Our work related to the fisheries and aquaculture industries includes:
- Advising a client in the agricultural sector with respect to Safe Harbor Agreements (SHAs) for protected salmon species, focused on assessing the impact of land use changes on such SHAs.
- Advising trade associations in connection with commercial fisheries laws and compliance with Endangered Species Act and Marine Mammal Protection Act regulatory frameworks.
- Representing a commercial shellfish harvester in the successful defense of a challenged Washington Department of Natural Resources rulemaking.
- Litigating NEPA and Magnuson-Stevens Act challenges to federal rules related to the Atlantic herring fisheries in New England and the Mid-Atlantic, and the Coastal Pelagic Species fishery in California.
- Litigating a case involving a tribal gillnet in Alaska, eventually resulting in an administrative settlement which allowed the gillnet with environmental safeguards.
- Advising a commercial oyster farm and shellfish distributor in Montauk.
- Advising a large global retailer on Lacey Act compliance, including supplier education, communication, and audits.
- Assisted an organization in opposing the Marine Stewardship Council’s certification of the menhaden fishery in the Atlantic Ocean and Gulf of Mexico to ensure sustainability labels are supported by third-party certification standards and applicable fishery science. These efforts helped maintain the validity of sustainability labels while also encouraging sustainable management of fisheries critical to commercial and recreational groups.
- Presenting on key industry developments, including Getting Pacific Northwest Aquaculture Out of Deep Water: Clean Water Act Legal Challenges and Liability Reduction Strategies (King County Bar Association Mid-Year Conference).