Federal Court Rules Lawsuit to Stop First U.S. Fish Farm Program Cannot Proceed Until Regulations are Developed
Washington, D.C. – Today a lawsuit filed by Food & Water Watch and other partnering organizations to stop development of industrial fish farms in the Gulf of Mexico was put on hold by a federal court ruling. Judge Gladys Kessler for the U.S. District Court of the District of Columbia decided that the important lawsuit could not move forward at this time, because the plan had no accompanying regulations to proceed.
“Industrial, offshore fish farms produce lower quality fish for consumers due to overcrowding and antibiotic use and are detrimental to the surrounding ocean environment,” said Wenonah Hauter, Executive Director of Food & Water Watch.
“Given the current challenges facing the Gulf, it is important that we avoid introducing any additional factors that could jeopardize the region’s socio-economic or environmental health. Factory fish farms do not exist in the federal waters off the coast of the U.S. for good reason, and we should keep it that way. This ruling is disappointing,” Hauter added.
In October of 2009, Food & Water Watch and several other organizations filed suit against the Secretary of Commerce, the National Oceanic and Atmospheric Administration (NOAA), and the National Marine Fisheries Service (NMFS), to stop the fish farming plan because it violated existing federal laws.
The plan, which must be approved by the federal government, was drafted by the Gulf of Mexico Fishery Management Council – one of several regional bodies that advise the federal government on fishery management issues. Among other issues, the lawsuit alleged that the government agencies involved had failed to conduct the legally required review of the plan before the agencies allowed it to become law.
In November, those defending the regional plan asked the court to dismiss the lawsuit because the plan could not be implemented until they issued separate federal regulations. Today, Judge Kessler agreed, saying that the lawsuit must wait.
“The bottom line is that the Gulf plan, which sets up a permit system to allow industrial fish farming facilities in federal waters, is illegal,” said Zach Corrigan, staff attorney for Food & Water Watch.
“When we protested, the administration simply ignored it. We had to sue to make sure the plan would not take effect immediately. Today’s decision unfortunately delays our day in court, but it also means that the federal government must first design regulations before the plan can go into effect. If those regulations are ultimately issued, we will re-institute the lawsuit,” Corrigan said.
In May, a bill to establish a national moratorium on offshore aquaculture was introduced. The Research and Aquaculture Opportunity and Responsibility Act, which would provide relief to struggling marine ecosystems, including those threatened by the recent Deepwater Horizon oil spill in the Gulf of Mexico, would ban offshore aquaculture until further research on its environmental and socio-economic impacts.
Congress is currently considering a conflicting bill, however, known as the National Sustainable Offshore Aquaculture Act of 2009. The Act would create a federal ocean aquaculture program.
“The National Sustainable Offshore Aquaculture Act of 2009 has been promoted as a federal initiative to regulate regional programs like the Gulf plan. The court’s decision today makes the National Sustainable Offshore Aquaculture Act of 2009 even more unnecessary, as it looks like open ocean aquaculture will not be a reality in the Gulf of Mexico or anywhere else anytime soon,” said Marianne Cufone, Director of Food & Water Watch’s Fish Program.
“As a matter of fact, the Act is not only unnecessary but harmful, especially to consumers, coastal and fishing communities and the environment, as it would streamline permitting for industrial fish farms in all federal waters, allowing them to become big business in the U.S.,” Cufone said.
Contact: Lauren Wright, Food & Water Watch: (202) 683-4929; lwright(at)fwwatch(dot)org