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  • UCIDA Lawsuit and Recent NPFMC Response

    https://www.homernews.com/news/seawa...-npfc-meeting/

    An excerpt: In its court filing, NMFS replied that “UCIDA’s motion asks this court to issue an order requiring the government to usurp the State’s sovereign right to manage salmon in State waters.”

  • #2
    Apparently the Drift Association thought they'd pull a more-beneficial-to-their-esteemed-selves management plan out like a prize from a cracker jack box....who could have predicted that litigation of this kind would prove so time-consuming?
    "– Gas boats are bad enough, autos are an invention of the devil, and airplanes are worse." ~Allen Hasselborg

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    • #3
      Originally posted by cdubbin View Post
      Apparently the Drift Association thought they'd pull a more-beneficial-to-their-esteemed-selves management plan out like a prize from a cracker jack box....who could have predicted that litigation of this kind would prove so time-consuming?
      This is a complicated issue and the reason it is in the courts. The MSA says without question salmon are owned by the Federal Gov and management is under MSA at a minimum in Federal waters. The act requires a fishery management plan. In fact, the State has been operating under an old FMP that delegated management to the State by the Federal government. Note the Federal response is wrong above as the State never had authority in Federal or State waters. The State never had the sole authority to manage salmon and the first court case validated that position. However, the Council decided that the FMP would only be applied to federal waters. Thus for the last two to three years they have stonewalled dealing with State waters. So UCIDA is asking the judge in the case to make a final ruling. I assume no matter what the ruling it will be appealed to the 9th circuit.

      It should be noted that around the country the Federal oversight under MSA has defined actions in State waters. So it will be interesting to see how this plays out. It is a major ruling no matter which way it goes. But there is no doubt that in at least federal waters of UCI the Federal government must write a management plan and that includes salmon escapement goals, management actions, and compliance with federal standards. The court has already ruled on that point all the way to the Supreme Court.

      This is not a bad outcome as it could bring dollars for habitat protection, dealing with invasive species, and new eyes to the fishery. It does not mean that much will change from a management viewpoint if the State regulations via the Board of Fishery are in compliance with the standards. I see the major issue as the PU fishery. The standards note that no salmon fishery can be exclusive to residents only. The PU fishery is without a doubt in violation of that standard. The other standards have varying impacts - the article states that the goals must be MSY goals but that is not that straight forward. There are options available that make MSY management flexible.

      Lets face it that the State and Federal Gov must work together to manage this fishery. So far the Federal government has dropped the ball on their contribution for almost two decades so it is time they step back into the game. A ruling on what constitute the fishery - just federal waters or all waters of UCI should be forthcoming within a couple of months.

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      • #4
        I think we all know "the reason it is in the courts", nerka....as well as the motivations behind it...($$$$$)....
        ...if the drifters really want a slam dunk here, they should use as precedent another wild salmon fishery which completely aligns with the MSA....we'll all wait....

        P.S: if PU is illegal, so are all subsistence fisheries...enjoy that can o worms....
        "– Gas boats are bad enough, autos are an invention of the devil, and airplanes are worse." ~Allen Hasselborg

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        • #5
          Originally posted by cdubbin View Post
          I think we all know "the reason it is in the courts", nerka....as well as the motivations behind it...($$$$$)....
          ...if the drifters really want a slam dunk here, they should use as precedent another wild salmon fishery which completely aligns with the MSA....we'll all wait....

          P.S: if PU is illegal, so are all subsistence fisheries...enjoy that can o worms....
          Of course it is about money. A well managed fishery allows commercial operaters to make a profit. Then one can pay boat and permit payments, crewshares, fuel,insurance and supplies. And hopefull have some left over to pay living expenses. Something wrong with that?

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          • #6
            I should add that the central k.p.rivers exceeded the escapement goals by over half million sockeye,worth approximately 5 million dollars. That to me is$$$$$

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            • #7
              Originally posted by gunner View Post
              I should add that the central k.p.rivers exceeded the escapement goals by over half million sockeye,worth approximately 5 million dollars. That to me is$$$$$
              Lost to commercial fisherman, but I got to believe the tourism industry gained $$$$ because the in river red fishing was so good. Anybody know what Fred Meyer’s sales were from July 15 to August 15?

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              • #8
                Originally posted by penguin View Post
                Lost to commercial fisherman, but I got to believe the tourism industry gained $$$$ because the in river red fishing was so good. Anybody know what Fred Meyer’s sales were from July 15 to August 15?
                You may be right in your assumption,but I know several fred meyer employees that work there. Their hours were not increased,nor were there any bonuses or salary inreases received by the employees I know during this time frame. So most of the increased profits went to corporate headquarters in Washington. Some increased sales tax revenue stayed in the community of course. The majority of uci oermits are held by alaskans ( you can look this up on cfec, it is a fact),such as I . I live here 12months a year and spend almost all of my income locally.

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                • #9
                  500k over escapement of sockeye...while king salmon stocks were at a virtual historic low. Seems like putting those sockeye in the rivers allowed for a few more king salmon to obtain a free pass as well. Managing a mixed stock commercial fishery can be challenging to say the least but it is prudent for managers to protect and consider the impacts to all the stocks being harvested not just those being targeted.

                  Fred Meyers..do you really believe Fred Meyers would be in Soldotna if it wasn't for the increase of customers / sales during the summer tourist season?

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                  • #10
                    In answer to your question IceBlue, yes I do. Their busiest day of the year is black friday,a day which management has said the soldotna store is one of the busiest in the nation. I don't think many of those black friday shoppers are tourists. In fact, go there at 11 a.m. today and fight the crowds.

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                    • #11
                      Substantially increasing the inriver subsistence fishery, via gillnets or fish wheels, could be one solution to the over escapement problem...distribute the fish to local communities, like the Ninilchik Council has been doing. Tourists would actually get to see some traditional and cultural lifeways in action, rather than the ruthless, greedy monetization of the resource that has overtaken the KP and Cook Inlet....also MatSu fish wouldn't be targeted...win win.
                      "– Gas boats are bad enough, autos are an invention of the devil, and airplanes are worse." ~Allen Hasselborg

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                      • #12
                        Ruthless? Greedy?. Thanks, neighbor. Have a good weekend.

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                        • #13
                          Originally posted by gunner View Post
                          Ruthless? Greedy?. Thanks, neighbor. Have a good weekend.
                          Unfortunately, yes...oftentimes that's exactly how it comes across, both commercial and sport industries....almost a gold rush mentality. Myself, I don't think concentrating more and more of a public resource in fewer and fewer private hands is the optimal solution...
                          "– Gas boats are bad enough, autos are an invention of the devil, and airplanes are worse." ~Allen Hasselborg

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                          • #14
                            Originally posted by gunner View Post
                            You may be right in your assumption,but I know several fred meyer employees that work there. Their hours were not increased,nor were there any bonuses or salary inreases received by the employees I know during this time frame. So most of the increased profits went to corporate headquarters in Washington. Some increased sales tax revenue stayed in the community of course. The majority of uci oermits are held by alaskans ( you can look this up on cfec, it is a fact),such as I . I live here 12months a year and spend almost all of my income locally.
                            Maybe I shouldn’t have used a national retailer as an example of a business that saw an increase because of the great red fishing in the rivers. How about this. Did you go into Trustworthy Hardware from July 15-August 15? Extremely busy whenever I stopped in and their fishing inventory was low, very low. I tried to find a replacement fly rod and reel during the third week of July and they were out. Good for them, bad for me.

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                            • #15
                              Just returned from trustworthy. Got their bucket sale going on. Was at freddys earlier today and wife will grocery shop there and safeway tomorrow.I doubt these brick and mortar stores could survive on july 15- aug.15 business only, but it is a nice shot in the arm for them.

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