Top legal showdown: 9th Circuit set to hear arguments on Southeast king salmon troll fishery lawsuit

Breaking News: King Salmon Caught in Spring Commercial Troll Fisheries Sparks Legal Battle

A panel of federal judges is set to hear oral arguments on Thursday, July 18, in an appeal of a lower court ruling that could potentially 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 NOAA Fisheries violated endangered species and environmental laws. The ruling states that the agency allowed the Southeast trollers to harvest king salmon at rates that harmed a small population of endangered killer whales in Puget Sound, as well as several king salmon populations from the lower Columbia River.

If upheld, this ruling would have stopped Southeast trollers from fishing for kings until the National Marine Fisheries Service corrects its environmental analysis. However, the Ninth Circuit Court of Appeals issued a stay on the lower court order in June of 2023, allowing the fishery to remain open for now.

The Washington-based conservation group Wild Fish Conservancy filed the initial suit four years ago, arguing that the trollers are intercepting salmon that would otherwise feed the Puget Sound killer whales. The organization has also petitioned the federal government to extend Endangered Species Act protections to king salmon across the entire Gulf of Alaska.

Wild Fish Conservancy Director Emma Helverson stated, "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."

Representatives from the Alaska Trollers Association and NOAA declined to comment on any litigation matters before the hearing.

In the San Francisco appeals courtroom, the State of Alaska, Alaska Trollers Association, and other entities will have the chance to argue against the lower court’s judgment. The Wild Fish Conservancy will then present its case for upholding it.

Judges Mark Bennett, Anthony Johnstone, and Milan Smith Jr. will preside over the case in the Ninth Circuit Court of Appeals at around 9 a.m. Pacific time. You can view the court’s live video stream of the oral arguments here.

Shelby Herbert, KFSK - Petersburg

What do you think?

• Should commercial troll fishing for king salmon be regulated more strictly to protect endangered species?
• Do you believe conservation groups have a valid argument in this case?
• How can sustainable management of natural resources be balanced with economic interests?