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HomeMy WebLinkAboutResolution No. 2021-52000, KENAI Sponsored by: The Kenai City Council CITY OF KENAI RESOLUTION NO. 2021-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, OPPOSING AMENDMENT 14 TO THE FISHERY MANAGEMENT PLAN FOR SALMON FISHERIES IN THE EEZ OFF ALASKA. WHEREAS, the Magnuson -Stevens Fishery Conservation and Management Act directs the North Pacific Fishery Management Council (Council) to prepare a fishery management plan for each fishery under its authority that requires conservation and management; and, WHEREAS, the North Pacific Fishery Management Council developed the Fishery Management Plan for Salmon Fisheries in the EEZ off Alaska, (FMP) that manages salmon fisheries in the United State Exclusive Economic Zone (EEZ; 3 nautical miles to 200 nautical miles off shore of Alaska); and, WHEREAS, pursuant to a United States Court of Appeals Ninth Circuit ruling, after successful litigation brought by the Cook Inlet commercial fishermen and seafood processors, the North Pacific Fishery Management Council was required to amend the FMP to bring it in line with the Ninth Circuit Court's decision; and, WHEREAS, the North Pacific Fishery Management Council considered four alternative amendments to the FMP at its December 7, 2020 meeting selecting Alternative 4 that closes all federal waters in Cook Inlet to commercial salmon fishing; and, WHEREAS, the City of Kenai, through Resolution No. 2020-89, dated November 23, 2020, provided its opposition of Alternative 4 to the Council; and, WHEREAS, the City of Kenai through Resolution No. 2021-13 requested the US Secretary of Commerce to Veto the North Pacific Salmon Fishery Management Council's adoption of Alternative 4; and, WHEREAS, at it meeting of June 16, 2021 the Kenai City Council approved the submission of comments to the National and Oceanic and Atmospheric Administration (NOAA) opposing proposed regulations closing the EEZ to commercial salmon fishing; and, WHEREAS, NOAA is soliciting comments on Amendment 14 to the Fishery Management Plan for salmon fisheries in the EEZ submitted by the North Pacific Management Council; and, WHEREAS the City Council of Kenai opposes Amendment 14 because closure of the fishery in the EEZ does not promote the goals of the Magnuson -Stevens Act and very likely will significantly harm the fishery participants and negatively impact the City of Kenai; and, WHEREAS, closing of the fishery in the EEZ does not provide the greatest opportunity for harvest, and while closure does protect salmon, minimize regulatory burden, and avoid additional management jurisdictions, other paths forward could accomplish the same without the potential harm to the fishery participants and communities that rely on and support the fishery; and, Resolution No. 2021-52 Page 2of3 WHEREAS, the North Pacific Management Council's conclusion that Amendment 14 will provide for sustained participation of communities in the fishery and minimize adverse economic impacts to the City is unsubstantiated and likely untrue; and, WHEREAS, the City of Kenai has never been consulted by the North Pacific Management Council as to what the effects of Amendment 14 might impose on the City; and, WHEREAS, both sport, personal use and commercial fisheries have played a key role in the history, society and economy of the City; and, WHEREAS, the Kenai City Council has heard testimony from industry participants that Amendment 14 could lead to the closure of local processing capacity affecting the future viability of both drift and setnet fisheries in Cook Inlet; and, WHEREAS, the loss of the commercial fisheries in Cook Inlet not only would effect the fishermen who directly rely on the fishery, but many support industries and businesses that benefit from the local economy generated by the fisheries and processors; and, WHEREAS, it is disingenuous of the North Pacific Management Council to suggest that closure of the fishery would provide any benefit to the fisheries participants or to the City of Kenai. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Council unanimously opposes Amendment 14 to the Fishery Management Plan for salmon fisheries in the EEZ submitted by the North Pacific Management Council and authorizes the City Clerk to provide this Resolution to NOAA as comments on the proposed Amendment. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of July, 2021. bRIAN GA SR., MAYOR ROBERTMOLLOY, VICE MAYOR E EZSE COQNC MEM R AJIM\ALENDENING, CO IL MEMBER VICTORIA ASKIN, COUNCIL MEMBER Resolution No. 2021-52 Page 3 of 3 ATTEST: Ja►fiie t-leinz, MMC, City Clerk �ENAIA`9 City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 1 www kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Scott Bloom, City Attorney DATE: March 31, 2021 SUBJECT: Resolution 2021-52- Objecting to Amendment 14 This Resolution provides the City Council's opposition to Amendment 14 to the Fishery management Plan for the Salmon Fisheries in the Exclusive Economic Zone off Alaska that would close certain federal waters to commercial salmon fishing. Comments on the Rule proposed by the National Oceanic and Atmospheric Administration are due by July 19, 2021.