LUMMI INDIAN BUSINESS COUNCIL
2665 KWINA

ROAD BELUNGHAH,

DEPARTMENT

September

WASHINGTON

98226

(3&0)

DlR£CT

NO.

312-2000

_

11. 2017

Cooke Aquaculture Pacific. LLC
Icicle Seafoods, Inc.
401921"'. Ave. West, SiC. 300
Seanle. W A 98199

RE:

Cypress Island Net Pen Failure

Mr. Cooke.
We arc in receipl of Cooke Aquaculture's letter dated August 30. 2017. regarding the
catastrophic nel pen failure at your Cypress Island facility thaI has resulted in the reJea'ie of your
pollutant. Your company is correct in noting that we are deeply concerned that this spill has the
potential to devastate nalive salmon stocks critical to the culture and the economy of the Lummi
Nation. However. we are offended by YOUf meager offer 10 reimburse at a ratc of thiny dollars
per ticketed fish for the cost of recovering your pollutant. We have incurred costs that far exceed
this amount and it is our understanding that you are unwilling to reconsider your offer. In order
to defray a portion of the outstanding expenses associated with our efforts to clean up your mess,
we have been left with no choice but to take your offer.
In an effort to minimize potential impacts, we were forced to direct the resources of the Lummi
Nation towards the recovery of your pollutant Your spill occurred within an especially rich and
Fertile marine environment that serves as important habitat for a number of Forage fish, finfish,
and shellfish (including several threatened and/or endangered species) that are inextricably
linked to the Lummi Sc:helangen ("Way of Life"). In addition to other finfish as well as
shellfish. the Lummi fish for native Chinook, chum, Coho. pinks, and sockeye throughout the
area impacted by your spill. Our fishennen have been unable to harvest native Pacific salmon as
well as other species as a direct resuh of your spill. Our fishermen have incurred significant
costs in responding 10 your spill.
In an effort to attempt to mitigate the damages caused by your failure to maintain your facility,
we have incurred significant expenses, and will continue 10 incur significanl expenses well into
the future. We are currently holding over 400,000 pounds (and counting) of your pollutant and
are deeply troubled by your failure to address this matter in an equitable manner. We have
caughl approximately 90% of the recovered escaped fish. With each passing day, our
considerable expenses continue to increase. While we do not believe that your offer of thirty
dollars per fish is adequate, we have been left with no choice but to accept this amount as partial
reimbursement.
Invoice attached.

 To be clear, receipt. under duress, of the $30 per Atlantic salmon as reimbursement for our costs
shall in no way constitute a waiver of any legal or equitable claims, damages or remedies
available 10 the Lummi Nation, its members. or first responder fishennen resulting from the acts
or omissions of Cooke. In addition, our consent to Cooke's partial reimbursement shall in no
way be considered, decmed, or argued as a release of liability or covenant not (0 sue by the
Lummi Nation. its members, or first responder fishcnnen.
While we appreciate your willingness to take responsibility
address and correct what has occurred.

5~t2PC2Q~
Timothy Ballew H, Chairman
Lummi Indian Business Council

for the spill, we intend to fully

 Lwruni Indian Business Council

C?
tp.;\'(

2665 KwWRd
Bellingham, WA 98226
(360) 312-2142

)((:C "\J(),

I) \TI'

100
September 11,2017

Cooke Aquaculture Pacific. lLC
Icicle Foods, Inc
4019 21st Ave W Ste 300

I( i

Se>n1',~!1 98199

QUANITIY

DESCIUPl10N

Atlantic Salmon Spill
43,452 Total Number of Recovered Fish Caught Between

UNIT nICE

UNE TOTAL

30.00

1,303,560.00

08/21/2017~/09/2017

SUBTOTAL
TOTAL
Make aUehecks payable to L.muni Indian Businc •• Council

THANK YOU FOR YOUR BUSINESS!

I

1,303,560.00

$ 1,303,560.00