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In June, Fisheries and Oceans Canada announced that it would not renew licences for open-net pen salmon farms as of June 30, 2029.JONATHAN HAYWARD/The Canadian Press

A Washington state panel voted to ban all commercial fish farms that use an open-net system, making British Columbia the only jurisdiction on the upper West Coast to permit this type of fish farm.

The ban from Washington’s Board of Natural Resources on Tuesday followed a November, 2022, executive order directing the department to make necessary changes to end commercial net pen fish farms. Top reasons for the executive order included the threats from escaped salmon, which weaken wild stocks and damage the ecosystem at large.

The ban will not apply to closed, land-based systems. The problem with open-net pens, advocates say, is that they are too exposed, making escape and transmission of parasites from farmed salmon to wild salmon a problem for ecosystems.

“There is no debate that there are impacts,” Commissioner of Public Lands Hilary Franz told the state board, according to the Seattle Times. “Avoiding impacts is our legal and moral responsibility. ... I am asking the board to learn from the past and the effects of our decision.”

Washington’s decision is the latest in a spate of North America-wide moves to restrict or sanction the fish farming industry.

Alaska, Oregon and California have banned net pen farming – making the entire U.S. West Coast off-limits. The remaining fish farm stronghold in the region, B.C., is also threatened. In June, Fisheries and Oceans Canada announced that it would not renew licences for open-net pen salmon farms as of June 30, 2029.

The news from Washington puts pressure on Canada’s fish farming industry, advocates say, as vested First Nations react to what some consider overreach from the federal government, while anti-fish farm activists ask why Canada could not act as quickly as its neighbour.

The 2017 escape of 250,000 non-native Atlantic salmon from a farm into the water surrounding Cypress Island in Washington’s Skagit County loomed large over the meeting on Tuesday. The farm was owned by Canadian fish farm giant Cooke Aquaculture. Ultimately, it led to the passing of a bill that prevented the Department of Natural Resources from approving any new licences for non-native fish farms. It also led to the state’s 2022 executive order.

Non-native Atlantic salmon are a threat to wild populations because they interbreed with wild populations, thereby reducing genetic integrity. The escape of Atlantic salmon from farms is one reason for the closing of the open-net pen farms across North America. In Canada, a primary concern has also been sea lice, which propagate in the closed spaces of the nets and can jump to passing juvenile salmon. Sea lice are deadly to young salmon.

DFO research does not support concerns that farmed salmon are a major risk to wild populations. In fact, the research suggests that farms pose no more than minimal risk to wild salmon. However, other science suggests the impacts are serious. For example, the depopulation of salmon farms in the Discovery Islands starting in 2020 has been connected with a substantial decline in sea lice infection on juvenile salmon migrating through the area.

However, to some First Nations south and north of the border, the costs for being cautious are not only high (farm-raised salmon generate more than $1.17-billion for the provincial economy, according to the BC Salmon Farmers association), but it is also a violation of their sovereignty.

“This decision sets a dangerous precedent by stripping Tribes of the opportunity to exercise our sovereignty and pursue sustainable practices that align with our values for future generations,” said W. Ron Allen, chairman of the Jamestown S’Klallam Tribe, the First Nations group that has been most vocal in its opposition to fish farm closings.

“It is unfortunate that [Washington First Nations’] voices are being limited in a decision being made by other levels of government,” said Dallas Smith, spokesperson for the First Nations for Finfish Stewardship and a member of the Tlowitsis First Nations in Campbell River, B.C. “It definitely strikes a nerve with what’s going on in British Columbia.”

According to the FNFS, fish farms employ 276 people who identify as Indigenous, providing $11.5-million in payroll and $50-million in direct economic benefit.

In 2022, after the executive order, the Jamestown S’Klallam Tribe sued the state, arguing the community had not been consulted or considered.

Mr. Allen did not comment on whether the nation would seek legal recourse for the latest action, however he did say it would “explore every avenue” to protect its rights.

“First Nations have to take the steering wheel. We have to take control back over our territories,” Mr. Smith said.

Not all First Nations agree.

As of November, 2023, more than 123 First Nations in B.C. object to open net-pen salmon farming, including two that are taking the federal government to court over the decision to renew licences until 2029.

While Washington chose to revoke the licences of fish farms after the executive order two years ago, Canada, facing the same concerns, chose to renew licences for another five years. B.C. fish farms are still in operation, and “bacteria and viruses are still being spread to wild fish,” said Stan Proboszcz, senior science and policy analyst at the Watershed Watch Salmon Society.

“It would seem that we’re walking backwards on the issue in terms of how to protect wild fish,” he said, adding that a new federal government could change course and decide to renew licences for B.C. fish farms.

“I am hopeful that what happened in Washington will set a precedent ... we just need to follow through.”

Cooke Aquaculture, which had its licences revoked since the 2017 escape, hopes the industry will continue, in some form.

“If Tribal and First Nation people want to produce food and create local jobs for their people, then governments should be supportive for that to happen,” said Joel Richardson, vice-president of public relations. “Cooke has a strong relationship with the Jamestown S’Klallam Tribe in Washington and we will grow fish together one day.”

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