City Applauds Court's Decision in Cook Inlet Federal Management Plan Case

The City of Homer applauds the recent Court decision in the case of the United Cook Inlet Drift Association and Cook Inlet Fishermen’s Fund’s lawsuit against National Marine Fisheries Service (NMFS) and National Oceanic and Atmospheric Administration. 

In December 2021, the Mayor and Homer City Council adopted Resolution 21-091 directing the City Attorney to prepare and file a friend of the court (Amicus) brief supporting the United Cook Inlet Drift Association and Cook Inlet Fishermen’s Fund’s lawsuit. The case centered around the NMFS Final Rule amending the Federal Management Plan for Cook Inlet in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.  The amended plan would have prohibited commercial salmon fishing in the federal waters of Cook Inlet, effectively displacing drift gillnet vessels from the west area of the Cook Inlet exclusive economic zone (EEZ).

The City of Homer’s Amicus brief was filed with the Court in February 2022. On 21 June 2022, the United States District Court issued a decision in the United Cook Inlet Drift Association and Cook Inlet Fishermen's Fund versus National Marine Fisheries Service (NMFS) and National Oceanic and Atmospheric Administration.   

In a 54-page Order on Cross Motions for Summary Judgement, the Court returned the amended Federal Management Plan to the agency.  The Court found that parts of the NMFS decision were arbitrary and capricious and that Amendment 14 and the Final Rule delegating management of the Cook Inlet salmon fishery to the State of Alaska were inconsistent with the Magnuson- Stevens Act.  

The City is pleased to have been able to contribute to the case and show support for local fishing families who are dependent upon this important fishery. The Court’s detailed analysis of the order on cross motions for summary judgment is available below.