On Friday, May 26, U.S. District Court U.S. District Judge Richard Jones denied a motion by the State of Alaska, the Alaska Tollers Association, and NOAA Fisheries to stay its previous ruling. Although it all started on May 2, a ruling was handed down invalidating the incidental take statement (ITS) for the Southeast Alaska commercial winter and summer Chinook troll fishery, resulting in the closure of the fishery. Now the groups are seeking appeal as a last resort.
This is the situation Alaska now finds itself in, a tough and complex one. The original document on trial allows fisheries coverage for incidental catch of species listed under the Endangered Species Act. To put it differently, the assumption is that protected species can be unintentionally caught as bycatch as long as the fishermen do not actively target them. However, on 2 July, Judge Jones issued a temporary restraining order at the request of the Wild Fish Conservancy (WFC) that had the practical effect of closing the directed summer and winter Chinook troll fisheries until a new ITS would implement.
In this scenario, the groups have moved to the Ninth Circuit Court of Appeals to attempt to ensure that commercial fishing can open on July 1.
Meanwhile, WFC sued the National Marine Fisheries Service claiming various violations of the Endangered Species Act and the National Environmental Policy Act. The plaintiff's principal allegation is that Southeast Alaska's troll fisheries threaten both ESA-listed Chinook salmon and Southern Resident killer whales.
"Troll fishing for Chinook is critical to Southeast Alaska's economy, local government, and culture. It is a way of life. And we intend to do everything we can to defend our fisheries," said Vincent-Lang, Alaska Fish and Game Commissioner, for Radio KSRM. And he also added, that if it is for one, will be for all. "The district court singled out an Alaskan fishery to shoulder the entire burden of conservation, while other fisheries, notably those occurring along the Pacific Northwest coast that has disproportionately higher levels of impact, are left untouched and unrestricted. This is inequitable and unfathomable. If this ruling sticks, we will be looking at having all fisheries treated equally."
The Alaska Trollers Association (ATA) represents the Alaska troll fleet, working closely with other seafood industry groups. Trolling is a century-old, environmentally responsible fishery in Southeast Alaska that selectively targets salmon using hook and line. Skilled trollers entice adult salmon with individual lures, ensuring a sustainable approach.
The National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries), under the U.S. Department of Commerce, has a well-defined mission encompassing the understanding and prediction of climate, weather, ocean, and coastal changes. They strive to share this knowledge with others while conserving and managing coastal and marine ecosystems and resources. NOAA's website proudly states its role as an agency that enhances life through science
Wild Fish Conservancy, headquartered in Washington State, is an active nonprofit conservation organization. Their mission is to preserve, protect, and restore the wild fish of the northwest and the ecosystems on which they rely.
