Tag Archives: U.S. District Court of Alaska
U.S. Customs and Border Patrol wins one against American fish-shipping companies for violating antiquated Jones Act
Two seafood shipping companies have settled a lawsuit challenging penalties and fines levied by U.S. Customs and Border Protection for violating the Jones Act, a more than 100-year old law requiring merchandise be transported by U.S. flagged vessels between U.S. ports. An exception to the U.S. flagged vessel requirement allows seafood from Alaska to be transported to the mainland U.S. if it travels via Canadian rail. The companies challenged the penalties and fines in the U.S. District Court of Alaska, saying they did not violate the Jones Act while transporting seafood from Alaska to the mainland U.S. because it was “transported” by Canadian rail.A settlement agreement was finalized between the companies and the U.S. in January. The agreement requires KIF and ARM to pay $9.5 million to the U.S. The companies also stopped using the BCR to transport seafood to the U.S. after this ruling. more, >>click to read<< 13:07
Victorious United Cook Inlet Drift Association file to vacate salmon rule
A Cook Inlet salmon plan will take a lot more work from federal managers in the next few years. The United Cook Inlet Drift Association, an industry group of salmon drift netters, has requested the U.S. District Court of Alaska to vacate a piece of fisheries policy they successfully sued to overturn after an appeal court ruling this past September.In the meantime, the old plan replacing the vacated plan will require some work. “Given the dire situation faced by UCIDA as a result of the federal government’s utter abdication of its (Magnuson-Stevens Act) responsibilities in this important fishery, the Proposed Judgment sought by UCIDA is immediately necessary,” according to the motion filed by UCIDA on Jan. 7. “It would ensure that the checks and balances guaranteed by the Act — including the requirement to use the best available science, to manage the fishery in accordance with the 10 national standards, and to achieve optimum yield — are provided to UCIDA and the fishery in the short term while NMFS works with the council to produce a new FMP.” A three judge panel of the U.S. 9th Circuit Court of Appeals sided with commercial fishing groups against a 2011 decision by the North Pacific Fishery Management Council to remove several Alaska salmon fisheries from the FMP. Read the article here 08:03
