August 22, 2022 — The suit was filed by the Maine Lobstermen’s Association against the National Marine Fisheries Service, and a final ruling is expected by the end of September.
Court ruling on endangered killer whales could force a rewrite of federal fisheries policy
August 19, 2022 — A federal judge in Seattle has ruled that the National Marine Fisheries Service violated a key provision of the Endangered Species Act in 2019 when it published research on the harvest of king salmon in Southeast Alaska that failed to address its impact on a small population of killer whales in Puget Sound.
In a summary judgment granted to the Washington-based Wild Fish Conservancy, U.S. District Court Judge Richard A. Jones on Aug. 8 ordered that an “appropriate remedy” be found, that — while it could limit commercial trolling for chinook in Southeast — will more likely result in a rewrite of the biological opinion that led to the problem.
“I think we’ve won the recognition that this fishery was actually causing harm to threatened and endangered species, and for all intents and purposes was illegal,” said Kurt Beardslee, director of special projects for the conservancy.
The Wild Fish Conservancy filed suit against the National Marine Fisheries Service in March of 2020, arguing that the government failed to adequately address the impact of Alaskan king salmon harvests on southern resident killer whales, whose population has dropped to critically low levels.
The Wild Fish Conservancy says 97% of king salmon harvested by Southeast Alaska trollers don’t originate in Alaska, depriving southern resident killer whales of their primary food source.
The Alaska Department of Fish and Game puts the share of out-of-state chinook in the Alaska harvest much lower — 30-80%, depending on the year.
Matt Donohoe, president of the Alaska Trollers Association, says few if any of those are from Puget Sound, where southern resident killer whales spend several months each year.
Set-netters’ case shot down, again, in court
August 19, 2022 — Alaska’s highest court said fisheries managers did not have to manage the Cook Inlet set-net fishery to national standards and that they didn’t violate any regulations when they closed the fishery early.
That opinion from the Alaska Supreme Court, published last Friday, is the latest legal blow to the 440 or so east-side permit holders, who have seen their fishery close early for the last four summers due to paired restrictions with the king salmon sport fishery. When fewer than 15,000 large kings pass through the sonar on the Kenai River, the Alaska Department of Fish and Game closes both fisheries entirely. Late-run escapement hasn’t passed 15,000 kings since 2018.
And after the closure in 2019, set-netters represented by the Cook Inlet Fishermen’s Fund sued the state in hopes the court would order managers to rework that management plan and others. It alleged restrictions the state had placed on the commercial fishermen were unscientific and arbitrary and flew in the face of the Magnuson-Stevens Act.
The Kenai court said because there was no federal management plan for Cook Inlet fisheries at that time, the state was not bound by those standards. And it said the state’s Board of Fisheries and Department of Fish and Game had the discretion to write and enforce their own rules.
Plaintiffs in Long Fight Over Endangered Salmon Hope a Resolution Is Near
August 16, 2022 — After decades of legal fighting over hydroelectric dams that have contributed to the depletion of salmon populations in the Pacific Northwest, the Biden administration is extending settlement talks with plaintiffs who hope the resolution they are seeking — removal of the dams — is near.
The federal government has been sued five times over its failed attempts to save salmon in the Columbia River basin, and for violating longstanding treaties with the Nez Perce, Yakama and Umatilla tribes. But now the Biden administration and others say that restoring the salmon population is an issue of tribal justice, as well as the only real solution.
Last month, the administration released a report on the feasibility of removing four dams on the lower Snake River to aid salmon recovery, and another on how the energy they produce could be replaced. The first report, conducted by scientists at the National Oceanic and Atmospheric Administration and released in draft form, found that sweeping changes are needed to restore salmon to fishable levels, including removing at least one and potentially all four dams on the lower Snake and reintroducing salmon to areas entirely blocked by the dams.
The Biden administration stopped short of endorsing the findings but said it was reviewing all of the information to determine long-term goals for the Columbia River basin. And earlier this month, the administration and plaintiffs in a related court case agreed to pause the litigation for a second year to continue working on “durable solutions” for restoring salmon runs while also tending to economic, energy and tribal needs.
Senator Patty Murray, Democrat of Washington, who long resisted any salmon recovery plan that included removing the four dams, joined Gov. Jay Inslee of Washington, a fellow Democrat, in commissioning a separate study released this summer. That study found removing the four dams was the most promising approach to salmon recovery.
Ms. Murray and Mr. Inslee have not yet taken a position on whether the hydropower dams should be removed, but the report concluded that it would require spending between $10.3 billion and $27.2 billion to replace the electricity generated by the dams, and to find other ways to ship grain from the region and provide irrigation water.
Ms. Murray is the most powerful Northwestern senator in Congress. But she will need the rest of the Democratic delegation to join her in support of salmon recovery efforts to turn the tide. The report states that removing dams would require congressional authorization, a funding strategy and a concrete timeline.
“What’s clear is that we need to support salmon recovery from every angle possible,” Ms. Murray said in a statement.
Fisherman Gets 20 Years in Prison for Nantucket Murder
August 15, 2022 —
A Virginia fisherman was sentenced Thursday to nearly 20 years in prison for murdering a crewmate and attacking others with a hammer aboard a scalloping vessel off the coast of Nantucket in 2018.
The U.S. Attorney’s Office said 31-year-old Franklin Freddy Meave Vazquez was sentenced to 235 months — more than 19 and a half years — in prison followed by three years of probation.
According to the office, the Mexican national is in the U.S. illegally and will face deportation after his sentence.
Meave Vazquez pleaded guilty in March to one count each of second degree murder, attempted murder and assault with a dangerous weapon.
He was one of seven crew members on the scalloping vessel The Captain Billy Haver when he attacked three fellow crewmates about 50 miles off the Nantucket coast in September 2018.
Judge faults federal plan to protect orcas from Southeast Alaska salmon harvests
August 12, 2022 — A U.S. District Court judge in Seattle has found the National Marine Fisheries Service has failed to ensure that Southeast Alaska salmon harvests not harm protected Pacific Northwest chinook and endangered southern killer whales that prey upon them.
The Monday ruling came in a brief summary judgment from U.S. District Court Judge Richard Jones. It is a significant victory for the Washington-based Wild Fish Conservancy, which argued that the National Marine Fisheries Service approved a flawed plan to compensate for the harvest by increasing hatchery release of chinook.
“We applaud Judge Jones’ ruling that is finally calling into question decades of unsustainable Chinook harvest management in Southeast Alaska,” said Emma Helverson, Wild Fish Conservancy executive director, who in a statement called the decision a “watershed moment” for efforts to recover southern resident orcas and wild chinook.
The southern resident killer whales are an endangered community native to the Pacific Northwest that consists of 73 members across three pods: J, K and L, which have struggled amid a decline in wild chinook populations that are a key part of their diet. Some whale advocates have long looked with concern to Southeast Alaska harvests of the salmon.
It is still uncertain what the judge’s ruling will mean for Southeast Alaska fisheries catching salmon that would eventually head south to British Columbia or the Pacific Northwest to spawn.
Ruling clouds future of Southeast Alaska king salmon fishery
August 12 , 2022 — A federal court ruling this week has thrown into doubt the future of a valuable commercial salmon fishery in Southeast Alaska.
Judge blasts ‘mitigation’ that would imperil both orca and salmon
August 11, 2022 — A federal judge has rejected the National Marine Fisheries Service’s “mitigation” for allowing continued “maximum” commercial harvests of the endangered Chinook salmon the imperiled Southern Resident killer whales need to survive — among the mitigations, that the agency will figure out better mitigations before the orcas go extinct.
U.S. District Judge Richard Jones accepted a magistrate judge’s recommendation for summary judgment in a lawsuit filed by Wild Fish Conservancy in 2020. The recommendation revealed the National Oceanic and Atmospheric Administration’s fisheries agency violated the Endangered Species Act and the National Environmental Policy Act by authorizing commercial salmon harvest at levels that are pushing protected wild Chinook salmon and Puget Sound orcas to extinction.
The Washington-based nonprofit challenged the authorization of the Southeast Alaska Chinook troll fishery, which the agency approved based on vague plans to fund production of 20 million young salmon annually to increase prey for the orcas by 4 to 5%. But the agency had no plans for where to get the young fish, who would release them and where, the age of the fish at release, the juvenile-to-adult return ratio, how many fish would be needed for future broods and whether all of this would be enough to sustain the orca in the long term.
Starkist appeals decision on price-fixing suit to US Supreme Court
August 10, 2022 — Starkist has followed through on its pledge to appeal a decision made in the class-action civil lawsuit filed against it for its role in fixing the prices of canned tuna sold in the United States between 2011 and 2013.
On Monday, 8 August, 2022, Starkist filed a petition at the U.S. Supreme Court asking it to strike down a decision made by the Ninth U.S. Circuit Court of Appeals in San Francisco, California, U.S.A., which ruled in a 9-2 decision in April 2022 to uphold the class certification completed in 2019 by U.S. District Court for the Southern District of California Judge Janis L. Sammartino.
Fishery interests urge judge to rule in lobster lawsuit
August 8, 2022 — Parties in a lobster industry lawsuit filed against federal regulators are urging a judge to make a decision in the case because its outcome affects a parallel case that the parties have to act on.
The federal judge considering this decision was the same who ruled last month that new regulations to protect endangered right whales do not go far enough, and violate both the Endangered Species Act and Marine Mammal Protection Act. In that case, U.S. District Judge James Boasberg asked the parties to propose remedies.
The lobster association’s case takes aim at newly enacted and proposed federal regulations to protect the whales, which the association says are invalid because they are based on flawed assumptions and calculations.
The National Marine Fisheries Service, the federal defendants – as well as intervenors the Maine Department of Marine Resources, the Maine Lobstering Union and the Massachusetts Lobstermen’s Association – all filed briefs this week asking Boasberg not to stay a decision on a lawsuit brought by the Maine Lobstermen’s Association. The parties need to know the court’s opinion so they can develop proposed remedies that Boasberg ordered in the parallel lawsuit brought by conservation groups.
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