3

CLAIM SUMMARY / DETERMINATION

Claim Number: J13014-0008 

Claimant: Braund Fishing Group 

Type of Claimant: Private (US) 

Type of Claim: Loss of Profits and Earning Capacity 

Claim Manager: 

Amount Requested: $528,537.91 

FACTS 

INCIDENT

On June 30, 2013, the F/V LONE STAR sank and discharged oil into the Igushik River, posing a 

substantial threat of a discharge of oil into Bristol Bay, a navigable water of the United States. There 

were approximately 14,500 gallons of diesel, hydraulic and lube oil, and gasoline on board the vessel. At 

the time of the incident owned the vessel and Burrece Fisheries, Inc. operated 

the vessel; all are responsible parties under OPA.

2013 OVERVIEW OF BRISTOL BAY SALMON FISHERIES1

The Bristol Bay management area includes all coastal and inland waters east of a line from Cape 

Newenham to Cape Menshikof.2 The area includes nine major river systems; Naknek, Kvichak, Alagnak, 

Egegik, Ugashik, Wood, Nushagak, Igushik, and Togiak. Collectively, these rivers are home to the 

largest commercial sockeye salmon, Onocorhynchus nerka fishery in the world. Sockeye salmon are by 

far the most abundant salmon species that return to Bristol Bay each year.3

 The Bristol Bay area is 

divided into five management districts (Naknek-Kvichak, Egegik, Ugashik, Nushagak, and Togiak) that 

correspond to major river systems. The management objective for each river is to achieve salmon 

escapements within established ranges while harvesting fish in excess of those ranges through orderly 

fisheries. In addition, regulatory management plans have been adopted for individual species in certain 

districts.4

 

Since 1993, the value of the commercial salmon harvest in Bristol Bay has averaged $111.8 million, with 

sockeye salmon being the most valuable, averaging $109.9 million annually.5

 Management of the 

commercial fishery in Bristol Bay is focused on discrete stocks with harvests directed at terminal areas 

around the mouths of major river systems. Each stock is managed to achieve a spawning escapement goal 

based on sustained yield. Escapement goals are achieved by regulating fishing time and area by 

emergency order (EO) and/or adjusting weekly fishing schedules. Legal gear for the commercial salmon 

fishery includes both drift and set gillnets.6

 Drift gillnet permits are the most numerous at 1,862 in Bristol 

Bay and of those, 1,709 registered to fish in 2013. In 2013, a total of 978 set gillnet permits were issued 

in Bristol Bay and of those 854 fished in 2013.7

 

1 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, p.2. 2 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 1. 3

A laska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014. 4 Alaska Department of Fish and Game, Fishery Management, Report No. 14-23, May 2014. 5 Alaska Department of Fish and Game Fishery Management, Report No. 14-23, May 2014. 6 Alaska Department of Fish and Game Fishery Management, Report No. 14-23, May 2014. 7 Alaska Department of Fish and Game Fishery Management, Report No. 14-23, May 2014. 

(b) (6) (b) (6)
4

Run Strength Indicators

Fishery managers in Bristol Bay have several early indicators of sockeye salmon run size, including the 

preseason forecast, the False Pass commercial fishery, an offshore test fishery operating from Port Moller, 

genetic stock identification, individual district test fishery programs and the early performance of the 

commercial fishery. These pieces of information may not give a correct assessment of run size, but 

collectively, they form patterns such as relative strengths of year classes, discrepancies from the forecast 

(relative to expected year class contributions), or differences in run timing that can be important to 

successful management of the commercial fishery.8

Preseason Forecasts

Total inshore (excluding harvest in other areas) sockeye salmon production for Bristol Bay in 2013 was 

forecast to be 25.1 million9

. The Bristol Bay sockeye salmon inshore harvest was predicted to reach 16.6 

million fish. Runs were expected to meet spawning escapement goals for all river systems in Bristol 

Bay.10 

The forecast for the sockeye salmon run to Bristol Bay in 2013 was the sum of individual predictions for 

nine river systems11 and four major classes.12 Adult escapement and return data from brood years 1972 to 

2009 were used in the analyses.13 14

Predictions for each age class returning to a river system were calculated from models based on the 

relationship between adult returns and spawners or siblings from previous years. Tested models included 

simple linear regression and recent year averages. All models were evaluated for time series trends. 

Models chosen were those with statistically significant parameters having the greatest past reliability15

based on mean absolute deviation, mean absolute percent error, and mean percent error between forecasts 

and actual returns for the years 2010 through 2012.16

Nushagak District

The 2013 Nushagak District commercial sockeye salmon harvest, including the Igushik River which is 

subject of this claim, reached 3.2 million fish, 4% below the preseason projected harvest of 3.3 million 

fish and 44% below the 1993-2012 average harvest of 5.7 million sockeye salmon.17 Escapement in the 

district’s three major river systems was 1,183,348 for Wood River, 387,744 for Igushik River, and 

 

8 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, p. 3 9 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 1-Comparison of 

inshore sockeye salmon forecast versus actual run, escapement goals versus actual escapements, and projected 

versus actual commercial catch, by river system and district, in thousands of fish, Bristol Bay, 2013. P. 26. 10 id 11 Kvichak, Alagnak, Naknek, Egegik, Ugashik, Wood, Igushik, Nushagak-Mulchatna, and Togiak. 12 Age 1.2, 1.3, 2.2, and 2.3, plus age 0.3 and 1.4 for Nushagak. 13 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, p. 3. 14 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 2 – Inshore 

forecast of sockeye salmon returns by age class, river system, and district, in thousands of fish, Bristol Bay, 2013, p. 

27.

15 Accuracy and precision. 16 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, p. 3. 17 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 1, p.26 and 

Appendix A15 – Inshore commercial catch and escapement of sockeye salmon in the Nushagak District by river 

system, in numbers of fish, Bristol Bay, 1993 – 2013, p. 81.
5

894,172 sockeye salmon for Nushagak River.18 Nushagak and Igushik sockeye salmon escapements 

exceeded the upper ends of their escapement goal ranges, and Wood River sockeye salmon escapement 

fell within the escapement goal range.19 

Commercial fishing for set gillnets was announced to begin in the Nushagak District late on June 21, 

2013 and the drift gillnet fleet would start at 11:00 a.m. on June 22.20 The beginning of the commercial 

fishing season was met by a severe storm with winds exceeding 50 knots.21 The storm affected 

commercial fishing into the early hours of June 24. Through June 24, 2013, the cumulative Wood River 

escapement was 599,460 sockeye salmon.22 Managers continued to announce liberal fishing openings. 

The set gillnet fishery, opened on June 21, and was extended for the rest of the season.23

Commercial fishing in the Nushagak District continued until 9:00 a.m. July 23, 2013, at which time 

managers switched from sockeye salmon management to coho salmon management. The total sockeye 

salmon harvest of 3.2 million fish was 4% below the preseason forecast of 3.3 million fish.24 

Commercial fishing with set gillnet gear began in the Igushik Section of the Nushagak District on June 15 

when a market became available.25 The Igushik River tower project began enumerating sockeye salmon 

on June 24.26 The Igushik River sockeye salmon forecast was relatively low, so managers restricted 

fishing time to eight hours per day until June 21, when openings were increased to 12 hours.27 On June 

23, commercial fishing was extended for 24 hours.28 Escapement was strong beginning with the first day 

of counts, and fishing was extended until further notice.29 

Igushik Section

The Igushik River fishing season ended early when the F/V Lone Star sank in the mouth of the Igushik 

River on the morning of June 30, 2013. ADF&G closed fishing immediately until the incident could be 

evaluated. The fishery reopened in the afternoon of July 1 but was closed again on July 5 after reports of 

contaminated fish were received. The Igushik River set gillnet fishery remained closed for the remainder 

 

18 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 16 – Daily 

sockeye salmon escapement tower counts by river system, Westside Bristol Bay, 2013, p. 45. Table 17 – Final daily 

and cumulative escapement estimates by species , Nushagak River sonar project, Bristol Bay, 2013, p. 46.

19 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Appendix A1 – 

Escapement goal ranges and actual counts of sockeye salmon by river system, in thousands of fish, Bristol Bay, 

1993-2013, p. 66. 20 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 18 – 

Commercial fishing emergency orders, by district and statistical area, Bristol Bay Westside, 2013, p. 48 – 49. 21 Alaska department of Fish and Game, Fishery Management Report No. 14-23, May 2014, p. 13. 22 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 16 – Daily 

sockeye salmon escapement tower counts by river system, Westside Bristol Bay, 2013, p. 45.

23 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, p. 13. 24 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 1, 19, and 20, p. 

26, 50, and 51).

25 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 18 – 

Commercial fishing emergency orders, by district and statistical area, Bristol Bay Westside, 2013, p. 48 – 49. 26Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 16 – Daily 

sockeye salmon escapement tower counts by river system, Westside Bristol Bay, 2013, p. 45. 

27 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 18 – 

Commercial fishing emergency orders, by district and statistical area, Bristol Bay Westside, 2013, p. 48 – 49. 28 id

29 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 16 – Daily 

sockeye salmon escapement tower counts by river system, Westside Bristol Bay, 2013, p. 45. Table 18 – 

Commercial fishing emergency orders, by district and statistical area, Bristol Bay Westside, 2013, p. 48 – 49.
6

of the season and a six statute mile radius from the mouth of the Igushik River was closed to drift gillnet 

fishing as well.30

The Igushik River escapement increased as a result of the River closure. The final escapement of 387,744 

exceeded the upper end of the escapement goal range of 150,000 to 300,000 fish.31 32 The Igushik River 

sockeye salmon escapement exceeded the upper end of the escapement goal range by 29%.33 The late 

opening for the season, the limited fishing hours early on and the early salmon run all contributed to the 

season’s escapement figures.. 

Ex-Vessel Value

The Bristol Bay 2013 harvest of all salmon species was 16.4 million fish with a preliminary ex-vessel 

value34 of $141 million which is 26% above the 20-year average and ranks 7th over that same period. The 

weights, harvests, and prices listed in Table 135 were used to estimate ex-vessel value. This estimate does 

not include future price adjustments, loyalty bonuses, and differential prices for refrigerated versus nonrefrigerated fish. Although the harvest was below the historical average, the increased price per pound 

caused the value to be above average.36

Sockeye Salmon

The 2013 Bristol Bay sockeye salmon run was slightly under forecast and early to very early depending 

on the river system. Spring temperatures in the Bering Sea were closer to long term averages during the 

salmon season than the last several years. Total sockeye harvest and total inshore run were 6% and 12% 

below forecast.37 

Overall 15,376,432 salmon were harvested in the Bristol Bay 2013 season at an average weight of six 

pounds per fish. These fish were sold at an average of $1.50/lb to 34 different companies. The Igushik 

fishing area accounted for 321K of the fish harvested. The State reported that this harvest for the Igushik 

was 29 percent higher than forecasted while the overall Bristol Bay Sockeye harvest was reported to be 

about 30% below the 20-year average.38

 

30 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Table 18 – 

Commercial fishing emergency orders, by district and statistical area, Bristol Bay Westside, 2013, p. 48 – 49. 31 Alaska Department of Fish and Game, Fishery Management Report No. 14-23, May 2014, Appendix A1 – 

Escapement goal ranges and actual counts of sockeye salmon by river system, in thousands of fish, Bristol Bay 1993 

– 2013, p. 66 -67. 32 The river closure reduced harvest in that area of the district and allowed increased escapement into the Igushik 

River. 

33 Alaska Department of Fish and Game Division of Commercial Fisheries, News Release, 2013 Bristol Bay Salmon 

Season Summary, p.1. Table 5, Bristol Bay sockeye salmon goals and escapement, 2013, p. 3.

34Ex-Vessel value: The post-season adjusted price per pound for the first purchase of commercial harvest. The exvessel value is usually established by determining the average price for an individual species, harvested by a specific 

gear, in a specific area. The delivery condition of the product is usually taken into consideration when the average

price is established. 35 Alaska Department of Fish and Game Division of Commercial Fisheries, News Release, 2013 Bristol Bay Salmon 

Season Summary, Table 1 – Average price, weight, and value of salmon harvest in Bristol Bay, 2013, p. 2. 36 Alaska Department of Fish and Game Division of Commercial Fisheries, News Release, 2013 Bristol Bay Salmon 

Season Summary, pgs. 1 – 2. 37 Alaska Department of Fish and Game Division of Commercial Fisheries, 2013 Bristol Bay Salmon Season 

Summary, p. 4.

38 Alaska Department of Fish and Game Division of Commercial Fisheries.

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1. Vessel Charter Claim: $6,000 

The vessel charter claim is for the Braund vessels that were chartered to the RP, on July 01, 2013, to place 

containment boom around the F/V LONE STAR. Mr. is claiming $6,000 for the unpaid vessel 

charter for F/V LOGOS and F/V BLINKO at a charter hourly rate (1 vessel/1captain/1 deckhand) of 

$1500 an hour for two of Braund’s vessels that were chartered for two- hours each. 

2. Claim A: $422,149.35 

(a) Claim A Damages: $408,585.40. Claim A Interest: $13,563.95

(b) Sites legally registered in Igushik District 6/16/13 through 8/04/13 

Permit Holder Permit No. Damages48 Less Net Repairs

S04T 64849 C $ 85,661.22 $ (83,581.22)

S04T 58959 A $ 139,384.82 $ (137,304.82)

S04T 57362 A $ 89,475.65 $ (87,395.65)

S04T 58444 W $ 102,383.71 $ (100,303.71)

Total $ 416,905.40 $ (408,585.40)

3. Claim B: $100,388.56 

(a) Claim B Damages: $97,225.34, Claim B Interest: $3,163.21 

(b) Sites legally registered in Igushik District, no later than, 7/10/13 through 8/04/1349

Permit Holder Permit No. Damages50

S04T 60084 Q $ 19,359.94 

S04T 59970 N $ 19,736.57 

S04T 60963 H $ 20,220.32 

S04T 60856 C $ 18,808.82 

S04T 59580 B $ 19,099.69 

Total $ 97,225.34 

Claimant’s Basis for the Entire Claim

The Claimant’s basis for its claim includes the gross value of sockeye salmon (loss of round pounds – 

unprocessed, as delivered to the dock)51 that the Claimant alleges it would have caught and delivered, in 

2013, to PPSF, in the amount of 251,512 pounds of sockeye salmon. The loss of round pounds that 

Claimant asserts it would have delivered to Favco, Inc., in the amount of 9,953 pounds of sockeye 

salmon, which gives an asserted total lost harvest of 261,465 pounds of sockeye salmon. The Claimant 

seeks the replacement costs of salmon that would have been processed and distributed to the crew 

 

48 These damages are not inclusive of the vessel charter howevever, they are inclusive of the homepack and fuel 

costs.

49 Mr. alleges that the night before the F/V Lone Star incident, the Braund Group fishermen that were fishing 

in the Combine and Coffe Point subdistricts planned to move down to the Igushik subdistrict but could not move 

down to the Igushik subdistrict because of the oil spill incident. See Braund’s Explanation of Damages, p. 11.

50 These damages are not inclusive of the vessel charter however, they are inclusive of the homepack and fuel costs. 51 Claimant’s Confidential Business Information, p.5.

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)

10

Catch History – Gross Earnings

The Claimant provided Peter Pan Seafoods, Inc., Bristol Bay Settlement Summaries, for years 2011 

through 2014, which demonstrate the Braund Group permit holders’ (each permit holder) net fish value, 

less taxes. 

Complete Tax Returns for Years 2010 through 2014 

On April 17, 2015, the NPFC requested that Mr. submit complete tax returns for years 2010 

through 2014 for the Group54. On November 09, 2015, the Fund received each member of the Braund 

Group’s individual tax returns. 

Letter from Favco

Mr submitted a letter from Favco55 to demonstrate that in 2013 Mr and Favco had 

planned to ship Igushik Sockeye to Favco’s processing facility, in Anchorage, from July 25, 2013 through 

August 02, 2013 and that the market price for Sockeye would have been $3.56 per pound. 

Mr. also provided fish landing tickets for Favco, for years between 2009 through 2015 to show 

the historical pounds of salmon caught and sold to Favco. 

Homepack

Mr. provided a letter from PPSF56 in regards to the PPSF fillet cost for the Braund Fishing Group. 

The letter states that in 2013, the Peter Pan Seafoods, Inc. (PPSF) Dillingham Facility sold #1 grade, pin 

bone out, vacuum packaged sockeye fillets (1 lb. – 2 lb. size category) for $8.50 per pound and that those 

fillets were available at that cost to fishermen, crew, and the public. The letter further explains that PPSF 

provides a service in producing a small portion of the sockeye fillets from the Braund Fishing Group’s 

catch towards the end of the fishing season. PPSF states in its letter that PPSF was unable to offer this 

service to the Braund Group in 2013 because of the oil spill incident. Therefore, according to PPSF, there 

were no Homepacks of sockeye fillets in 2013. 

Spring Adjustment

In the same PPSF letter,57 PPSF also explained its spring price adjustment calculation. PPSF states that 

the Bristol Bay spring price adjustment is based on the fisherman’s harvest of sockey salmon from the 

previous fishing season. PPSF Management set a ceiling dollar amount for the Bristol Bay price 

adjustment. The Spring Adjustment is allocated to the fishermen based on production thresholds of their 

over-all catch of sockeye salmon for the season. PPSF further explains that the higher producing fishing 

operations receive a higher adjustment price per pound and that the discretionary price adjustment was 

allocated to the Braund Fishing Group as well as other set net operations that fished for Peter Pan.

State Landing Data (Fish Tickets) for the Years 2010 through 2015, for each Permit Holder

Mr. submitted copies of all available State landing data (fish tickets) for the years 2010 through 

2014 for each permit holder. Mr. explained that any missing fish tickets would be a result of loss 

 

54 See NPFC letter, dated April 17, 2015 to Mr. . 55 Favco letter dated 2015 10 21 56 PPSF letter dated 2015 10 09 57 PPSF letter dated 2015 10 09

(b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6) (b) (6)

12

clearly indicated and any saved overhead and other normal expenses not incurred as a result of the 

incident must be established.” 33 CFR 136.233 (a) – (d).

The compensable amount is limited to the actual net reduction or loss of earnings and profits suffered. 

Calculations for net reductions or losses must clearly reflect adjustments for the following: all income 

resulting from the incident; all income from alternative employment or business undertaken; potential 

income from alternative employment or business not undertaken, but reasonably available; any saved 

overhead or normal business expenses not incurred as a result of the incident; and state, local, and Federal 

tax savings. 33 CFR 136.235 (a) – (e).

NPFC ANALYSES

Reconstructing and determining a loss of profits due to a reduction in fish caught is an extremely 

challenging endeavor. While the claimant has argued some very specific strategies for quantifying the 

losses for the members of the “Braund Group” the strategies include some assumptions that are not fully 

supported. In reviewing this claim, the NPFC finds that fishing in the Igushik River fishing grounds 

within the Nushagak District of the Bristol Bay Salmon fisheries were negatively impacted by the sinking 

of the F/V Lonestar at the mouth of the river on June 30, 2013 and the resultant oil spill incident and 

response. The success of the fishermen each year is completely dependent upon that years “run” both in 

size and timing. Historical data and comparisons to other years are highly variable depending on the size 

of the run, when the state opens or closes a fishery and when the run comes in.

The claimant is a group of salmon fishermen and salmon permit holders from the Nushagak District of 

Bristol Bay. While the group and the individual fishermen collectively fish more than the Igushik River 

and they catch more than just Sockeye Salmon, for the purposes of quantifying lost catch as a result of 

this incident, the NPFC analyzed the “Group’s” fish caught for 2013 as if they were all sockeye salmon 

and also attributed all fish to the impacted area, although certain permits and fishermen had the ability to 

catch in other locations within the Nushagak District, which includes the impacted Igushik.59 The 

NPFC’s method used the actual individual fisherman (permit holders) catch rate for the impacted year for 

the portion of the run that the fisherman had unimpacted acces to the run. 

Escapement

As put forward by the claimant, the catch or harvest within the Igushik was closely monitored and 

documented by the State of Alaska. The State has closely managed and tracked the salmon fishery in 

Bristol Bay for many years and has 57- years of history. The commercial catch and escapement data 

captured by the State fish towers combined with fish ticket reports for catch determine the state reported 

run data for the “Inshore Commercial Catch and Escapement” data60. The Igushik River Tower counts the 

escapement for the Igushik River section and Alaska State reports that the fish are counted 5 days after 

passing through the Igushik area fishing grounds, so there is a five day delay in when the counts are 

registered and when that portion of the years run has passed through the fishing grounds.61 

Escapement Ranges

The State of Alaska notes that the 2013 Salmon Fishery run for the Igushik River fishing ground was one 

of the earliest runs on record.62 In fact, the 167,202 fish counted by the Igushik tower through June 30, 

 

59 Mr. alleges that the night before the F/V Lone Star incident, the Braund Group fishermen that were fishing 

in the Combine and Coffe Point subdistricts planned to move down to the Igushik subdistrict but could not move 

down to the Igushik subdistrict because of the oil spill incident. See Braund’s Explanation of Damages, p. 11. 60 Table 20 of State report. 61 The lag time is based on , Area Biologist, email to the NPFC, dated 2016 01 14. 62 State of Alaska, Fishery Management Report No. 14 – 23

(b) (6) (b) (6)
13

2013 was the single largest June escapement count for the Igushik River recorded going back to 1958. 

The annual average for the month of June from 1958 through 2015 is 40,803 fish. The State documented 

that the 2013 Igushik River Inshore Commercial Season Run as 708,198 fish with a catch of 321,162 and 

an escapement of 387,036. 

Using the daily count records for escapement and applying the five day delay from when fish pass 

through the fishing grounds before they get counted indicates that 254,208 of the 387,036 total fish for 

the 2013 escapement had passed through the fishing grounds by the end of June. This escapement 

represents a total of 65.7% or 66% of all escapement and that percentage fairly represents the amount of 

the run that had passed the fishing grounds at the time of the incident. 

On July 05, 2013, fishing was closed on the Igusihik River by the State of Alaska63. Using the same 

methodlogy, the July 10th Igushik Tower counts (July 5 closure plus five day delay) demonstrates that 

85% of the run had passed the fishing grounds by the July 05, 2013. Therefore all of Braund’s fishing 

permits that continued to fish beyond July 01, 2013 lost an opportunity to catch 15% of the run and it also 

means that those fishermen landed only 85% of what they would have been landed, if the Braund Group 

had the opportunity to fish the entire run. 

NPFC Spreadsheet and Methodology

The NPFC documented each fish ticket, per fisherman, on an excel spreadsheet which was the easiest and 

most convenient way of recreating fishing years 2010 through 2015. The NPFC analyzed the Group’s 

fish that were caught in 2013, the impacted year, as if they were all Sockeye Salmon, to determine the 

“catch rate.” 

Exhibit A is a summary spreadsheet64 of what the Braund group reported to have caught, by each 

fisherman. Each fisherman has an entry in the column labeled, “Opportunity Lost,” which represents the 

pounds of fish that were not caught, based upon whether the fisherman stopped fishing at the end of June 

or after the July 5th River closure. The number of pounds that were lost was determined by using the 

individual catch as percentage of the run and then applying the amount of the run that was lost. 

If a fisherman fished for 85% of the run (using the escapement numbers) then the total pounds of fish that 

the fisherman caught was then divided by .85 (representing the 85% of the run that was fished). 

Similarly, a fisherman that stopped landing catches on June 30, 2013, their catch was divided by .66 to 

arrive at what the catch should have been, had the fisherman not missed 34% of the run. The total catch 

projected is then reduced by what was landed to determine the pounds of fish that were lost. As 

demonstrated in the NPFC spreadsheet (exhibit A) this number equates to the Total of the Opportunity 

Lost, for the Braund Group.65 

In addition to this season ending opportunity loss, the claimant demonstrated that at the time of the 

sinking in an effort to clear nets, fishing was disrupted and an increased number of fish escaped.. To 

recognize and quantify this loss, the total escapement counted between July 3rd through July 6th was 

added and divided by four (4) to determine the average and then divided by the total escapement to 

determine what the daily percentage of sockeye run was passing through the fishing grounds during the 

period of disruption. The result was that during the June 30th and July 1st disruption period, 5.6% of the 

2013 Sockeye Inshore Run was passing through the Igushik fishing grounds per day. 

Supplemental 5.6%

 

63 State of Alaska, Fishery Management Report No. 14 – 23. 64 NPFC Spreadsheet 65 An additional 45,942 pounds of fish.
14

The NPFC spreadsheet has a column entitled “supplemental 5.6%”. This column takes the fisherman’s 

projected catch (actual catch increased by the loss of opportunity poundage) and multiplies it by 5.6% to 

arrive at an additional loss due to the disruption. Collectively the fishing group has another 15,327 

pounds of fish attributed for the disruption. In aggregate, using this methodology, the Braund Group lost 

approximately 61,268.8 pounds of fish. 

Analyses of Claim Support Documents

The NPFC reviewed all of the claim documents provided. The fishing permit transfer forms show that 

five of the fishermen that were fishing in the Nushagak section of Registration planned to transfer to the 

Igushik section of the River. The transfer forms do not provide when the fishermen were planning to 

transfer; however, the fishermen had to transfer no later than July 10, 2013.66 

The NPFC finds that the Settlement Summaries provide a financial overview of what the Braund Group 

earned during years 2011 through 2014. The affected year, 2013 Summary, provides that the Braund 

Group earned, after taxes, $357,791.75 for a delivery of 231,401 pounds of various species of salmon. the 

The average price reported by the State of Alaska is $1.50 per pound for sockeye salmon , the PPSF 

summary shows that PPSF paid $1.50 per pound for only the Reds (Sockeye) species of salmon, which is 

the most caught species of salmon delivered to PPSF, during the 2013 fishing season. 

The NPFC reviewed the income tax returns and found that the income tax returns do not support the 

Braund Group’s end of year gains and losses as a whole, due to the nature of the Braund Group’s business 

structure. Braund Fishing Group is a name created by the Claimant for the purpose of this claim. Mr. and 

Mrs. Braund are a business entity organized under a sole proprietorship. The Claimant asserts that the 

Braund Group is a group of fishermen that come together every fishing season to fish. The “Groups”

proceeds, after cannery withholdings are paid to Mr. and Mrs. and then distributed to the permit 

holders according to the “handshake” agreement that is in place among the fishermen. 

The NPFC reviewed and analyzed the 2010 through 2015 fish tickets provided by the claimant. 

Comparing the results of each years fishing is highly variable depending on the size of the run, when the 

state opens or closes a fishery, weather and when the run comes in. However, the NPFC did use the 

actual 2013 fish tickets to establish the individuals actual catch rate leading up to the incident. This 

helped provide the basis to evidence a loss as noted above under the NPFC Spreadsheet and Methodology 

section.

NPFC OFFER

To determine injury/compensation, the NPFC reviewed the Claimant’s fishing records for 2013 and relied 

heavily on the 2013 State of Alaska research and records. More specifically, in measuring and 

quantifying the damage, the NPFC relied on the Alaska State Escapement Data for 2013 as well as the 

State’s information on an average price of Salmon in 2013.67 

The State of Alaska made it clear that the salmon that pass through the Igushik fishing grounds are 

counted five (5) days later while passing the Igushik Tower. 68 This would mean that a fish passing 

through the Igushik fishing grounds on June 30th would be counted on the 5th of July. Similarly, fish 

 

66 The Claimant provided transfer forms for , and 

.

Fishery Management Report No. 14 – 23, 2013 Bristol Bay Area annual Management Report. 68 The 5-Day delay is based on Tim Sands, Area Biologist, email to the NPFC, dated 2016 01 14.

(b) (6) (b) (6) (b) (6)