Wes Humbyrd, Bob Wolfe and Dan Anderson filed a lawsuit to challenge a regulation that would permanently ban commercial salmon fishing in the federal waters of the Cook Inlet. They have sued the National Marine Fisheries Service, U.S. Secretary of Commerce, Gina Raimondo and NOAA Assistant Administrator, Janet Coit, arguing that the new rule to shut down a commercial salmon fishery in federal waters violates federal law and would decimate their livelihoods, according to Law360.
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. The final rule prohibits commercial salmon fishing in the federal waters off Cook Inlet, which is three nautical miles to 200 nautical miles off Alaska and is referred to as the Cook Inlet Exclusive Economic Zone.
In the federal court suit Tuesday, they state that the rule was proposed by a council whose members were unconstitutionally appointed.
In the complaint, the plaintiffs state: (Courtesy of Pacific Legal Foundation)
Humbyrd-v.-Raimondo-Complaint
Sen. Peter Micciche commented on the pending lawsuit:
“I think that Humbyrd vs. Raimondo is going to be one of several attempts to secure a stay in the closure of the Exclusive Economic Zone and I encourage that activity. I have said many times before, adoption of Alternative 4 was clearly, in my view, an example of poor public process. I think it could have gone many other ways and what I’ve done is called people to the table to work out a different solution. This is an attempt to do that. If it results in a stay and allows our fishermen in Cook Inlet to continue operating and doesn’t bunch all of the fisheries at the mouth of the Kenai and Kasilof Rivers, which would then, I feel, dramatically impact the other user groups, then I encourage that things move forward. I hope the ultimate result is that management is worked out in the EEZ like it is in several other fisheries in Alaska and that we can find a way to work together that doesn’t always have to involve a lawsuit.”
The plaintiffs request the court declare the fishery’s proposed closure illegal and that it prevent the December 3rd shutdown, according to Law360.
Lawyers from the Pacific Legal Foundation is representing the plaintiffs. The suit was filed on November 9th in the U.S. District Court for the District of Alaska with John Sedwick being the presiding judge.