Reaction to setnet ruling

Two industry groups are applauding the Alaska Supreme Court opinion blocking a proposed statewide vote on banning commercial setnets in Cook Inlet and elsewhere.

Kenai Peninsula Fishermen's Association press release

Resources for All Alaskans press release

Industry group sees silver lining in sea lion ruling

Here's a press release from the Marine Conservation Alliance:

Jan. 20, 2012

MCA applauds portion of ruling in Steller sea lion case

A victory for open, transparent fishery management process

The Marine Conservation Alliance applauds a judge's ruling in the Steller sea lion lawsuit as a victory for those seeking a more open decision-making process in application of the Endangered Species Act.

In his ruling Thursday, U.S. District Judge Timothy Burgess found that the National Marine Fisheries Service violated the National Environmental Policy Act by failing to prepare an environmental impact statement and provide the public with sufficient opportunity to comment when the agency determined additional fishery closures were required to protect endangered Steller sea lions.

"Although western Aleutian Islands fisheries involved in this lawsuit begin the season with fishing restrictions in place, we are pleased that the court acknowledged that there were flaws in the NMFS process which should now be corrected," said Merrick Burden, executive director of MCA, a coalition of harvesters, processors and communities involved in Alaska groundfish and crab fisheries.

The court deferred to the technical expertise of the federal agency in finding that it had properly applied Endangered Species Act standards in its determination that some of the fisheries conducted in the Aleutian Islands region of Alaska could jeopardize the recovery of endangered Steller sea lions.

The state of Alaska and affected fishing companies initiated legal action to halt additional fishery closures because endangered Steller sea lion populations overall have been increasing and are estimated to exceed 50,000 animals in the U.S. and another 25,000 animals in Russia. The legal action challenged the scientific basis for the agency determination and the process used to make that decision.

With regard to the NEPA violation, Judge Burgess has indicated he will enter an injunction requiring NMFS to prepare an EIS in compliance with NEPA procedures, allow for public comment and provide meaningful responses to comments on the draft EIS. The court will set a deadline for that action. All parties in the case have until Feb. 8 to file further briefs to address remedies in the case.

Considerable debate remains about the cause of the population decline, including predation by killer whales and nutritional stress caused by climate change or competition for prey with fisheries.

NMFS reacts to sea lion decision

Here is a statement from the National Marine Fisheries Service, Alaska Regional Office, on the Steller sea lion ruling:

"Overall, we are pleased with the court's decision, which supports the science-based foundations of the fishery management regulations we have worked to put in place to protect the western Steller sea lion," said Alaska Regional Administrator Jim Balsiger. "Going forward, NOAA Fisheries will work with the Department of Justice to comply with the Court's request for briefing on a remedy in regards for the need for an environmental impact statement."

"We are certainly most sympathetic to the plight of fishermen in these trying times," Alaska Fisheries Science Center Director Doug DeMaster added. "A healthy ecosystem is in the long-term interest of fishermen, who depend more than most industries on natural resources. We are looking forward to working with our partners and the North Pacific Fishery Management Council to maintain healthy, robust ecosystems for the long-term economic benefit of fishers in Alaska."

Conservationists hail Steller sea lion ruling

Deckboss reckons we'll hear quite a bit of reaction to the big Steller sea lion ruling. Here's the first of it, from conservation group Oceana:

Jan. 19, 2012

Steller sea lion protections in Aleutian Islands upheld

Today, the U.S. District Court for the District of Alaska upheld protections for the western population of Steller sea lions. The new measures were put in place by the National Marine Fisheries Service to reduce competition between large-scale commercial fisheries and endangered Steller sea lions in the Aleutian Islands.

"It's a good day for our oceans," said Susan Murray, Oceana's senior director, Pacific. "This decision shows that responsible management requires steps to protect healthy ocean ecosystems including sustainable fisheries and vibrant communities. We are moving away from managing single species money fish and toward ecosystem-based management that takes into account the needs of apex predators in our oceans."

The court found that the agency based its decision on good science and, with one exception, followed appropriate process. According to the court, the agency did not comply with the law in failing to prepare a full environmental impact statement.

"Today's decision validates the agency's use of the best science to protect our oceans," said Colin O'Brien, staff attorney at Earthjustice. "The next step is a full evaluation of the impacts of fisheries on ocean ecosystems, including Steller sea lions."

Oceana and Greenpeace, represented by Earthjustice, intervened in the lawsuit to defend the new measures.

The parties will submit briefing on the scope of the new environmental impact statement by Feb. 8. The court indicated that protections will remain in place while the new analysis is prepared.