United Cook Inlet Drift Association is hailing as a victory for fishermen a Ninth Circuit Court of Appeals decision in the case of UCIDA and Cook Inlet Fishermen’s Fund against the National Marine Fisheries Service.
In a unanimous decision released on Sept. 21, the Ninth Circuit Court held that the plain language of the Magnuson-Stevens Fishery Conservation and Management Act requires the North Pacific Fishery Management Council to develop a fishery management plan for Cook Inlet salmon fisheries, and that the delegation of that authority to the state and the Alaska Department of Fish and Game can only occur through a fishery management plan that complies with MSA requirements, UCIDA said in a statement.
The ruling allows Cook Inlet salmon resources to once again benefit from the Magnuson–Stevens Act, UCIDA said.
The appeals court revered and remanded the case back to the lower court. A copy of the decision is online at http://cdn.ca9.uscourts.gov/datastore/opinions/2016/09/21/14-35928.pdf
Chris Oliver, executive director of the NPFMC, said he was not at liberty to comment on the court’s decision.
“This 40-year-old fisheries act is a global model of sustainability, UCIDA said.
“One of the MSA’s authors, our very own Sen. Ted Stevens, had an exceptional vision for our nation’s fisheries, especially for those in his home state of Alaska. Many elements of the state of Alaska’s fishery management are woven into the fabric of the MSA.”
UCIDA said that with use of standards described in the MSA, such as conservation, sustainability, prevention of overfishing, and by utilizing the best scientific information available, the salmon resources of Cook Inlet will be sustainable and bountiful for all Alaskans who rely on Cook Inlet salmon for recreation, healthy food, and jobs, for generations to come.
