September 27, 2019 — SEAFOOD NEWS — In 2016, the North Pacific Fishery Management Council enacted amendment 113 as a way to give onshore fish processors in Western Aleutian communities like Adak and Atka a fighting chance. AM113 carves out a portion of 5,000 metric tons of Pacific cod to be delivered to these facilities as part of an effort to prevent fish factory “motherships” from taking in the bulk of the harvest for processing.

In Adak, Golden Harvest Seafood is one of the processors that depends on cod deliveries to maintain is operations. The company currently has an arrangement with Costco, providing fresh Alaska-caught seafood to its stores.

But the amendment designed to protect these smaller processors isn’t without opposition from large processors, such as the Groundfish Forum, a trade organization representing five companies operating 19 trawl catcher-processor vessels in the region.

Initially, the Groundfish Forum and the Katie Ann LLC, United Catcher Boats & B&N Fisheries filed legal complaints over AM113. Washington D.C. District Court Judge Timothy Kelly Judge ruled against amendment 113, citing the Magnuson-Stevens Act, a set of federal rules that are meant to encourage the sustainable and optimal exploitation of U.S. coastal fisheries.

The City of Adak, the Aleut Corporation and several other parties of interest have appealed the ruling. B&N Fisheries has subsequently dropped from the lawsuit.

The judge’s decision has caused some to call the North Pacific Fishery Management Council’s ability to protect Alaska communities into question.

Meanwhile, affected communities are looking for some relief from the federal government over the potential revenues that were lost when AM113 was struck down.

Steve Minor, a spokesman for Golden Harvest Seafood, told KTUU on Monday that the U.S. Secretary of Commerce has denied a petition requesting emergency action regarding the cod allocation at the start of the new year. The petition asked for relief from January 20 through March 15, 2020 on the grounds of recent and unforeseen events and the time needed to process said petition.

According to the petition, the events listed below qualify as “recent and unforeseen” circumstances that form the basis of the request:

“Event 1: On March 21, 2019 the United States District Court for the District of Columbia issued an opinion that vacated Amendment 113 to the Bering Sea Aleutian Islands Groundfish FMP, and remanded the Amendment to the Service (NMFS) for reconsideration consistent with the opinion.

Event 2: In January, 2019 the Aleutian Islands CV Trawl Pacific cod fishery nearly closed before the fishery ever began because of the race for fish in the Bering Sea.”

Golden Harvest Seafood has invested millions in the processing operations on Adak, becoming the primary employer in a community that sees anywhere from 50 to 200 residents depending on the time of year. Locals are concerned that the plant’s closure would result in the closing of the local school, which currently serves less than 20 students.

KTUU has reached out to multiple members of the North Pacific Fishery Management Council seeking comment on its stance on AM113, as well as the council’s interest and ability to continue seeking assistance for Western Aleutian fish processors. At the time of this article’s publishing publishing, we are still awaiting an official response.

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