November 19, 2019 — SEAFOOD NEWS — Last week the city of Adak asked a federal court to stay their order from last March — until January 1, 2021 — so the city’s only processing plant can operate during the Pacific cod season next year.

The March 2019 court decision agreed with plaintiffs representing the Bering Sea bottom trawl fleets that target flatfish, mackerel and cod, that Amendment 113, setting a 5,000 mt cod set-aside for remote villages in the Aleutian Islands, was not compliant with the Magnuson-Stevens Act.

The court vacated Amendment 113 and instructed the North Pacific Fisheries Management Council to work on an amendment that would comply with the legislation in specific areas.

The Council took up the issue, beginning an arduous process of analysis, developing alternatives, and public comment that will take at least another 18 months.

Meanwhile, representatives of the Adak plant, central to the economy of the 350-resident community, began an ambitious effort to find a pathway that would allow the set-aside to continue while the Council worked on corrections to a new amendment. But their efforts fell short, whether it was a plea for emergency action or language in new federal legislation for a temporary fix, last summer.

Even though the Council asked industry sectors to work together for a solution that could keep the Adak plant viable, there was no longer any authority providing a separate allocation for Adak, and little incentive to find an industry-based workaround.

In addition, all fleets targeting Pacific cod in the Bering Sea and the Aleutian Islands were well aware of the recent situation for cod stocks. Recent scientific assessments indicate the biomass is increasing in the northern Bering Sea and decreasing in traditional areas. Was the biomass moving north? How fast? Could the fish be crossing over to Russian waters? The ‘race for fish’ nature of the BSAI fishery made even the previously acceptable 5,000 mt set-aside — now vacated and available to anyone — more valuable than it was a few years ago.

Last Wednesday’s Memorandum in Support of Defendant-Intervenors’ Motion for Limited Relief From Judgment and Indicative Ruling included declarations of support from Adak as well as the Alaska Department of Fish and Game, Golden Harvest plant owner Jason Ogilvie, the Adak School District, and other private enterprises that rely on the winter operations of the plant.

City Manager Lyle Lockett noted that without continuous operation of its sole fish processing plant, Adak will see cascading economic impacts causing irrepairable harm to the community, including the city stopping subsidies to the school district, the medical clinic, the library, the gymnasium, and the community center.
“Shutting down the City Hall building would force all of these services to scramble to find a new location on the island, perhaps in private residences, which would be disruptive and likely expensive for Adak’s residents,” according to the memorandum.

Adak’s only school serves 19 students, 13 whose parents are employed directly or indirectly through the Adak plant. If enrollment drops to 10 or less, the state of Alaska’s subsidies stops and the school shuts down.

Both the crab and cod fleets that deliver to Adak would have no option other than Dutch Harbor to deliver their catch to — a 450-mile one-way trip.

The request asks the court to respond by January 10, 2020, ten days before the A season begins next year.  The motion supporting the stay was filed while the original decision is under appeal, and would be subject to that ruling if it came before.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.