Subject: CRS Summary - Part 1/2 From: Kate_Wing@commerce.senate.gov (Kate Wing) Fisheries and Marine Mammals: Most Recent Developments -- 11/21/97 Environment and Natural Resources Policy Division Congressional Research Service New info and changes since 11/14/97 are bracketed {...} New info and changes since 11/20/97 are double bracketed {{...}} Marine Fisheries Destructive Fishing Practices Workshop. The Asia-Pacific Economic Cooperation Marine Resources Conservation Working Group has scheduled a Workshop on the Impacts of Destructive Fishing Practices on the Marine Environment for Dec. 16-18, 1997, in Hong Kong. [Workshop brochure] {FL Spear Fishing. On Nov. 18, 1997, FL Governor Lawton Chiles and his Cabinet adopted regulations allowing spear fishermen to hunt Spanish mackerel, king mackerel, and dolphin (the fish, NOT the marine mammal) beginning Jan. 1, 1998, but continued prohibitions on spearing 28 other species, including snook, red drum, spotted seatrout, weakfish, bonefish, tarpon, pompano, sharks, and billfish.} [Assoc Press] {Turtles and TX Shrimpers. In mid-November 1997, officials for a coalition of 3 turtle protection groups wrote NMFS requesting a ban on shrimp trawling in TX waters for the remainder of 1997, alleging that 9 of 18 dead sea turtles found during early November 1997 had been intentionally mutilated.} [Assoc Press] Corals. On Nov. 14, 1997, studies by a Univ. of GA scientist, reported in The Miami Herald, concluded that the number of areas with diseased coral on FL Keys reefs increased by 276% in the past year (25 stations in 1996 to 94 stations in 1997), while the number of diseased coral species increased 211% during the same period (9 species in 1996; 28 species in 1997. {The specific diseases have not all been identified conclusively, and their origin is uncertain.} On Nov. 18, 1997, the Senior Ecologist Seminar Series, sponsored by The Ecological Society of America, the National Oceanic and Atmospheric Administration, the Smithsonian Institution, and the Environmental Protection Agency, will present "Multiple Stressors on Floridian Coral Reefs: Lessons for a Sustainable Future" at the American History Museum, Washington, DC. [Assoc Press, Reuters, personal communication] Aquatic Nuisance Species Task Force Meeting. The Aquatic Nuisance Species Task Force is scheduled to hold its fall meeting on Nov. 13-14, 1997, in Riverdale, MD, to review and coordinate various regional programs and measures to monitor and control introduced (exotic) species. A field trip is tentatively scheduled for Nov. 14 to view Chesapeake Bay nonindigenous species and their impacts, and to view ballast water tank management facilities. [personal communication] IFQ Meetings. The National Research Council's Committee to Review Individual Fishing Quotas is scheduled to hold public meetings in Seattle, WA, to take public comment on its review of IFQs on Nov. 12-13, 1997. [personal communication, Assoc Press] U.S.-Mexico Maritime Boundary. On Nov. 13, 1997, U.S. President Bill Clinton and Mexican President Ernesto Zedillo were scheduled to meet in Washington, DC, to sign a 1978 agreement establishing the maritime boundary between the United States and Mexico in Gulf of Mexico and Pacific Ocean waters. [Reuters] Red Snapper Ban. On Nov. 12, 1997, NMFS announced that, based on harvest survey data, the recreational quota for Gulf of Mexico red snapper harvest (4.469 million pounds) would be reached by Nov. 26, 1997. Thus, the recreational bag limit for this species would be reduced to zero from Nov. 27 through the end of the year (Dec. 31, 1997). {NMFS requested that all Gulf states close the recreational fishery for red snapper in state waters and prohibit the sale of red snapper from state waters during the closure.} [NOAA press release, Assoc Press] Russian Trawler Detention. On Nov. 12, 1997, the Russian trawler Chernyayevo was released after its owner agreed on Nov. 10 to pay a $190,000 fine to settle a complaint concerning illegal fishing in the Bering Sea. The trawler had been held in Kodiak, AK, since August 1997. [Reuters] Japanese-Chinese Fishery Agreement. On Nov. 11, 1997, Japanese and Chinese officials signed a bilateral agreement on fisheries, agreeing to establish a jointly controlled zone in the East China Sea and discuss disputed areas at a later time before delineating 200-mile economic zones. Fishing quotas will be mutually set while enforcement authority will be exercised by the nation in whose waters the alleged violations occur. Taiwanese officials expressed concern over this agreement in that it could exclude consideration of Taiwanese claims to certain areas. [Dow Jones News] Large Trawler Restrictions. {On Nov. 13, 1997, both the U.S. Senate and House voted to approve the conference report (H.Rept. 105-405) on an amended H.R. 2267 (the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998), section 616 of which prohibits large trawlers specifically in the Atlantic herring and mackerel fishery during FY1998, and elsewhere in the U.S. Exclusive Economic Zone if any such vessel's did not have a fishery endorsement on its certificate of documentation as of Sept. 25, 1997.} [Assoc Press] Summer Flounder Lawsuit. On Nov. 6, 1997, the state of CT announced that it had filed suit in U.S. District Court against the Secretary of Commerce over summer flounder (fluke) quotas. CT alleges the federal government has not been responsive in considering revisions to a controversial quota system, and asks the Court to order the Secretary of Commerce to rule on a petition filed earlier in 1997 by CT. [Reuters] Zapata Acquisition. On Nov. 5, 1997, Zapata Corp.'s subsidiary, Marine Genetics Corp. (Hammond, LA), announced its acquisition of the U.S. fishing and producing assets of American Proteins Inc (Cumming, GA). Marine Genetics also acquired the right to purchase fish meal from American Proteins' Peruvian unit. American Proteins Inc. operates a fishing business in Chesapeake Bay through its Ampro Fisheries division. [Dow Jones News] Horseshoe Crab Fishery. On Nov. 5, 1997, the Delaware Bay Waterman's Association filed a lawsuit in the NJ Superior Court's appellate division, in an effort to overturn the October 1997 decision by the NJ Marine Fisheries Council to promulgate new regulations restricting the horseshoe crab fishery. The lawsuit accuses the Council of procedural irregularities and of basing its decision on insufficient information. [Assoc Press, ASMFC press release] Pacific Groundfish Catch Reductions. On Nov. 4, 1997, the Pacific Fishery Management Council approved reduced 1998 catch quotas for many groundfish species -- the lingcod annual quota was reduced 66%, sablefish (blackcod) was reduced 40%, longspine thornyheads was reduced 35%, Dover sole was reduced 19%, and widow rockfish (snapper) was reduced 34%. Proposed regulations to implement these quota changes were approved on Nov. 7, 1997. [Assoc Press] NMFS Draft Research Plan. On Nov. 3, 1997, NMFS announced the availability for public comment of its 43-page draft "Strategic Plan for Fisheries Research" -- [http://kingfish.ssp.nmfs.gov/sfa/prorules.html]. This document identifies major fisheries research goals and objectives related to the Magnuson-Stevens Fishery Conservation and Management Act. [NOAA press release] Italian Driftnets. On Oct. 30, 1997, Italian Agriculture and Fisheries Minister Michele Pinto announced that the voluntary reconversion plan for 3,500 Italian driftnet fishermen and 676 fishing vessels will begin to be implemented in the next few weeks. A total of 400 billion lira in aid and compensation will be available for the program. [Rome ANSA via Foreign Broadcast Information Service] EU Fish Conservation Measure. On Oct. 30, 1997, the European Union's Fisheries Council agreed by a qualified majority to new regulations to better protect juvenile fish. Beginning Jan. 1, 2000, the new regulations will require improved selectivity of fishing gear to reduce bycatch, implement control measures to reduce fish discards, limit certain gear in areas where juvenile fish are abundant, and set minimum sizes for fish that may be caught or sold. [Agence Europe via Reuters] Bering Sea Protection. On Oct. 30, 1997, the World Wildlife Fund (WWF) announced that it would spend $10 million protecting the Bering Sea and four other North American ecoregions. The focus on these five ecoregions was the result of a North American Conservation Assessment of 116 ecoregions by WWF. [Assoc Press] International Year of the Ocean. The House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans has tentatively scheduled an oversight hearing on Oct. 30, 1997, on the Administration's planned activities for the 1998 International Year of the Ocean. [personal communication] NOAA Corps Hearing. The Senate Commerce, Science, and Transportation Committee's Subcommittee on Oceans and Fisheries has tentatively scheduled a hearing on Oct. 29, 1997, on the future of the National Oceanic and Atmospheric Administration (NOAA) Corps and on S. 877 proposing to disestablish the NOAA Corps. [personal communication] EU Suspends Nicaraguan Seafood Imports. On Oct. 28, 1997, the Nicaraguan Economy Ministry announced that the European Union had suspended imports of all Nicaraguan seafood for failure to meet hygiene standards. [Reuters] VA Oyster Transplant. On Oct. 28, 1997, the VA Marine Resources Commission agreed to conduct a Nov. 25, 1997, public hearing on a plan to harvest mature oysters from Tangier and Pocomoke Sounds this winter and establish a reef elsewhere in Chesapeake Bay. This would mimic a winter 1997 program wherein 2,300 bushels of oysters were harvested and moved to a reef in the Great Wicomico River. [Assoc Press] Illegal Toothfish Fishery. On Oct. 28, 1997, these two vessels arrived in Fremantle harbor under tow by the Royal Australian Navy. At least some of the crew on these foreign vessels were reported to be from Argentina. About 46 metric tons of Patagonian toothfish was aboard the two vessels. On Nov. 14, 1997, an Australian court was scheduled to hold a hearing for two Australian nationals charged with illegal fishing in Antarctic waters with the Belize-registered vessel. [Reuters] Roanoke Striped Bass Recovery. In late October, 1997, the Atlantic States Marine Fisheries Commission made a formal determination that the Albemarle Sound-Roanoke River striped bass population had recovered to historic levels. Similar determinations were made in 1995 for the Chesapeake Bay and New England striped bass populations. [Assoc Press] Salmon Along the Pacific Coast {{Yukon River Sonar Lawsuit. On Nov. 19, 1997, the AK Supreme Court heard oral arguments on a lawsuit by western AK fishermen, who allege that erroneous sonar fish counts by AK state biologists undercounted returning salmon and led to the needless closure of the 1994 chum salmon season on the Yukon River. They further contend that the closure caused hardship for those dependent upon the subsistence and commercial harvest of Yukon River chum salmon.}} [Assoc Press] {PUD Salmon Restoration Costs. On Nov. 17, 1997, WA state public utility district (PUD) representatives reported to the WA Legislature's Salmon Restoration Task Force that PUDs expended almost $50 million during 1996 on programs to improve salmon management, production, and habitat. This estimate excludes additional millions of dollars in foregone generating revenue as well as that portion of the PUDs' payment to Bonneville Power Administration that funds salmon restoration.} [WA PUD Assoc. press release] .... From: Kate_Wing@commerce.senate.gov (Kate Wing) Salmon Price-Fixing Lawsuit. On Nov. 13, 1997, Anchorage (AK) Superior Court Judge Peter Michalski set a 1999 trial date for the billion dollar class action lawsuit involving more than 5,000 fishermen alleging price-fixing on Bristol Bay sockeye salmon by 7 Japanese seafood processing companies from 1989 through 1995. [Assoc Press] Elk Creek Dam Hearing. On Nov. 13, 1997, the House Agriculture Committee held a field hearing in Medford, OR, to review the Army Corps of Engineers proposal to provide fish passage through Elk Creek Dam, near Medford, OR. [Assoc Press] Tribal Salmon Restoration Programs. {On Nov. 13, 1997, the} Columbia River Inter-Tribal Fish Commission, representing four Columbia River tribes, filed a petition with the 9th U.S. Circuit Court of Appeals, asking the court to review the Northwest Power Planning Council's September 1997 recommendation that funding of tribal salmon restoration programs, {including new hatchery construction,} be halted pending further review. {On Nov. 21, 1997, tribal representatives are tentatively scheduled to meet with the Northwest Power Planning Council in an effort to settle conflicts that led to the lawsuit filing.} [Assoc Press, Dow Jones News] Chinook Salmon Lawsuit. On Nov. 6, 1997, a coalition of fishing and conservation groups filed suit in U.S. District Court against the federal government, seeking to force increased protection for chinook salmon in WA, OR, and CA under the Endangered Species Act. The lawsuit alleges that NMFS should have proposed protection for chinook salmon by February 1996. [Assoc Press] Bristol Bay Salmon Fishery. On Nov. 6, 1997, the U.S. Dept. of Commerce issued a fishery disaster declaration (declared a commercial fishery failure) for the Bristol Bay and Kuskokwim regions of Alaska in response to requests by AK officials. This declaration, authorized by section 312(a) of the Magnuson-Stevens Fishery Conservation and Management Act, allows federal aid to be provided for fishermen who experienced low salmon harvests and low prices this year. {On Nov. 13, 1997, both the U.S. Senate and House voted to approve the conference report (H.Rept. 105-405) on an amended H.R. 2267 (the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998), including $7 million for emergency disaster assistance for AK's Bristol Bay and Kuskokwim regions.} [Assoc Press, Reuters, NOAA press release] Wild vs. Hatchery Fish? On Nov. 5, 1997, the Northwest Indian Fisheries Commission and the WA Dept. of Fish and Wildlife reached provisional agreement on a draft plan to protect wild salmon after concurring that fishery managers can use broad judgment in determining what is a wild fish and what is a hatchery fish. Individual tribes would decide how much they might reduce hatchery production and harvests. The agreement must be approved by individual tribes and the WA Fish and Wildlife Commission. A public hearing on the draft plan has been tentatively set for Nov. 21, 1997. [Assoc Press] BC Salmon Assistance Protest. On Nov. 5, 1997, hundreds of BC fishermen were reported to have gathered outside federal fisheries offices in Vancouver and Victoria to protest what they considered the Canadian federal government's inequitable treatment of the salmon fleet compared to the Atlantic groundfish fleet. [Assoc Press] New Zealand Salmon Imports. On Oct. 31, 1997, New Zealand's Ministry of Agriculture announced that it had concluded that it was inappropriate to continue a ban on imports of uncooked wild Pacific salmon from the United States. The risk analysis for this determination remains open for public comment until Dec. 10, 1997. [Dow Jones News] FERC and Salmon Protection. On Oct. 30, 1997, the Senate Committee on Energy and Natural Resources' Subcommittee on Water and Power held a hearing to review the Federal Energy Regulatory Commission's hydroelectric relicensing procedures. {On Nov. 17, 1997, a coalition of 8 fishing and conservation groups filed a petition with the Federal Energy Regulatory Commission, calling on FERC to address alleged increasing threats to chinook salmon and steelhead trout from ID Power Co. dams in the Snake River drainage. FERC has also been requested, but has declined, to enter consultation with NMFS on endangered and threatened species protection measures.} [Dow Jones News, Assoc Press, Congr. Record] Pacific Salmon Treaty. On Oct. 24, 1997, Canadian federal court Justice Marc Nadon announced that he will rule next week on whether AK's lawsuit against more than 200 fishermen involved in the July 1997 Prince Rupert, BC, blockade of the AK state ferry can proceed. On Oct. 30, 1997, Canadian Foreign Affairs Minister Lloyd Axworthy and Fisheries Minister David Anderson met with special envoys William Ruckelshaus and David Strangway. On Oct. 31, 1997, BC Premier Glen Clark met with special envoys William Ruckelshaus and David Strangway. On Nov. 3, 1997, Judge Marc Nadon of the Federal Court of Canada ruled that Alaska must give the court proof that fishermen were part of the July 1997 ferry blockade before proceeding with the case. Under this ruling, all but 17 of the 200 fishermen named in Alaska's lawsuit were dropped from the suit. Alaska has until Nov. 10 to inform the court on how it plans to proceed. On Nov. 7, 1997, BC's United Fishermen and Allied Workers announced that it would file a counter suit against AK, accusing AK fishermen of conspiring to steal BC salmon. On Nov. 10, 1997, AK identified additional defendants, through analysis of videotape, in its lawsuit against BC fishermen participating in the July 1997 Prince Rupert blockade of an Alaskan state ferry. Canadian Court Master John Hargrave allowed AK to name additional defendants and left it to the pending trial to decide on the validity of AK efforts to identify them. On Nov. 14, 1997, Canadian Minister of Fisheries and Oceans David Anderson met in Seattle, WA, with the governors of WA, OR, and AK to discuss Pacific salmon issues, {and to review an interim report by both nations' special envoys on this issue. On Nov. 18, 1997, AK officials announced that AK state ferries would resume regular weekly ferry service to Prince Rupert, BC, on Dec. 4, 1997. This action was taken after AK authorities received assurances of safe and unobstructed passage from Canadian and Prince Rupert officials.} [Assoc Press, Reuters, Dow Jones News, Canadian Dept. of Fisheries and Oceans press release] Aquaculture and Aquaria {{Aquarium Groundbreaking. On Nov. 20, 1997, officials held a formal groundbreaking ceremony for a $40 million aquarium being constructed in Newport, KY, across the Ohio River from Cincinnati, OH. The aquarium is scheduled to open in Spring 1999.}} [Assoc Press, Dow Jones News] {Norwegian Salmon. On Nov. 14, 1997, EU Commissioner Hans van den Broek met with Norwegian Foreign Minister Knut Vollebaek and informed him that the European Commission had sent letters of warning to 80 Norwegian salmon farmers who are alleged to have not respected an agreement with the EU under which Norwegian salmon exports were exempted from antidumping duties.} [Agence Europe via Reuters] Chilean Salmon. On Nov. 12, 1997, the U.S. Dept. of Commerce preliminarily ruled that there was insufficient evidence to support the levy of additional duties on imports of Chilean farmed salmon. A final ruling on the petition for countervailing duties is likely to be issued in late March 1998. A preliminary ruling on a companion petition for antidumping duties is expected on Jan. 8, 1998. [Assoc Press, Salmon Trade Alliance press release] Oil Spill Threatens CA Oyster Farms. In early November 1997, about 4,540 gallons of bunker fuel spilled into Humboldt Bay, CA, after a Panamanian general cargo vessel accidently rammed a dock. By Nov. 11, 1997, oil reached local oyster beds, causing oyster farms to cancel the harvest of 2.5 million oysters valued at about $288,000. [Assoc Press] SC Shrimp Virus. In early November 1997, tests confirmed taura syndrome virus at the same SC shrimp farm where white spot syndrome had been found two weeks earlier. [Assoc Press] Shrimp Virus Meeting. On Nov. 3-4, 1997, sixteen international scientists met in Sydney, Australia, to pool their knowledge of shrimp viral diseases and to advance research for diagnosis and prevention of these diseases. [Assoc Press] EDF Aquaculture Report. On Oct. 30, 1997, the Environmental Defense Fund (EDF) released a new 200-page report entitled "Murky Waters: Environmental Effects of Aquaculture in the United States" [http://kingfish.ssp.nmfs.gov/sfa/prorules.html www.edf.org/pubs/Reports/Aquaculture/]. This report details alleged environmental degradation caused by aquaculture and discusses strategies and technologies available to address these concerns. [Assoc Press] Foreign Shrimp Regulation. On Oct. 28, 1997, the SC Dept. of Natural Resources Office of Fisheries Management held a public hearing on proposed regulations to control the importation and possession of foreign shrimp. The regulations respond to concerns over repeated outbreaks of shrimp virus, and would create a shrimp import permit program and a 25-day quarantine for imported shrimp. [Assoc Press] Freshwater Fisheries Zebra Mussel Conference. On Nov. 18-20, 1997, a consortium of federal and state agencies will hold a conference in Kansas City, MO, to consider the risks zebra mussels pose to water supplies and biological communities in western states. [U.S. Fish and Wildlife Service press release] {Bull Trout. On Nov. 17, 1997, the ID Board of Health and Welfare voted 5-1 to approve new water quality standards for bull trout habitat developed by the ID Division of Environmental Quality. However, critics suggest these standards may be rejected by the federal Environmental Protection Agency, since they do not address concerns raised by EPA earlier this year.} {{On Nov. 18-19, 1997, the MT Dept. of Fish, Wildlife and Parks joined with the Confederated Salish and Kootenai Tribes to sponsor a roundtable on bull trout management options for Flathead Lake, where transplanted lake trout threaten the native bull trout population.}} [Assoc Press] Aquatic Nuisance Species Task Force Meeting. The Aquatic Nuisance Species Task Force is scheduled to hold its fall meeting on Nov. 13-14, 1997, in Riverdale, MD, to review and coordinate various regional programs and measures to monitor and control introduced (exotic) species. [personal communication] Yaqui Catfish. On Nov. 13, 1997, about 350 threatened Yaqui catfish were to be reintroduced into the wild in the headwaters of Rio Yaqui, AZ, by the U.S. Fish and Wildlife Service. This native fish has not inhabited AZ waters in more than a century, and is part of an international program to return 8 species of native fish to the Rio Yaqui and replace non-native sport fish with native fish. [Assoc Press] FERC Hearing. The Senate Committee on Energy and Natural Resources' Subcommittee on Water and Power has tentatively scheduled a hearing on Oct. 30, 1997, to review the Federal Energy Regulatory Commission's hydroelectric relicensing procedures. [personal communication] Whirling Disease. On Oct. 29, 1997, the UT Div. of Wildlife Resources head a public meeting to discuss solutions to the containing the spread of whirling disease in UT. Critics have been concerned about alleged slow government response to reports of this disease at private fish farms. [Assoc Press] Lac du Flambeau Chippewa Fishing Rights. On Oct. 28, 1997, the Lac du Flambeau Chippewa voted 116-105 in a special referendum to support a continuation of an April 1997 agreement whereby, in exchange for $100,000 from the state of Wisconsin, the Chippewa established restrictive spearfishing quotas that also provide walleye for non-Indian sport anglers. [Assoc Press] Emergency Brine Shrimp Closure. On Oct. 27, 1997, the Utah Div. of Wildlife Resources ordered an emergency closure of the Great Salt Lake brine shrimp egg harvest, due to threat of overharvesting and the poor commercial quality of brine shrimp eggs. The harvesting season normally runs from Oct. 1 through Jan. 31. About 90% of the brine shrimp eggs are exported to prawn farms in Asia. [Assoc Press] .... End of Part 2/2 eof