ELR Citation: 55 ELR 20084
No(s). 3:24-cv-00116-SLG (D. Alaska Jun 30, 2025) (Gleason, J.)

A district court dismissed a lawsuit brought by a fishing group challenging NMFS' adoption of an amendment to a fisheries management plan (FMP) for salmon fisheries in the exclusive economic zone (EEZ) off the coast of Alaska. The group argued the amendment violated the Magnuson-Stevens Act (MSA) because it defined "fishery" to include only those salmon in the federal waters of Cook Inlet. It also argued the amendment's definition of "optimum yield" violated the MSA because NMFS was obligated to set optimum yield for any harvest of Cook Inlet salmon, whether it occurs in state or federal waters. The court found the MSA did not require NMFS to adopt an FMP that included waters outside the EEZ, and that it permitted NMFS to define a fishery based on a category of fish capable of management as a unit, and the Cook Inlet EEZ salmon constituted such a category. The group further argued the amendment violated National Standards 2, 3, and 10 under the MSA. The court found NMFS did not violate Standard 2 by adopting a definition different than the one recommended by its SAFE Team, did not violate Standard 3 because it provided a rational basis for determining that a single management of Cook Inlet salmon throughout their range was not practicable, and complied with Standard 10. It dismissed the suit.