Federal judge dismisses Bering Sea trawl fleet’s challenge to stricter halibut bycatch limits

A federal judge in Alaska has dismissed a legal challenge filed by the Bering Sea bottom-trawl fleet against stricter halibut bycatch limits.

The North Pacific Fishery Management Council, or NMFS, approved a new halibut bycatch quota system in December 2021 based on annual surveys of the valuable flatfish. Instead of fixed limits, the new abundance-based system means that when halibut stocks are low, bycatch caps can be cut by up to 35%.

The lawsuit challenging those caps was filed by Groundfish Forum, Inc., a Seattle-based trade association representing five companies and 19 bottom-trawl vessels. The association argued that it was unfairly targeted, and that the new bycatch limits could result in significant economic losses.

Bycatch is a lightning-rod issue in Alaska. Halibut stocks have declined, and the amount of halibut discarded by the Bering Sea bottom-trawl fleet has often exceeded the number of fish caught by hook-and-line fishermen.

In their complaint, the bottom-trawl fleet’s attorneys argued that advances have been made to limit halibut bycatch, but further reductions were not practicable. Attorneys argued that trawling for yellowfin sole and other flatfish could be be halted if halibut stocks are low and the bycatch limit is reduced.

Alaska U.S. District Court Judge Sharon Gleason dismissed the lawsuit with prejudice on Nov. 8. In a 39-page decision, Gleason held that the new limits were “reasonably calculated” and did not violate federal laws.

Gleason said that federal fisheries managers had “satisfactorily explained” how the new limits were connected to a goal of managing halibut bycatch in the Bering Sea.

In a prepared statement, the Central Bering Sea Fishermen’s Association said that it was pleased with Gleason’s decision. The group manages allocations of crab, halibut and other groundfish for residents of St. Paul in the Pribilof Islands.

Ray Melovidov, president of the association, said members “finally have closure” after working for almost 10 years to implement a more responsive bycatch limit.

“The halibut fishing families in our community can be assured that the halibut resource will continue to be managed more fairly and appropriately. We wanted improved equity and stability in the halibut fishery, and now we have it. Our future is brighter,” he said.

Chris Woodley, executive director of the Groundfish Forum, did not respond to a request for comment on Gleason’s decision or whether the bottom-trawl fleet would appeal.

U.S. Sen. Dan Sullivan and U.S. Rep. Mary Peltola filed briefs in support of the federal agency’s new bycatch limits, along with several other groups.