May 22, 2019 — SEAFOOD NEWS — On Friday the City of Adak, its regional development groups, and the Aleut Corporation filed an appeal to reverse a March 21 decision that vacated Amendment 113. Yesterday Secretary of Commerce Wilbur Ross, the National Oceanic and Atmospheric Administration; and the National Marine Fisheries Service joined the Aleut groups to appeal the decision from three months ago.
That ruling was in response to a challenge from the Groundfish Forum to the Secretary of Commerce asserting that Amendment 113 did not meet the standards in the Magnuson-Stevens Act.
Defendant-intervenors in that challenge were the City of Adak and the City of Atka, along with the Adak Community Development Corporation, the Aleutian Pribilof Island Community Development Association (APICDA), and the Aleut Corporation.
The May 17 filing by the Adak groups opens a 14-day window for other parties to join the appeal. Briefs from all appealers will be filed later this summer, likely before the end of June.
AM113 included a set-aside of Pacific cod for the plants in Adak and Atka. Golden Harvest Alaska Seafoods, the plant based in Adak, has relied on deliveries of Pacific cod in recent years as a significant part of their annual revenue.
“The Aleutian Islands Pacific cod landed over a few short weeks in February and March has become the economic engine that sustains the local economy and allows Golden Harvest Alaska Seafoods to invest in new products and markets and the development of year round fisheries for the Adak community,” said Steve Minor for Golden Harvest.
“Golden Harvest serves a variety of federal and state water harvesters and species — including pot boats, longliners, trawlers and jiggers operating in the crab, halibut and sablefish fisheries,” Minor said.
“The loss of Amendment 113 puts all of these shore-based fleets and fisheries at risk.”
In the March 21 decision, the judge noted that “Although the Court finds that the Service did not exceed its statutory authority in imposing a harvest set-aside with an onshore delivery requirement, it nonetheless determines that the Service failed to demonstrate that the amendment satisfied the requisite standards for such regulatory measures set forth by the Magnuson-Stevens Act.
“Accordingly, and for the reasons explained below, Plaintiffs’ motion will be granted, and Defendants’ and Intervenors’ motions will be denied,” US District Judge Timothy Kelly wrote.
Kelly asked NOAA Fisheries to reconsider the amendment with some guidance on where changes were needed.
That process, or the work begun within the North Pacific Council addressing the Pacific cod set-aside, will not be done by January 2020, when the plant would be begin taking deliveries for the new season.
Minor noted that at least one of the original plaintiffs in the Groundfish Forum challenge has decided to join the appeal and that “several other entities” are in discussions on filing amicus briefs.
The North Pacific Council will hear a discussion paper at their June meeting, which will include a status report on Amendment 113 litigation, a description of the Council’s December 2018 revision to Amendment 113, and a summary of AI Pacific cod fishery conditions since the implementation of Amendment 113 in November 2016.
The discussion paper will also identify potential regulatory approaches that could be used to provide opportunities for trawl catcher vessels harvesting Pacific cod in the AI delivering to AI shoreplants.
This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.