Bering Sea trawl fleet files lawsuit over new halibut bycatch limits

A trade association representing the Bering Sea bottom-trawl fleet filed a lawsuit this week in federal court, arguing that new halibut bycatch limits are unfair and unlawful.

The North Pacific Fishery Management Council in December 2021 approved a new halibut bycatch quota system based on annual surveys of the valuable flatfish. Instead of the current fixed limits, a new abundance-based system means that when halibut stocks are low, bycatch caps could be cut by up to 35%.

Based in Washington state, Groundfish Forum — representing five companies and 17 bottom-trawl vessels — sued the National Marine Fisheries Service on Tuesday in response to the new limits, which are set to go into effect Jan. 1. Attorneys argue that the trawl fleet was unfairly singled out by the new rules that could result in “drastic economic consequences.”

The Bering Sea bottom-trawl fleet made an average of $334 million in total annual revenue between 2015 and 2020, according to the lawsuit. The fleet estimates that very low halibut numbers could potentially see it lose more than $100 million each year, along with hundreds of jobs.

In the 138-page complaint, the bottom-trawl fleet’s attorneys argue that great advances have been made to limit halibut bycatch since 2015, when a 25% reduction was enacted. Further mitigation efforts are simply not practicable, meaning trawling for yellowfin sole and other flatfish will invariably be halted if halibut stocks are low, according to court filings.

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The National Marine Fisheries Service and the National Oceanic and Atmospheric Administration stated that based on a 2021 survey of halibut stocks, the bottom-trawl fleet would need to cut bycatch by 25% from current regulatory limits. Halibut caught by the trawl fleet must be thrown overboard — dead or alive.

Chris Woodley, executive director of Groundfish Forum, declined to comment on the lawsuit while it is being litigated.

Halibut bycatch has become a lightning-rod issue in Alaska. The amount of halibut discarded by the Bering Sea bottom-trawl fleet in 2020 exceeded the amount caught by hook-and-line fishers — a common occurrence recorded since the 1990s.

For more than six years, supporters called for stricter incidental take caps of halibut in the Bering Sea region by the bottom-trawl fleet. In public testimony, commercial halibut fishers noted their quotas have been cut and said bycatch has hurt their livelihoods. Members of the predominantly Alaska Native community of St. Paul Island spoke about halibut as a critical food source and one of great cultural significance.

Marissa Wilson, executive director of the Alaska Marine Conservation Council, said a response to the bottom-trawl fleet’s lawsuit is being considered. She was heartened by the new abundance-based halibut caps and hoped they would see more juvenile halibut survive into adulthood.

“I would have liked to have seen greater restrictions, but this is still a step in the right direction,” she said.

Surveys indicate halibut stocks off the coast of Alaska have declined over the past 15 years. The International Pacific Halibut Commission projects further declines of spawning females, but federal fisheries managers say that reduced bycatch levels may see additional halibut harvests.

The case was assigned to U.S. District Court Judge Joshua Kindred. A first hearing has not yet been scheduled.

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