Maine court upholds permits for contested land-based kingfish farm

Kingfish Maine wins lengthy legal dispute over the development of a RAS facility

The Kingfish Company has won a legal victory in Maine, with the state’s highest court upholding key permits for its planned land-based aquaculture facility.

The Maine Supreme Judicial Court denied the final remaining appeal challenging the company’s permits under the Site Location of Development Act and the Natural Resources Protection Act. The decision affirms the state’s approval of the project and ends a legal dispute over the development.

The ruling marks a significant step forward for the company, which plans to expand its sustainable land-based production of yellowtail kingfish through the Kingfish Maine site.

“We are grateful to the town of Jonesport for remaining supportive of this project since it was first introduced in 2019,” said Kingfish Maine’s Operations Manager Tom Sorby. “It’s unfortunate that the appeals, caused by a small opposition group, delayed this project and economic development in this region of Maine. We can now look forward to our continued collaboration with the community in our shared vision for the future.”

The state permit for the Kingfish Maine facility was originally issued in 2021 by the Maine Department of Environmental Protection. Two organizations — Roque Island Gardner Homestead Corporation and the Eastern Maine Conservation Initiative — challenged the decision, first before the Maine Board of Environmental Protection and later in the Maine Superior Court. Both appeals were denied.

In its most recent ruling, the Maine Supreme Judicial Court rejected the groups’ final appeal, which sought to overturn the Superior Court’s decision. In doing so, the justices upheld the Board of Environmental Protection’s interpretation of the state’s permitting laws, writing that “the Board did not err in interpreting the scope of review under NRPA or abuse its discretion in relying upon the Department’s separate evaluation of impacts of the intended effluent discharge.”

“This has been a multi-year battle with a small group of opponents which worked to stop our project,” said Kingfish Company CEO Vincent Erenst. “Due to this opposition, our project was delayed by almost four years. We are extremely pleased that this final appeal is complete. This ruling underscores the validity of the permitting process in Maine.”

Maine, once poised to lead in RAS developments, has land-based aquaculture ventures still trying to gain a foothold

The project was first introduced to the Jonesport community in 2019 and the permitting process was completed during the pandemic. The opponents filed multiple appeals of the state and local planning board permits over three years, which delayed the design and construction process. Kingfish Maine now holds all necessary local, state, and federal approvals for the project.

Once operational, the Jonesport facility is expected to produce 8,500 metric tons of yellowtail annually. In 2022, the company marked a milestone with its first successful harvest of Dutch yellowtail from Maine, supplying the fish to high-end restaurants in cities including Boston and New York.

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