Unalaska, AK – Tuesday the Alaska Seafood Cooperative and other seafood organizations filed suit against the National Marine Fisheries Service to block the new rules aimed at protecting the far western stock of the endangered Steller sea lions. The rule, which went into effect on January 1, closes Area 543 in the western region of the Aleutians to fishing for Atka mackerel and Pacific cod.

Seven of Alaska Seafood Cooperative's ships fish in Area 543, and they represent about 90 percent of the area's Atka mackerel quota. Their attorney, Linda Larson, said the co-op does not think the new regulation is justified.

"The agency is taking these actions based on concerns about a sub-population in the western Aleutians which is an outlier in terms of the stability of the population. And that population is in fact decreasing. But they're taking these very drastic, very restrictive measures to shut down huge areas of the Aleutians to any fishing at all for Atka mackerel or cod without stepping back and taking a look at whether there were some other things that they could do that would allow fishing to continue and satisfy the uncertainty about what's actually causing the Stellers not to be doing so well in the western Aleutians."

The population of Steller sea lions is increasing in other areas of the state and the co-op does not believe the NMFS regulation is necessary to help the hurting sub-population.

"Atka mackerel and pacific cod are not overfished. There's nothing to indicate that there's so much removal by the fisheries that Steller sea lions aren't getting enough fish. That's where we differ with the agency. And when we look at the science we just fundamentally don't see a conservation emergency or any sort of change in the situation that calls for such a drastic change in the fishery that impacts so many people," Larson said.

NMFS itself estimates that communities and companies involved in the affected fisheries could lose between $44 and $60 million per year because of the fishery closure. Though the agency cannot comment on pending litigation, a spokesperson says the rule was pushed forward and put into place by January 1, despite objections from the North Pacific Fishery Management Council, because NMFS had to be in compliance with the Endangered Species Act. According to the ESA, NMFS is required to manage the groundfish fisheries in such a way as to not cause jeopardy or adverse modifications to the critical habitat of the endangered sea lions. In this case it meant protecting the vital food source for the western stock of marine mammals.

Fishing for Atka mackrel and Pacific cod typically starts in late January but will not this season. Larson said that they are trying to expedite the case and have it heard by the same judge who will review a similar suit made by the State of Alaska against the regulation in December. The judge will review the documents that NMFS had before them when they made their decision and will read briefs and arguments filed by both sides. The case should take a few months to go through the system if expedited. Larson said they have not decided whether or not to file an injunction against the regulation to try to fish this season.