly 45-miles southwest of Sarasota.

Their proposal predates a President Donald Trump 2020 executive order that initially created these “blanket” permits that could be granted by the Army Corp of Engineers.

With U.S. District Judge Kymberly Evanson revoking the nationwide permit on March 17, Ocean Era would have to turn to individualized permits to create fish farms.

Read the full story at WUWF

NEW YORK: Dire Straits: Montauk Inlet Emergency Dredging to Restore Safe Passage for NY’s Top Fishing Port

February 20, 2025 — So much sand built up in Montauk Inlet that commercial fishing boats bumped the bottom, ran aground, some large trawlers were forced to dock in Rhode Island, and surfers rode waves crashing over the shoals.

It was dire straits for the largest commercial fishing port in New York State until a U.S. Army Corps of Engineers’ dredge ship that arrived over Valentines Day weekend began the emergency project to make the inlet safely passable again. The arrival came two weeks after the agency secured funding for the project and surveyed the inlet to verify reports that shoaling made for dangerously shallow waters in parts of the inlet, especially at low tide.

“It’s been a really treacherous situation,” Bonnie Brady, executive director of the Long Island Commercial Fishing Association in Montauk, told Dan’s Papers. “The month of January was pretty much a loss to the packhouses. The inlet was three feet in places.”

Read the full article at Dans Papers

Federal permit for massive Alaska gold mine fails in court challenge

October 1, 2024 — A federal judge on Monday ruled that the U.S. Army Corps of Engineers and the Bureau of Land Management should have considered a far more catastrophic spill of chemical tailings before approving the Donlin Gold Project in Alaska.

Chief U.S. District Judge Sharon Gleason agreed with a group of Native American communities, who challenged a final environmental impact statement that the two federal agencies prepared and that only looked at the possibility of a failure involving 0.5% of the total capacity of the 2,351-acre tailings storage facility to be constructed as part of the mining operation.

“The court finds that federal defendants violated [the National Environmental Policy Act] by failing to consider a larger tailings spill and by characterizing a catastrophic spill as a ‘worst case’ and declining to assess such a scenario on that basis,” Gleason wrote. “A spill of more than 0.5% of the tailings volume is reasonably foreseeable because a person of ordinary prudence would take one into account in reaching a decision.”

The judge didn’t agree that the final environmental impact statement fell short in evaluating the project’s potential impact on human health or the impact of river barges on rainbow smelt subsistence fisheries, as the plaintiffs argued, but agreed with them that it violated the Alaska National Interest Lands Conservation Act by not considering the possible impact of a larger tailings spill on subsistence resources.

Read the full article at the Courthouse News Service

ALASKA: Army Corps to revisit parts of Pebble’s permit application, but opponents say mine can’t move forward

May 1, 2023 — The U.S. Army Corps of Engineers will reconsider certain aspects of the Pebble company’s permit application to build a large gold and copper mine at the headwaters of Bristol Bay. The 81-page report comes just three months after the Environmental Protection Agency vetoed the mine in a separate process.

“It’s a bit surprising and a bit confusing,” said Dennis McLerran, who worked as the regional EPA administrator during the Obama administration.

The EPA in January determined that the mine would have “unacceptable adverse effects on salmon fishery areas.” Using its powers under the Clean Water Act, it essentially vetoed the mine plan, and any future plan that would have a similar impact on the same waterways. Many opponents of the project hailed that as the final blow.

McLerran said the EPA decision nullifies any permit the Army Corps could issue.

Read the full story at KYUK

Army Corps to reconsider Pebble Mine permit denial

April 28, 2023 — The U.S. Army Corps of Engineers will review its 2020 permit denial of the Pebble Mine plan, potentially giving the project a longshot chance at survival.

After an appeal by the Pebble Limited Partnership, the agency’s reviewing officers issued an 81-page report April 24 that faulted some aspects of the permit decision by the Corps’ Alaska District. The administrative finding means the issue will be remanded back to the district for further consideration.

The Corps in 2020 rejected the Pebble partners’ application for permits to build an open-pit gold and copper mine upstream from tributaries to Bristol Bay, famed as the world’s most productive wild salmon fishery grounds, where activists for a decade had opposed mining.

The fortunes of Pebble backers have swung back and forth through three presidential administrations. In January 2023 the U.S. Environmental Protection Administration found the mine proposal to be incompatible with the federal Clean Water Act, precluding mineral development that would affect those salmon streams.

The Pebble Limited Partnership continues its legal appeals, but faces other barriers alongside the EPA decision. In December the Pedro Bay Corporation and Bristol Bay Heritage Land Trust finalized land conservation easements that would effectively block the Pebble developers’ preferred road route to the mining site.

Read the full story at National Fisherman

 

Washington shellfish aquaculture permitting challenged again

December 22, 2021 — For the second time in four years, the Center for Food Safety (CFS) has taken the federal government to court to keep the U.S. Army Corps of Engineers from approving projects in Washington state that expand shellfish aquaculture without considering their environmental impact.

The lawsuit, filed Monday, 19 December in U.S. District Court in Seattle, Washington, by CFS claims the Corps’ policies violate the Clean Water Act, the National Environmental Policy Act, the Endangered Species Act, and other federal laws. It comes after the Corps finalized a new permit in January 2021, during the final days of the Trump administration.

Read the full story at SeafoodSource

 

Alaska Native corporation deal with conservation nonprofit complicates planning for massive Pebble mine project

June 9, 2021 — Growing up in a village in Southwest Alaska, Sarah Thiele had a childhood defined by sockeye salmon.

Her father caught the fish in summer by the net-full as a commercial fisherman while her mother would cure and cold-smoke hundreds of fillets so Thiele and her eight siblings, plus the family’s team of sled dogs, could dine on sockeye year-round.

Now 66, Thiele is a board member of the Pedro Bay Corp., an Alaska Native group that owns land near Bristol Bay, the site of the most prolific sockeye fishery in the world. It is also the precise spot where the backers of the Pebble Mine hope to build a road to transport ore.

Late last month, Thiele and nearly 90 percent of the corporation’s shareholders voted to let the Conservation Fund, an environmental nonprofit organization, buy conservation easements on more than 44,000 acres and make the land off limits to future development – including the mining road.

“I feel like we are doing our mission of preserving our heritage and our pristine lands from any development,” she said. “That is totally our identity, the fish and our land.”

In exchange for the surface rights, the corporation would receive nearly $20 million, including $500,000 for education and cultural programs for those in the village.

Read the full story from The Washington Post at Anchorage Daily News

MAINE: Army Corps review of salmon farm requested

May 19, 2021 — Frenchman Bay Conservancy has formally requested that the U.S. Army Corps of Engineers conduct an environmental review and issue a statement under the U.S. Environmental Policy Act before any final decisions are made on American Aquafarms’ plan to raise 66 million pounds of Atlantic salmon annually at two sites in Frenchman Bay.

Frenchman Bay Conservancy has preserves totaling 8,000 acres in a dozen Maine towns and townships, including seven Hancock County communities.

The Maine Department of Marine Resources (DMR) is currently reviewing for completeness American Aquafarms’ March 3 lease applications to grow salmon at two 15-pen sites northwest of Long Porcupine Island and northeast of Bald Rock Ledge in Frenchman Bay. The Norwegian-backed company is expected to file by month’s end its wastewater discharge permit application to discharge a total of 4 billion gallons daily with the Maine Department of Environmental Protection (DEP). The company is proposing to release 2 billion gallons daily (23,775 gallons per second) at each of the 15-pen sites.

Sent to the U.S. Army Corps’ Senior Project Manager and Team Leader Jay Clement in Augusta, Frenchman Bay Conservancy’s May 17 letter also was signed by Hancock’s Crabtree Neck Land Trust, the Downeast Salmon Federation, the Maine Center for Coastal Fisheries in Stonington, Friends of Acadia, Friends of Frenchman Bay, Friends of Eastern Bay, Friends of Schoodic Peninsula as well as Springtide Seaweed LLC, Frenchman Bay Oyster Co. owner Graham Platner, Maine Coast Sea Vegetables proprietors Shep and Seraphina Erhart, Hancock fishermen Zach and Tyler Piper, MDI Biological Laboratory senior scientist Jane Disney and College of the Atlantic biologist Chris Peterson.

Read the full story at the Ellsworth American

Feds raise protections for North Atlantic right whales, but sea turtles may suffer

May 17, 2021 — North Atlantic right whales have gained protections and sea turtles are more imperiled under a new federal calendar for harbor dredging that came to light May 14 in a federal lawsuit that seeks to protect sea turtles.

The entire calendar for dredging at some seaports along the East Coast has been modified in an effort to increase protections for North American right whales, according to a federal report with the new calendar. This species has been reduced to a population of some 360 animals.

The change allows harbors to be dredged in warmer months in North Carolina and continuing south through Georgia and Florida, to the islands of Puerto Rico and the U.S. Virgin Islands. Dredging is routine maintenance and typically involves vacuuming up debris that has filled a shipping channel and impedes ships as they use a port. The process has a history of harming certain sea life.

Read the full story at The Saporta Report

Habitat Restoration Projects Offer Protection from Flooding

April 8, 2021 — The following was released by NOAA Fisheries:

Habitats like tidal marshes, coral reefs, and seagrass beds serve as natural infrastructure that can help protect our coastal communities from flooding, erosion, and storms. NOAA Fisheries works to restore habitat for coastal and marine species, and many of our restoration projects provide natural infrastructure benefits as well. Two NOAA Fisheries-supported habitat restoration projects that have helped reduce flooding are highlighted in a new resource from Engineering With Nature.

Almost half of the nation’s population lives near the coast. Many of these areas are at risk from flooding and rising sea levels. Natural infrastructure projects and other habitat restoration efforts offer communities a safe, effective, and affordable approach to coastal protection.

Engineering With Nature is an initiative of the U.S. Army Corps of Engineers. It focuses on developing and implementing nature-based solutions for infrastructure, engineering, and water projects. “Engineering With Nature: An Atlas, Volume 2” is a new resource showcasing 62 projects from around the world. They illustrate how nature-based solutions can help reduce flooding while providing additional economic, environmental, and social benefits.

Two projects supported by NOAA Fisheries are highlighted in the atlas:

  • The Southern Flow Corridor project in Tillamook, Oregon
  • A series of dam removals on Mill River in Taunton, Massachusetts

Both of these efforts have provided flood protection benefits, in addition to benefiting fish and their habitats.

Read the full release here