"http://www.lsu.edu:80/guests/sglegal/public_html/fishsum.html"
Comments or corrections should be addressed to:
Gene Buck, Senior Analyst
Congressional Research Service
Library of Congress
Washington, DC 20540-7450
e-mail: <gbuck at crs.loc.gov>
Mr. Buck also makes the following request: "To further assist me in providing
a
broad scope of information resources to Congress, I would appreciate being
added
to any mailing lists of publications, news releases, newsletters, etc.
relevant to
marine mammals and fisheries. Where there is a subscription cost, a sample
copy
would provide a basis for deciding whether or not a subscription could be
justified.
Thanks for your assistance in this matter."
*****************************************************************
SALMON ALONG THE PACIFIC COAST
.
Salmon Price-Fixing Suit. On Jan. 2, 1997, Alaska Superior Court
Judge Larry Card agreed to hear a Bristol Bay salmon price-fixing lawsuit as
a
class action. The case involves about 40 defendants and more than 4,000
commercial salmon fishermen who fished in Bristol Bay anytime from 1989
through 1995. The lawsuit seeks about $1 billion in damages. Settlements
with about a dozen additional defendants become effective with the
class-action decision. [Assoc Press]
.
Salmon, Not Tuna. Beginning in late December 1996, nursing Alaska
women participating in the Women, Infants and Children (WIC) low-income
supplemental nutrition program will be able to substitute less expensive
canned pink salmon for tuna, after the U.S. Dept. of Agriculture agreed to a
State of Alaska request for such authority. This is the first food
substitution
approved in the 21-year history of the WIC program. [Assoc Press]
.
Columbia Basin Ecosystem Report. On Dec. 18, 1996, a team of
U.S. Forest Service/Bureau of Land Management scientists released their
"Interior Columbia Basin Ecosystem Management Project" report, concluding
that wild salmon populations inhabit less than 33% of their historic range,
but
that enough habitat remains to possibly rebuild healthy populations. In
addition, the report concluded that habitat restoration and protection alone
will
not ensure healthy fish populations, but that the effects of dams,
hatcheries,
and fish harvest must be addressed. Wild salmon are doing best in areas with
the fewest roads. [Assoc Press]
.
WA Timberlands Habitat Conservation Plan. On Dec. 13, 1996, the
WA Supreme Court rejected the plaintiffs request for injunctive relief,
ruling
that the petitioners had failed to show they would suffer any actual and
substantial injury if the state were to enter into a 1.63 million acre
habitat
conservation plan for state timberlands. [Assoc Press, Portland Oregonian via
Greenwire]
.
Competitive Hydropower Report. On Dec. 12, 1996, the four
northwest state Governors accepted a joint plan to preserve inexpensive
hydroelectricity in the region. Among the plan's recommendations are
investing $210 million annually for conservation and other public purposes,
resolving fish and wildlife issues, and establishing a 5-year budget to help
stabilize fish recovery costs. The plan was produced by a 20-member
committee appointed by the Governors, representing private utilities, the
aluminum industry, ratepayers, conservationists, the Bonneville Power
Administration, and others. In response to the recommendations, the
Governors have appointed a 4-member panel to produce an action plan by
February 1997. [Assoc Press, Greenwire]
.
Salmon Recovery Options. On Dec. 10, 1996, the Army Corps of
Engineers released an interim progress report of salmon recovery options,
focusing on either breaching federal dams ("permanent natural river drawdown
option") along the lower Snake River or keeping them intact. This report
responds to an NMFS requirement that the Corps decide about drawdowns or
submit an interim progress report. The Corps anticipates 3 years of study on
these options. [Assoc Press]
.
Canadian Salmon Fleet Restructuring. On Dec. 8, 1996, a
3-member government panel studying the impacts of restructuring the BC
salmon fleet submitted its report, including about 20 recommendations, to
Fisheries Minister Fred Mifflin. The report calls for prompt action by
federal
and provincial governments to provide financial aid to affected fishermen and
workers. The report suggests that BC commercial salmon fishermen should
receive as much as C$10 million in compensation, that a C$15 million habitat
improvement fund be created, that the federal government provide loan
guarantees to help fishermen buy more than one license, and that the fishing
fleet should vote on the future of license-stacking allowing vessel owners to
possess multiple licenses. The report was released on Dec. 12, 1996. On
Dec. 13, 1996, a report by the President of Memorial Univ. of St. Johns,
Newfoundland was released, recommending that fishermen be given a stronger
role in catch allocation decision-making, that sport fish license fees be
increased, that recreational fishing be given a higher priority when fish
stocks
are low in abundance, that a long-term allocation policy be developed to give
all sectors knowledge of future catch sharing, and that commercial fishermen
should be fairly compensated if displaced by new salmon allocation rules.
[Assoc Press]
.
March 1996 Salmon Suit. On Dec. 5, 1996, the 10 fishermen's and
environmental groups that filed a Mar. 14, 1996 lawsuit in federal court
charging that NMFS, the Army Corps of Engineers, and the Bureau of
Reclamation were violating the Endangered Species Act by developing salmon
restoration measures that fell short of what is required for operating 8 dams
along the Columbia and Snake Rivers to meet flow targets, and failing to
follow
even their flawed restoration plan, filed a motion for partial summary
judgment. These groups are claiming that there was no scientific
justification
for "last minute" changes to the federal biological opinion on measures of
success in salmon recovery, and that such changes were inappropriate since
they were aimed at "appeasing political concerns." The groups seek to open
new consultation with states and tribes leading to development of a modified
salmon recovery plan. Judge Malcolm Marsh is likely to hold a February or
March 1997 hearing this case and the motion. [Assoc Press, Greenwire]
.
Dworshak Dam Drawdown. On Dec. 4, 1996, Army Corps of
Engineers officials announced that they planned to lower Dworshak Reservoir
(Idaho) by 100 feet by mid-September 1997 to seal bedrock cracks beneath
the dam on the Clearwater River. Water levels will start being lowered after
the July 4 holiday, and be lowered 70 feet by Aug. 15. [Assoc Press]
.
New Habitat Conservation Plan Guidelines. On Dec. 3, 1996,
NMFS and FWS officials jointly announced new guidelines to streamline and
expedite the habitat conservation plan (HCP) permit process under the
Endangered Species Act. A new HCP handbook outlines a special
"low-effect" HCP category for small landowners and other minor- or
negligible-impact projects. The new guidelines aim for greater flexibility
in
procedural decisions and target approval deadlines. [FWS press release]
.
Pacific Salmon Treaty. On Dec. 2, 1996, British Columbia scientists
reported that 1996 BC Fraser River sockeye salmon run totalled 4.3 million
fish, significantly higher than the 1.6 million initial forecast. An
excellent run
of 7 million sockeye was reported for the Skeena River. However, coho
salmon returns along the south coast were near record lows. [Assoc Press]
.
Central CA Coho Salmon. Dec. 2, 1996 was the deadline for
comments on NMFS interim forestry guidelines to protect central CA coho
salmon habitat. The interim guidelines are developed to assist landowners in
complying with the Endangered Species Act when the listing of central CA
coho salmon becomes effective on Dec. 30, 1996. [NMFS news release]
.
FY1998 Federal Budget Proposal. On Feb. 6, 1997, details of the
Clinton Administration's FY1998 proposed budget were released, including
expenditure of $25 million to purchase two dams on WA's Elwha River (with
another $83.3 million over 5 years to complete dam removal and restore
fisheries), transfer $55 million from a timber salvage fund into a proposed
new
Forest Ecosystem Restoration and Maintenance Fund for uses including
enhancement of fish habitat, increase the Forest Service's Anadromous
Fisheries Management program by $1.5 million, and provision of $2 million to
"For the Sake of Salmon" for salmon watershed restoration within the National
Resource and Conservation Service budget. [Assoc Press, Trout Unlimited
press release]
.
Salmon Fishing EIS. On Feb. 3, 1997, NMFS was scheduled to hold
the first of four public hearings in the Pacific Northwest to better
determine the
scope of an environmental impact statement on the effects of fishing on
threatened and endangered salmon. A decision on a lawsuit by the aluminum
industry ordered such an EIS. [Assoc press]
.
Pacific Salmon Treaty. On Jan. 31, 1997, BC Premier Glen Clark
was reported to have stated to a fishermen's union convention that the BC
government might take unilateral action to provoke an international incident
unless Canada and the United States make progress on resolving Pacific
salmon treaty issues by mid-March 1997. On Feb. 5, 1997, U.S. Dept. of
State officials announced that U.S. and Canada have agreed to a process
whereby salmon interests will meet in mid-February 1997 in Portland, OR, to
pursue discussions on fishing consistent with the Treaty's principles during
1997. Separate groups of northern and southern stakeholders will review
fisheries and make recommendations for 1997 fishing. The two groups will
report to U.S. and Canadian negotiators, who will make a preliminary review
of
progress by mid-March 1997. [Assoc Press, Reuters]
.
Salmon Strategy Forum. On Jan. 27, 1997, representatives of the
salmon industry met in Juneau to begin a 3-day state-sponsored forum to
identify ways the state can work with fishermen to better market salmon.
Among other ideas, the meeting proposed that the state adopt a new policy of
managing salmon harvest to allow fishermen to catch salmon when the fish
are at peak quality and on a schedule that will allow processors to prepare a
quality product, that the salmon industry become more responsive to
consumer interests, and that a salmon grading scale be developed to enhance
consumer understanding of fish quality. [Assoc Press]
.
WA Timberlands Habitat Conservation Plan. On Jan. 27, 1997, the
WA State House passed a bill by a 66-30 vote that would cancel the WA
timberlands habitat conservation plan. The bill requires legislative
approval for
such measures, including retroactive application to the WA timberlands plan.
Critics of the plan are concerned with the long (70-100 year) timeframe of
the
plan for the large amount of state timber (1.63 million acres). On Jan. 30,
1997, Interior Secretary Bruce Babbitt and Council on Environmental Quality
Chairperson Katie McGinty traveled to Seattle, WA, to sign the habitat
conservation plan. [Assoc Press, Greenwire]
.
Dam Removal Poll. In late January 1997, Idaho Consulting
International conducted a telephone poll of 412 registered ID voters on
whether
one or more Lower Snake River dams should be removed to restore salmon
and steelhead runs. While 49% supported dam removal, 47% opposed this
action. [Assoc Press]
.
MARINE FISHERIES
.
Shark Limited Access. On Jan. 6-23, 1997, NMFS will conduct a
series of 10 public hearings along the Atlantic coast on an NMFS proposal to
create a two-tiered (direct or incidental catch) permit and limited access
system for 39 species of sharks in the Atlantic Ocean, Gulf of Mexico, and
the Caribbean. NMFS determined this fishery to be severely overcapitalized,
and proposes to eliminate more than 2,300 of about 2,700 current permits in
this fishery, since only 134 fishermen regularly fish for and land sharks.
Public comment on the proposal will be accepted until Feb. 18, 1997. [NOAA
press release]
.
North Pacific Trawlers. In late December 1996, Oceantrawl Inc.
(Seattle, WA) announced that it had reached an agreement for American
Seafoods Co. to manage the Northern Jaeger, a trawler for Alaska pollock and
Pacific whiting. On Jan. 2, 1997, officials of International Maritime
Management Inc. (Seattle, WA) announced that it was negotiating with
American Seafoods Co. to acquire 5 factory trawlers used for pollock and cod
catching-processing. [Assoc Press]
.
Shrimp Embargo. On Dec. 25, 1996, Thai officials announced that
they are seeking authorization to pursue dispute proceedings by the World
Trade Organization against the United States, after Thai officials reported
that
no response was received from the United States after an initial WTO filing
by
Thailand and other nations on Oct. 8, 1996. The WTO's Dispute Settlement
Body may consider the Thai request when it meets on Jan. 12, 1997. [The
Nation (Bangkok) via Foreign Information Broadcast Service]
.
Beach Protection for Sea Turtles. On Dec. 20, 1996, U.S. District
Judge Anne C. Conway dismissed an environmental lawsuit seeking increased
protection along Volusia County, FL, beaches. Judge Conway dismissed the
lawsuit after Volusia County received an incidental take permit from the Fish
and Wildlife Service, allowing limited turtle mortality as long as the County
abided by its conservation plan. [Assoc Press]
.
EU Satellite Monitoring. On Dec. 18, 1996, the EU Parliament
approved measures concerning the implementation of a satellite monitoring
system for certain fishing vessels operating outside waters under EU
jurisdiction, irrespective of length, to begin Jan. 1, 1999, but excluding
all
small vessels fishing in the Mediterranean. Also monitored would be vessels
catching industrial fish for reduction to oil and meal and vessels fishing
driftnets longer than one kilometer. On Dec. 19, 1996, the EU Fisheries
Council agreed, by a qualified majority, to establish a satellite monitoring
system to monitor fishing vessel location. Italy supported the proposal
after
the Fisheries Council pledged 100 million ECUs aid over 3 years for
converting
about 700 swordfish driftnet vessels to other gear. The Spanish, Italian,
and
Dutch fleets would be the largest in the tracking system. The system would
affect only vessels exceeding 24 meters in length, and would exclude
short-term (less than 24-hour trips), inshore (within 12 miles of shore)
fishing.
The preliminary satellite tracking system is scheduled to begin June 30,
1998,
with full implementation by Jan. 1, 2000. [Agence Europe via Reuters]
.
Proposed Shark Regulations. On Dec. 19, 1996, NMFS announced
new proposed regulations to better protect and rebuild Atlantic shark
populations. The new regulations propose to reduce the annual commercial
quota for large coastal sharks by 50%, prohibit directed commercial fishing
for
five species of sharks (basking, whale, sand tiger, bigeye sand tiger, and
white sharks), reduce the sport catch of sharks, establish an annual
commercial quota for small coastal sharks, establish a tag-and-release sport
fishery for white shark, prohibit filleting of sharks at sea, and improve
shark
data collection. [Center for Marine Conservation press release, personal
communication, NOAA press release]
.
New TED Regulations for Shrimpers. On Dec. 18, 1996, the Dept. of
Commerce published new regulations for turtle excluder devices (TEDs) that
establish Shrimp Fishery/Sea Turtle Conservation Areas within 10 nautical
miles of the coasts of Texas and Louisiana (west of the mouth of the
Mississippi River) as well as the coasts of Georgia and South Carolina.
After
Mar. 1, 1997, and within these Conservation Areas, use of soft (flexible)
TEDs
will be prohibited, modifications of bottom-opening hard TEDs will be
required,
and hard (rigid) TEDs will be required in trynets with headrope lengths
exceeding 12 feet. NMFS researchers will continue to work on improving the
performance of soft TEDs. [NOAA press release, Assoc Press, Center for
Marine Conservation press release]
.
Oregon Crab Price-Fixing Lawsuit. On Dec. 17, 1996, the State of
Oregon filed suit against two crab fishermen, alleging participation in a
price-fixing conspiracy to keep crabbers from negotiating with processors for
the best available price during the 1995-96 crabbing season. Ten other
individuals are alleged to have reached an out-of-court settlement with the
state, each paying $9,100. The lawsuit seeks an injunction against future
unlawful conduct, as much as $100,000 in penalties for each violation, a
one-year suspension of each fishing license, and reimbursement for court and
investigation costs. [Assoc Press]
.
Right Whale Protection. On Dec. 16, 1996, the State of
Massachusetts, in response to a federal court order, submitted plans to
require a modification to weaken lobster fishing buoy lines used in Cape Cod
Bay that might entangle right whales. Lobstermen would be required to
weaken buoy lines by February 1997, with the State developing a special
weak buoy line to be required by January 1998. Floating lines will also have
to
be replaced by sinking lines. Gear restrictions to protect whales would be
required from January through mid-May annually. U.S. District Judge Douglas
P. Woodlock must approve the state's proposed plan. Gillnet fishing would
also be banned in state waters frequented by whales. On Dec. 16, 1996,
NMFS announced its intention to close the Great South Channel east of Cape
Cod to gillnet and lobster fishing from April 1 to June 30 annually to
protect
right whales. [Assoc Press, Boston Globe via Greenwire]
.
Canadian Fisheries Violations Down. On Dec. 16, 1996, Canadian
Fisheries Minister Fred Mifflin announced that foreign fishing violations
along
Canada's Atlantic EEZ had declined from 58 two years ago to only 3 this year.
[Assoc Press]
.
Canadian Shark Violation. On Dec. 13, 1996, the Japanese vessel,
Shoshin Maru No. 38, and its crew were released on C$115,000 bail after
being questioned about alleged illegal dumping of dead sharks. The court
ruling on this case may not be delivered until May 1997. [Dow Jones News]
.
Frozen Atlantic Cod Fillet Imports. On Dec. 13, 1996, the Seafood
Market Analyst reported that frozen Atlantic cod fillet imports had increased
4.8% by volume (and increased 6.2% in value) for the first 9 months of 1996,
compared to a similar period in 1995. Iceland, Canada, and Norway are the
primary suppliers, together accounting for about 95% of all such imports.
[Seafood Market Analyst]
.
Bluefin Tuna Conference. On Dec. 13, 1996, the NC Sea Grant
Program has scheduled an Atlantic bluefin tuna conference at Nags Head,
NC. [NC Sea Grant brochure]
.
Turtle Homing to Beaches. In the Dec. 11, 1996 issue of Nature,
German scientists reported genetic evidence that endangered loggerhead
turtles return to nest at the very same beaches where they hatched years
earlier. [Reuters]
.
Bumble Bee Seafoods. On Dec. 10, 1996, Questor Partners Fund,
L.P. (Southfield, MI) and H.J. Heinz Co. (through its affiliate Star-Kist
Foods,
Inc., Pittsburgh, PA) announced that they have terminated discussions
concerning acquiring the brand name and seafood business of Bumble Bee
Seafoods, Inc. of San Diego, CA, from Unicord Public Co., Ltd., of Bangkok,
Thailand. This potential acquisition had been announced in July 1996.
Speculation was that the Federal Trade Commission was unlikely to approve
the purchase as it would have given Star-Kist too large a market share. [H.J.
Heinz Company press release, Reuters]
.
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END OF PART 1 OF 3 PARTS -- CONTINUED IN PART 2
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