The Jamestown S’Klallam Tribe is planning to file a legal complaint against the state Department of Natural Resources over the recent decision to end net pen aquaculture in state-owned waters, according to tribal Chairman/CEO W. Ron Allen.

Allen said the complaint, filed Friday, Dec. 16, would challenge the Nov. 18 decision by Public Lands Commissioner Hilary Franz, which ended commercial finfish net pens on state-owned aquatic lands.

“She personally did not consult me,” Allen said. “I had feedback from staff the week before (the Nov. 18 announcement). There’s a formal process of consulting with the tribe about a decision that would affect our interest, and she knew what our interest was.”

The complaint will also ask for clarification on the decision’s impact on tribal rights, which Allen said were “ambiguous.”

In a statement released on Dec. 16, the Allen said that “modern, well-regulated aquaculture is the environmentally responsible solution for producing seafood and exercising our Tribal treaty rights — now and into the future.”

He added, “Tragically, population growth, pollution, poor environmental protections and development activities in the Pacific Northwest have negatively impacted our wild fish stocks. We must have options available to take pressure off wild fish stocks through sustainable aquaculture which will aid listed stocks to regain sustainable levels and prevent their extinction.”

In 2019, the tribe signed an agreement with Cooke Aquaculture Pacific, LLC, to raise native female steelhead trout in Port Angeles Harbor, but DNR’s decision makes the feasibility of that project uncertain, Allen said.

“We’re going to challenge her with regard to the scientific basis to (the decision), similar to Cooke,” Allen said, referring to an appeal filed Dec. 14.

Cooke, which is based in New Brunswick, Canada, filed an appeal in Thurston County Superior Court and accuses DNR of violating the company’s due process in what it called a politically motivated attack.

DNR, “ignoring science and the need for fresh, locally produced seafood, has engaged in a multi-year and multi-dimensional effort to run one of its tenants out of business,” the appeal says.

The complaint cites a March 2022 study from the National Oceanic and Atmospheric Administration that found proposed marine aquaculture projects posed little to no impact on native species.

The complaint also alleges DNR didn’t give the company advance notice of the denial, which Cooke says was announced at a Nov. 14 news conference, and was given 61 days to remove fish from two of its farms, resulting in an estimated loss of $6 million.

DNR did not immediately respond to questions regarding Allen’s comments, but in the Dec. 14 statement, Franz said her decision was based on an effort to protect Washington’s environment.

“I was elected to protect and preserve the productivity of Washington’s public lands,” Franz said. “I am committed to using every tool at my disposal to ensure that our salmon, the native orcas they feed, and all native marine species thrive in Washington’s waters.

“That means, at every step, defending Puget Sound. Our marine ecosystem is too important to risk for private profits.”

DNR defended its decision to deny Cooke’s aquaculture leases citing the 2017 net failures at Cooke’s Cypress Island facilities which released thousands of non-native Atlantic salmon into Puget Sound. That lease was terminated in 2018 and Cooke was fined $332,000, DNR said.

“Cooke Aquaculture knew well in advance when their lease was ending and had ample time to prepare operationally and financially for this decision,” Franz said in the statement.

“My denial of Cooke’s application is well supported by the law and their long track record of violating the terms of their leases.”

The department has given Cooke until Jan. 14 to finish operations and until April 14 to remove its facilities and repair environmental damage.

“DNR determined that allowing Cooke to continue operations posed risks of environmental harm to state-owned aquatic lands resulting from lack of adherence to lease provisions and increased costs to DNR associated with contract compliance, monitoring, and enforcement,” the department said.

Allen said the tribe is still interested in pursuing fish farms, which he said could be done responsibly, particularly with the aid of new environmentally sensitive technology.