Tag Archives: U.S. 9th District Court of Appeals

Alaska’s fishermen and communities celebrate decision to allow Southeast Alaska’s Chinook troll fishery to open on July 1st

June 23, 2023   North Pacific

Southeast Alaska’s fishermen and communities welcomed the U.S. 9th District Court of Appeals’ decision on June 21st to keep Southeast Alaska’s Chinook troll fishery open while the National Marine Fisheries Service (NMFS) addresses a technicality in its 2019 Biological Opinion for Southeast Alaska’s salmon fisheries. In its order, the federal appeals panel shared that there was ample evidence submitted showing that the impacts of shutting down the Alaska salmon fishing industry would “outweigh the speculative environmental threats” of keeping the fishery open. “The court’s decision is a huge relief for hundreds of small-boat fishing families that rely on this fishery for their income,” said Linda Behnken, Executive Director of the Alaska Longline Fishermen’s Association. >click to read< 07:15

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California’s higher fees for out of state commercial fishing licenses upheld

December 22, 2016   Pacific

California’s nonresident fee differential for four commercial fishing licenses, vessel registration and permits is constitutional, the U.S. 9th District Court of Appeals says. A certified class of nonresident commercial fishers challenges the fee differentials under the Privileges and Immunities Clause and the Equal Protection Clause of the U.S. Constitution. “We hold that California’s fee differentials do not violate either clause,” says the majority opinion, written by Judge William Fletcher. California’s higher fees for out of state commercial fishing vessel registrations, fishing licenses, Dungeness crab permits, and herring gill net permits were less than the amount by which California subsidized the management of the nonresidents’ portions of its commercial fishery, the court says, thus being within the Privileges and Immunities Clause challenge because the differentials were justified by a substantial reason that was closely related to the differential fees. Read the rest here 08:51

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