June 21, 2023 – “We can go fishing”
Following excerpt from ADF&G Advisory Announcement on 6.21.2023:
“Today, June 21, 2023, the Ninth Circuit Court of Appeals granted a stay of the vacatur order and halted the
implementation of a U.S. District Courts decision that would have shut down the Chinook salmon troll fishery in
Southeast Alaska/Yakutat beginning this summer. Further information is provided in the Alaska Department of
Law press release issued earlier today, June 21, at the following address:”
“A summer troll fishery advisory announcement will be issued within the next 24-48 hours providing
information on the general summer troll fishery. This announcement will include an estimate of the
summer troll Chinook salmon allocation and the target harvest for the first summer troll Chinook salmon
retention period, which will open by regulation July 1.”
Ruling here
May 30, 2023 – ADF&G Troll announcement here
May 23, 2023 – Judge Jones denies the State’s request for a stay
“Today, U.S. District Court Judge Richard Jones denied the State’s request for a stay of his May 2 order that vacates the incidental take statement (ITS) for the Southeast Alaska winter and summer commercial Chinook troll fisheries. The ITS gives these fisheries coverage for the incidental “take” of species listed under the Endangered Species Act which include 4 stocks of Chinook salmon, Southern Resident killer whales, and other marine mammals. This order has the practical effect of closing the directed summer and winter Chinook troll fisheries until a new ITS is in place.”
Statewide press release and further information on this ruling provided below:
Click to access NR-23-1049.pdf
Order denying motion here
May 23, 2023 – U.S. Department of Justice has filed an Intent to Appeal
that the U.S. Department of Justice, representing NOAA, has filed an Intent to Appeal the Jones Decision in the 9th Circuit Court of Appeals
Notice of appeal here
May 10, 2023 – State of Alaska files for Partial Stay of Ruling
Motion for partial stay here
May 6, 2023 – ATA News Bulletin
News Bulletin 5/6/23: ATA received confirmation from ADFG late yesterday that the troll coho and chum fisheries will occur this year as normal, although without Chinook retention.
May 5, 2023 – State of Alaska and ATA file to appeal Ruling
Notice of appeal here
May 3, 2023 – ATA Press Release in Response to Judge Jones May 2nd Decision
On May 2, 2023, Judge Jones ruled on the WFC lawsuit. Attached is the order we received. This order adopts Judge Peterson recommendations, vacating the Incidental Take Statement that governs the SEAK summer and winter fisheries.
The Court’s order will cause irreparable harm to the communities of Southeast Alaska with no measurable benefit to Southern Resident Killer Whales.
Our ATA attorney is working with the State of Alaska and the United States (NMFS) in evaluating potential next steps. The ATA board will be relying on our counsel to advise us of our legal options and more information will be posted to our website as to our next step by the end of this week: www.aktrollers.org
We are prepared to appeal this ruling. The ATA will continue to fight for the way of lives of its members and the communities of Southeast Alaska.
Thanks to all our supporters who contributed to the ATA legal fund as we will be needing it.
************************************
Press Contact: Amy Daugherty, ATA Director (907) 723-2244
Alaska Trollers Association
130 Seward #205
Juneau, AK 99801
(907) 586-9400
alaskatrollers@gmail.com
www.aktrollers.org
State press release here
Judge Jones Order available here
Initial Ruling
August 08, 2022 (Juneau) – Yesterday, the Federal Court in the Western District of Washington
ruled in favor of the Wild Fish Conservancy in a brief order adopting the Report and
Recommendation from a magistrate assigned to hear the case. This case is a challenge to the
National Marine Fisheries Service (NMFS) Biological Opinion (BiOp) for the Southeast Alaska
salmon fishery – the document that gives Alaska Endangered Species Act (ESA) “incidental take”
coverage and allows our Pacific Salmon Treaty salmon fisheries to operate. The State of Alaska
and Alaska Trollers Association (ATA) intervened in the case to defend Alaska’s fisheries and
interests.
The lawsuit was brought by the Wild Fish Conservancy, a conservation organization based in
Washington State. The suit specifically attacks Alaska’s management of its Chinook salmon
fisheries under the Pacific Salmon Treaty. The lawsuit argues that Alaska fisheries threaten the
survival of several ESA-listed Chinook salmon stocks in Washington and Oregon, and the
endangered Southern Resident Killer Whales that depend on Chinook salmon for food. Judge
Jones supported their claims. It does not attack similar fisheries that occur off the coasts of
Washington and Oregon, despite similar impacts.
Present Situation
The magistrate has been directed to consider potential remedies to his ruling. This is important
as it will determine what happens next for Alaska’s fisheries. It is our understanding that the
State and ATA will be given an opportunity to provide briefings on the remedy. The best-case
scenario would be for the court to give NMFS time to rework their flawed BiOp without
vacating the current incidental take coverage. This would allow fisheries to continue while
NMFS corrects its mistakes. The worst-case scenario is that the incidental take coverage is
determined to be flawed and Alaska loses its ability to prosecute its Treaty salmon fisheries
until a new BiOp is prepared.
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