Saving Seafood

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

 

Court revokes general permit for Washington shellfish growers

February 16, 2021 — A court in the state of Washington ruled in favor of a lawsuit to revoke the Clean Water Act general permit for the state’s shellfish farmers last week, shooting down an appeal by Pacific Coast Shellfish Growers Association (PCSGA).

The Center for Food Safety (CFS) and the Coalition to Protect Puget Sound filed the lawsuit against the U.S. Army Corp of Engineers last year, and in October of 2019 a federal court upheld the lawsuit, ruling the Corps’ Issuance of Nationwide Permit (NMP) 48 for shellfish farming unlawful.

Read the full story at Seafood Source

Court orders FDA to assess environmental impact of GM salmon

November 6, 2020 — A federal court judge ordered the U.S. Food and Drug Administration on Thursday to conduct an environmental assessment of genetically modified salmon that he said was required for the agency’s approval of the fish.

But the judge did not vacate the FDA’s approval of the salmon for human consumption in the meantime, because he said the risk for near-term environmental harm is low.

“The FDA has to go back to the drawing board and do its homework,” said George Kimbrell, legal director for the Center for Food Safety, one of the groups that filed suit challenging the agency’s approval of the genetically modified salmon.

The ruling by U.S. District Court Judge Vince Chhabria in San Francisco centers on AquaBounty’s salmon, which are genetically modified to grow faster than normal salmon. In 2015, the fish became the first genetically modified animal approved for human consumption in the U.S. After clearing other regulatory hurdles. AquaBounty began growing the fish in indoor tanks at an Indiana plant last year.

Read the full story at The Washington Post

Appeals court: NOAA can’t make rules for offshore fish farms

August 4, 2020 — A federal appeals court in New Orleans has upheld a decision that throws out rules regulating fish farms in the Gulf of Mexico.

The law granting authority over fisheries to the National Oceanic and Atmospheric Administration does not also let the agency set rules for offshore fish farms, the 5th U.S. Circuit Court of Appeals said in its 2-1 decision on Monday.

The farms use enormous open-topped nets or submersible pens to raise huge numbers of fish, including tuna, salmon, seabass and cobia, out in open water.

The government says fish farming, including that on the open sea, is vital to seafood production and can both provide jobs and protect species and habitats. Opponents say huge numbers of fish confined in nets out in the ocean could hurt ocean health and native fish stocks, and the farms would drive down prices and devastate commercial fishing communities.

Read the full story from the Associated Press at The Washington Post

Appeals court hears arguments on NOAA’s authority to regulate aquaculture

January 9, 2020 — The fight over whether offshore aquaculture should be allowed in US federal waters and which agency should regulate it is back in court with lawyers for a group of fishing and food safety interests arguing that new legislation is needed for the National Oceanic Atmospheric Administration (NOAA) to regulate it.

In September 2018, US district court judge Jane Triche Milazzo, in the Eastern District of Louisiana, granted a motion by the Center for Food Safety (CFS) and a coalition of fishing and public interest groups it represented to grant a summary judgment in its lawsuit against NOAA’s National Marine Fishery Service (NMFS) to block its efforts to establish aquaculture in the Gulf of Mexico.

CFS had successfully argued that the Magnuson-Stevens Act (MSA), which gives NOAA and NMFS much of their legal authority, gave the agencies authority over only wild-capture fisheries, not aquaculture.

Read the full story at Undercurrent News

‘Frankenfish’ Salmon Can Be Overseen by FDA Despite Concerns

December 23, 2019 — The Food and Drug Administration can regulate salmon that’s genetically engineered to grow faster, according to a decision in a California federal court case over concerns about so-called frankenfish.

Fishing, consumer, and environmental groups that challenged the FDA’s approval of such salmon from AquaBounty Technologies Inc. failed to convince the court that the agency lacks authority to regulate the fish. The U.S. District Court for the Northern District of California Dec. 19 sided with the FDA, leaving to a later date a decision on whether the regulator failed to consider potential risks.

AquaBounty won the FDA’s first greenlight for changing the genetic makeup of an animal destined for the dinner table. The case could have implications for similar modifications in the works for fish like tilapia and trout or other animals down the line, according to the Center for Food Safety, one of the groups that sued.

“That’s why we were so concerned about this approval,” said Amy van Saun, a senior attorney at the center. “We want to make sure people and the environment are protected.”

Genetically engineered salmon are meant as an alternative to endangered wild salmon. AquaBounty plans to harvest its salmon starting in late 2020.

Read the full story at Bloomberg Law

Judge: NOAA can’t regulate fish farming under fisheries law

September 27, 2018 — A federal judge in New Orleans has thrown out the National Oceanic and Atmospheric Administration’s rules for fish farms in the Gulf of Mexico, saying the agency lacked authority to make them.

Tuesday’s ruling halts a plan that would have allowed, “for the first time, industrial aquaculture offshore in U.S. federal waters,” according to the Center for Food Safety , which sued NOAA on behalf of what U.S. District Judge Jane Triche Milazzo described as “a bevy of special interest groups representing both food safety advocates and Gulf fishermen.”

The government considers fish farming, including that on the open sea, to be “vital for supporting our nation’s seafood production, year-round jobs, rebuilding protected species and habitats, and enhancing coastal resilience.” Opponents say huge numbers of fish confined in nets out in the ocean could hurt ocean health and native fish stocks, and the farms would drive down prices and devastate commercial fishing communities.

“It’s a landmark decision,” George Kimbrell, lead counsel for the Center for Food Safety, said in a telephone interview from San Francisco.

“NOAA wanted to do this sort of industrial permitting not just in the Gulf of Mexico but in the Pacific and along the Atlantic coast,” he said.

The agency was working on rules for waters around Hawaii and other Pacific islands.

NOAA is considering whether to appeal the ruling handed down Tuesday, it said in an emailed statement.

The decision doesn’t forbid aquaculture, the statement emailed by spokeswoman Jennie Lyons noted. “NOAA remains committed to expanding the social, environmental, and economic benefits of sustainable marine aquaculture in the U.S.” it said.

Read the full story from the Associated Press at The Washington Post