Saving Seafood

ALASKA: In victory for commercial fishermen, court orders Cook Inlet fishery to reopen

July 5, 2022 — Cook Inlet drift fishermen can fish the federal waters of the inlet this summer after all.

That’s after a district court judge shot down a federal rule that would have closed a large part of the inlet to commercial salmon fishing. Fishermen said it would have been a death knell for the fishery, which has 500 drift permit-holders.

One of those permit-holders is Erik Huebsch, of Kasilof. He’s vice president of the United Cook Inlet Drift Association, which filed the suit. And he said he’s pleased.

“Opening the EEZ is vital to the fleet,” Huebsch said. “Without opening the EEZ, the drift fishery is really not viable. That’s where we go to catch fish.”

The EEZ is the inlet’s exclusive economic zone. And it’s the federal waters that start three nautical miles offshore, south of Kalgin Island.

Read the full story at Alaska Public Media

Court case is final hope for Inlet drifters

August 27, 2021 — A late-season bumper run of sockeye salmon has pushed the Kenai River to its highest escapement in more than a decade.

Unfortunately for the commercial fishermen in Upper Cook Inlet, they have had to watch many of them go by.

Over the course of the season, Alaska Department of Fish and Game biologists upgraded the estimate for the run’s escapement multiple times, upping the in-river bag limits for the sportfishery and opening some additional time for the drift gillnet fleet.

With the setnet fleet out of the water after July 20 because of poor king salmon returns to the Kenai, controlling sockeye escapements to the Kenai and Kasilof fell on the drift fleet and on the in-river dipnet and sportfisheries. Both rivers are ending their seasons significantly greater than the upper end of their escapement goals.

ADFG is projecting a final escapement in the Kasilof of 519,000 sockeye compared to the top end of the escapement goal of 320,000; the sustainable escapement goal for the Kenai River has a top end of 1.3 million and ADFG is projecting an in-river run of about 2.4 million sockeye.

Unless something changes, the drift fleet is likely to lose a major chunk of their fishing area at the end of this year, too.

The National Marine Fisheries Service is currently working its way through the regulations review process for a new fishery management plan amendment that will close the federal waters of Cook Inlet to salmon fishing. That section, known as the Exclusive Economic Zone or EEZ, covers the section of Cook Inlet that’s three nautical miles and farther offshore; drifters typically harvest half or more of their salmon from there during the season.

“For most of the fleet, the EEZ is the preferred area for fishing,” said Erik Huebsch, a drifter and vice president of the United Cook Inlet Drift Association. “Without access to the EEZ, the drift fleet cannot harvest enough salmon to meet expenses and cannot afford to operate.

Read the full story at the Alaska Journal of Commerce

ALASKA: Council committee struggles with federal Cook Inlet salmon plan

April 18, 2019 — Two-and-a-half years after a federal court directed the North Pacific Fishery Management Council to develop a fishery management plan for the Cook Inlet salmon fishery, there is still a lot of work to do.

The commercial salmon fisheries of Alaska are primarily managed by the state, including in Cook Inlet, where part of the fishery takes place in federal waters. The North Pacific Fishery Management Council for years deferred management of the salmon fishery there to the Alaska Department of Fish and Game, finally removing Cook Inlet completely from its FMP in 2012.

The United Cook Inlet Drift Association and the Cook Inlet Fishermen’s Fund sued, saying the federal government had a responsibility to manage that fishery to ensure it complies with the Magnuson-Stevens Act. In 2016, the 9th Circuit Court of Appeals agreed, and the council reluctantly turned back to developing a management plan.

Many of the commercial fishermen there have a longstanding dissatisfaction with the Alaska Fish and Game and the Board of Fisheries, stemming from a belief that the department’s allocation decisions governed by the board are politically rather than scientifically motivated and that the escapement goals for sockeye salmon on the Kenai River are too high.

They sought to exercise federal influence over state management through the lawsuit, and now are running into roadblocks on federal authority to do so.

Read the full story at the Alaska Journal of Commerce

ALASKA: Work continues on federal plan for Cook Inlet salmon

December 28, 2018 — More than two years after a court ruling ordered the North Pacific Fishery Management Council to develop a management plan for the Cook Inlet salmon fishery, a stakeholder group has made a first set of recommendations.

The council convened a Cook Inlet Salmon Committee last year composed of five stakeholders to meet and offer recommendations before the council officially amends the Fishery Management Plan, or FMP, for the drift gillnet salmon fishery in Upper Cook Inlet, which occurs partially in federal waters.

The committee presented a report with three main findings: first, that the fishery be managed cooperatively with the State of Alaska; second, that the committee schedule another meeting before the April 2019 council meeting; and third, that fishery participants be prohibited from retaining groundfish.

The council went into rewriting the FMP for Cook Inlet unwillingly. The whole battle began in 2012 when the council voted unanimously to pass Amendment 12 to the existing Cook Inlet FMP, which essentially delegated all management authority for the fishery to the Alaska Department of Fish and Game, along with the management of two other salmon fisheries in Prince William Sound and the Alaska Peninsula.

The Cook Inlet Fishermen’s Fund and the United Cook Inlet Drift Association, the trade group for the drift gillnet fleet in the area, sued the National Marine Fisheries Service to restore the FMP to the fishery. After losing in the U.S. District Court of Alaska, the groups prevailed at the 9th Circuit Court of Appeals in fall 2016.

Read the full story at the Alaska Journal of Commerce

ALASKA: Kenai asks the state to declare this year’s upper Cook Inlet fishery an economic disaster

October 23, 2018 — Wednesday night, the Kenai City Council unanimously voted to request that Gov. Bill Walker declare an economic disaster for the upper Cook Inlet fisheries region and support a recovery plan.

Clam Gulch resident David Martin spoke in support of the resolution. He’s the president of the United Cook Inlet Drift Association.

“I appreciate the city council bringing this resolution forward and I hope it’s unanimously supported,” Martin said. “I’ve fished here 47 years and this is probably the worst season I’ve seen. We need a little economic help from the state to carry the people through.”

Council member Bob Molloy, who co-sponsored the resolution, said a potential recovery plan could take many forms.

“The state could commit resources to assist permit holders who participate in the Commercial Fishing Revolving Loan Program to avoid default, and who may be unable to meet payment terms who may not be able to pay because of the poor season,” Molloy said.

Vice Mayor Tim Navarre noted that offering relief to the fishing families here will encourage them to stay here and continue their work.

“If they are given some leeway they will stay in the fishery and work,” Navarre said. “That’s really what it’s all about. This isn’t a welfare program. There’s some real relief here and opportunity for people to benefit from it and continue with their livelihood.”

Mayor Brian Gabriel excused himself from the vote, at the advice of city attorney Scott Bloom, who said it could be a potential conflict of interest since Gabriel is a commercial set-netter and could potentially benefit from the passing of the resolution.

Read the full story at The Peninsula Clarion

ALASKA: Cook Inlet salmon task force off to bumpy start

June 14, 2018 — The fisheries group established to try to defuse some of Cook Inlet’s salmon wars is off to an uncertain start.

Gov. Bill Walker issued Administrative Order 291 forming a Cook Inlet Salmon Task Force on June 4, meant to address some of the notoriously fraught salmon allocation political issues in the Cook Inlet region, the most densely populated area and heavily used fisheries in the state. However, the group had already met twice before the administrative order was issued, and at the last meeting, the group suspended meetings for the summer because of the busy fishing activities of the summer in Alaska.

A variety of people attended the initial May 9 meeting, noted as “work group members” in the notes published on Fish and Game’s website. Among them were multiple United Cook Inlet Drift Association members, commercial set gillnet fishermen, sportfishermen and representatives of the Mat-Su Borough Fish and Wildlife Commission. The 18 attendees were split up into three working groups to discuss fishery issues, according to the notes made by consulting firm Professional Growth Systems, which facilitated the meeting.

The mission statement and the membership aren’t pinned down yet, though, said Walker’s Press Secretary Austin Baird in an email.

“Formation of the task force has been postponed until after the fishing season to enable broad stakeholder participation. Exact dates have not yet been determined for meetings, and membership has not been finalized,” he said. “The task force itself will determine what observations or recommendations to make, and any suggestions will then go through more formal boards and advisory committee processes.”

Read the full story at the Peninsula Clarion

Alaska: Cook Inlet salmon plan back in front of federal council in April

March 15, 2018 — The North Pacific Fishery Management Council will continue its discussion of who should manage Cook Inlet salmon fisheries, and how, at its April meeting in Anchorage.

The council is continuing court-ordered work to develop a federal fishery management plan, or FMP, for the salmon fisheries currently managed by the state in Cook Inlet, including creation of a new salmon management committee.

From October 2017 to this February, the council solicited proposals regarding the membership of the new committee and the work it might do. Those are expected to be made public around March 16, and the council will discuss them at its April meeting in Anchorage.

According to information provided by the council, the comment period generated 33 responses, 25 nominations or applications for participation on the new salmon committee. Those nominations won’t be considered right away, however.

The council is also expected to issue the formal call for salmon committee members at the April meeting, and a decision on membership won’t come until after that comment period.

The committee and other work to re-tool Cook Inlet salmon management all stems from a lawsuit brought by the United Cook Inlet Drift Association, or UCIDA, that challenged the council decision in 2011 to formally remove the Cook Inlet, Alaska Peninsula and Prince William Sound salmon fisheries from the federal management plan.

The council is now working to write a Cook Inlet management plan at the directive of the 9th Circuit Court of Appeals, which reversed a U.S. District Court of Alaska judge’s decision to dismiss UCIDA’s lawsuit in 2016.

Read the full story at the Alaska Journal of Commerce

 

Supreme Court says no to hearing UCIDA case

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.

Read the full story at the Peninsula Clarion

ALASKA: Kodiak opposes salmon cap agenda change

September 18, 2017 — Kodiak is gearing up to oppose what it considers a threat to its fisheries.

The Alaska Department of Fish and Game released a study last year that found a percentage of Kodiak area sockeye salmon are Cook Inlet fish.

Some Cook Inlet fishermen now want to set caps for sockeye salmon in the Kodiak area.

The United Cook Inlet Drift Association is asking the Board of Fisheries to consider an agenda change at its work session next month.

The change would move the consideration of a new Kodiak area management plan up to a sooner date. The next time the Board of Fisheries is scheduled to look over the management plan is 2020.

The request is based on findings from a genetic study of sockeye salmon in the western Kodiak management area.

Read and listen to the full story at KTOO

Southern fisheries earn win in federal court

September 26th, 2016 — A federal appeals court has ruled in favor of a state commercial fishing organization that challenged a decision to move several southern Alaska salmon fisheries from federal to state management.

The U.S. Ninth Circuit Court of Appeals on Wednesday overturned the decision by the North Pacific Fishery Management Council. The ruling means the case will go back to U.S. Alaska District Court and that federal fisheries policymakers will have to work with state managers on a new management plan, The Alaska Journal of Commerce reported.

The United Cook Inlet Drift Association sued over the council’s 2011 decision to remove Cook Inlet, Prince William Sound and Alaska Peninsula salmon fisheries from the federal fisheries management plan. The 2013 suit was initially rejected by District Court Judge Timothy Burgess. But the group appealed, arguing that the state’s plan doesn’t adhere to the same high standards as federal rules.

Federal fisheries management plans must be in line with the Magnuson-Stevens Act, which require fisheries managers to consider optimum yield, best available science, equitable allocations and community health among other factors.

The Cook Inlet group called the appeals court ruling a win for Alaska’s fishermen and the health of the resource.

 

Read the full story from the Associated Press at Juneau Empire