Federal appeals court ruling eliminates — for now — legal threat facing Southeast Alaska fishermen

A three-judge panel at 9th U.S. Circuit Court of Appeals has overturned a lower-court decision that could have temporarily halted troll fishing for salmon in Southeast Alaska.

The appellate court decision, announced Friday, clears the way for the region’s troll fishery to continue. It had been threatened by a lawsuit from the Washington-based Wild Fish Conservancy, an environmental group.

The group filed suit in 2020, arguing that National Marine Fisheries Service rules applied to the fishery were inadequate when it came to protecting endangered killer whales that live in Puget Sound.

A U.S. District Court judge in Washington state agreed with the group, ruling in May 2023 that the biological opinion — a document that underpins fishing rules — was inadequate. Southeast Alaska’s troll fishery would be shut down as a consequence.

The ruling shocked Alaskans. Troll fishing in Southeast Alaska happens on a small scale, with individual fishermen and small groups working by hook and line. The state, tribal groups, local fishermen and even Alaska environmental groups — who have praised the troll fishery’s low impact on the environment — all filed documents urging the 9th Circuit to pause the District Court ruling.

During oral arguments in July, comments from the three-judge panel hearing the issue made it seem as if they were inclined to rule in favor of Alaskans.

On Friday, the panel confirmed that inclination, ruling that the District Court had “abused its discretion” and “erred by overlooking the severe disruptive consequences” of its action.

SalmonState, an Alaska-based conservation group, was among the groups opposing the lawsuit. Tim Bristol, the group’s executive director, said in an emailed statement that the ruling “shows the Wild Fish Conservancy’s attempt to shut down all Chinook fishing by Alaska hook and line trollers was the wrong diagnosis and the wrong prescription for the endangered Southern Resident Orca’s future survival.”

The National Marine Fisheries Service is already at work on a new biological opinion, which is scheduled to be released before Dec. 1.

A new round of lawsuits is possible after that.

Emma Helverson, director of the Wild Fish Conservancy, said this week’s ruling is “disappointing, to say the least.”

“We will continue to take every action necessary to ensure the management of this fishery will not continue to harm salmon recovery, ecosystems, coastal communities coastwide,” she said by email.

Originally published by the Alaska Beacon, an independent, nonpartisan news organization that covers Alaska state government.