August 19, 2024 — A controversial 2023 court ruling ordering the closure of commercial trolling for king salmon, or chinook, in Southeast Alaska has been lifted.
The 9th Circuit Court of Appeals on August 16 partially reversed a lower court ruling stemming from a lawsuit brought by a Washington state conservation group hoping to protect an endangered population of killer whales. The panel of three judges decided that shutting down the fishery is the wrong prescription for the whales’ survival.
When judges Mark Bennett, Anthony Johnstone, and Milan Smith Jr. heard oral arguments for the case on July 18, they expressed sympathy for the Southeast communities that would suffer severe economic consequences from losing the fishery. The judges’ August 16 decision echoes that sentiment, saying that the initial ruling “glossed over significant economic consequences, as well as the downstream social and cultural harms to fishing villages and Alaska Natives.”
The court’s action wasn’t entirely unexpected. Last year the panel ordered a stay of the lower court ruling just eleven days before the start of the July 1 summer troll season, and fishing took place as usual. Nevertheless, the lower court ruling had not been vacated, leaving the future of the fishery in doubt.