Lawmakers, city officials and Alaska tribes are asking a US Ninth Circuit Court of Appeals to suspend a Washington state district ruling that will close the Southeast Alaska king salmon troll fishery this summer and winter, bringing with it potential economic devastation to local fishing communities that rely on the fishery.
The lawsuit, filed by NGO Wild Fish Conservancy, led a Washington state judge in May to order the fishery be closed because it violates the US Endangered Species Act by potentially impacting a food source for resident killer whales.
"Though there is uncertainty as to how much prey would ultimately reach the SRKW [Southern Resident killer whale], the record before the court suggests that closure of the fisheries meaningfully improves prey available to the SRKW, as well as SRKW population stability and growth under any scenario," the judge ruled in May.
The lawsuit, which is aimed at the National Oceanic and Atmospheric Administration (NOAA), stemmed from a 445-page biological opinion on the issue that was released by NOAA's National Marine Fisheries Service (NMFS) in 2019.
In that opinion, NMFS, the agency overseeing fisheries and aquaculture in the United States, said the Southeast Alaska commercial salmon troll fishery would have no significant impact on fish available for the orcas.
Impact already being felt
The ruling is already affecting this summer's fishing season. The Alaska Department of Fish & Game (ADF&G) announced in late May the fishery will be closed for king salmon fishing "unless the Ninth Circuit Court of Appeals grants a stay of the vacatur order or NMFS has the required documents completed and approved."
Having the Ninth Circuit allow a stay of the order -- which could stop or suspend a proceeding temporarily or indefinitely -- could at least allow the trollers to fish for king salmon when the season begins July 1.
The state has requested a decision by June 23 so fishermen have adequate time to prepare for the summer season, said ADF&G.
In a resolution that was submitted earlier this month as part of hundreds of pages of testimony from federal, state and local officials, the Alaska state legislature said, if successful, the lawsuit could impact other salmon fisheries by undermining the state's ability to manage its resources. Additionally, the lawsuit would impact agreements between the United States and Canada under the Pacific Salmon Treaty, it added.
Those comments are being backed by Alaska lawmakers Mary Peltola, Dan Sullivan and Lisa Murkowski.
"The economic and social impact of this closure will be severe in many of our remote communities, where a significant fraction of our residents rely on trolling as a primary source of income," the lawmakers said.
Allowing the fishery to close this summer through winter would result in an estimated $29 million (€27 million) annual loss.
Lawmakers further noted that the continuation of fisheries off the coasts of Oregon, Washington and Canada means that the closure "provides no meaningful biological benefit" when it comes to preventing the extinction of the endangered whale population.
The Alaska Trollers Association (ATA) said being closed 10 months out of the year, per the judge's order, would close the entire fishery "because trolling may no longer be economically viable if limited to two months each year."
"The economic impacts of this remedy cannot be reduced to mere numbers that may seem insignificant to an area like Seattle," the Trollers Association said. "They will be damning to an entire way of life in Alaska that has existed for generations."
The troll fleet is one of the largest fleets in the state and the largest fleet in Southeast Alaska. In 2019, approximately 1,450 fishermen earned income directly from the fishery. State residents comprise 85 percent of the state's commercial troll permit holders, making it the highest level of local ownership of any major fishery in the state.
The Southern Southeast Regional Aquaculture Association, the United Fishermen's Alliance, the Southeast Alaska Seiners Association, the Sitka Tribe of Alaska and several Alaska cities have already asked that the state of Alaska "work with Alaska’s congressional delegation to protect Alaska’s fisheries from present and future misdirected or malicious lawsuits."
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