Cook Inlet Fisherman’s Fund appeals judge’s decision

  • By Molly Dischner
  • Wednesday, June 11, 2014 11:58pm
  • News

ANCHORAGE — The Cook Inlet Fisherman’s Fund is appealing a court decision that upheld the Alaska Department of Fish and Game’s 2013 management of Cook Inlet salmon fisheries.

The fisherman’s fund, or CIFF, filed an appeal with the Alaska Supreme Court June 10, according to CIFF attorney Bruce Weyhrauch.

Next, the record in the case must be prepared, and a transcript of the proceedings provided to the court, and then CIFF can file its opening brief.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

CIFF sued the Alaska Department of Fish and Game in July 2013, asserting that fisheries managers did not follow Cook Inlet salmon management plans appropriately that year and caused harm to commercial fishermen. After hearing oral argument May 29, Anchorage Superior Court Judge Andrew Guidi granted the state’s motion for summary judgment on June 2. He wrote in his final decision that there was no evidence that ADFG had “exceeded its authority in executing the emergency plan promulgated by the Alaska Board of Fisheries. Specifically, the Fund has failed to articulate any concrete way in which the Department overstepped its management authority other than the claim — already rejected on motion for preliminary injunction — that the Fund’s fishermen were entitled to 51 hours of extra fishing time by law.”

Weyhrauch listed seven points of appeal in the Supreme Court filing, asserting that the court erred at each step of the way, including when it granted ADFG’s motion for summary judgment and denied CIFF’s request for injunctive relief, constitutional claims, tort claims and discovery.

ADFG asked for summary judgment upholding its interpretation of the management plans in December, which was the focus of oral argument May 29.

CIFF opposed the request for summary judgment, and asked the judge to allow discovery so that more details about the 2013 management could be brought to light.

CIFF President John McCombs said that discovery would have helped CIFF — and the court — figure out what was going on with management last summer.

ADFG is responsible for day-to-day management of Cook Inlet salmon fisheries, while the Board of Fisheries approves the overarching management plans and makes allocative decisions for the fishery.

In recent years, the department has been tasked with conserving Kenai River king salmon, which have had particularly low returns, while allowing opportunities to harvest Kenai River sockeyes, which are plentiful.

CIFF had said that the eastside setnet fleet was harmed when ADFG limited fishing time to conserve king salmon. The setnetters primarily target sockeyes, but also catch kings.

Last summer, CIFF asked for a preliminary injunction requiring Fish and Game to follow certain aspects of the Cook Inlet salmon management plans, and both sides argued the case in Anchorage Superior Court.

Guidi ruled that the injunction was not necessary, in part because a remedy was available if he later determined that managers had erred, and in part because he would simply be substituting the court’s judgment for managers if he ruled in favor of changing their practices. Guidi referenced that decision in his order supporting ADFG’s motion for summary judgment.

CIFF, along with the United Cook Inlet Drift Association, has also challenged the federal decision that formally removed Cook Inlet from the federal salmon fishery management plan, eliminating the potential for federal oversight. That lawsuit is currently working its way through federal district court in Anchorage; oral argument was heard May 26, and a decision is pending.

McCombs said previously that the June 2 superior court ruling was a disappointment.

“I just don’t think the Department of Fish and Game did their job when it came to managing the fishery,” he said.

Molly Dischner can be reached at molly.dischner@alaskajournal.com.

More in News

Jason Criss stands for a photo in Soldotna, Alaska, after being named a qualifier for the Special Olympics USA Games on Thursday, July 10, 2025. (Jake Dye/Peninsula Clarion)
Soldotna athlete to compete in 2026 Special Olympics USA Games

Thousands of athletes from across all 50 states will be competing in 16 sports.

The entrance to the Homer Electric Association office is seen here in Kenai, Alaska on May 7, 2020. (Photo by Brian Mazurek/Peninsula Clarion)
HEA opens bids for real property

The deadline to submit bids is 5 p.m. on Aug. 11.

Arturo Mondragon-Lopez, Jr. (right) attends a change of plea hearing related to the October 2023 fatal shooting of Brianna Hetrick on Wednesday, Feb. 5, 2025, at the Homer Courthouse in Homer, Alaska. (Delcenia Cosman/Homer News)
Mondragon-Lopez sentenced for death of Homer woman

Arturo Mondragon-Lopez, Jr. accepted a plea deal in February for the shooting of Brianna Hetrick.

Soldotna City Hall is seen on Wednesday, June 23, 2021 in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Soldotna OKs $395,000 capital plan

This year’s list of capital projects is “nominal compared to some past years,” according to officials.

A map of areas proposed for annexation by the City of Soldotna. (Provided by City of Soldotna)
Soldotna adds annexation proposal to ballot

The proposed annexation is split across five small areas around the city.

Nets are extended from North Kenai Beach in Kenai, Alaska, during the first day of the Kenai River personal use dipnet fishery on Thursday, July 10, 2025. (Jake Dye/Peninsula Clarion)
‘A really good day’

Kenai River personal use sockeye salmon dipnet fishery opens.

The entrance to the Kenai Peninsula Borough building in Soldotna is seen here on June 1. (Photo by Brian Mazurek/Peninsula Clarion)
Borough assembly to consider ordinance to increase residential property tax exemption

If approved by voters in October, the ordinance would increase the tax exemption by $25,000.

Vice President Kelly Cooper speaks during a meeting of the Kenai Peninsula Borough Assembly in Soldotna, Alaska, on Tuesday, July 8, 2025. (Jake Dye/Peninsula Clarion)
Borough considers seasonal sales tax rate

Borough sales tax would be modified from a flat 3% to a seasonal model of 4% in summer months and 2% in winter months.

Most Read

You're browsing in private mode.
Please sign in or subscribe to continue reading articles in this mode.

Peninsula Clarion relies on subscription revenue to provide local content for our readers.

Subscribe

Already a subscriber? Please sign in