The State Board of Natural Resources for the U.S. state of Washington has voted to finalize a ban on finfish farming in state waters, codifying a ban that was first implemented unilaterally in 2022.
Momentum for a state ban on net pen aquaculture grew after the 2017 collapse of a Cypress Island fish farm operated by aquaculture company Cooke, which released hundreds of thousands of Atlantic salmon into state waters. Cooke was fined for the collapse, and ultimately, the state legislature passed a law ending Atlantic salmon farming in the state.
Cooke, in partnership with the Jamestown S’Klallam Tribe, responded by switching its farming operations from salmon to Pacific steelhead trout. Commissioner of Public Lands Hilary Franz, however, declined to renew their leases, and in 2022, she issued an executive order banning net pen aquaculture in the state.
Both Cooke and the Jamestown S’Klallam Tribe filed separate lawsuits challenging Franz’s order. While Cooke ultimately withdrew its appeal, a court ruled in favor of the S’Klallam Tribe, finding that Franz’s 2022 executive order “has no legal effect.” Instead, the judge declared that the executive order was simply the beginning of a rulemaking process to ban net pen aquaculture in the state. In response, the Washington State Board of Natural Resources has been working to complete the rulemaking process and codify the ban.
Representatives from the Jamestown S’Klallam Tribe testified against codifying the ban before the board, as did some commercial fishers, but they were unable to sway the members. Most of the testimony the board heard was in favor of the ban, with multiple Tribal leaders publicly speaking out against a return of net pen aquaculture.
“I thank our Tribal leaders for speaking out in defense of our home along the Salish Sea by supporting this rule to forbid open sea commercial salmon farms,” Franz said in a social media post ahead of the vote. “Their presence threatens to undo the decades and millions of dollars spent trying to restore salmon runs. By being clear that these salmon farms do not belong in Washington, we are ensuring waters full of life, not pollutants.”
Stronger America Through Seafood (SATS), a coalition of aquaculture stakeholders, criticized the board’s vote, arguing that it went against current evidence on the sustainability of net pen aquaculture.
“This decision in Washington is out of step with the growing bipartisan momentum for open ocean aquaculture across the country and in the nation’s capital, as Americans and environmentalists recognize that aquaculture can be conducted without harming the environment, is beneficial for our communities, and is a sustainable source of protein farmed here at home,” SATS Campaign Manager Drue Banta Winters said in a statement. “NOAA Fisheries has published several scientific reports and publications analyzing the effects of netpen Atlantic salmon farming in the Pacific Northwest. Together, these documents assess the risks associated with salmon farming, identify best management practices to minimize risks, and find no harm to Endangered Species Act (ESA)-listed salmonids from the operations of existing farms. Aquaculture is increasingly recognized by those on both sides of the aisle as a critical industry to boost our nation’s economy and ensure a steady supply of healthy, sustainable, American-raised protein. The U.S. should be making every effort to expand aquaculture in the U.S., and today's decision in Washington is a step in the wrong direction.”