A federal appeals court ruled Friday that an Alaska salmon fishery can continue operation despite environmentalists’ concerns about its affect on killer whale populations.
The 9th U.S. Circuit Court of Appeals reversed a lower court decision that had threatened to halt fishing at Alaska’s Southeast troll salmon fishery. Wild Fish Conservancy, a conservationist group based in Washington state, sued to stop fishery operations in 2020 on the grounds that fishing for Chinook salmon was depleting a primary food source for endangered Southern Resident killer whales.
The Conservancy argued that NOAA Fisheries, which oversees the troll salmon fishery, violated the Endangered Species Act and the National Environmental Policy Act while drafting a 2019 biological opinion about fishing’s impact on the endangered killer whales. U.S. District Judge Richard Jones sided with the conservationists and ordered the fishery to be at least temporarily shuttered in May 2023, but a stay by the 9th Circuit kept the fishery open.
On Friday, a three-judge panel found that that the lower court had failed to consider the economic impact of stopping fishing, which the appellate judges determined was significant enough to warrant its continued operation.
