Washington state bans commercial finfish net pen farms

OLYMPIA, Wash. (CN) — Commercial net pen fish farming is no longer permitted in Washington state-owned waters after a state board approved the ban Tuesday afternoon.

The ban specifically targets commercial finfish net pen aquaculture operations — a term used to describe systems of nets, cages or other fish-containing methods used to raise and harvest fish — and does not apply to containment systems used to raise fish for tribal ceremonial purposes or to raise fish for open-water release.

Four members of the state Board of Natural Resources voted in support of the ban, while two abstained citing a desire for more research and interest in preserving commercial opportunities for tribes.

“Today, for the health of Puget Sound, I think this rule is essential to protect what we have and to keep moving forward with cleaning up the sound,” said Lisa Janicki, board member and Skagit County commissioner.

State Commissioner of Public Lands Hilary Franz issued an executive order directing the department to make necessary rule changes to end commercial finfish net pen aquaculture in November 2022. The executive order came days after canceling leases with Cooke Aquaculture, a seafood company that had long operated net pens in state water leading up to a disastrous net pen collapse in 2017.

The Cooke net pen collapse, which released around 250,000 nonnative Atlantic salmon into the water surrounding its Cypress Island net pen in Skagit County, loomed large over the meeting.

The net collapse occurred shortly after Franz began her first term and coincided with a raging wildfire season, an event she recalled while discussing the ban.

“Our response effort was frankly similar to actually responding to catastrophic wildfires,” Franz said.

Containing the fish proved more challenging than containing a fire, Franz said, as the fish moved quickly to new waters.

“The top priority is ensuring protection of habitat and fostering public access for future generations,” Franz said.

Following the net pen collapse, the Legislature passed a bill preventing the Department of Natural Resources from approving any new leases for nonnative marine finfish aquaculture.

“The ability to generate income comes only when it is in actual concert and support of those two significant goals, ensuring environmental protection and encouraging the direct public use and access for our waterways,” Franz said.

Alaska, Oregon and California have banned finfish net pen farming and Canada announced open-water salmon net pen aquaculture will be banned by mid-2029. Franz said the state is trailing behind other coastal states in enacting a ban.

“Given the state of our Puget Sound, the number of listed threatened and endangered salmonids and orcas and the continued annual decline, as we heard from many of our tribal leaders today, avoidance of impacts, I believe, is our legal and moral responsibility,” Franz said.

In over two hours of public comment preceding the vote, the board heard diverging opinions from tribal nations.

“This ban is overbroad and it bans the Jamestown S’Klallam Tribe from engaging in net pen aquaculture in its own historical territory,” Lauren Rasmussen, attorney for the tribe, said.

The Jamestown S’Klallam Tribe sued the department in 2022, arguing they had not been consulted or considered especially given its pursuit of commercial native species fish farming.

In contrast, the Lower Elwha Klallam supported the ban as an effort to clean the state’s waterways and restore salmon populations.

“In the opposition of the net pens, the tribe strongly believes the adoption and the proposed rule ban and commercial net pens aquaculture on the state-owned aqua lands is the most responsible action the board can take to safeguard the tribe’s treaty rights and protect the salmon runs,” said Frances Charles, chairwoman of the Lower Elwha Klallam.

Frances wrote an opinion piece for the Seattle Times, published two days before the vote, urging state leaders to approve the net pen ban. Leonard Forsman, chairman of the Suquamish Tribe, and Swinomish Tribal Community chairman Steve Edwards joined the article.

“For Indigenous communities, salmon are more than a resource — they are a way of life,” Frances wrote. “The proposal to ban these operations is not just about protecting the environment — it is about upholding tribal sovereignty, respecting treaty rights and preserving the traditions that have sustained our peoples since time immemorial.”