Suit could force changes to Cook Inlet fishery </MCC HEAD>

Story last updated at 12:09 AM on Thursday, May 7, 2009

Suit could force changes to Cook Inlet fishery

The court could agree with all or part or none of the suit.

To understand the lawsuit takes a bit of a history lesson, according to UCIDA executive director Roland Maw. Maw said that historically the Cook Inlet salmon fishery has taken place well outside the three-mile line demarking state waters. In 1952-54, before statehood, the federal government entered into treaty negotiations with Japan in an attempt to stop that country from catching Alaska-bound salmon offshore. Japan balked at being the only country denied access by the treaty, so the feds applied the treaty to everyone, essentially ending offshore salmon fishing with nets by all parties.

However, according to Maw, there were four fisheries that were protected from closure by the treaty because of their historical offshore nature. Those were what is now Area M, Prince William Sound, Southeast Alaska and Cook Inlet.

When statehood came along, Alaska received title to all resources not belonging to the federal government. Maw maintains those four fisheries belonged to the federal government and Alaska never received title to them, although they may have assumed they did. Even after statehood, there were agreements between the state and federal governments about how those four fisheries were to be managed.

"Then in the mid-70s, we had the Mangunson act," Maw said, "which created the EEZ, the Exclusive Economic Zone. The EEZ was from three miles to 200 miles. And that included those historical fishing areas for these four fisheries."

According to Maw, the 1954 treaty was rolled into the Magnuson Act (which became the Magnuson-Stevens Act in 1996). In addition, Maw said, the Magnuson Act specifically states the federal government maintains jurisdiction over all anadromous fish nationwide, including their spawning grounds (anadromous fish hatch in fresh water, migrate to the ocean, and return to fresh water to spawn).

The Magnuson Act directed the eight regional fishery management councils, such as the North Pacific Fishery Management Council (NPFMC), to develop Fishery Management Plans for all federal species, including salmon. The NPFMC did that in 1979, with amendments in 1980, 1981 and 1990. The 1990 version can be found on the NPFMC Web site at www.fakr.noaa.gov/npfmc/.

The 1990 amendment included two options: maintain federal management or defer management to the state. The latter was chosen, making the state of Alaska a trustee of the federal government in order to manage these fish. However, Maw added, "with a very important caveat: as long as they do it according to applicable federal laws. Well, what are the applicable federal laws?"

The 10 national standards under the MSA include managing for maximum sustained yield, efficiency, maintaining the character of coastal communities, and management decisions must be based on science. Other applicable federal laws, according to Maw, included the National Environmental Policy Act and the the Endangered Species Act. There also is a requirement in the Fishery Management Plans that the National Marine Fisheries Service provide annual oversight to ensure compliance.

The decision to file suit did not come quickly or lightly, Maw said. A number of steps laid out in the Fishery Management Plans were followed first, but netted no reply from the federal government. That led to the filing of the petition, which yielded no results.

Maw said UCIDA isn't sure what changes to expect if the lawsuit is accepted.

Perhaps because it is mentioned specifically in the lawsuit, dipnetters are viewing this as an attack on their fishery. Not so, said Maw. The state of Florida recently tried a residents-only personal use shrimp fishery, which was shot down by the courts. What that would mean for dipnetting is unclear.

UCIDA is expecting an answer to the lawsuit soon.

"If there's agreement, then we look at modifying fisheries, and if there's no agreement, then we get ready for trial."

Cristy Fry has commercial fished in Alaska since 1978. She currently fishes for halibut and salmon on the F/V Realist. She can be contacted at realist468@gmail.com.