Saving Seafood

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

Future of Fish Farming in Federal Waters at Issue in Court

January 6, 2020 — The potential environmental and economic consequences posed by proposals for fish farming in federal waters dictate that Congress — not a federal agency — must decide how to regulate the industry, an attorney told a federal appeals court Monday.

At issue before the 5th U.S. Circuit Court of Appeals was a September 2018 ruling by a federal judge who threw out National Oceanic and Atmospheric Administration’s rules for fish farms in the Gulf of Mexico, saying Congress never gave the agency authority to make them.

An attorney for groups representing commercial and recreational fishing interests, food safety advocates and conservationists urged the three-judge appellate panel to uphold the 2018 ruling. Those groups cite numerous worries about the effect of fish farming on market prices for wild-caught fish and the effects on fishing communities, the environmental consequences of the use of antibiotics to control disease, the unpredictable genetic effects on wild, native fish stocks if farmed fish escape from farm pens and other concerns.

NOAA maintains that fish farming, including that on the open sea, is vital to future seafood production and can help provide year-round jobs while rebuilding protected species and habitats.

Read the full story from the Associated Press at the U.S. News

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

Plan to Establish Aquaculture in Offshore Waters Challenged by U.S. Conservation/Environmental Groups

New Orleans, LA — February 17, 2016 — Center for Food Safety has filed a new lawsuit challenging the National Oceanic and Atmospheric Administration’s (NOAA) new federal regulations permitting, for the first time, industrial aquaculture offshore in U.S. federal waters in the Gulf of Mexico. The plaintiff coalition CFS is representing in the case make up a broad array of significant interests in the Gulf of Mexico, including commercial, economic, recreational, and conservation purposes: the Gulf Fishermen’s Association; Gulf of Mexico Reef Fish Shareholders’ Alliance; Charter Fishermen’s Association; Destin Charter Boat Association; Clearwater Marine Association; Alabama Charter Fishing Association; Fish for America, USA, Inc.; Florida Wildlife Federation; Gulf Restoration Network; Recirculating Farms Coalition; and Food & Water Watch.

“Offshore industrial aquaculture will cause irreparable harm to the Gulf ecosystems and coastal communities,” said George Kimbrell, senior attorney for CFS and counsel for the plaintiffs. “We need to better manage and protect our native fisheries, not adopt destructive industrial food practices that put them at risk. This lawsuit, brought by a range of concerned stakeholders, aims to halt these shortsighted plans.”

“Our intention in being a part of this lawsuit is to not only help protect our members and commercial fishermen but to also help protect the fishing and non fishing public who depend on the wild fish stocks from damage that may occur from a numerous amount of various dangers from farm raising fish in open ocean pens in the Gulf of Mexico,” said Glen Brooks of the Gulf Fishermen’s Association.

The questionable federal permitting scheme, more than ten years in the making, is NOAA’s attempt to do an end-run around the United States Congress: multiple national bills that would have allowed and regulated industrial aquaculture never made it into law in the past decade. In an effort to push offshore aquaculture forward without a new law permitting it, NOAA exceeded its authority to regulate fishing under the Magnuson-Stevens Act and now plans to permit offshore aquaculture as a “fishing” activity.

Read the full story from The Fishing Wire