This post was originally published in the Penobscot Bay Press.
Written by Bailey Bowden
On November 14, the Conservation Law Foundation notified Cooke Aquaculture USA of its intent to file a lawsuit for alleged violations of the Clean Water Act. The parent company is Cooke Aquaculture Incorporated which is based in New Brunswick, Canada, and conducts aquaculture operations worldwide— including 24 sites in Maine that cover over 600 acres of ocean.
The filing states “CLF’s lawsuit seeks to prevent further degradation of Maine’s coastal waters and to bring Cooke into compliance with the Clean Water Act. To achieve compliance, Cooke will need to hire additional employees and experts to conduct more frequent monitoring and inspections, maintain and clean its equipment to a higher standard, and mitigate the impact of its operations on the environment.”
In a 2023 podcast interview, Cooke Aquaculture Incorporated CEO Glenn Cooke stated the company receives $4 billion in annual revenues. Given that number, this company has the financial resources to hire the needed staff to properly monitor and maintain their facilities in a responsible manner.
Spin-off companies of Cooke Aquaculture Inc. are no stranger to fines, lawsuits, and controversy. In the U.S. and Canada, they have been fined hundreds of thousands of dollars for illegal pesticide use, overcrowding, poor record keeping, and poor maintenance. A civil lawsuit over Atlantic salmon that escaped into Puget Sound resulted in Cooke Aquaculture Pacific LLC signing a $2.75 million dollar settlement agreement.
The environmental risks associated with net pen farming has led to the practice being heavily scrutinized in California, Oregon, Alaska, and Hawaii. Net pen aquaculture is currently being phased out in Washington State and British Columbia. A province in Argentina has banned net pen farming completely. According to a NOAA press release, “commercial finfish production operations along the west coast of the U.S. are currently limited to pilot-scale production involving tribal-federal partnerships.” (fisheries.noaa.gov/westcoast/aquaculture/net-pen-aquaculture-pacific-northwest-frequently-asked-questions).
The CLF suit addresses concerns voiced in Downeast Maine that include dead zones on the ocean floor under and around net pens caused by the build-up of fish feces and uneaten food, the use of pesticides and antibiotics, escaping fish that can interbreed with wild salmon, and disease and parasites like sea lice that can infect wild fish. All these issues are supposed to be monitored and regulated with oversight from the Department of Marine Resources and Department of Environmental Protection.
Why is this important to people living on the Blue Hill Peninsula?
In 2022, American Aquafarms applied for a net pen aquaculture lease in Frenchman Bay which met heavy resistance from fishermen and residents. Industrial scale aquaculture companies know that any future proposal for Frenchman Bay will be a fight. Cooke already has net pens located off Black Island in Blue Hill Bay and could expand their presence there.
Will Jericho Bay be the next location for a fish farm? Maybe Merchant Row or Eastern Penobscot Bay?
Maine became a home rule state in 1969 by amending the state constitution. Home rule empowers towns to adopt ordinances that regulate local matters. Towns that are concerned with industrial scale aquaculture coming to their waters may want to be proactive and consider adopting an aquaculture ordinance to protect their interest in local waters.