Court: Rockfish must be protected

A federal appeals court ruled yesterday that federal officials must increase protection for the darkblotched rockfish, a decision that could lead to further restrictions on trawl fleets that fish the ocean waters off Washington, Oregon and California.

The darkblotched rockfish is designated by the federal government as an overfished species that typically is scooped up by fishermen as they pursue more healthy stocks of fish.

A three-judge panel of the 9th Circuit Court of Appeals ruled that the quota set by the federal government for darkblotched rockfish harvest was "patently unreasonable," and that a federally required rebuilding plan tilted too far toward meeting short-term economic needs at the expense of conservation.

Fishery managers had initially set a catch quota of 130 metric tons, based on estimates that the darkblotched rockfish population had fallen to 22 percent of its historic population. Even though further study showed that stocks had actually fallen to 12 percent of their old levels, the quota was increased in 2002 to 168 metric tons and a timetable to rebuild the stocks pushed back from a target of 10 years to 34 years.

"The court recognized that severely overfished species like darkblotched rock need immediate protection before they are pushed beyond the point of no return," said Drew Caputo, a senior attorney for the Natural Resources Defense Council, which joined with Oceana as plaintiffs.

The quotas on the darkblotched rockfish and other overfished species already have significantly limited the size of the total Northwest groundfish harvest.

Yesterday's ruling will require federal fishery managers to reconsider the darkblotched quota, and could prompt a broader review of rebuilding plans for populations of other overfished species in the Pacific Northwest and elsewhere.

"It will likely apply to other fisheries throughout the country," said Bud Walsh, a San Francisco attorney who represented fishermen and processors in the case.

Brian Gorman, a spokesman for NOAA Fisheries, said federal attorneys were still studying the ruling, and were uncertain about whether there will be broader impacts.

"One of the real challenges in managing the Northwest fisheries is the enormous number of intermixed species that are caught together," Gorman said. "Some are in good shape, and some are in bad shape."

Hal Bernton: 206-464-2581 or hbernton@seattletimes.com