Alaska Delegation Celebrates Ninth Circuit Ruling Defending Southeast Troll Salmon Fishery

08.16.24

ANCHORAGE, ALASKA-U.S. Senators Dan Sullivan and Lisa Murkowski (both R-Alaska), and Representative Mary Sattler Peltola (D-Alaska), today celebrated a ruling by the Ninth Circuit Court of Appeals in favor of Southeast Alaska troll fishermen whose ability to fish has been challenged in a lawsuit brought forward by the Washington-based Wild Fish Conservancy (WFC), which attempted to shut down the fishery due to unfounded allegations regarding fishery impacts. This ruling is a welcome legal victory for the Southeast fishermen at the Ninth Circuit. The Alaska congressional delegation has filed two amicus briefs with the Ninth Circuit in support of the fishermen, one in June 2023 urging the court to grant a stay so that the fishermen could proceed with their summer season, and a second in October 2023 on the merits of the case.

"Today, we secured a major victory at the Ninth Circuit for the hundreds of hard-working Alaskans who rely on the Southeast Alaska troll salmon fishery to feed their families and support their communities," said Sen. Sullivan. "The court ruled against the radical Washington environmental group on the merits of their outrageous lawsuit, which claimed that our small boat, hook-and-line troll Southeast salmon fishery hundreds of miles away is having more of an impact on the viability of Puget Sound orca whales than the toxins, pollution, noise, and vessel traffic in their own back yard. It was a ridiculous claim, and the court thankfully recognized it as such. My team and I have been working shoulder-to-shoulder with our fishermen, Southeast communities and tribes, and the State of Alaska on this important battle since this lawsuit was filed in 2020. This ruling gives our Southeast fishermen greater peace of mind, and also demonstrates that, when Alaskans unite and speak with one voice, there is so much we can accomplish in defense of our economy, our unique cultures, and our people."

"Although we're not home yet, the most important thing right now is that Southeast Alaska's troll fishery can continue," said Sen. Murkowski. "This is a critical industry for Southeast Alaska that has minimal impact on the ecosystem, and the congressional delegation, state, tribal groups, and local environmental groups are all united in their advocacy to allow the fishery to resume. I look forward to the National Marine Fisheries Service's new biological opinion, which I'm hopeful will help put this issue to rest for good."

"We're not in the clear yet, but this is a big sigh of relief for our fisherman, our fishing families, and our Alaskan economy," said Rep. Peltola. "Trolling is low-impact, and advocacy groups from the state level all the way to environmentalists agree. Let's protect our troll fishermen and industry for good."

The plaintiff in the case, WFC, argued that the Southeast Alaska salmon harvest is a primary contributor to the population decline of Southern resident killer whales hundreds of miles to the south in Puget Sound. WFC is the same organization that is petitioning to list King salmon in the Gulf of Alaska as "threatened or endangered" under the Endangered Species Act.

In their amicus brief, the congressional delegation noted that Congress allocated millions of dollars in recent years to support the survival of Southern Resident killer whales.

The State of Alaska and the Alaska Trollers Association are interveners in the lawsuit.

Timeline:

• On December 13, 2022, a Seattle-based magistrate judge ruled largely in favor of the WFC, an extreme environmental group challenging the National Marine Fisheries Service (NMFS) in the case. The ruling was subsequently appealed to the U.S. District Court in Seattle, Washington.
• On March 2, 2023, the Alaska House of Representatives passed a resolution urging state and federal agencies to defend the Southeast troll fishermen in court. The Alaska fishermen have also received resolutions of support from the City of Wrangell, the City of Sitka, and the Ketchikan Gateway Borough, among many others.
• On March 6, 2023, the Alaska congressional delegation filed an amicus brief with the District Court supporting the Southeast Alaska troll fishermen.
• On May 3, 2023, the Alaska congressional delegation condemned a ruling by the District Court in favor of the lawsuit filed by WFC that would effectively shut down the Southeast Alaska small boat troll salmon fishery. The District Court ruling was subsequently appealed to the Ninth Circuit.
• On June 2, 2023, the Alaska congressional delegation filed an amicus brief urging the Ninth Circuit to grant a stay, arguing the shutdown of the summer fishing season would be catastrophic to Southeast coastal communities and hard-working Alaska fishermen.
• On June 21, 2023, the Ninth Circuit granted a stay allowing Southeast Alaska troll fishermen to proceed with their July 1 season opener, in spite of an ongoing WFC-filed lawsuit.
• On October 6, 2023, the Alaska congressional delegation filed an amicus brief with the Ninth Circuit in support of the Southeast fishermen on the merits of the case.

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