Joanna Cahoon (AK Bar No.

1405034)
Teresa Clemmer (AK Bar No. 0111059)
TRUSTEES FOR ALASKA
121 W. Fireweed Lane, Suite 105
Anchorage, AK 99503
Phone: (907) 276-4244
Fax: (907) 276-7110
jcahoon@trustees.org
tclemmer@trustees.org

Attorneys for [Proposed] Amici Curiae Ocean Conservancy, SalmonState, Native

Peoples Action, Kuskokwim River Inter-Tribal Fish Commission, and Alaska Marine
Conservation Council

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ALASKA

ASSOCIATION OF VILLAGE COUNCIL

PRESIDENTS and TANANA CHIEFS
CONFERENCE, Case No. 3:23-cv-00074-SLG
Plaintiffs,

CITY OF BETHEL,
Intervenor-Plaintiff,

v.
NATIONAL MARINE FISHERIES SERVICE et
al.,
Defendants,

AT-SEA PROCESSORS ASSOCIATION and

UNITED CATCHER BOATS,
Intervenor-Defendants.

MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT

OF PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF,

AVCP v. NMFS, 3:23-cv-00074-SLG
 I. INTRODUCTION

Proposed amici curiae Ocean Conservancy, SalmonState, Native Peoples Action,

Kuskokwim River Inter-Tribal Fish Commission, and Alaska Marine Conservation

Council hereby move this Court for leave to file the attached amicus brief in support of

Plaintiffs’ Motion for Summary Judgment. Although the Alaska Local Civil Rules and

Federal Rules of Civil Procedure do not address the process for filing amicus briefs in a

district court, courts have looked to the Federal Rule of Appellate Procedure for

guidance. 1 Under Appellate Rule 29(a), leave to file an amicus brief may be granted

where: (1) the amicus curiae has an interest in the litigation; (2) the amicus brief would

be beneficial to the court; and (3) the amicus brief raises issues relevant to the case. 2 For

the reasons discussed below, the movants satisfy each of those factors. 3

II. DISCUSSION

A. THE PROPOSED AMICI CURIAE HAVE STRONG INTERESTS IN THIS CASE.

The proposed amici curiae each have a strong interest in the subject matter of this

litigation. Ocean Conservancy is a national non-profit organization that envisions a

healthier ocean protected by a more just world. The organization works to protect the

_________________________________
1
See Alaska Dept. Fish Game v. Fed. Subsistence Bd., 3:20-cv-00195-SLG, ECF 60, at 1-2 (D.
Alaska, Aug. 24, 2021).
2
See id. at 2 (citing Fed. R. App. P. 29(a)(3).
3
The movants’ proposed amicus brief also complies with the length requirement of Appellate
Rule 29. See Fed. R. App. P. 29(a)(5) (amicus brief may be no more than one-half the maximum
length allowed for a party’s principal brief).

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF,

AVCP v. NMFS, 3:23-cv-00074-SLG 1
ocean from today’s greatest global challenges and, together with partners, create

evidence-based solutions for a healthy ocean and the wildlife and communities that

depend on it. Ocean Conservancy has 158 staff and 230,000 members. On behalf of its

membership, Ocean Conservancy has actively engaged with the National Marine

Fisheries Service (Service) and the North Pacific Fishery Management Council (Council)

for more than two decades. This engagement has included oral testimony at public

hearings, letters, participation on committees, and public comments. Ocean Conservancy

has advocated for ecosystem-based management, reductions in bycatch, inclusion of

Indigenous Knowledge in agency decision-making, conservation of Essential Fish

Habitat, and consideration of climate impacts. In recent years, this advocacy has included

identifying the need for updated NEPA compliance.

SalmonState is an Alaska-based and Alaska-focused project of New Venture Fund,

a non-profit public interest organization supporting innovative and effective public

interest projects. SalmonState works within Alaska to guarantee Alaska remains a salmon

state by protecting and preserving habitat and promoting fish first policies for this

irreplaceable resource. SalmonState works alongside other Alaska organizations,

commercial fishers, sport and recreational fishing guides and enthusiasts, salmon-

dependent businesses, and Alaska Native groups to maintain sustainable commercial,

sport, and subsistence fisheries. SalmonState has engaged in the Council process

regarding the Bering Sea/Aleutian Island and Gulf of Alaska groundfish fishery

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF,

AVCP v. NMFS, 3:23-cv-00074-SLG 2
management for several years. Since 2020, SalmonState has consistently urged the

Council to revise prohibited species caps for Chinook salmon and set a prohibited species

cap for chum salmon in the pollock trawl fishery. SalmonState has engaged with the

public and media to disseminate information from the Service and Council and their

management decisions affecting North Pacific groundfish fisheries.

Native Peoples Action is a non-partisan organization dedicated to protecting

Alaska Native ways of life. Native Peoples Action is committed to addressing and

restoring Alaska Native rights to hunt, fish, harvest, gather, trap, share, and engage in

ceremony, as well as manage and steward homelands for abundance. Native Peoples

Action is a statewide advocate alongside the Native community, advancing their

collective priorities as Indigenous people and amplifying their work, voices, and

leadership. Salmon are a cornerstone of Alaska Native cultures in the communities along

the Yukon and Kuskokwim rivers. Native Peoples Action has engaged with the Council’s

process by providing direct testimony regarding the groundfish fisheries that take

excessive quantities of salmon and undermine these Indigenous communities’ ability to

harvest salmon and maintain their way of life. Native Peoples Action has also galvanized

Alaska Native communities to participate in the Council’s process to ensure Indigenous

voices are heard and to continue sharing the truth that the exclusion of Alaska's

Indigenous voices in decision-making continues the harsh legacy of ecocolonialism.

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF,

AVCP v. NMFS, 3:23-cv-00074-SLG 3
 Kuskokwim River Inter-Tribal Fish Commission (Commission) is an inter-tribal

consortium that represents the Federally Recognized Indian Tribes of the Kuskokwim

River watershed concerning fisheries management matters, including the management of

Kuskokwim River Chinook and chum salmon populations that are discarded as waste by

trawlers in the Bering Sea/Aleutian Island groundfish fishery. The Commission’s thirty-

three Tribally appointed Fish Commissioners, seven Executive Council members, and

five In-Season Managers combine Traditional Knowledge and western science to

conservatively manage Kuskokwim fisheries according to Yup’ik and Athabascan Dené

values, subsistence harvest needs, and escapement targets aimed at rebuilding depleted

salmon populations. Through the Commission, the Tribes of the Kuskokwim River

watershed seek to conserve, protect, and manage the Chinook and chum salmon resources

that form a core element of the traditional subsistence lifestyle of the people in their

communities.

Alaska Marine Conservation Council (AMCC) is an Alaska-based nonprofit

organization formed in 1994 that is dedicated to protecting and promoting the long-term

health of Alaska’s marine ecosystems and the health of ocean-dependent communities.

Our members include fishermen, subsistence harvesters, marine scientists, small business

owners, and families. Staff and AMCC members have been participating consistently in

fishery management processes for thirty years. They have repeatedly raised concerns to

the Council and Service about ecosystem impacts from groundfish fisheries, including

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF,

AVCP v. NMFS, 3:23-cv-00074-SLG 4
unmitigated habitat destruction, socio-cultural consequences of fisheries management

plans, and the importance of genetic diversity for fishery stocks in decline. AMCC has a

long history of informing the public about, and encouraging participation in, fishery

management processes including the Bering Sea/Aleutian Island groundfish fishery.

B. THE PROPOSED AMICUS BRIEF RAISES ISSUES RELEVANT TO THE CASE AND
WOULD BE BENEFICIAL TO THE COURT.

The North Pacific groundfish fisheries are among the largest in the nation, and the

commercial fishing industry’s operations have far-reaching ecosystem impacts. Through

bycatch, habitat disturbance, and other mechanisms, groundfish fishing causes substantial

adverse impacts on Chinook and chum salmon and other fish species, as well as seabirds,

crab, and other wildlife. Recent crashes in salmon returns have resulted in dire

circumstances for subsistence communities throughout the Yukon and Kuskokwim river

basins that depend on these resources. In light of these urgent crises, the Service must

take prompt action to ensure that the contribution of groundfish fishing to ecosystem

disruption is carefully evaluated and minimized.

The proposed amici curiae have extensive expertise on these fishery management

issues. In particular, they are knowledgeable about the inadequacies of the NEPA reviews

and management decision-making processes undertaken by the Service over the past

several decades. The proposed amicus brief supplements Plaintiffs’ briefing by

highlighting the broader picture of ecosystem impacts associated with groundfish fishing,

as well as the larger context and history surrounding the Service’s flawed NEPA reviews.

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF,

AVCP v. NMFS, 3:23-cv-00074-SLG 5
With a deeper understanding of these issues, the Court will be in a better position to rule

on the Plaintiffs’ pending motion for summary judgment.

C. TIMING AND POSITIONS OF THE PARTIES

Under Appellate Rule 29, an amicus brief should generally be filed within one

week after the principal brief of the party being supported, but the court is authorized to

grant leave for later filing. 4 Plaintiffs’ motion for summary judgment was filed on October

9, 2023, and the proposed amicus brief is being filed approximately 6 weeks later. Despite

the elapsed time, the submission of this brief will not prejudice any of the parties. Under

the current scheduling order, Defendants and Intervenor-Defendants have until December

8, 2023, to file their response briefs. 5 This allows them more than two and a half weeks to

integrate responses to the proposed amicus brief into their briefing, which should be

sufficient, especially since the amici curiae are primarily expanding on Plaintiffs’ existing

arguments and are not asserting any wholly new issues.

Counsel for the proposed amici curiae contacted counsel for all parties prior to

filing this motion. Plaintiffs and Intervenor-Plaintiff do not oppose this motion.

Defendants’ position is unknown as an automated reply received from Ms. Jennifer

Sundook on November 17 indicates she will be out of the office until November 24, 2023.

_________________________________
4
See Fed. R. App. P. 29(a)(6).
5
See ECF 25, at 2.

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF,

AVCP v. NMFS, 3:23-cv-00074-SLG 6
Intervenor-Defendants have reserved their position until they have an opportunity to

review the proposed amicus curiae brief.

III. CONCLUSION

For the foregoing reasons, the proposed amici curiae respectfully ask the Court to

grant leave to file the accompanying amicus curiae brief in support of Plaintiffs’ Motion

for Summary Judgment.

Respectfully submitted this 22nd day of November, 2023,

TRUSTEES FOR ALASKA

s/ Joanna Cahoon
Joanna Cahoon (AK Bar No. 1405034)
Teresa Clemmer (AK Bar No. 0111059)

Attorneys for [Proposed] Amici Curiae Ocean

Conservancy, SalmonState, Native Peoples
Action, Kuskokwim River Inter-Tribal Fish
Commission, and Alaska Marine Conservation
Council

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF,

AVCP v. NMFS, 3:23-cv-00074-SLG 7