Jury awards damages to Lummi Nation for 2017 fish spill

After suing the Canadian corporation for negligence, the tribe was recently awarded $595,000.

 

Lummi Nation tribal fishermen catch Fraser River sockeye salmon in the San Juan Islands in 2010. Cooke Aquaculture accidentally released tens of thousands of nonnative Atlantic salmon in 2017, threatening native Pacific salmon, and the Lummi Nation’s traditional reliance on them.

Want to catch up on big developments quickly? See more stories here.

BACKSTORY
In 2017, a floating industrial salmon farm in the Northwest’s Puget Sound broke loose, releasing tens of thousands of Atlantic Salmon into the ecosystem. The nonnative salmon, raised in crammed industrial scale fish pens and considered a threat to native Pacific salmon, quickly swam throughout the bay. The Washington Department of Ecology later found that the farm owner, Cooke Aquaculture — the largest privately owned salmon-farming agribusiness in the world — had neglected to take care of its equipment.

To the 5,000 members of the nearby Indigenous Lummi Nation, whose culture and livelihood depends on native Pacific salmon runs, the spill of nonnative fish proved especially dangerous. Inbreeding, disease and predation are the primary threats to native salmon runs, and the tribal government mounted an all-out effort to protect the native fish. 

After initially denying responsibility and blaming natural causes, in November 2019, Cooke agreed to pay $2.75 million to fund projects protecting wild fish in the Puget Sound. The Washington state Legislature also passed a law phasing out open-net farming in the state, but remains the only jurisdiction on the West Coast that hasn’t committed to ending the practice in public waters (“How a salmon farm disaster changed Northwest aquaculture forever,” June 2022.)

FOLLOWUP
At the end of June, a Washington state jury awarded the Lummi Nation $595,000 in response to a lawsuit against Cooke Aquaculture over the 2017 fish spill, which the tribe said was caused by the company’s negligence and led to its unjust enrichment. However, the jury declined to award damages on the tribe’s claim of cultural harm.

According to reporting in the La Conner Weekly, James Stroud, Lummi staff attorney, said the tribe was pleased with the outcome, but its victory was tempered by the jury’s decision on its claim of cultural harm. “It seems hard for non-tribal folks to fully appreciate how strong that connection is — the risk posed by this release of an invasive species. How damaging that that risk was. And the way it impacted the Lummi Nation as a whole,” Stroud said.

In a statement, Cooke said it accepts the jury’s decision on damages and will not appeal.

Theo Whitcomb is an editorial intern at High Country News. We welcome reader letters. Email him at [email protected] or submit a letter to the editor. See our letters to the editor policy.

High Country News Classifieds
  • MATADOR RANCH MANAGER
    The Matador Ranch Manager directs operations, communication, and maintenance for TNC Montana's Matador Ranch preserve with a focus on ecological management and restoration, grazing management,...
  • EXECUTIVE DIRECTOR - THRIVE HOOD RIVER (OREGON)
    Thrive Hood River (Oregon) is looking for a collaborative leader who cares deeply about Hood River's wild places, farmland and the quality of life in...
  • NORTHERN NEW MEXICO PROJECT MANAGER
    Seeking qualified Northern New Mexico Project Manager to provide expertise, leadership and support to the organization by planning, cultivating, implementing and managing land conservation activities....
  • NORTH FORK RECREATION DISTRICT ADMINISTRATOR
    The NFPPRD District Administrator provides leadership and managerial services associated with the Recreation District. Facilities include a seasonal pool, ballfields, bike trails, tennis/pickleball and skateboarding....
  • EXECUTIVE DIRECTOR, BADLANDS CONSERVATION ALLIANCE
    The Executive Director of the Badlands Conservation Alliance (BCA) builds and leads a premiere North Dakota advocacy group that serves to protect the ecology of...
  • CLIMATE FELLOW
    Application deadline: Monday, March 6th, 2023, at 5 p.m. MST. Anticipated start date: May 15, 2023 About the position Are you ready to craft an...
  • RISING LEADERS MANAGER
    Application deadline: Monday, March 27, 2023, at 5 p.m. MST Anticipated start date: May 22 or May 30, 2023 About the position Do you want...
  • SENIOR SPECIALIST, LANDSCAPE CONNECTIVITY YELLOWSTONE TO YUKON CONSERVATION INITIATIVE
    About the Organization Yellowstone to Yukon Conservation Initiative (Y2Y) is a joint Canada-U.S. not-for-profit organization with a mission to connect and protect wildlife habitat from...
  • VIRGINIA SPENCER DAVIS FELLOWSHIP
    High Country News, an award-winning magazine covering the communities and environment of the Western United States, seeks applicants for a Virginia Spencer Davis fellow. The...
  • GRANTS MANAGER
    The Grants Manager is a passionate information manager, fundraiser, and communicator versed in government and foundation grant and cooperative agreement writing and management, specifically to...
  • COMMUNICATIONS DIRECTOR
    The Communications Director is a passionate communications professional versed in conservation and regenerative agriculture, as well as nonprofit communications and data management across several program...
  • EDUCATION AND OUTREACH PROGRAM DIRECTOR
    The Education and Outreach Director is a people-oriented facilitator, communications wizard, and team leader who has experience designing, managing, and fundraising for land based educational...
  • ADOBE HOME FOR SALE
    Restored traditional adobe home in No. New Mexico on 1+ acre site, irrigation water, separate large shop/studio. Please email for photos/full description.
  • HIGH COUNTRY NEWS EDITORIAL INTERNS
    High Country News, an award-winning magazine covering the communities and environment of the Western United States, is looking for its next cohort of editorial interns....
  • DEVELOPMENT PROGRAM SPECIALIST
    hat We Can Achieve Together: If you are a detailed individual that takes pride in your accuracy, this position may be the perfect opportunity for...
  • EXECUTIVE DIRECTOR - LEMHI COUNTY HUMANE SOCIETY (SALMON, IDAHO)
    Are you ready to take the reins at Lemhi County Humane Society and make a difference in the lives of countless animals? We are seeking...
  • ENVIRONMENTAL AND CONSTRUCTION GEOPHYSICS
    We characterize contaminated sites, identify buried drums, tanks, debris and also locate groundwater.
  • WESTERN NATIVE SEED
    Native plant seeds for the Western US. Trees, shrubs, grasses, wildflowers and regional mixes. Call or email for free price list. 719-942-3935. [email protected] or visit...
  • CEO BUFFALO NATIONS GRASSLANDS ALLIANCE
    Chief Executive Officer, Remote Exempt position for Buffalo Nations Grasslands Alliance is responsible for the planning and organization of BNGA's day-to-day operations
  • "PROFILES IN COURAGE: STANDING AGAINST THE WYOMING WIND"
    13 stories of extraordinary courage including HCN founder Tom Bell, PRBRC director Lynn Dickey, Liz Cheney, People of Heart Mountain, the Wind River Indian Reservation...