October 3, 2017 — The lawsuit over whether the federal government or the state should manage Cook Inlet’s salmon fisheries won’t get its day in the U.S. Supreme Court after all.
Supreme Court justices on Monday denied the state of Alaska’s petition to hear a case in which the Kenai Peninsula-based fishing trade group the United Cook Inlet Drift Association challenged the North Pacific Fishery Management Council’s decision to confer management of the salmon fishery to the state.
Because most of the fishery takes place more than 3 miles from shore, it is within federal jurisdiction and is subject to management and oversight by a federal Fishery Management Plan. In 2012, the North Pacific Fishery Management Council passed an amendment removing fisheries in Cook Inlet, Prince William Sound and the Alaska Peninsula and placing them entirely under state management. UCIDA sued over the decision in 2013, saying the state’s management authority doesn’t comply with the Magnuson-Stevens Fisher Conservation and Management Act.
Though the U.S. District Court for Alaska initially ruled in the state’s favor, a panel of three federal judges on the Ninth Circuit Court in Anchorage reversed the district court’s decision and ruled that the fishery did require a fishery management plan. Saying the state’s management was adequate for the fishery, the state petitioned the Supreme Court to review the Ninth Circuit Court’s decision.
UCIDA president Dave Martin said he wasn’t surprised by the Supreme Court’s decision. The organization’s line has been the same all along, he said — state management has not met the Magnuson-Stevens Act standard for sustainability and optimum yield, with state management plans leaving salmon unharvested and exceeding escapement goals on Cook Inlet freshwater systems.