A drift boat rests at anchor in this July 2016 photo in Kenai, Alaska. (Photo by Elizabeth Earl/Peninsula Clarion, file)

A drift boat rests at anchor in this July 2016 photo in Kenai, Alaska. (Photo by Elizabeth Earl/Peninsula Clarion, file)

Conclusion reached in UCIDA lawsuit

The United Cook Inlet Drift Association’s lawsuit against the federal government has finally reached its conclusion, though its repercussions are far from over.

Alaska U.S. District Judge Timothy Burgess signed an order Aug. 3 stipulating the next steps for UCIDA and the National Marine Fisheries Service. A panel of three federal judges in the Ninth Circuit Court ruled in favor of UCIDA in September 2016, saying the North Pacific Fishery Management Council had been wrong to remove Cook Inlet’s salmon fisheries from federal oversight.

The order requires the National Marine Fisheries Service to file a report with the district court three times per year, keep the public involved in the council process of determining a proper rule and ensure that the National Marine Fisheries Service finalize a rule within a year of the council passing one. It also provides measures if the council doesn’t produce an amendment and the Secretary of the U.S. Department of Commerce, which oversees the National Marine Fisheries Service, has to produce a secretarial amendment.

It also gives UCIDA a right to ask the court to set a deadline for a new fishery management plan for Cook Inlet salmon if the council doesn’t form a stakeholder group that includes UCIDA. Both sides would still have the right to brief the court on their beliefs about a reasonable deadline date, according to the judgment.

When the fishery management plan was discussed as a budget item at the council’s meeting in April, the testifiers asked for some type of stakeholder group to be formed so the users could have a voice in the amendment process. The council passed a resolution solidifying the preliminary purpose and need for the FMP amendment, a number of alternatives and forming a stakeholder workgroup, which would decide its scope and agenda at future meetings.

UCIDA isn’t the only stakeholder group involved, either. When Cook Inlet was removed from the federal FMP in 2011 upon the council’s passage of Amendment 12 to the FMP, an area of Prince William Sound near Cordova and an area near the Alaska Peninsula were as well. Both those groups testified at the meeting in April that they wanted to be left under state management as much as possible.

Under an FMP, the management of the fishery would have to comply with federal sustainable fisheries criteria under the Magnuson-Stevens Act. Other fisheries that do use tools like annual catch limits and acceptable biological catches as compared to the state’s escapement goal-based management system for salmon.

The Aug. 3 judgment only mentions Cook Inlet. However, it doesn’t mean that the Alaska Peninsula and Prince William Sound fishermen will be left out of the discussion in the future. UCIDA Vice President Erik Huebsch said the court settlement was specifically applied to UCIDA and so didn’t address the other two groups. However, at the meeting n April , the council members asked if they could separate the three areas and address the FMPs separately.

“At some point, they’ll probably have to deal with (the other areas),” Huebsch said. “But … this whole FMP for Cook Inlet isn’t necessarily going to be what they end up with. One size doesn’t fit all in these things.”

There’s also still the matter of the state of Alaska asking the U.S. Supreme Court to take up the case, leaving the Ninth Circuit Court’s decision up in the air. The state, which filed to become an intervener in the case in 2013, asked the Supreme Court in February to overturn the Ninth Circuit Court’s decision on the grounds that the lower court didn’t understand the issue and that reverting to federal fisheries management could risk overfishing.

The Supreme Court, which is currently on break for the summer, is scheduled to consider the case during a conference Sept. 25. UCIDA filed its opposition in June.

Reach Elizabeth Earl at elizabeth.earl@peninsulaclarion.com.

More in News

Alaska Lt. Gov. Kevin Meyer speaks during a press conference announcing the administration’s push for changes to the state’s election system on Tuesday, Dec. 28, 2021, in Anchorage, Alaska. (Photo courtesy Kevin Goodman, State of Alaska)
Just 2 Alaska lieutenant governor candidates say 2020 presidential vote was fair

Alaska’s lieutenant governor will oversee the 2024 presidential election

Kenai Peninsula School District Superintendent Clayton Holland stand near the entrance to the district’s Soldotna offices on Thursday, March 17, 2022, in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Academics, staff recruitment among district priorities for upcoming school year

The superintendent is ready to see KPBSD return to the district’s pre-COVID-19 academic performance

Raymond Bradbury preserves his salmon while dipnetting in the mouth of the Kenai River on Saturday, July 10, 2021. (Camille Botello/Peninsula Clarion file)
Personal use harvest reports due Monday

Northern Kenai fishing report

Evelyn Cooley competes in the barrel race at the Kenai Peninsula Fair on Aug. 12, 2022, in Ninilchik, Alaska. (Jake Dye/Peninsula Clarion)
Music, magic, daredevils and pigs

Kenai Peninsula Fair brings an assortment of activities to Ninilchik

Signs direct voters at the Kenai No. 3 precinct on Tuesday, Oct. 5, 2021. (Camille Botello/Peninsula Clarion file)
Signs direct voters at the Kenai No. 3 precinct for Election Day on Tuesday, Oct. 5, 2021. (Camille Botello/Peninsula Clarion)
Local candidates report support from state PACs

Labor unions and the National Education Association are among the groups putting money into Kenai Peninsula state election races

Signs and examples on the recycling super sack at the Cook Inletkeeper Community Action Studio show which plastics are desired as part of the project in Soldotna, Alaska, on Aug. 11, 2022. Plastics from types 1, 2, 4 and 5 can be deposited.(Jake Dye/Peninsula Clarion)
Local nonprofit accepting plastics for synthetic lumber project

The super sack receptacles can be found on either side of Soldotna

This July 28, 2022, photo shows drag queen Dela Rosa performing in a mock election at Cafecito Bonito in Anchorage, Alaska, where people ranked the performances by drag performers. Several organizations are using different methods to teach Alaskans about ranked choice voting, which will be used in the upcoming special U.S. House election. (AP Photo/Mark Thiessen)
Groups get creative to help Alaska voters with ranked voting

Organizations have gotten creative in trying to help voters understand how to cast their ballot, as the mock election featuring drag performers shows

A school bus outside of Kenai Central High School advertises driver positions on Wednesday, Aug. 10, 2022, in Kenai, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Staff shortage, gas prices change school bus routes

The changes do not apply to the district’s special education students

The cast of “Tarzan” rides the Triumvirate Theatre float during the Independence Day parade in downtown Kenai, Alaska on Monday, July 4, 2022. (Camille Botello/Peninsula Clarion)
The show goes on as Triumvirate seeks funding for new theater

The troupe has staged shows and events and is looking to debut a documentary as it raise funds for new playhouse

Most Read