US appeals court allows Alaska fishery to remain open
By Nate Raymond
Aug 16 (Reuters) -A federal appeals court on Friday reversed a judge's decision that would have effectively shuttered an Alaska salmon fishery, a result environmentalists sought in order to protect endangered whales and threatened wild Chinook salmon populations.
A three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals held that a judge in Seattle last year abused his discretion by vacating a key authorization issued by the U.S. National Marine Fisheries Services for the fishery's summer and winter Chinook salmon harvests.
U.S. District Judge Richard Jones at the urging of the Wild Fish Conservancy had in May 2023 vacated part of a so-called incidental take statement the fisheries service issued in 2019 that authorized the commercial Chinook salmon troll fishery in southeast Alaska.
He did so after finding it violated the Endangered Species Act by failing to adequately provide a plan to mitigate impacts from commercial fishing on threatened wild Chinook salmon and endangered southern resident orca that depend on them for food off the coasts of Washington, Oregon and Canada.
But the 9th Circuit panel on Friday said Jones went too far by taking the disruptive step of vacating the take statement instead of remanding the agency's decision for it to consider further but leaving it intact.
The panel said Jones "disregarded the likelihood that the take statement would be supported by better reasoning, and readopted, on remand," and "erred by overlooking the severe disruptive consequences of vacatur."
Millions of dollars in losses would be suffered by Alaskan fishermen if the fishery was suspended, yet Jones "glossed over these significant economic consequences" even as the Wild Fish Conservancy acknowledged uncertainty about how the fishery would affect the orcas, the court held.
The panel -- which included U.S. Circuit Judges Milan Smith, Mark Bennett and Anthony Johnstone -- said its decision was based partly on the service's commitment to fixing its errors before Dec. 1.
Representatives for the state and Wild Fish Conservancy either did not respond to requests for comment or had no immediate comment.
The case is Wild Fish Conservancy v. Quan, et al, 9th U.S. Circuit Court of Appeals, No. 23-35322.
For Wild Fish Conservancy: Brian Knutsen of Kampmeier & Knutsen
For the National Marine Fisheries Services: Thekla Hansen-Young of the U.S. Department of Justice
For Alaska: Laura Wolff of the Alaska Department of Law
For the Alaska Trollers Association: Douglas Steding of Northwest Resource Law
Read more:
US judge tosses authorization needed to open Alaska fishery
Reporting by Nate Raymond in Boston; editing by David Bario
免責聲明: XM Group提供線上交易平台的登入和執行服務,允許個人查看和/或使用網站所提供的內容,但不進行任何更改或擴展其服務和訪問權限,並受以下條款與條例約束:(i)條款與條例;(ii)風險提示;(iii)完全免責聲明。網站內部所提供的所有資訊,僅限於一般資訊用途。請注意,我們所有的線上交易平台內容並不構成,也不被視為進入金融市場交易的邀約或邀請 。金融市場交易會對您的投資帶來重大風險。
所有缐上交易平台所發佈的資料,僅適用於教育/資訊類用途,不包含也不應被視爲適用於金融、投資稅或交易相關諮詢和建議,或是交易價格紀錄,或是任何金融商品或非應邀途徑的金融相關優惠的交易邀約或邀請。
本網站的所有XM和第三方所提供的内容,包括意見、新聞、研究、分析、價格其他資訊和第三方網站鏈接,皆爲‘按原狀’,並作爲一般市場評論所提供,而非投資建議。請理解和接受,所有被歸類為投資研究範圍的相關内容,並非爲了促進投資研究獨立性,而根據法律要求所編寫,而是被視爲符合營銷傳播相關法律與法規所編寫的内容。請確保您已詳讀並完全理解我們的非獨立投資研究提示和風險提示資訊,相關詳情請點擊 這裡查看。