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Federal judge dismisses Alaska trawlers’ lawsuit that sought to overturn halibut limits

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Federal judge dismisses Alaska trawlers’ lawsuit that sought to overturn halibut limits



Headed and gutted halibut are displayed on ice and for sale on Oct. 3, 2023, at New Sagaya Midtown Market in Anchorage. (Photo by Yereth Rosen/Alaska Beacon)

A federal judge has dismissed a lawsuit that sought to overturn new halibut bycatch limits on deep-sea trawlers that fish in federal waters off Alaska.

The lawsuit was filed by Groundfish Forum Inc., a Seattle-based trawl trade group, after the North Pacific Fishery Management Council passed a rule that reduces halibut bycatch limits for many trawlers when there are fewer halibut in Alaska waters.

The National Marine Fisheries Service, in charge of implementing the rule, moved to dismiss the lawsuit, and U.S. District Court Judge Sharon Gleason ruled in favor of the agency on Nov. 8. Undercurrent News, a trade publication, first reported on the ruling.

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The lawsuit has been a major issue in fishing communities across the Gulf of Alaska. Some of those communities joined the federal government in defense, as did various fishing and conservation organizations.

U.S. Sen. Dan Sullivan, R-Alaska, and Rep. Mary Peltola, D-Alaska, filed a friend-of-the-court brief in favor of the defense, saying that they believe the federal government appropriately implemented fisheries law.

“The (North Pacific) Council has followed the processes and done the work that Congress intended,” they wrote.

The state of Alaska also filed a brief in support of the defense, calling the rule “a well-considered decision rooted in the principles of sustainability, equity and fairness among competing users and long-term conservation.”

At the core of the lawsuit was an argument about whether bycatch — fish caught while pursuing a different target species — amount to an allocation of fishing privileges, akin to the way some fishers are subject to an annual catch quota while pursuing a specific species.

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The plaintiffs argued that bycatch restrictions should be considered an allocation issue. That position was opposed by attorneys representing the federal government.

Under current rules, setting allocations is a longer and more intricate process than setting bycatch rules.

Ruling in the forum’s favor “would make it more difficult for NMFS to be able to issue rules that would prevent overfishing, and it would make it more difficult for NMFS to issue rules that would minimize bycatch, especially rules that would be able to do so in an expeditious way,” attorney Erika Furlong, representing NMFS, told Gleason in an October court hearing.

Gleason declined to rule on the core question but said that the rulemaking process was “fair and equitable” and “reasonably calculated to promote conservation,” whether or not it was an allocation of fishing privileges.

Gleason also ruled against the plaintiffs’ claims that the rule violated the National Environmental Policy Act and the Administrative Procedures Act.

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Alaska Beacon is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Alaska Beacon maintains editorial independence. Contact Editor Andrew Kitchenman for questions: info@alaskabeacon.com. Follow Alaska Beacon on Facebook and X.





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Alaska’s voter roll transfer: Republicans bash hearing questioning if lieutenant governor broke the law

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Alaska’s voter roll transfer: Republicans bash hearing questioning if lieutenant governor broke the law


JUNEAU, Alaska (KTUU) – A legislative hearing into the legality of Alaska’s voter roll transfer to the federal government ended in partisan accusations Monday, with one Republican calling it a “set-up” and others saying it was unnecessary, while Democrats defended it as needed oversight.

“Andrew (Gray) and the committee has a bias. I mean, that much is obvious from watching it,” Rep. Kevin McCabe, R-Big Lake, told Alaska’s News Source walking out of the hearing before it gaveled out. “Most of the testimony was slanted against the state and against the federal government.”

The House State Affairs and Judiciary committees met jointly Monday to hear testimony about whether Dahlstrom violated the law when she transferred the entirety of Alaska’s voter rolls to the federal government.

Rep. Steve St. Clair, R-Wasilla, agreed with his Big Lake counterpart that the hearing was unnecessary.

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“I think we’re speculating on what the intent of the DOJ is and I believe we need to wait and see,” he said.

Rep. Andrew Gray, D-Anchorage and chair of the House Judiciary Committee, pushed back when told of his Republican colleagues’ reaction.

“I think that I went above and beyond to try to include everybody,” Gray said as he left the meeting. “If people are saying that if the Obama administration had asked for the unredacted voter rolls from Alaska, that all these Republicans around here would have just been like, ‘oh, take it all. Take all of our information.’

“That is not true. That is absolutely not true,” Gray added.

Rep. Ted Eischeid, D-Anchorage, backed his House majority colleague, questioning whether Republicans would have preferred if the topic not be addressed at all.

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“The minority folks on the committee had a chance to ask questions,” he said. “I think this is a meeting we needed to have. Alaskans have asked for it. I think there’s still a lot of unanswered questions. So shedding light on the state’s actions, that’s bias?”

Dahlstrom did not attend the hearing. Gray said she was invited multiple times but cited scheduling conflicts. The lieutenant governor oversees the Alaska Division of Elections under state law.

In her most recent public statement — published Feb. 25 on her gubernatorial campaign website, not through her official office — Dahlstrom defended the voter roll transfer, saying the agreement with the DOJ was “lawful, limited” and that Alaska retains full authority over its voter rolls.

“The DOJ cannot remove a single voter from our rolls,” she wrote. “Its role is limited to identifying potential issues, such as duplicate registrations or individuals who may have moved or passed away.”

Representatives from the state’s Department of Law and Division of Elections both testified in defense of Dahlstrom’s decision. Rachel Witty, the Department of Law’s director of legal services, told the committee the state viewed the DOJ’s purview.

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“The DOJ’s enforcement authority is quite broad,” Witty said. “And so, we interpreted their request as being used to evaluate and enforce HAVA compliance.”

HAVA — the Help America Vote Act — is a federal law that sets election administration standards for states.

Lawmakers also heard from an assortment of outside witnesses who largely questioned the legality of Dahlstrom’s actions, including former Lt. Gov. Loren Leman, who served under Republican Gov. Frank Murkowski, and former Attorney General Bruce Botelho, who served under Democratic Gov. Tony Knowles.

The Documents: A Months-Long Timeline

As part of the hearing, the committee released months’ worth of documents between the Department of Justice — led by Attorney General Pam Bondi — and Dahlstrom’s office, detailing the effort to transfer Alaska’s voter rolls over to Washington.

The DOJ first asked Dahlstrom to release the voter rolls in July of last year, citing the 1993 National Voter Registration Act, which requires states to allow federal inspection of “official lists of eligible voters.”

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Dahlstrom agreed to release the records in August, providing a list of voters designated as “inactive” and “non-citizens,” along with their voting records and the statewide voter registration list — but it did not include what the DOJ wanted.

“As the Attorney General requested, the electronic copy of the statewide [voter registration list] must contain all fields,” reads an email sent 10 days after Dahlstrom agreed to release the data, “including the registrant’s full name, date of birth, residential address, his or her state driver’s license number or the last four digits of the registrant’s social security number.”

Dahlstrom agreed to provide the full details months later, in December, citing a state statute that permits sharing confidential information with a federal agency if it uses “the information only for governmental purposes authorized under law.” Those purposes, she wrote in the email, are to “test, analyze and assess the State’s compliance with federal laws.”

“I attach some significance to the fact that it took the State … nearly four months to respond to the Department of Justice’s demand,” former AG Botelho told the committee.

That same day, Dahlstrom, Alaska Division of Elections Director Carol Beecher and DOJ Assistant Attorney General Harmeet Dhillon signed a memorandum of understanding governing how the data could be accessed, used, and protected.

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Dahlstrom’s office publicly announced the transfer nine days after the MOU was signed — nearly six months after the DOJ first made its request.

“Alaska is committed to the integrity of our elections and to complying with applicable law,” Dahlstrom said in the December statement. “Upon receiving the DOJ’s request, the Division of Elections, in consultation with the Department of Law, provided the voter registration list in accordance with federal requirements and state authority, while ensuring appropriate safeguards for sensitive information.”

A 10-page legal analysis from legislative counsel Andrew Dunmire, requested by House Majority Whip Rep. Zack Fields, D-Anchorage, concluded that the DOJ’s demand defied legal bounds.

“The DOJ’s request for state voter data is unprecedented,” Dunmire’s analysis states, adding that the legal justification the DOJ used to demand access to the data has never been applied this way before.

“Multiple states refused DOJ’s request, which has resulted in litigation that is now working its way through federal courts across the country,” he adds.

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The Senate holds an identical hearing Wednesday, when its State Affairs and Judiciary committees take up the same questions.

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Alaska Air National Guard rescues injured snowmachiner near Cooper Landing

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Alaska Air National Guard rescues injured snowmachiner near Cooper Landing


 

An Alaska Air National Guard HH-60W Jolly Green II helicopter, assigned to the 210th Rescue Squadron, 176th Wing, returns to Joint Base Elmendorf-Richardson, Alaska, after conducting a rescue mission for an injured snowmachiner, Feb. 21, 2026. The mission marked the first time the AKANG used the HH-60W for a rescue. (U.S. Air National Guard photo by Staff Sgt. Joseph Moon)

Alaska Air National Guard personnel conducted a rescue mission Saturday, Feb. 21, after receiving a request for assistance from the Alaska State Troopers through the Alaska Rescue Coordination Center.

The mission was initiated to recover an injured snowmachiner in the Cooper Landing area, approximately 60 air miles south of Joint Base Elmendorf-Richardson. The Alaska Air National Guard accepted the mission, located the individual, and transported them to Providence Alaska Medical Center in Anchorage for further medical care.

The mission marked the first search and rescue operation conducted by the 210th Rescue Squadron using the HH-60W Jolly Green II, the Air Force’s newest combat rescue helicopter, which is replacing the older HH-60G Pave Hawk. Guardian Angels assigned to the 212th Rescue Squadron were also aboard the aircraft and assisted in the recovery of the injured individual.

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Good Samaritans, who were on the ground at the accident site, deployed a signal flare, that helped the helicopter crew visually locate the injured individual in the heavily wooded area.
Due to the mountainous terrain, dense tree cover, and deep snow in the area, the helicopter was unable to land near the patient. The aircrew conducted a hoist insertion and extraction of the Guardian Angels and the injured snowmachiner. The patient was extracted using a rescue strop and hoisted into the aircraft.

The Alaska Air National Guard routinely conducts search and rescue operations across the state in support of civil authorities, providing life-saving assistance in some of the most remote and challenging environments in the world.



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Alaska House advances bill to boost free legal aid for vulnerable Alaskans

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Alaska House advances bill to boost free legal aid for vulnerable Alaskans





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