U.S. District Judge Sharon Gleason has sided with Alaska in a contentious case about who gets to control salmon fishing in certain waters.
Gleason upheld the National Marine Fisheries Service’s (NMFS) adoption of Amendment 16 to the federal salmon fishery plan for the Cook Inlet Exclusive Economic Zone (EEZ). The ruling confirms that NMFS is not obligated to regulate salmon fishing in state waters.
Opponents of Amendment 16 had argued that the measure violated the Magnuson-Stevens Act, which is the primary law governing marine fisheries in U.S federal waters and was created to prevent overfishing, rebuild depleted fish stocks and protect marine eco systems.
Opponents also argued the measure violated the Administrative Procedure Act (APA), a law that governs how federal agencies can create and enforce rules, claiming that NMFS should be required to manage salmon stocks across their full range or everywhere that salmon swim, including within state-managed nearshore waters.
The court disagreed. Judge Gleason affirmed that the MSA permits NMFS to manage fisheries as distinct units, and that the Cook Inlet EEZ salmon fishery qualifies. The decision also reinforced that NMFS’s jurisdiction is limited to federal waters, which begin three miles offshore.
Attorney General Treg Taylor praised the decision, calling it “a victory for Alaska and our salmon fishery.” He added, “It upheld the state’s rights and responsibilities to managing our waters. I want to congratulate the hard work and dedication of our Department of Law attorneys, especially Aaron Peterson, who have been tirelessly defending Alaska’s interests.”
