Published in the The Reel News
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From: March 2013 The Reel News
Oregon Appeals Court
Stalls Gillnet Action, CCA
Joins Legal Fray
By Terry W. Sheely
As expected, industrial gillnetters have persuaded an Oregon Appeals Court judge to temporarily stall enactment of Oregon’s revolutionary new salmon management plan until the court has time to give their lawsuit the legal once-over. Oregon-CCA says it expected the legal action, has hired a law firm and has taken legal action in support of implementing the new salmon plan.
CCA says it is working in consultation with ODFW, the Oregon Department of Justice and Governor Kitzhaber’s office, and confirmed that “CCA will be filing a motion to join the lawsuit on behalf of ODFW.” Oregon CCA Board Chairman Dave Schamp is confidently predicting, “that the Court will ultimately uphold the new rules.”
“CCA has defended a number of gill net bans from legal challenges in other states<” Schamp points out, adding, “We don’t plan to be the first State chapter to be unsuccessful in defending our conservation gains.”
The historic new salmon management plan will shunt non-selective gillnets off the mainstem Columbia into selective salmon netting areas where they specifically target hatchery salmon.
The court has ordered the state to not implement or enforce the new salmon management plan, including selective gillnet restrictions, pending further court review and rulings. The stop order came in response to Oregon gillnet fishing leaders who are arguing that the ODFW Commissioners decision to move gillnets into selective harvest areas violates state laws.
The judicial move was expected and no one, including ODFW, NSIA, CCA, Trout Unlimited or other supporters of the so-called Kitzhaber management plan opposed the stop-action request. The lack of opposition is likely because the restrictions are months away from being implemented, and with a poor springer run expected this spring the impact on 2013 hatchery and wild harvests is expected to be minor. Says ODFW, “The state remains committed to the policy decisions.”
The stay will remain in effect while the legal petition moves through the judicial process, possibly spilling into 2014, according to attorneys for the gillnetters.
The new salmon plan, which would relocate gillnetting from the mainstem of the Columbia into enhanced hatchery-fish only areas, is the brainchild of Oregon Gov. John Kitzhaber and was pushed through ODFW and into law to head off voter approval of a CCA-sponsored ban gillnet initiative at the ballot. The governor also hoped find a compromise in the longstanding conflict between industrial and recreational fishermen, while protecting ESA listed salmon, steelhead and sturgeon now killed in gillnets as non-targeted bycatch.
The Gillnetters court
challenge
Industrial gillnetters are asking the Oregon Court of Appeals to overturn the revolutionary new change in Oregon's Columbia River salmon rules that would push non-selective gillnets into selective off channel areas to exclusively target hatchery salmon, and that by 2017 will allocate 80% of the river's available salmon to the recreational fishing industry. Oregon approved the shift to protect the river's 13 runs of salmon and steelhead on the endangered species list.
In addition an attorney for the gillnetters sent a letter to the Washington Fish and Wildlife Commission, asking it to postpone a gillnet rule change decision expected later this month.
On Dec. 7, the Oregon Fish and Wildlife Commission voted to ban the use of gillnets to catch fish on the main stem of the Columbia River, relegating the primary commercial-fishing tool to side channels and tributaries.
Washington's fish commission is expected to decide Jan. 12 on similar rules, that could eliminate nonselective gillnetting on both sides of the river. under the plan gillnets would be restricted to select areas where they could excluisvely target hatchery salmon without the high mortality bycatch inherent in mainstem gillnetting. Mainstem commercial fishing would be allowed with seines, which have a high survival rate for released salmon and steelhead. The Oregon plan is intended to protect the 13 runs of ESA listed anadromous fish which are being killed by the mainstem gillnet fishery.
The gillnet shuffle was pushed by Oregon Gov. John Kitzhaber, to end a longstanding conflict between commercial and recreational fishermen while moving to new methods of commercial fishing. Recreational fishermen say gillnets are harmful to the recovery of endangered salmon.
The proposal has infuriated commercial fishermen, who say it'll be impossible for them to earn a living by fishing only in the limited areas where they'll be allowed to use gillnets.
The petition was filed against the Oregon Department of Fish and Wildlife on behalf of Steve Fick and his company, Fishhawk Fisheries, and Jim Wells, a commercial gillnet fisherman and president of Salmon For All.
Fom February, 2013 THE REEL NEWS
Washington Approves Oregon
Salmon Plan to Limit Gillnets,
Revamp Columbia River fisheries
Washington Fish and Wildlife Commission as expected has unanimously adopted a policy that establishes a new management framework for salmon fisheries on the lower Columbia River, including restricting gillnets to offchannel areas where they can only target hatchery salmon.
The commission received about 1,000 public comments on the controversial proposal, intended to protect ESA listed salmon and steelhead from gillnet bycatch mortality.
Key provisions allocate more of the catch to sport fisheries, gradually shift non-tribal commercial gillnets to off-channel areas stocked with more hatchery salmon, and allow the use of selective gear, including seines, for commercial fisheries on the mainstem Columbia River.
The new policy also requires anglers to use barbless hooks when fishing for salmon and steelhead in the Columbia River. The commission directed the department to adopt rules to make permanent a temporary barbless hook rule that took effect Jan. 1.
Miranda Wecker, commission chair, said the new policy is designed to support conservation of wild salmon and expand the economic benefits the state derives from sport and commercial fisheries.
Oregon developed the revolutionary salmon plan based on Governor John Kitzhaber's master salmon plan and passed a twin management plan last month. Gillnetters are suing to stop the plan. See story below
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For Timely Northwest fishing and outdoor information pick up up a copy at your local tackle dealer or subscribe at www.thereelnews.com
From: March 2013 The Reel News
Oregon Appeals Court
Stalls Gillnet Action, CCA
Joins Legal Fray
By Terry W. Sheely
As expected, industrial gillnetters have persuaded an Oregon Appeals Court judge to temporarily stall enactment of Oregon’s revolutionary new salmon management plan until the court has time to give their lawsuit the legal once-over. Oregon-CCA says it expected the legal action, has hired a law firm and has taken legal action in support of implementing the new salmon plan.
CCA says it is working in consultation with ODFW, the Oregon Department of Justice and Governor Kitzhaber’s office, and confirmed that “CCA will be filing a motion to join the lawsuit on behalf of ODFW.” Oregon CCA Board Chairman Dave Schamp is confidently predicting, “that the Court will ultimately uphold the new rules.”
“CCA has defended a number of gill net bans from legal challenges in other states<” Schamp points out, adding, “We don’t plan to be the first State chapter to be unsuccessful in defending our conservation gains.”
The historic new salmon management plan will shunt non-selective gillnets off the mainstem Columbia into selective salmon netting areas where they specifically target hatchery salmon.
The court has ordered the state to not implement or enforce the new salmon management plan, including selective gillnet restrictions, pending further court review and rulings. The stop order came in response to Oregon gillnet fishing leaders who are arguing that the ODFW Commissioners decision to move gillnets into selective harvest areas violates state laws.
The judicial move was expected and no one, including ODFW, NSIA, CCA, Trout Unlimited or other supporters of the so-called Kitzhaber management plan opposed the stop-action request. The lack of opposition is likely because the restrictions are months away from being implemented, and with a poor springer run expected this spring the impact on 2013 hatchery and wild harvests is expected to be minor. Says ODFW, “The state remains committed to the policy decisions.”
The stay will remain in effect while the legal petition moves through the judicial process, possibly spilling into 2014, according to attorneys for the gillnetters.
The new salmon plan, which would relocate gillnetting from the mainstem of the Columbia into enhanced hatchery-fish only areas, is the brainchild of Oregon Gov. John Kitzhaber and was pushed through ODFW and into law to head off voter approval of a CCA-sponsored ban gillnet initiative at the ballot. The governor also hoped find a compromise in the longstanding conflict between industrial and recreational fishermen, while protecting ESA listed salmon, steelhead and sturgeon now killed in gillnets as non-targeted bycatch.
The Gillnetters court
challenge
Industrial gillnetters are asking the Oregon Court of Appeals to overturn the revolutionary new change in Oregon's Columbia River salmon rules that would push non-selective gillnets into selective off channel areas to exclusively target hatchery salmon, and that by 2017 will allocate 80% of the river's available salmon to the recreational fishing industry. Oregon approved the shift to protect the river's 13 runs of salmon and steelhead on the endangered species list.
In addition an attorney for the gillnetters sent a letter to the Washington Fish and Wildlife Commission, asking it to postpone a gillnet rule change decision expected later this month.
On Dec. 7, the Oregon Fish and Wildlife Commission voted to ban the use of gillnets to catch fish on the main stem of the Columbia River, relegating the primary commercial-fishing tool to side channels and tributaries.
Washington's fish commission is expected to decide Jan. 12 on similar rules, that could eliminate nonselective gillnetting on both sides of the river. under the plan gillnets would be restricted to select areas where they could excluisvely target hatchery salmon without the high mortality bycatch inherent in mainstem gillnetting. Mainstem commercial fishing would be allowed with seines, which have a high survival rate for released salmon and steelhead. The Oregon plan is intended to protect the 13 runs of ESA listed anadromous fish which are being killed by the mainstem gillnet fishery.
The gillnet shuffle was pushed by Oregon Gov. John Kitzhaber, to end a longstanding conflict between commercial and recreational fishermen while moving to new methods of commercial fishing. Recreational fishermen say gillnets are harmful to the recovery of endangered salmon.
The proposal has infuriated commercial fishermen, who say it'll be impossible for them to earn a living by fishing only in the limited areas where they'll be allowed to use gillnets.
The petition was filed against the Oregon Department of Fish and Wildlife on behalf of Steve Fick and his company, Fishhawk Fisheries, and Jim Wells, a commercial gillnet fisherman and president of Salmon For All.
Fom February, 2013 THE REEL NEWS
Washington Approves Oregon
Salmon Plan to Limit Gillnets,
Revamp Columbia River fisheries
Washington Fish and Wildlife Commission as expected has unanimously adopted a policy that establishes a new management framework for salmon fisheries on the lower Columbia River, including restricting gillnets to offchannel areas where they can only target hatchery salmon.
The commission received about 1,000 public comments on the controversial proposal, intended to protect ESA listed salmon and steelhead from gillnet bycatch mortality.
Key provisions allocate more of the catch to sport fisheries, gradually shift non-tribal commercial gillnets to off-channel areas stocked with more hatchery salmon, and allow the use of selective gear, including seines, for commercial fisheries on the mainstem Columbia River.
The new policy also requires anglers to use barbless hooks when fishing for salmon and steelhead in the Columbia River. The commission directed the department to adopt rules to make permanent a temporary barbless hook rule that took effect Jan. 1.
Miranda Wecker, commission chair, said the new policy is designed to support conservation of wild salmon and expand the economic benefits the state derives from sport and commercial fisheries.
Oregon developed the revolutionary salmon plan based on Governor John Kitzhaber's master salmon plan and passed a twin management plan last month. Gillnetters are suing to stop the plan. See story below
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