Congress must reauthorize the agriculture and fishing laws

Fish farms are not allowed in federal waters, warns advocacy group

Critics call for reforms in federal permit systems

By Carey L. Biron

The critics point out that the federal permit system is biased against new or small operators and they also claim that coastal real estate developments are putting independent businesses at risk.

There is a new real estate grab in the ocean, said Jason Jarvis. Jarvis, who has been fishing commercially for 30 years, also serves on the board of North American Marine Alliance, a national network aimed at boosting fishing communities.

As Congress prepares to renew the laws that govern agriculture and fishing, these concerns have prompted new efforts at the national and international level to organize.

Most of the work, however, is done locally to respond to local challenges.

Ten communities in Maine have taken action to curb the proliferation of fish farms.

"Fishermen lose acres, debris is an issue, there is no benefit to the locality... and this is hurting our heritage fishing," said Glenda Beal. She is chair of Beals' local government.

In July, the town's officials unanimously decided to stop approving new large-scale fisheries using enclosures in open water that are commonly called "net pen".

Crystal Canney is the executive director of Protect Maine’s Fishing Heritage Foundation. The foundation has been working on model legislation that will help towns fight back.

She said that the efforts have prompted inquiries from communities in other coastal States. The real question is, "Do we have any rights?"

'SQUEEZED OUT'

Concerns about the changes to federal fishing permits have led to opposition against industrial fish farming.

The U.S. ocean water is regulated by state law up to three mile from the shore and by federal laws out to 200 miles.

In the 1980s when fish stocks were in a slump, some councils began to use "catch shares" which reduced the number of permits and set a cap on catches.

Brett Tolley, the national coordinator of NAMA's program, said that in just five years 90% of the catch was owned by four companies.

Tolley stated, "The boats got larger, the volume per unit got bigger. Everything went towards an industrial model and families were squeezed out."

Tolley is from a family of fishermen and said that the $100 fishing permit his father had would cost $1 million to a new applicant.

Tolley, among others, says that the effect on local economies has been devastating.

He said that "we need to put safeguards into place to encourage independent people to control the access, and to disincentivize external investors."

NOAA, the main federal agency responsible for U.S. fishing, said that catch shares were effective in rebuilding fish stock and reducing "bycatch", or unwanted fish that boats throw back into the ocean.

A NOAA Fisheries spokeswoman said that in an email "the socioeconomic consequences of catch share management have been a long-standing concern", adding that a study on the system's equity was under way.

Brad Pettinger is the chair of Pacific Fishery Management Council (one of the regional oversight agencies) and he says that catch shares aren't to blame for the economics of today's fishing.

He said that "early on there was a tremendous ecological benefit." "Across the board there was a 300% to 400% drop in waste."

Today, all boats operating in the waters of the Council are equipped with cameras or observers, which means that "virtually each pound is counted". Pettinger stated that the program was successful.

Loss of 'Working Waterfront'

The catch-share system has sparked concerns that are motivating efforts now to curb industrial-scale aquaculture.

While some states permit such operations, it is still not legal to do so in federal waters. However, an executive order issued by the Trump administration in 2020 encouraged federal agencies in any case to promote this industry.

This has led to concerns about ecological and other knock-on impacts.

The non-profit Conservation Law Foundation's vice president for ocean conservation, Priscilla B. Brooks, said that aquaculture fish are fed a lot of feed and the excrement they produce ends up on sea floors, affecting habitats around net pen sites.

The feed is based on other types of fish, which raises the question as to why we are killing wild-caught species for aquaculture species.

In August, legislators proposed that federal agencies be prohibited from allowing industrial off-shore fish farming without congressional consent, and also boost local fishing infrastructure.

Peltola stated that "Finfish Aquaculture can play a part in providing Americans with a healthy source of protein, but it must be done correctly."

Aquaculture is a climate-friendly method of feeding a growing population in the world while protecting wild fish stocks, say supporters.

NOAA Fisheries declined comment on Peltola’s legislation. However, a spokesperson pointed out that the United States imports over 70% of its seafood and stated: "Marine aquaculture and finfish culture... play an important role in NOAA’s strategy to promote environmental and economic resilience in coastal communities."

New grassroots efforts are now seeking to define what "right aquaculture" means - and chart a new strategic plan for local coastal economies to continue to flourish.

James Mitchell, legislative Director for NAMA's Don't Cage Our Oceans Project, said: "We're on the precipice of a cliff right now and we've got two ways to go."

He said that the United States was poised to choose between prioritizing local economies and small-scale operators, or extending an industrial agriculture model out into the ocean.

The group launched in May a 3-year program called "Aquaculture with Values" to support small-scale projects which prioritize the health and wellbeing of local communities.

Matt Gregg wants to revive the oyster industry along the New Jersey coastline, which crashed half a century ago.

Gregg, the co-founder of Barnegat Oyster Collective is working with small operators to create a sustainable oystering business, while they also battle a new enemy: coastal gentrification.

"Especially since COVID, people have moved from the cities to more rural areas. He said that the "working waterfront" is being sold to the highest bidder.

Last year, he and other small operators were successful in getting a state "right-to-farm" law which gave them the same protections as farmers on their land. This included being shielded from "nuisance complaints" by nearby homeowners.

(source: Reuters)