Protecting the Southeast Alaska Chinook salmon fishery has been a topic of intense debate and legal battles in recent years. On August 16, the 9th U.S. Circuit Court of Appeals made a significant ruling to keep the fishery open, providing relief for local fishing communities. The court reversed a previous decision by U.S. District Judge Richard Jones in 2023 that would have closed the fishery.
The key permit at the center of the controversy is known as a “take statement,” issued by the U.S. National Marine Fisheries Service (NMFS). This permit allows for the summer and winter harvests of Chinook salmon, which are a crucial food source for the endangered Southern Resident killer whales. The lower court had invalidated this permit, but the appeals court found that Judge Richard Jones had made an error in doing so.
The appeals court acknowledged that the NMFS’s management plan had some flaws, which need to be addressed. However, they concluded that the errors in the 2019 biological opinion, which assessed the impact of the fishery on endangered species, were not significant enough to warrant shutting down the entire fishery. The judges emphasized the severe economic consequences that closing the fishery would have on Alaskan fishermen and their communities, including Alaska Natives.
The Wild Fish Conservancy (WFC), a conservation group that filed a lawsuit challenging the NMFS’s authorization of the fishery, did not respond to the appeals court’s decision. However, they have previously expressed their commitment to protecting endangered species. The WFC argued that the fishery was depleting Chinook salmon populations, endangering the survival of the Southern Resident killer whales.
While the appeals court upheld the prey increase program, aimed at providing additional food for the killer whales, they criticized the district court for not considering the “severe disruptive consequences” of vacating the take statement. The court recognized the importance of the prey increase program in mitigating the negative impacts of reduced prey availability due to the fishery’s operations.
The WFC had questioned the effectiveness of the prey increase program and raised concerns about the reliance on hatchery programs as mitigation measures. They argued that these programs could have harmful impacts on wild salmon populations, including threatened Chinook salmon. The court’s ruling did not address the concerns raised by the WFC regarding the prey increase program.
It remains unclear what actions the WFC will take in response to the appeals court’s decision. However, this ruling provides a temporary reprieve for the Southeast Alaska Chinook salmon fishery and the local communities that depend on it for their livelihoods. The NMFS will now need to revise its management plan to address the flaws identified by the lower court and the appeals court. This case highlights the delicate balance between economic interests and the conservation of endangered species, a challenge that continues to be a topic of debate and legal battles.
