NOAA Fisheries issued a final rule to implement Amendment 14 to the Fishery Management Plan for the Salmon Fisheries in the Exclusive Economic Zone off Alaska (Salmon FMP). The Final Rule, which was filed in the Federal Register, prohibits commercial salmon fishing in the federal waters off Cook Inlet. This area is 3 nautical miles to 200 nautical miles off Alaska and is referred to as the Cook Inlet Exclusive Economic Zone.
Sen. President Peter Micciche told KSRM:
“Clearly I’m disappointed on NOAA moving forward with what I see as poor public process in closing half of the Cook Inlet drift fishery area, which is essentially what is represented by the Exclusive Economic Zone. It’s half of the area and many fishermen only fish in the EEZ. I’m a Cook Inlet drift fisherman. I fish about half of my time in the EEZ. Although this is the result of a lawsuit that was laced with unintended consequences, and I absolutely agree with that, people should have come to the table and been able to work this out and that’s not what happened. During the public process, there were hundreds of comments against this alternative, alternative 4, which closed the EEZ. There was one comment in favor. There was clearly a lot of public process and the North Pacific Fisheries Management Council who voted to support alternative four. The Alaska Department of Fish and Game made it very clear that they would not support any other alternative. I’m disappointed in the Council. I’m disappointed with the Department. We have to do better.”
The measure will be in place for the 2022 Cook Inlet EEZ commercial salmon fishery affecting the Cook Inlet drift gillnet fishery. It does not close salmon fishing in state waters. The Cook Inlet drift gillnet fleet can continue to operate in state waters, according to NOAA Fisheries.
The North Pacific Fishery Management Council first developed the Salmon FMP under the Magnuson-Stevens Act more than 40 years ago. The current one excludes designated federal waters in Cook Inlet, which allowed the state to manage commercial fishing in the area.
Cook Inlet commercial salmon fishermen and processors challenged the exclusion of the Cook Inlet EEZ from the Salmon FMP. After appeal, the Ninth Circuit held that the Cook Inlet EEZ must be included in the Salmon FMP to comply with the Magnuson-Stevens Act, which requires Fishery Management Councils to prepare FMPs for fisheries under their jurisdiction that require conservation and management.
The Council recommended and NOAA Fisheries is implementing Amendment 14 to the Salmon FMP and Federal regulations to comply with the decision. Amendment 14 specifically addresses the Cook Inlet EEZ and the commercial salmon fishery that occurs there.
In December 2020, the North Pacific Fishery Management Council voted to recommend Amendment 14 to the Salmon FMP in response to the Ninth Circuit ruling.
