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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.

 

NOAA Biological Opinion Concludes Marine Finfish Aquaculture Has No Adverse Impact on Salmon, Orcas, and Other Native or Endangered Species in Puget Sound

March 1, 2022 — The following was released by the Northwest Aquaculture Alliance:

NOAA’s National Marine Fisheries Service has released a biological opinion regarding marine finfish aquaculture in Puget Sound, finding little to no negative impact on native species such as endangered salmon, Orcas, or their habitat.

The NOAA analysis was initiated in October of 2018 to analyze the effects of the United States Environmental Protection Agency’s (EPA) approval of the Washington Department of Ecology’s Sediment Management Standards regarding marine finfish rearing facilities.

In its analysis, NOAA found that EPA’s approval:

  • Is “not likely to jeopardize the continued existence” of Puget Sound (PS) and/or Georgia Basin (GB) species, including Chinook salmon, PS steelhead, Hood Canal summer-run chum, PS/GB yelloweye rockfish, or PS/GB bocaccio.
  • Is “not likely to result in the destruction or adverse modification of the designated critical habitats for any of the listed species.”

In response to this opinion, the Northwest Aquaculture Alliance (NWAA), which advocates for the sustainable production of aquatic foods in the Pacific region, is calling on regulators and policymakers to follow the science in making key decisions regarding marine aquaculture in Washington waters.

Native Steelhead trout grown in Washington State by Cooke Aquaculture Pacific. Photo Credit: Cooke Aquaculture

“After years of meticulous research and study, the scientists at NOAA have concluded, with full scientific certainty, that net-pen aquaculture in Puget Sound is safe for the environment and safe for the endangered species that live in these waters,” said Jim Parsons, NWAA President. Parsons is also CEO of Jamestown Seafood.

“This study, along with the recent unanimous Washington Supreme Court decision upholding Cooke Aquaculture Pacific’s permit to raise native steelhead in Puget Sound, finally puts to rest one of the biggest myths of all: that fish farming has a negative impact on endangered Chinook salmon and Orcas,” Parsons said.  “As aquatic farmers, we depend on a healthy ecosystem to grow a range of aquatic food products–from steelhead trout to black cod to oysters, clams, mussels, and sea vegetables—instead of importing these foods. Sustainable aquaculture not only produces the nutritious, affordable food our world needs, but it also benefits working families in our rural communities.”

Parsons added: “Given the current world situation, it’s time for Washington to lead the way in delivering fresh, locally produced, seafood to consumers throughout the Pacific Northwest and the United States. We encourage our leaders to rely on science rather than politics or claims made by certain anti-aquaculture activist groups in making key decisions about the future of aquatic farming and the Blue Economy in Washington.”

Washington Supreme Court sides with Cooke, upholds fish-farm permit

January 14, 2022 — The Washington Supreme Court has sided with Cooke Aquaculture in a unanimous 9-0 ruling that upholds the company’s fish farming permits in the state.

The lawsuit has its origins in a five-year permit that the Washington Department of Fish and Wildlife (WDFW) granted to Cooke in January 2020, allowing the company to farm steelhead trout in Puget Sound and the Salish Sea. Soon after the permit was granted, a consortium of conservation and environmental groups including the Wild Fish Conservancy (WFC) filed a lawsuit challenging the permit, claiming the department was allowing the farms without fulling considering what the impacts would be on water quality in the surrounding areas.

Read the full story at SeafoodSource

 

How the Swinomish Are Reviving a Native Oyster and Protecting Eelgrass in Puget Sound

January 4, 2021 — The light of the October full moon bounced across the surface of Washington’s Similk Bay. Stuart Thomas stood ankle-deep in the ebbing tide, flipping black mesh bags filled with oysters.

He opened a bag and pulled out a handful of small ones, barely an inch across, shucking them quickly in the light of his headlamp. “These are Olympia oysters,” said Thomas, cheerful despite the midnight hour. The only oysters native to the state, they’re finally making a comeback after being driven nearly to extinction more than a century ago by overharvesting, habitat destruction and a commercial preference for introduced species, such as the Pacific oyster.

The flesh inside the Olympia’s shell is only the size of a quarter. It tastes sharp, briny and faintly of stone, more ancient, somehow, than the sweet and creamy Pacific oysters that are the mainstay of Washington’s farmed shellfish industry.

A self-proclaimed genetics nerd, Thomas is charged with reviving the Olympia oyster for the Swinomish Shellfish Company. The Englishman had spent years working in Washington’s commercial shellfish industry before joining the company, which is owned by the Swinomish Indian Tribal Community. Now he operates under a different set of rules, with a unique prime directive: Do not mess with the eelgrass beds.

“It was made clear to me early on that everything we were to do would have to be in line with protecting the environment,” said Thomas.

Less than 40 feet away from him, the eelgrass lay flat and unmoving at the water’s surface. Its stillness belied the importance it holds for the marine ecosystem in this part of the world. The grasses serve as a nursery, feeding ground and resting spot for a dizzying number of species up and down the food chain, from orcas to zooplankton, including virtually all the marine foods that Indigenous communities use.

Read the full story at Civil Eats

New Conservation Calculator Helps Protect Vital Nearshore Habitat in Puget Sound

November 16, 2021 — The Port Gamble S’Klallam Tribe is cleaning up and restoring past environmental degradation in Port Gamble Bay. The Tribe plans to remove an old and decrepit pier and boat launch and install a new one in a more accessible location.

Though mostly elevated, the new boat ramp and floating dock system would affect nearshore habitat. These are the rich shoreline areas where young Puget Sound Chinook salmon and steelhead put on their last growth before entering the open ocean. The impact meant that the Tribe had to work with NOAA Fisheries to assess habitat impacts using the new Puget Sound Nearshore Habitat Conservation Calculator.

NOAA Fisheries developed and introduced the Conservation Calculator last year as a science-based tool to assess the impacts of shoreline development on nearshore habitat. Nearshore developers now have two main choices. They must either:

  • Avoid or minimize the impacts of such development
  • Compensate for the impacts by restoring comparable habitat elsewhere in the same marine basin in Puget Sound, so that it benefits the same salmon populations.

Read the full story at NOAA Fisheries

 

Genetic Analysis Shows Beluga Whale in Puget Sound Likely Arrived from Arctic Waters

October 26, 2021 — Scientists have collected genetic material from the beluga whale that was first sighted in Puget Sound in early October. It indicates that the whale is likely from a large population of beluga whales in the Beaufort Sea, part of the Arctic Ocean north of Alaska.

The whale appears to have traveled thousands of miles south around Alaska through the Bering Sea and south to Puget Sound. It was last sighted on October 20 near Tacoma. The whale does not appear to be from the small and endangered Cook Inlet beluga population near Anchorage, Alaska.

The genetic analysis involved sequencing DNA extracted from a water sample collected near the beluga whale in Puget Sound earlier this month. This material is known as environmental DNA, or eDNA, because it comes from skin, fecal, or other cellular debris found in the environment near the animal.

Read the full story at NOAA Fisheries

 

WASHINGTON: Puget Sound tribe uses aquaculture to counter salmon shortages

October 18, 2021 — A new video from the Washington Policy Center (WPC) highlights the efforts of the Jamestown S’Klallam Tribe in the Puget Sound area to develop an aquaculture program to provide economic opportunity and a food source for its community.

“As we work to restore the salmon population in Puget Sound, tribes are finding creative ways to feed their members and become more self-sufficient,” said Todd Myers, environmental director at the WPC. “Tribes have the local control and flexibility that allows them to follow good science to manage aquaculture that is sustainable and provides good food.”

The late Kurt Grinnell, who was a tribal council member and general manager of the aquaculture program, explains in the video that just a few generations ago the local rivers and tributaries were filled with an unending supply of salmon. It got to the point though, that he shut down his fishing business because he was catching so few fish that selling them did not bring in enough money to even pay for the gas for his boat.

Read the full story at The Center Square

 

NMFS approves plan to restrict salmon fishing, protect orcas

September 17, 2021 — King salmon fishing could be cut back from Puget Sound to Monterey Bay if king salmon numbers fall too low to feed the 75 endangered Southern Resident orcas, under a plan approved Sept. 14 by NMFS.

Non-tribal fishing would be restricted when king salmon numbers appear heading toward that threshold — a key recommendation from a working group convened by the Pacific Fishery Management Council, including representatives from West Coast states, tribes, and NMFS.

In late 2020 the council adopted the work group’s suggestions, including limiting commercial and recreational fishing in certain places off California, Oregon, and Washington when estimated king salmon numbers north of Cape Falcon, Oregon, fall below a certain level of abundance.

That level would be set as the average of the seven lowest years of forecast king salmon abundance off the northern Oregon and Washington coasts, currently estimated at 966,000. In recent years salmon numbers held above that level, and 2007 was the last year when forecasts would have fallen below the threshold.

Read the full story at National Fisherman

 

Local Divers Plunge into Puget Sound to Count Endangered Rockfish

June 17, 2021 — The following was released by NOAA Fisheries:

Counting fish can be difficult. Fish move, hide, and reproduce; they eat and are eaten. Many have evolved coloration patterns and body shapes that help them avoid being seen. The small size of young fish makes them especially hard to see. They may show up at inconsistent times and places, or not at all, depending on unpredictable environmental conditions.

This was the quandary rockfish experts faced in 2017. The federal recovery plan for bocaccio and yelloweye rockfish in Puget Sound called for annual surveys of the endangered rockfish produced that year, also known as young-of-the-year fish.

Very little is known about how young fish join rockfish populations in Puget Sound, a process called recruitment. Sometimes few fish recruit into the population, despite adequate abundance of reproductive adults. When climatic and oceanographic conditions align, however, rockfish recruits arrive in near-shore habitats in great abundance. Understanding the conditions that lead to these boom years is key to developing management actions to protect and recover rockfish in the region.

That still left the difficult question of how to count tiny (less than 10 centimeters long) rockfish recruits throughout Puget Sound. The best option for NOAA was a collaborative effort with partners throughout the region, including community scientists who are also scuba divers. Scuba diving offers the opportunity to observe fish directly, including taking photos, with minimal disturbance or disruption of their behavior, and no mortality.

Read the full release here

Fisheries Group Sues Over Salmon Management

May 11, 2021 — While its standing in the federal District Court case involving the historic 1974 Boldt decision remains in question, Fish Northwest has filed another lawsuit.

The regional nonprofit, spearheaded by the owner of an Anacortes fishing charter company, filed a lawsuit in U.S. District Court for the Western District of Washington on April 28.

Read the full story at Seafood News

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