UCB MOTION TO INTERVENE – PAGE 2(No. 2:12-cv-00134-MJP)
UCB is a membership organization whose members (or their affiliates) own catcher boats
that participate in: (1) groundfish trawl fisheries in the Gulf of Alaska, Bering Sea and Aleutian
Islands and off of the west coast of Washington, Oregon and California; and (2) crab fisheries in
the Eastern Bering Sea.
Declaration of Brent Paine at 1 (¶ 2). Although some of UCB’s
members also own onshore processing facilities,
UCB moves to intervene in this case to protect
the interests of its members (and their affiliates) who own independent catcher boats, that is,
catcher boats that are not affiliated with onshore processors.
at 2 (¶ 2).
In this case, plaintiffs, four owners of onshore processing facilities in Kodiak, Alaska,
challenge a final rule promulgated by defendants to implement Amendment 88 to the Fishery
Management Plan for Groundfish of the Gulf of Alaska.
First Amended Complaint (Doc.
14) at 1 (¶ 1), 5-8 (¶¶ 11-14). Amendment 88, the Central Gulf of Alaska Rockfish Program,
allocates exclusive harvesting privileges for specified rockfish species harvested near Kodiak,
Alaska, to cooperatives comprised of either certain catcher boats (vessels that deliver their catch
to onshore processors) or catcher-processors (vessels that process their catch at sea) holding
licenses issued under the Central Gulf of Alaska License Limitation Program (LLP).
Reg. 81428, 81251 (Dec. 27, 2011) (Notice of Adoption of Final Rule). It replaces the Rockfish
Pilot Program, which had been in effect since 2007.
at 81248. Two the changes made by
Amendment 88 were to change the manner in which quota shares are calculated for LLP
licensees and to remove the requirement that harvesters in a catcher vessel cooperative deliver
their fish to a specific onshore processor.
. at 81249;
at 3 (¶¶ 5-6).
For example, plaintiff Trident Seafoods Corporation is a member of UCB by virtue of its ownership of catcherboats that participate in groundfish trawl and crab fisheries, even though Trident is also an owner of on and offshoreprocessing facilities.
Plaintiffs are Trident Seafoods Corporation, Westward Seafoods, Inc., North Pacific Seafoods, Inc., and OceanBeauty Seafoods LLC.