[acn-l] FISHLINK NEWS - 8/8/97(2)

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Sat, 9 Aug 1997 21:51:58 -0400 (EDT)

>>>> FISHLINK NEWS - 8/8/97(2) <<<<
(Vol. 3, No 5)
PART TWO OF TWO PARTS
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Fisheries and Conservation News
from the Pacific Coast Federation of Fishermen's Associations
and the Insititute for Fisheries Resources
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IN THIS ISSUE (continued):

CONGRESSIONAL RESEARCH SERVICE
SUMMARY OF FISHERIES AND MARINE MAMMAL NEWS
FOR MEMBERS OF CONGRESS FOR THE
MONTH OF JULY, 1997

[NOTE: This is the final July 1997 report and supersedes prior July
weekly reports. Next issue will start over with August information.]
________________________________________________________

Pacific Salmon Treaty. On July 3, 1997, U.S. officials announced that
WA state fishermen would be allowed to begin fishing for early Stuart
sockeye bound for the Fraser River on July 5. Additional U.S. fishing
periods were scheduled daily for July 7-9, 1997. The total early Stuart run
is estimated to amount to about 1.1 million sockeye, with a spawning
escapement of 500,000 desired. Of the 600,000 available for harvest, WA
fishermen are anticipated to be able to harvest about 86,000 fish.
However, Canadians urge restraint until the size of the actual return can be
determined. From 1990-1996, Canada has asked that the United States not
harvest from the early Stuart run, and the United States has agreed. On
July 6, 1997, Canadian officials opened a fishery restricted to certain
Native fishermen, with additional broader commercial openings scheduled
through the week. At midnight on July 7, 1997, the AK Dept. of Fish and
Game closed the southeast AK chinook salmon troll fishery after about
120,000 chinook were estimated to have been caught. This closure was
earlier than anticipated due to high catch rates. On July 8, 1997, U.S.
managers announced that the WA state fishery for early Stuart sockeye
would close a day earlier than originally scheduled, due to high catches by
U.S. fishermen. After catches are tabulated, a decision will be made on
July 10 or 11 whether to allow additional fishing. On July 9, 1997,
Canadian officials raised concerns that AK seiners were targeting Canadian
sockeye salmon under the guise of fishing for AK pink salmon, which
usually do not return to spawn until late summer. On July 9, 1997,
Canadian Trade Minister Sergio Marchi discussed aspects of salmon
negotiations with U.S. Trade Representative Charlene Barshefsky. BC
Premier Glen Clark appealed to WA residents for more attention to
conservation via an open letter published in major WA newspapers on July
10, 1997. On July 10, 1997, a BC fishing company filed suit against the
Canadian government in Vancouver, BC, court, alleging a conspiracy in
allowing Treaty negotiations to stall and in allocating harvest quota so as
to
benefit seiners and large processors and discriminate against small salmon
trollers. On July 16, 1997, U.S. and tribal managers decided, jointly with
Canadian managers, not to reopen the fishery for early Stuart sockeye from
the Fraser River due to concerns that high siltation in the River may
prevent significant numbers of salmon from reaching their spawning
areas. In earlier fisheries, U.S. fisherman caught about 108,000 early
Stuart fish while Canadians harvested about 276,000. On July 16, 1997,
BC Premier Glen Clark was reported to have written to Canadian Prime
Minister Jean Chretien calling for a joint strategy to counter alleged
targeting of BC sockeye by southeast AK purse seiners near Noyes Island.
Canadian officials claim AK fishermen have caught 350,000 Canadian
sockeye in this fishery, rather than the 120,000 agreed to. AK officials
contend the sockeye catch has been much smaller. On July 18, 1997, U.S.
officials admitted that southeast AK fishermen had incidently caught a
substantial number of sockeye salmon when fishing for pink salmon,
despite a limit of 120,000 sockeye, but stated that they believe the United
States is not in violation of the Treaty. Canadian officials are concerned
with the possibility that southeast AK fishermen could catch as many as 1
million sockeye caught by Aug. 1. On July 18, 1997, Canadian Foreign
Minister Lloyd Axworthy sent a diplomatic letter to the United States,
demanding that AK fishermen immediately stop intercepting
Canadian sockeye salmon. On July 18, 1997, after dozens of BC fishing
boats blocked the AK fish tender Polar Lady carrying 100 tons of salmon
to a fish processing plant in Prince Rupert, BC, the tender returned to U.S.
waters. On July 19, 1997, several hundred Canadian fishing boats
surrounded the AK ferry Malaspina in Prince Rupert, BC, blocking its
departure for Ketchikan, AK. The blockade continued through July 21,
despite a July 20 court order from a Montreal judge that the fishing boats
move and allow the ferry to depart; about 300 ferry passengers were
stranded. U.S. Secretary of State Madeleine Albright sent a diplomatic
letter to Canada, protesting the ferry blockade; the Canadian fishermen
demand that Canadian Fisheries Minister David Anderson intercede and
resume Treaty negotiations. On July 20, 1997, a second ferry bound for
Prince Rupert was diverted to Bellingham, WA. On July 20, 1997, four
U.S. fishermen aboard two salmon gillnetters, the Lynde E and the
Wanda Mae, were arrested and their boats and catch seized for allegedly
fishing inside Canadian waters in the Juan de Fuca Strait near the mouth of
the Jordan River off the southern tip of Vancouver Island; in addition, their
gillnets reportedly were of a type that was illegal in Canada. On July 21,
1997, the captains of the two U.S. fishing vessels arrested were fined
$4,000 each, with charges against their two deckhands stayed. Late on
July 21, 1997 and after Canadian Fisheries Minister David Anderson
assured fishermen that he would make a renewed effort to resolve the
dispute, Canadian protesters allowed the AK ferry Malaspina to continue
its journey north from Prince Rupert, BC. AK has suspended ferry service
to Prince Rupert indefinitely, and AK's Attorney General is reported to
have said that AK intends to sue BC fishermen and the Canadian
government in Vancouver,BC, Federal Court for damages. On July 22,
1997, Prince Rupert's mayor sent a letter of apology to AK Governor Tony
Knowles, including assurances that efforts are being made to compensate
AK for losses. On July 23, 1997, Canadian and U.S. officials agreed to
appoint special envoys to renew Pacific salmon negotiations; these envoys
will maintain daily contact and report directly to Prime Minister Jean
Chretien and President Bill Clinton. On July 23, 1997, U.S. and Canadian
officials were reported to have held an hour-long meeting characterized as
a "good discussion." On July 23, 1997, the U.S. Senate voted 81-19 to
pass S.Res. 109, expressing the sense of Congress with respect to the AK
ferry blockade in Prince Rupert, BC, and urging President Clinton to
impose economic sanctions if other ferries are blocked. On July 23, 1997,
WA officials announced that they were reopening the fishery for early
Stuart sockeye for one day on July 24, after the Pacific Salmon
Commission increased its estimate of the run size from 1.4 million fish to
1.8 million fish. Thus far the U.S. has harvested 121,000 fish while
Canadians have harvested 322,000; U.S. managers agreed to Canada's
revised request that 687,000 fish (rather than the earlier 500,000 fish) be
allowed to escape for spawning. On July 24, 1997, AK managers did not
reopen the southeast AK purse seine salmon fishery in Management
District 4 to allow sockeye salmon bound for Canada's Nass River to pass.
{On July 25, 1997, White House announced that former EPA
Administrator William Ruckelshaus had been appointed by President
Clinton to serve as the U.S. special envoy. The Canadian government
appointed Dr. David W. Strangway, President and Vice Chancellor of the
Univ. of BC, as their special envoy. On July 28, 1997, AK Attorney
General Bruce Botelho was tentatively scheduled to personally file
AK's lawsuit against the Canadian government and BC fishermen for AK
ferry blockade costs in Vancouver, BC, Federal Court. AK is seeking $2
million in damages. BC Premier Glen Clark assured BC fishermen that the
Province will pay their legal expenses. On July 28, 1997, the Vancouver,
BC, Federal Court Justice Barbara Reed granted AK a permanent
injunction against further blockades of AK state ferries and approved the
transport of AK commercial salmon through BC waters. On July 28, 1997,
the U.S. House approved H.Con.Res. 124 by voice vote, condemning the
blockade of the AK ferry by BC fishermen and calling on the
Administration to protect U.S. interests. In late July 1997, the Union of
National Defense Employees asked the BC
Supreme Court for an injunction to block the closure of the Nanoose
testing range, as threatened by BC Premier Glen Clark, claiming BC has no
authority to cancel a federal lease. On July 29, 1997, Canadian Fisheries
Minister David Anderson met in Washington, DC, with Pacific Northwest
Senators and Commerce Secretary William Daley. On July 29, 1997, WA
announced a 3-day fishery for early sockeye salmon bound for the Fraser
River after the Pacific Salmon Commission increased the estimated run size
from 351,000 fish to 500,000 fish. On July 29, 1997, the AK ferry Aurora,
escorted by U.S. Coast Guard and Royal Canadian Mounted Police vessels,
made an uneventful trip to Hyder/Stewart, BC. On July 30, 1997, WA
Gov. Gary Locke announced that former WA wildlife chief Curt Smitch
was being appointed as Gov. Locke's chief advisor on salmon and natural
resource issues. In addition, Smitch was reported likely to be nominated to
represent WA and OR on the Pacific Salmon Commission, replacing Bob
Turner. On July 30, 1997, Canadian Fisheries Minister David Anderson
met in Seattle with the governors of WA and AK. In a joint announcement
on July 30, 1997, the governors of AK and WA and Canadian Fisheries
Minister David Anderson announced that an expanded "Salmon Summit"
would be convened in fall 1997, and that stakeholder discussions may
resume in early fall 1997. Fisheries Minister Anderson also announced that
Canada would schedule no directed fishery for coho salmon off Vancouver
Island, reducing the harvest to 20% of the run, rather than the 60%
harvested in 1996.} {{On July 30, 1997, BC Premier Glen Clark urged
Fisheries Minister David Anderson to adopt a "Canada First" plan
developed by a joint federal-provincial working group, whereby Canadian
fishermen would be encouraged to intercept Pacific salmon headed for U.S.
waters.}} [Assoc Press, Reuters, Dow Jones News, Wall Street Journal,
United Press International]
.
AQUACULTURE AND AQUARIA
.
Fish as Pollutants. Beginning July 24, 1997, the WA state Pollution
Control Hearings Board has scheduled a 5-day hearing in Olympia, to
consider whether escaped salmon harm native fish and, if so, what options
might be considered. [Assoc Press]
.
Farmed Salmon Escape. On July 18, 1997, 5 or 6 Atlantic salmon
net pens became caught and tore open during a move to avoid a
Heterosigma algae bloom, releasing an estimated 300,000 Atlantic salmon
into Puget Sound, near Manchester, WA. [Assoc Press]
.
SC Aquarium Lawsuits. In mid-July 1997, the City of Charleston, SC,
filed suit against the company building the $62 million SC Aquarium for
$1.56 million in disputed construction claims involving installation of a
pollution-control system. In response, the construction company filed a
lawsuit in federal court alleging 5 counts for breach of trust and
negligence,
and seeking from $3 million to $4 million per count plus attorney fees.
[Assoc Press]
.
AK Salmon Hatchery Roe Stripping Lawsuit. On July 14, 1997, AK
Superior Court released a ruling by Judge Dan Hensley that the AK Dept.
of Fish and Game did nothing illegal by issuing temporary roe-stripping
regulations allowing pink and chum salmon hatcheries to discard salmon
carcasses in 1996. [Assoc Press]
.
Catfish and Dioxin. On July 7, 1997, the U.S. Food and Drug
Administration (FDA) issued a nationwide dioxin order based on June
1997 concerns that certain animal feeds were contaminated with trace
amounts of dioxin after 2 feed mills in Arkansas reportedly used some
dioxin-contaminated anti-caking agent in formulating soybean-based catfish
food. As much as 40% of all catfish feed may have been contaminated.
Under the order, shipment of catfish products was to have been banned
after July 13 unless the products could be certified as not being tainted.
However, FDA suspended this order for catfish as FDA officials and
catfish farmers began negotiating on an appropriate testing program for
catfish and catfish products. A nationwide FDA survey found dioxin levels
ranging from 1.32 to 3.48 parts per trillion in six of 19 catfish fillets
tested;
FDA holds that the natural background level for dioxin is one part per
trillion. On July 11, 1997, the FDA and the catfish farming industry
concluded an agreement for an industry-wide catfish sampling and dioxin
level testing program. On July 15, 1997, a multi-state testing program for
catfish began, with funding provided by an association of catfish farmers,
processors, and feed manufacturers. On July 16, 1997, FDA issued a
4-page order limiting catfish shipments from MS, AR, and LA where these
fish may have been fed the contaminated feed, effective midnight July 20.
On July 17, 1997, FDA officials announced that they would change the
sampling and testing program for catfish, effective July 20, to determine
catfish feed regimes necessary to assure acceptable dioxin levels. On July
21, 1997, major catfish farms and processing plants remained open,
processing fish that have passed FDA requirements, while they awaited
the results of tests for dioxin in additional catfish. On July 22, 1997,
test
results on hundreds of catfish from more than 100 farms were reported to
show that no catfish tested exceeded 1 part per trillion in dioxin. [Assoc
Press, Reuters, Dow Jones News, The Catfish Institute press release]
.
Shrimp Virus. In early July 1997, the state of SC ordered Edisto
Seafarms to kill a shipment of 4.1 million blue shrimp from Venezuela
testing positive for the taura syndrome virus, chlorinate three ponds,
discharge no water from the farm, and import no additional blue shrimp.
Subsequently,Edisto Seafarms filed suit against the state of SC seeking to
limit the demand for shrimp destruction and won a Circuit Court ruling.
On July 23, 1997, however, the SC Supreme Court unanimously
overturned the lower court decision, clearing the way for destruction of 5
million Venezuelan blue shrimp. {Destruction of the 5 million shrimp was
completed in late July 1997.} Between July 15 and July 23, 1997, four
public hearings will be held on the NMFS/Joint Subcommittee on
Aquaculture report entitled "An Evaluation of Shrimp Virus Impacts on
Cultured Shrimp and on Wild Shrimp Populations in the Gulf of Mexico
and Southeastern U.S. Atlantic Coastal Waters," and public comment will
be received to help in the development of plans for an ecological risk
assessment on shrimp viruses. [Assoc Press, Federal Register]
.
Chilean Salmon Antidumping and Countervailing Duty Petitions.
On July 1, 1997, attorneys for the Assoc. of Chilean Salmon Farmers asked
the Dept. of Commerce to reject petitions against farmed Chilean salmon,
alleging illegal subsidization of salmon exporters and undercutting of U.S.
prices, claiming that the petitioners do not represent the industry they seek
to protect, that Norwegian and Canadian salmon farmers would benefit
most if the duties were granted, and that Chilean boneless salmon fillets do
not compete with the petitioners' product. On July 2, 1997, the Dept. of
Commerce decided to formally open an investigation on charges that
Chilean salmon is being unfairly subsidized and dumped on the U.S.
market. A preliminary International Trade Commission (ITC) hearing on
the petitions and determination of injury was held on July 3, 1997. A
preliminary decision by the ITC is due by July 28, 1997. If the preliminary
ruling on injury to U.S. producers is positive, a Dept. of Commerce
decision on subsidies is due by Sept. 5, 1997, and on dumping by Nov. 19,
1997. On July 8, 1997, Chilean trade representatives announced that they
will seek formal negotiations with the U.S. Dept. of Commerce to resolve
salmon trade concerns. On July 24, 1997, the U.S. International Trade
Commission concluded its preliminary investigation and voted 3-0 that
there is sufficient evidence to indicate injury to U.S. industry from alleged
subsidies and dumping of Chilean salmon on the U.S. market. The Chilean
government has indicated that it might file a petition with the World Trade
Organization if U.S. penalties are imposed. [Assoc. of Chilean Salmon
Farmers press release, Dow Jones News, Assoc Press]
.
FRESHWATER FISHERIES
.
{Sacramento Delta Striped Bass. On July 29, 1997, the CA Dept. of
Fish and Game reported that this year's abundance index of young striped
bass in the Sacramento Delta and Suisun Bay was the lowest recorded
since the index was first calculated in 1959.} [Assoc Press]
.
Sacramento Delta Striped Bass. On July 29, 1997, the CA Dept. of
Fish and Game reported that this year's abundance index of young striped
bass in the Sacramento Delta and Suisun Bay was the lowest recorded
since the index was first calculated in 1959. [Assoc Press]
.
{Edwards Dam Removal. On July 28, 1997, the Federal Energy
Regulatory Commission released a final environmental impact statement,
recommending complete removal of Edwards Dam on the Kennebec River,
ME. This is the first time that FERC has recommended removal of an
operating dam. Edwards Manufacturing Co. and the City of Augusta, ME,
sought a 40-year operating license from FERC for the dam. Installation of
a fish passage system at the dam would be 1.7 times more expensive than
retiring and removing the dam.} [American Rivers press release, Assoc
Press]
.
Fish Advisory Data. On July 23, 1997, the U.S. Environmental
Protection Agency released its 1996 summary of state-issued fish
consumption advisories, reporting that official advisories increased 26%
over 1995, due largely to better monitoring and reporting. Advisories were
in effect for about 5% of the nation's total river miles and 15% of the
nation's total lake area. Five contaminants -- mercury, polychlorinated
biphenyls, chlordane, dioxins, and DDT -- were responsible for almost 95%
of the 1996 fish consumption advisories. [EPA press release]
.
FWS Director Nomination Hearing. On July 16, 1997, the Senate
Committee on Environment and Public Works held a hearing on the
nomination of Jamie Rappaport Clark to be Director of the U.S. Fish and
Wildlife Service, Dept. of the Interior. [Congr. Record]
.
Walden Pond Fishing? In mid-July 1997, representatives of People for
the Ethical Treatment of Animals (PETA) submitted a petition to MA
Governor William F. Weld, calling for a ban on fishing at Walden Pond,
northwest of Boston, as part of a PETA nationwide campaign that will ask
parks to ban fishing. [Assoc Press]
.
Whirling Disease. On July 10, 1997, MT's Whirling Disease Task
Force received a report that whirling disease had been detected in an
additional MT river drainage (Yellowstone River) and recommended that
MT ban or place more stringent limits on rainbow trout fishing in waters
infected by whirling disease. Mt's Fish, Wildlife, and Parks Commission
will receive a detailed report from the Task Force on Aug. 8, 1997, and
will consider Task Force recommendations. [Assoc Press]
.
Native Yellowstone Fish. On July 8, 1997, the National Park Service
released an assessment of obstacles to restoration of westslope cutthroat
trout and fluvial arctic graying to Yellowstone National Park habitat.
Major obstacles, particularly competition from introduced rainbow, brown,
and brook trout, preclude immediate progress, with gradual replacement of
exotic fish in selected park waters proposed. The preferred alternative for
action is to undertake suppression of non-native fish. [Assoc Press]
.
Russell Dam Pumpback. On July 1, 1997, the Army Corps of
Engineers released a report concluding that, at most, about 8 million fish or
0.5% of the fish in Lake Thurmond could be killed each year by nighttime
operation of the pumpback turbines at the Russell Dam hydroelectric plant
on the Savannah River, SC. The report concludes that threadfin shad
would be the species experiencing the greatest mortality, with possibly 7.6
million killed. The SC Dept. of Natural Resources has 45 days to study the
Corps report. The State of SC and the National Wildlife Federation have
sued the Corps over proposed pumpback operations; U.S. District Judge
Falcon Hawkins will determine whether, and if so, how the pumpback
program can operate. [Assoc Press]
.
Bull Trout. Between July 1 and July 17, 1997, five public hearings are
scheduled on the U.S. Fish and Wildlife Service's proposed listing Klamath
River bull trout as endangered and Columbia River bull trout as threatened
under the Endangered Species Act. Public comments will be taken until
Aug. 12, 1997. In early July 1997, the Alliance for the Wild Rockies and
Friends of the Wild Swan filed a motion for summary judgment in U.S.
District Court, Portland, OR, asking Judge Robert Jones to rule that there
was not enough evidence to separate bull trout into five distinct
populations. The groups hope to protect all bull trout rather than two
specific populations proposed for endangered species act listing. On July
22, 1997, EPA officials approved modifications of ID's water quality
guidelines, including maximum water temperature, aimed at protecting
spawning and rearing habitat for bull trout. [Assoc Press, Washington
Water Power press release]
.
MARINE MAMMALS
.
Norwegian Whaling. On July 25, 1997, Norway's whaling season
concluded with Norwegian whalers in 31 vessels reported to have taken
503 whales of their 580-whale quota. This harvest is estimated to have
produced 730 tons of meat valued at about $2.9 million. [Assoc Press,
Reuters]
.
Manatees. On July 22, 1997, U.S. Fish and Wildlife Service (FWS)
officials announced increased patrolling of Brevard Co., FL's manatee
protection zone. Along with the FL Marine Patrol, the FWS will enforce
boating and recreation regulations, since watercraft-related injuries (many
of which were reported in Brevard Co.) have contributed to 27 of FL's
more than 110 manatee deaths so far in 1997. On July 23, 1997, Univ. of
Miami scientists reported that papillomavirus had been found for the first
time in two FL manatees from different locations; this virus can cause
benign skin tumors. [Assoc Press, Reuters]
.
CITES Hearing. On July 17, 1997, the House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held an
oversight hearing on the results of the recent meeting of CITES
(Convention on International Trade in Endangered Species of Wild Fauna
and Flora) Parties in Zimbabwe. [Congr. Record]
.
Atlantic Large Whale Protection Measures. On July 15, 1997,
NMFS announced details of a substantially revised 4-year Atlantic Large
Whale Take Reduction Plan to reduce large whale entanglement in lobster
and gillnet fishing gear along the Atlantic coast. Fishermen will be
permitted to choose among a list of options for modifying fishing gear to
address entanglement concerns by Jan. 1, 1998. Comments on the plan will
be accepted through Oct. 15, 1997, with the rule taking effect on Nov. 15,
1997. Critical whale habitat would be closed to certain gear during times of
whale concentration, but gear modifications would not be required for gear
fished in inshore coves and harbors. [NOAA press release, Assoc Press]
.
Tuna-Dolphin Legislation. On July 14, 1997, the Senate Commerce
Committee reported S. 39 with an amendment in the nature of a substitute,
without a written report; S. 39 was placed on the Senate Calendar under
General Orders. {On July 25, 1997, the Senate vitiated a call for a cloture
vote on S. 39, and announced a compromise agreement providing for
lifting of import sanctions on tuna, and modification of the dolphin-safe
labeling if studies of dolphin health and biology, to be completed by March
1999, cannot prove that long-term harm is being done to dolphins by
surrounding them with tuna seines. On July 30, 1997, the U.S. Senate
voted 99-0 to pass S. 39, incorporating compromise amendments to the
International Dolphin Conservation Program. This measure would end
import sanctions on non-dolphin-safe tuna, and could allow tuna caught in
purse seines where no dolphins are killed or seriously injured to be labeled
"dolphin-safe" if research cannot prove by March 1999 that dolphins suffer
long-term adverse effects from being chased, herded, and surrounded by
purse seines.} {{On July 31, 1997, the U.S. House unanimously agreed to
accept the Senate amended S. 39, and this measure was sent to the
President.}} [Reuters, Congr. Record, Assoc Press, Dow Jones News,
Center for Marine Conservation press release, Defenders of Wildlife press
release]
.
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