Limit Offshore Industrial Aquaculture
Background
Aquaculture is the cultivation of aquatic animals or plants, and as is true of land-based agriculture, it is practiced in many different ways. In short, properly managed shellfish and kelp farming can make the ocean healthier, while finfish farming is dirtier and much riskier. In the Northeast, legislators are supporting efforts to develop oyster and kelp farming, which which clean the water and support aquatic biodiversity, while Hawaiian lawmakers are supporting millennia-old Native fishing practices that contribute to food sovereignty. This section, however, focuses exclusively on offshore industrial aquaculture facilities, the “factory farms” of the sea. To discuss support for other kinds of aquaculture, please contact us at agriculture@stateinnovation.org.
Industrial-scale fish farms pose similar environmental and economic threats to the local ecosystem and community as those posed by land-based concentrated animal feeding operations (CAFOs). Fish farms threaten recreationally and commercially important wild fish stocks. Like hogs or chickens in CAFOs, industrially-farmed fish are densely stocked in pens, with the primary difference being that the pens are floating nets.
Farmed fish are bred to grow larger and more quickly than their wild counterparts, which means that if they escape their pens, they are likely to outcompete wild fish for food and habitat. Densely-stocked animals are more prone to disease, so as in land-based CAFOs, these operations often rely on antibiotics or other drugs to keep the fish healthy. Pollution is a significant concern,[1] as the penned fish emit a cloud of medication, uneaten feed, and excrement into the surrounding water, causing nutrient imbalance, algal blooms, and hypoxia (so-called “dead zones”). State jurisdiction over fishing laws extends three miles offshore. Alaska has banned commercial finfish (as opposed to shellfish) farming within its three-mile state limit. Federal waters extend from three to 200 miles offshore, regulated by the National Oceanic and Atmospheric Administration (NOAA). All 35 Coastal and Great Lakes states and territories (except Alaska) participate in the National Coastal Zone Management Program (NCZMP), in which each state or territory administers its own coastal management plan under NOAA’s guidance and approval. Each state’s management plan provides consistency between federal and state agency decision making for the coastal region, and local governments rely on the plans to make their decisions. State policymakers can communicate with the agencies that administer the NCZMP in their state that industrial aquaculture does not belong in federal waters. It is also worth noting that at the federal level, the last few Congresses have considered the AQUAA Act (Advancing the Quality and Understanding of American Aquaculture), which would instead further open the U.S. to fish farming, to the detriment of our coastal regions. U.S. lawmakers should take note from communities fighting this extractive industry around the world. For example, Argentina banned aquaculture after witnessing the destruction that salmon farms caused in Chile’s coastal communities and marine environment. Norway imposed a tax on salmon farm companies operating within their waters, and Canada has stopped renewing permits for marine aquaculture.[2] As countries regulate offshore aquaculture, the industries are pushing back, as illustrated by a recent fight between the Canadian Aquaculture Industry Alliance and an environmental group.[3] Developing relationships with community-based advocates who are tracking this issue and industry opposition is a good way for coastal state policymakers to stay abreast of pushback – and to build a movement for positive policy change. To learn more about industrial aquaculture, check out these additional resources from SiX and our trusted colleagues [1] Stanford University. “When Fish Farms Are Built along the Coast, Where Does the Waste Go?” ScienceDaily, 25 Feb. 2009, https://www.sciencedaily.com/releases/2009/02/090215151758.htm. [2] https://ag.stateinnovation.org/six-takeaways-aqua/ [3] “Salmon Farmers Strike Back Against Anti-aquaculture Campaign.” The Fish Site, 7 Dec. 2023, thefishsite.com/articles/salmon-farmers-strike-back-against-anti-aquaculture-campaign.
Policy Priorities
- State Coastal Zone Management Programs should not include industrial-scale aquaculture and should instead prioritize the health of wild fish stocks, ecosystem integrity, and the livelihoods of independent fishing communities.
State Examples
- Alaska (AK Statute Chap. 40.3 §16.40.210) bans commercial finfish farming within its state waters.
- Maine is the only state with oceanic salmon farms in state waters, but after a Norwegian company proposed building a huge salmon facility not far from Acadia National Park,[4] the legislature passed a bill (2023 ME LD 1951) to limit total acreage of finfish farming leases and stocking density.
- Washington’s Public Lands Commissioner Hilary Franz issued an executive order (Commissioner’s Order 202211) banning new leases for net-pen aquaculture of non-native fish, though its effect was subsequently blunted by a court ruling.[5] Vermont Law Review suggests a legislative fix to make the ban stick.[6]
- California (CA Fish & Game Code § 15007) makes it unlawful to “spawn, incubate, or cultivate any species of finfish belonging to the family Salmonidae, transgenic fish species, or any exotic species of finfish.”
[4] “New Resource Warns About Finfish Aquaculture.” National Fisherman, Mar. 2023, www.nationalfisherman.com/when-does-a-fish-farm-become-a-monster.
[5] “Washington State’s Commercial Net Pen Ban ‘Has No Legal Effect,’ Court Says; Commissioner’s Order Ruled as ‘An Internal Policy Directive’ — Not a Ban.” Perishable News, 23 Oct. 2023, www.perishablenews.com/seafood/washington-states-commercial-net-pen-ban-has-no-legal-effect-court-says-commissioners-order-ruled-as-an-internal-policy-directive-not.
[6] “Creating Problems for Salmon Else: The Loophole in Washington State’s Phase-Out of Net Pen Aquaculture.” Vermont Law Review, 22 Apr. 2024, lawreview.vermontlaw.edu/creating-problems-for-salmon-else-the-loophole-in-washington-states-phase-out-of-net-pen-aquaculture.
Toolkit
Inspired? Ready to dig in on these issues with your rural neighbors? Our practical communications toolkits will help you connect with new communities through common values. The toolkits provide examples on narrative framing, press release templates, sample talking points, and more.
Click here for the communications toolkit on Promoting Environmental Stewardship.