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Update: Judge rules against injunction for setnetters

Posted: August 1, 2013 - 1:20pm

Judge Andrew Guidi ruled Thursday that the Alaska Department of Fish and Game is not required to change its Cook Inlet salmon management.

Guidi ruled against the Cook Inlet Fisherman’s Fund’s motion for a preliminary injunction requiring Fish and Game to follow certain aspect of management plans.

“The Fish and Game actions the Fund complains of do not appear to be inconsistent with Board of Fisheries regulations or statutory authority, or otherwise unlawful,” Guidi wrote in his order.

Guidi noted that the standard for an injunction required both that the fund, or CIFF, face irreparable harm without a preliminary injunction, and also that Fish and Game can be adequately protected if a preliminary injunction was issued. But, Guidi wrote, that standard was not met. He wrote that financial or economic harm was not irreparable, as those losses could be remedied at the end of litigation, and also that Kenai late-run kings could not be adequately protected if fishing was allowed.

Additionally, Guidi wrote that CIFF had to show probable success of the case to receive an injunction, and had not done so.

 
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