BREAKING NEWS: Norwegians agree to withdraw Frenchman Bay lawsuit in huge victory for anti salmon-farm citizen groups

GOULDSBORO, July 26, 2022 - American Aquafarms has withdrawn its lawsuit against the state for denying its lease applications for a 120-acre salmon farm in Frenchman Bay, it was announced today by Frenchman Bay United, which was a party to the agreed dismissal.

“We hope that this is the end for American Aquafarms, but we remain vigilant and ready to challenge any subsequent applications they may file that would jeopardize Maine’s brand: clean water, thriving natural habitats, pristine wilderness, and a robust, owner-operated working waterfront,” said Henry Sharpe, FBU board president.

“We’ll also continue to push science-based policies for legislative and regulatory change that champion the same virtues, ones that prevent the industrialization of our iconic coastline.”

American Aquafarms, led by Norwegian investors, agreed Monday to withdraw its lawsuit against the Maine Department of Marine Resources, the state agency that terminated further consideration of their proposal in April.

“As an intervenor on behalf of the Maine DMR, Frenchman Bay United agreed to the dismissal of this lawsuit,” said Sharpe. “We have always believed that DMR made the right decision in refusing to accept the company’s lease applications and that this lawsuit had little merit. We again call on American Aquafarms to end any plans it may have to re-apply for permits for this or other destructive and highly polluting projects.”

Last April, the Maine DMR refused to accept American Aquafarms’ applications for leases on two sixty-acre sites in Frenchman Bay because the company repeatedly failed to identify a qualified source of eggs under Maine law. The DMR action prompted the Maine Department of Environmental Protection to also end consideration of and return to the applicant applications for wastewater discharges that were under consideration at the time.

The company subsequently filed suit against the Maine DMR in Cumberland County Superior Court to overturn the department’s action.

The ”Stipulation of Dismissal” filed with the court yesterday and agreed to by lawyers for the state and Frenchman Bay United was done so “with prejudice,” meaning that American Aquafarms cannot refile the same claim again and must start the permitting process from the beginning if it comes back with a similar project, Sharpe said.

Frenchman Bay United is the coalition that led the effort against a massive industrial salmon farm in the waters next to Acadia National Park.

In the good news/bad news front, Jonesport residents last week rejected a six-month moratorium on aquaculture development, clearing the way for the town to give final consideration to a new land-based fish growing facility, according to Spectrum News.

By a vote of 201-91, residents voted down a proposed moratorium that said these types of facilities “could pose a threat to the quality of life and the health and safety of Town residents.”

Kingfish Maine, a subsidiary of The Kingfish Co. of the Netherlands, is proposing to build a recirculating aquaculture system to grow yellowtail kingfish at a yet-to-be-built facility on 93 acres on Mason Bay Road. It began applying for permits in July 2020 and has received all necessary state and federal permits to construct several buildings to grow fish and process them, employing 70 to 100 people.

But in recent months, project opponents have begun to organize, and in May, resident Anson Alley turned in signatures to the town to call for a vote on a six-month moratorium. But with no debate on Wednesday, residents rejected the idea.

Milliken said the turnout of nearly 300 residents was the largest number of people for a town meeting in recent memory and possibly ever.

Kingfish still needs a building permit from the Jonesport Planning Board, which will continue its review of the project Aug. 2. Project opponents Protect Downeast, a group formed in April to oppose the Kingfish project, said in a statement issued after the vote that the Planning Board meeting will be another opportunity for the residents to ask questions.

“The Jonesport community has not had an opportunity to look at science in depth nor have they had a chance to see all sides of issues that are clearly important to them, such as the promise of jobs,” the group said. “That information will be presented to the planning board which is the next step in the process and the community may feel differently when all sides are presented.”

Kingfish Maine plans to produce between 13 million and 17 million pounds of fish per year, and like other companies hoping to open fish growing facilities in Maine, chose the state because of its proximity to major markets in New York and Boston.

Land-based facilities to grow salmon have been approved in Bucksport and Belfast, although the Belfast project is being challenged in court.