WA upholds ban on open-water ‘net pen’ salmon farms
SEATTLE - The Washington State Board of Natural Resources voted Tuesday to codify a ban on net pens, effectively outlawing open-water salmon farms in state-managed waterways. This decision comes despite pushback from the Jamestown S’Klallam Tribe and commercial fishermen.
Net pens are large cages or containment systems used in open water to cultivate and raise finfish like salmon. This method of commercial fishing has been a contentious issue for years. Proponents argue that banning net pens is crucial to protecting the environment. Opponents claim the ban infringes on treaty rights and threatens the livelihoods of commercial fishermen.
The impact of the ban will be felt by anyone involved in commercial fishing on the 2.6 million acres of state-owned aquatic lands managed by the Department of Natural Resources (DNR). This includes various tribes and commercial fishing operations across Washington State. DNR officials noted that tribes such as the Swinomish, Jamestown, Makah, Sauk-Seattle, Squaxin, Quinault, Lower Elwha, Suquamish, Lummi, Tulalip, and Puyallup all weighed in on the decision.
The proposal has sparked differing reactions from local tribes. The Elwha, along with the Suquamish and Swinomish tribes, view the ban as an essential step to preserve the region’s salmon populations and thereby the Southern Resident Killer Whales that rely on them.
"We’ve been battling against net pens for decades," said Leonard Foreman, Chairman of the Suquamish Tribe.
However, the Jamestown S’Klallam Tribe voiced concerns that the ban, as written, violates their treaty rights. The Boldt Decision of 1974, a landmark federal ruling, recognized the legal right of tribes to harvest fish on their ancestral lands and called for co-management between tribal nations and the state. Those opposed to the ban argue that it undermines this legal precedent.
"Nobody should be stopping Jamestown," said Loni Grinnell-Greninger, Tribal Vice-Chair of Jamestown S’Kallam. "We believe the current rule violates treaty rights by taking away the commercial arm, the commercial portion of our treaty rights."
The DNR head of Aquatic Research supported codifying the ban because of what happened during the 2017 Cypress Island incident, in which 250,000 non-native Atlantic salmon escaped into Puget Sound. The event triggered a massive response from DNR, the Washington Department of Fish and Wildlife (WDFW), and the Department of Ecology, all of whom worked to contain the fish and investigate the causes. An investigative report revealed several failures, noting that many open-water sites were neglected by the industry, despite promises of clean-up.
Despite the concerns raised by opponents, the DNR reported that the majority of public comments, about 80% supported the ban. However, those against the rule questioned the DNR’s authority, the adequacy of the science behind the decision, and the lack of proper mitigation measures.
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