Bycatch

A recent legal battle between the Groundfish Forum, representing the interests of Alaska’s flatfish fishing sector, and the U.S. government over new halibut bycatch regulations ended in favor of the National Marine Fisheries Service (NMFS). In a ruling delivered by U.S. District Judge Sharon Gleason, the court upheld Amendment 123, a decision that reinforces the government’s approach to managing halibut bycatch in the Bering Sea and Aleutian Islands (BSAI) fisheries. This case is an example of the tension between regulatory bodies, conservationists, and the fishing industry regarding sustainable practices in one of the world’s most economically valuable fishing zones.

The Alaska flatfish fishing industry, especially its bottom trawling sector, plays a substantial role in the BSAI region. However, the industry has long faced scrutiny over halibut bycatch. Limits have traditionally been a source of contention due to their direct effect on fishery profits and the need to protect halibut stocks, a critical species for commercial, recreational, and subsistence fishers.

“CBSFA has worked for nearly a decade to have the management of halibut bycatch changed to be more responsive to changes in the health of the halibut resource – to be abundance-based – and now we finally have closure,” said CBSFA President Ray Melovidov in response to the ruling.

On July 24, 2024, the U.S. Supreme Court issued a ruling that could reshape fisheries management in Alaska. The decision, centered on trawl bycatch practices, underscores the ongoing tension between environmental conservation and commercial interests. By invoking the legal principle of Chevron deference, the Court has mandated stricter regulations on bycatch, which could have significant implications for both marine ecosystems and the fishing industry.

The case was brought forth by a coalition of environmental groups and Alaskan tribes, who argued that the National Marine Fisheries Service (NMFS) was not adequately regulating bycatch under the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Bycatch is defined as the unintentional capture of non-target species during commercial fishing, which can result in substantial ecological harm. The plaintiffs contended that the NMFS’s regulations were insufficient to protect fish populations and the broader marine environment.

Chevron deference, a principle derived from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., played a crucial role in this decision. Chevron deference dictates that courts should defer to a federal agency’s interpretation of ambiguous statutory language, as long as that interpretation is reasonable. In this case, the Supreme Court evaluated whether the NMFS’s interpretation of the MSA was reasonable and whether it sufficiently addressed the issue of bycatch.

Articles Posted in Bycatch

US Court Dismisses Alaska Fishing Group’s Halibut Bycatch Lawsuit

The Supreme Court Trawl Bycatch Decision