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Federal court rejects permit for industrial aquaculture structures

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Kathryn Carley

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(Maine News Service) Ocean advocates are hailing a federal judge's decision that deemed a nationwide permit for industrial aquaculture structures unlawful.

The U.S. Army Corps of Engineers' approval of the permit for finfish nets and cages was found to violate several environmental laws.

Center for Food Safety Legal Director George Kimbrell called that a win against corporate interests pushing to industrialize the open ocean.

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"It's an important victory protecting our oceans," said Kimbrell, "their native ecosystems, and the communities that rely on them."

Still, Kimbrell said the court ordered both sides to return to court later this month with a plan on how to remedy the matter.

The ruling comes as an increasing number of Maine communities adopt emergency aquaculture moratoriums, but backers of large-scale aquaculture say it's needed to meet a growing seafood demand.

Maine's abundant coastline and working waterfronts make it an ideal place for an aquaculture business, and numerous small-scale shellfish and marine plant farms are boosting local economies.

But commercial fishermen say the growth of large, foreign-owned fish farms endangers both the ocean and their livelihoods. Kimbrell said a battle to privatize the ocean is underway.

"Taking parts of the ocean and saying, 'you can't fish here, and instead this is going to be an area we're going to allow a corporation to use exclusively for a certain number of years,'" said Kimbrell. "In this case, these are 10-year permits that would have been established."

Kimbrell said federal courts covering the Gulf of Mexico previously struck down efforts to establish industrial aquaculture there.

He said despite intense lobbying efforts by proponents, Congress has never passed a law authorizing large-scale aquaculture in federal waters.