Tuesday, December 14, 2010

State sues NMFS over planned sea lion closures

Alaska Gov. Sean Parnell has made a habit of suing the federal government. Now he's suing again.

Here's the press release:

Dec. 14, 2010

State sues to overturn NMFS decision on western Steller sea lions

ANCHORAGE — The state of Alaska today filed suit in the U.S. District Court for Alaska against the National Marine Fisheries Service over the agency's decision to significantly curtail fishing in the western Aleutian Islands out of concern for Steller sea lions.

The state argues that NMFS failed to make "a rational connection" between the facts it found and the conclusions it reached, given that western Steller sea lions had an average annual population growth between 1 and 1.5 percent between 2000 and 2008, and now number more than 70,000.

"The agency's conclusion that additional fishing restrictions are necessary is not supported by the best available scientific information," Gov. Parnell said. "The drastic measures proposed by NMFS are simply not necessary given the overall health of the Steller sea lion population. This decision will have immediate and significant impacts on local communities and fishermen in the area."

As many as 900 people are employed by fishing fleets in the area facing restrictions. NMFS acknowledges that implementation of its decision would cost fishery losses of up to $66 million annually.

State officials also believe the federal agency committed numerous procedural violations, which had the effect of limiting the opportunity for public and expert comments.

"The state submitted extensive comments on both the process and the foundational science used to reach this decision," said acting Fish and Game Commissioner Cora Campbell. "We are extremely disappointed that NMFS did not adequately consider these concerns and did not more fully incorporate the recommendations of the North Pacific Fishery Management Council in its action. We are also very disturbed about the lack of meaningful public process."

A copy of the complaint is available here.


Anonymous said...

"We are also very disturbed about the lack of meaningful public process." Cora Campbell

Mirror, Mirror, on the Wall, who's the fairest of them all... Cora Campbell's Fish Board who Else!

"This suit arises from a cooperative fishing program promulgated by the Alaska Board of Fisheries ("the Board"). Michael Grunert ("Grunert"), a fisherman who did not participate in the program, successfully challenged it in the Alaska Supreme Court on grounds that it violated the state's [*2] Limited Entry Act. See Grunert v. State, 109 P.3d 924 (Alaska 2005) (challenging original program); see also State v. Grunert, 139 P.3d 1226 (Alaska 2006) (challenging subsequent amended program).

Alaska sues the Commerce Secretary? When facts prove Alaska's cannot even read the Commerce Clause, the most confused clause, in your Juneau AG's office, forever.

Just go ask former Governor Gary Locke, who's just as ignorant as Shawn Parnell, this suit will be a hoot, from two who have never added to American Commerce in their entire lives.

United States v. Locke, with
Justice Kennedy (9-0) to your drunken sailors at your local AG office, using the ADA Title I lawyer employment cause for a job.

"The State of Washington has enacted legislation in an area where the federal interest has been manifest since the beginning of our Republic and is now well established. The authority of Congress to regulate interstate navigation, without embarrassment from intervention of the separate States and resulting difficulties with foreign nations, was cited in the Federalist Papers as one of the reasons for adopting the Constitution. E.g., The Federalist Nos. 44, 12, 64. In 1789, the First Congress enacted a law by which vessels with a federal certificate were entitled to “the benefits granted by any law of the United States.” Act of Sept. 1, 1789, ch. 11, §1, 1 Stat. 55

Meaningful Public Public Process, confusing from Juneau to Olympia, and all points in between your state lawyers since September 1, 1789.

Georg Steller, would have cut Sea Lion bait with these politicians, and their rag tag team of flunkey attorney generals, and as always fishin for tuition forever!

"C. Declare that Defendants’ actions, as set forth above, were arbitrary and
capricious, an abuse of discretion, not in accordance with law, and without observance of
procedure required by law;"

The complaint reads as a perfect example of Cora's very own Department of the confused.

Anonymous said...

When you get a 800 plus page document and are expected to comment on it one week later. Or when you promise the final version will be out Dec 1, then you delay and deliver it at the Council meeting one week later. There was no consultation with affected tribes which goes against Law (maybe just policy. That does seem like the public process was skirted.

umbriago said...

can anyone translate the point of comment one?

Anonymous said...

Nulli vendemus, nulli negabimus aut differemus rectum aut justiciam.

Omnes mercatores habeant salvum et securum exire de Anglia, et venire in Angliam, et morari, et ire per Angliam, tam per terram quam per aquam, ad emendum et vendendum, sine omnibus malis toltis, per antiquas et rectas consuetudines, preterquam in tempore gwerre, et si sint de terra contra nos gwerrina; et si tales inveniantur in terra nostra in principio gwerre, attachientur sine dampno corporum et rerum, donec sciatur a nobis vel capitali justiciario nostro quomodo mercatores terre nostre tractentur, qui tunc invenientur in terra contra nos gwerrina; et si nostri salvi sint ibi, alii salvi sint in terra nostra.

Anonymous said...

Well written! And who said Latin was a dead language. Combine that knowledge with a degree in art history, and you can write your own ticket to blog away at home all day in your PJs. Semper ubi sub ubi.

Anonymous said...

Can't top this.....lmaooo!!

Anonymous said...

i am amazed that there are not more law suits against nmfs and the trawl bycatch industry.
are there no seattle lawyers willing to take action on behalf of alaska's longliners,trollers,seiners,gillnetters,pot fishers,charter boats,dip netters,sport fishers,and subsistence fishers?{i've precluded alaskan "lawyers" because they have been bought off by big timber,big mining,big oil,and big trawling or they are totally gutless.}