November 30, 2021

Volume XI, Number 334

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November 30, 2021

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November 29, 2021

Subscribe to Latest Legal News and Analysis

New Fishing Limits Proposed for Pacific Commercial Chinook Salmon

The Pacific Fishery Management Council (Council) submitted a proposed amendment – Amendment 21 – to the Pacific Coast Salmon Fishery Management Plan (FMP) to the National Marine Fisheries Service (NMFS) for review and approval. The Council manages salmon fisheries, including Chinook, in the EEZ off the coast of Washington, Oregon, and California. The Council’s FMP sets forth the framework for how Council-area salmon fisheries are managed. The stated goal of Amendment 21 “is to limit ocean salmon fishery impacts on foraging opportunities for [Southern Resident Killer Whale (SRKW)] on Chinook salmon in years of low Chinook salmon abundance.” 

Key Takeaways

The Council developed Amendment 21 in response to a 2020 risk assessment prepared by its ad hoc SRKW Workgroup, formed for the purpose of assessing potential conservation measures and management tools to promote Chinook salmon prey availability for SRKW.

If approved, Amendment 21 would establish a threshold for annual Chinook salmon. If forecasted abundance levels fell below this threshold, additional management measures would be implemented including one or more of the following:

  • A limit on the annual quota in non-tribal commercial fisheries north of Cape Falcon, Oregon;

  • Shifting quota for Chinook salmon catch north of Cape Falcon, Oregon, from the springtime period to the summertime period; and

  • Area closures in times and areas for which current data indicate greater foraging use by the SRKW.

Next Steps

Fishing interests impacted by the proposed Amendment 21 may want to consider submitting public comments. The amendment is available for public comment through August 2, 2021. 

© 2021 Beveridge & Diamond PC National Law Review, Volume XI, Number 173
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About this Author

Kirstin K. Gruver Environmental Litigation Attorney Beveridge & Diamond Seattle, WA
Associate

Kirstin Gruver is efficient and responsive to clients' needs.

She maintains a diverse environmental litigation and regulatory practice, working with clients nationwide across industrial sectors with a focus on wetlands and water issues. She also has experience in product stewardship and sustainability matters.

Prior to joining Beveridge & Diamond, Kirstin worked as a deputy prosecuting attorney at the Clark County Prosecutor's office. She also worked as a legal intern with the Department of Transportation, Maritime Administration, and as a summer clerk at Earthjustice....

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Erika H. Spanton Environmental Litigation Attorney Beveridge & Diamond Seattle, WA
Associate

Erika H. Spanton represents clients in environmental litigation matters, including climate change lawsuits, Clean Water Act citizen suits, and actions under state water quality laws, CERCLA, and state Superfund statutes. Her regulatory practice focuses on water matters, including stormwater regulation, SPCC compliance, and aquaculture.

Erika comes to Beveridge & Diamond with extensive civil litigation experience. As an Associate at Cole | Wathen | Lead | Hall, her practice focused on litigation defense for insurance carriers, businesses, and individuals in a broad range of state...

206-315-4815
James M. Auslander Natural Resources & Project Development Attorney Beveridge & Diamond Washington, DC
Principal

James (Jamie) M. Auslander's legal practice focuses on project development, natural resources, and administrative law and litigation.

Mr. Auslander co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group, including its Energy Practice. He focuses on complex legal issues surrounding the development of oil and gas, hard rock minerals, renewable energy, and other natural resources on public lands onshore and on the Outer Continental Shelf. He frequently litigates appeals before federal courts and administrative bodies regarding rulemakings, permits...

202-789-6009
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