Joseph Sullivan

Partner, Mundt MacGregor LLP

From the Bering Sea to the Gulf of Alaska: Harvesting Shares and Co-ops

2004 Schedule

Abstract

There have been two forms of fishery rationalization employed in the North Pacific: individual fishing quotas (“IFQs) and harvesting cooperatives. Salient characteristics of IFQs such as allocation criteria, duration, transferability and consolidation limits have been determined by the North Pacific Fishery Management Council (the “Council”), which has broad discretion in that regard. Salient characteristics of co-op harvest shares have largely been determined by vessel owners through negotiation of co-op membership agreements. Under these circumstances, the parties defining fishing rights have done so in the absence of an explicit, mandated public policy framework.

The Council is currently developing Gulf of Alaska groundfish rationalization options. Because significant portions of Gulf of Alaska pollock and cod catch are harvested in State of Alaska waters, fishing rights issued under the Gulf rationalization program will have to meet the public trust requirements of the Alaska constitution, which has been well explicated by several Alaska court decisions.

In this presentation, I will briefly compare and contrast existing North Pacific IFQ and harvesting cooperative fishing rights, review the Alaska constitution’s “common use” and “equal right of access” standards, discuss the character of fishing rights that could potentially meet those standards, and contrast such rights to halibut and sablefish IFQs and Bering Sea cooperative harvest shares.

Bio

Joe Sullivan is a partner at the law firm of Mundt MacGregor LLP in Seattle. He specializes in fisheries-related law and his primary practice areas include representing fishing vessel owners and fishermens' associations in a wide range of business and administrative matters, including vessel and quota acquisition and financing, business formation and operations, and development and interpretation of fishery policies and regulations. He also serves as legal counsel to a number of non-profit organizations, including scientific research funds; charitable, social, welfare, and economic development organizations; and trade associations.

Sullivan received a BA in 1975 from the Catholic University of America, and a JD in 1990 from Stanford University, where he was president of the Environmental Law Society. Before attending law school, Joe lived in Bethel, Alaska, from 1979 to 1987. While in Bethel, Joe was a Kuskokwim River skiff gillnetter, helped organize the Western Alaska Salmon Coalition (a salmon conservation and habitat protection organization), and served a term as mayor. He serves on the board of directors of the Southwest Alaska Municipal Conference, a regional economic development organization, and is a member of the Board of Trustees of The Nature Conservancy of Alaska.

Website

http://www.mundtmac.com/who/bio_sullivan.html

Video

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