Joel Richardson, Cooke Aquaculture’s vice president of public relations, said the company welcomes the Washington court decision

State Supreme Court OKs Cooke Aquaculture steelhead farming

UNITED STATES
Monday, January 17, 2022, 00:20 (GMT + 9)

The following is an excerpt from an article published by Saltwire:

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Cooke Aquaculture is celebrating a legal win since Jan. 14, following a unanimous decision in an American court.

In Washington State Supreme Court, judges voted 9-0 to uphold a five-year permit granted to Cooke Aquaculture Pacific by Washington State Department of Fish and Wildlife to allow farming of Pacific steelhead trout in Puget Sound.

Cooke’s court battles in Washington began in 2020 when a coalition of environmental groups, including the Wild Fish Conservancy, challenged the department’s decision.

In November 2020, the Superior Court in Washington rejected that claim, saying the court did not have the scientific knowledge to overturn the fish department’s decision. https://www.saltwire.com/nova-scotia/business/cooke-aquaculture-threatened-with-lawsuit-in-washington-state-company-calls-groups-claims-outlandish-551903/

The conservancy persisted, however, launching an appeal of that decision in 2021.

It alleged the department erred when it concluded the steelhead net pen operation would not have a significant adverse impact on the environment, and had relied on “insufficient” data in its decision.

The agency told the court it had properly analyzed all reasonable potential impacts of the proposal through, among other things, a public consultation process and consideration of over 460 relevant scientific studies and reports from as recent as 2020.

The permit issued to Cooke also includes 29 mitigating conditions to minimize or avoid adverse environmental impacts.

“A comparison of the Atlantic salmon renewal permit and the steelhead trout permit reveals the relative extent to which WDFW imposed conditions on Cooke’s steelhead permit aimed at mitigating any potential environmental impacts,” the judges wrote in their final decision. “Both permits require Cooke adhere to the requirements set out in its plan of operation, fish escape prevention, response and reporting plan, and regulated finfish pathogen reporting plan."

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The steelhead permit also requires Cooke to update these plans annually in consultation with, and to be approved by, the department.

During the court process the conservancy also raised concerns about risks posed to net pens due to earthquake-induced tsunamis.

“However, the WFC does not cite to any evidence supporting its conclusion that a substantial tsunami is likely to occur during the life of these pens,” the judges concluded.

The full text of the court decision is here: No. 99263-1 - Wild Fish Conservancy et al. v. WA Dept. of Fish and Wildlife et al. (continues...)

Author/Source: Barb Dean-Simmons/saltwire.com  | Read the full article by clicking the link here

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