A panel of federal judges will hear oral arguments on Thursday, in an appeal of a lower court ruling that threatened to halt the Southeast troll fishery for king salmon.
The Alaska Trollers Association, the State of Alaska, and other entities are appealing a Washington District Court ruling that found the National Oceanic and Atmospheric Administration violated endangered species and environmental laws. The ruling says NOAA’s National Marine Fisheries Service did so by allowing the Southeast trollers to harvest king salmon at rates that harmed a small population of endangered killer whales in Puget Sound, as well as well as several king salmon populations from the lower Columbia River.
That ruling would have effectively stopped Southeast trollers from fishing for kings — at least, until NMFS corrects its environmental analysis. But the Ninth Circuit Court of Appeals issued a stay on the lower court order in June of 2023, allowing the fishery to stay open for now.
The Washington-based conservation group Wild Fish Conservancy filed the initial suit four years ago. The organization’s case rests on the idea that the trollers are intercepting salmon that would otherwise feed the Puget Sound killer whales. The Wild Fish Conservancy has since petitioned the federal government to give Endangered Species Act protections to king salmon across the entire Gulf of Alaska.
Wild Fish Conservancy Director Emma Helverson told KFSK via email: “Wild Fish Conservancy is committed to taking all actions necessary, including through the ongoing appeal process, to prevent the further decline of the Southern Resident killer whales and wild chinook populations. Sustainable management of natural resources is essential for the well-being of coastal communities and ecosystems from Oregon to Alaska.”
Representatives from the Alaska Trollers Association and NOAA declined to comment on any litigation matters before the hearing.
In the San Francisco appeals courtroom on Thursday morning the State of Alaska, Alaska Trollers Association, and other entities will have an opportunity to argue against the lower court’s judgment against them. Then, the Wild Fish Conservancy will make its case for upholding it.
Judges Mark Bennett, Anthony Johnstone, and Milan Smith Jr. will hear the case in the Ninth Circuit Court of Appeals at around 9 a.m. Pacific time, or 8 a.m. Alaska time. You can view the court’s live video stream of the oral arguments here.
