Cook Inlet Fisherman's Fund v. Alaska Dept. of Fish & Game
Annotate this CaseRelevant to this appeal, set net and drift net commercial fishers both targeted sockeye salmon returning to the Kasilof and Kenai Rivers. The 2013 commercial fishing season in the Upper Cook Inlet saw strong sockeye salmon runs, but the Kenai River king salmon run was the weakest on record. The Alaska Department of Fish and Game (Department) regulated commercial and sport fishing. Attempting to achieve the minimum escapement goal for Kenai River kings while also keeping the strong sockeye run in check, and recognizing that set netters’ incidental harvest of those kings posed a greater risk to the king run than did drift netters’ substantially smaller incidental harvest, the Department’s Commissioner used her emergency order authority to limit time for and then close the set net fishery while also increasing the drift net fishery time. The set netters filed suit and sought an emergency preliminary injunction to re-open their fishery. The superior court declined to issue an injunction. The set netters amended their complaint to request a declaratory judgment recognizing the validity of the Board of Fisheries’ management plans and a permanent injunction directing the Department to follow those plans. They also sought damages, asserting constitutional claims and a claim for negligent or willful fisheries mismanagement. The superior court granted summary judgment in full to the Department and assessed an attorney’s fees award against the set netters, who appealed both orders. Because there were no genuine issues of material fact and the Department was entitled to judgment as a matter of law, the Supreme Court affirmed the grant of summary judgment. Furthermore, because the Court found no abuse of discretion in the superior court’s attorney’s fees award, it affirmed that award.
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