Recent Salmon and Fish news on Feb. 22, 1998

A Coho

The following news summaries were compiled by Gene Buck, Senior Analyst in the Congressional Research Service.

Salmon Along the Pacific Coast
Aquaculture and Aquaria
1. Chilean Salmon.
Freshwater Fisheries
Marine Mammals
1. Observers for AK Salmon Fisheries.
Marine Fisheries

Salmon Along the Pacific Coast

Oregon Coho Salmon Restoration.

On Feb. 17, 1998, NMFS submitted proposals to the Oregon Salmon Restoration Initiative's special advisory committee for amending the OR Forest Practices Act, that would 1) increase restrictions on logging in riparian zones on private lands along coho salmon spawning streams, 2) prohibit logging on non-fish-bearing streams that flow into spawning streams, and 3) impose additional controls on logging areas prone to landslides. The advisory committee is to provide recommendations to the OR Board of Forestry by fall 1998, with the Board acting on the recommendations by June 1999. [Assoc Press]

Hatchery Steelhead Loss.

In mid-February 1998, nearly 80,000 juvenile summer steelhead trout and possibly as many as 250,000 juvenile coho salmon died at OR Dept. of Fish and Wildlife's Salmon River Hatchery, after a pump failed overnight. The steelhead were to be planted in the Siletz River. [Assoc Press]

AK Salmon Marketing Tax.

On Feb. 9, 1998, the AK House voted unanimously to extend a 1% marketing tax on salmon fishermen through 2003. These tax revenues (about $3 million annually) support about 60% of the domestic marketing budget of the AK Seafood Marketing Institute. [Assoc Press, Dow Jones News]

Audit of Salmon Recovery Expenditures.

On Feb. 6, 1998, the Northwest Power Planning Council (NPPC) released an independent auditor's report of Bonneville Power Administration's (BPA's) salmon recovery programs, citing improvements that would better assure the cost-effective use of funds. The report criticizes BPA accounting and contractor supervision. [NPPC press release, Assoc Press]

Salmon Failure Report.

On Feb. 5, 1998, a coalition of 45 environmental and fishing groups, including American Rivers, released the report "Five Years of Failure" discussing how current policy for restoring salmon, particularly downstream transport of juvenile salmon by truck and barge, is perceived to be inadequate and contributing to the destruction of salmon populations. The report recommends lowering reservoirs, spilling fish over dams, limiting fish barging, and providing higher water flows. [American Rivers press release]

Sacramento Delta Lawsuit.

On Feb. 4, 1998, a coalition of environmental and fishing groups filed suit in U.S. District Court, alleging that the Dept. of the Interior's preliminary water plan for CA's Central Valley Project, announced Nov. 20, 1997, provides only half the 800,000 acre-feet increase in water flow ordered by the 1992 Central Valley Project Improvement Act, on the belief that fish could be restored with less water. [Assoc Press]

Proposed FY1999 Federal Budget.

On Feb. 2, 1998, President Clinton released the proposed FY1999 federal budget, including $86 million from the Land and Water Conservation Fund to acquire Elwha and Glines Canyon dams in WA and begin dam removal/ecosystem restoration, a 20% increase for the Forest Service to remove logging roads and restore watersheds, $117 million for the Army Corps of Engineers to barge salmon around hydropower dams and improve fish bypass facilities at Snake and Columbia River dams, $10.3 million in Mitchell Act funding from NMFS for Columbia River hatcheries, and $7.3 million in addition to the current $16 million for NMFS work on salmon restoration.

[Assoc Press]

1998 Alaska Salmon Harvest.

In early February 1998, the AK Dept. of Fish and Game released its preliminary projections of the 1998 AK commercial salmon harvest. The total catch is projected to be about 140 million fish, a 18% increase from the 1997 harvest, with most of the increase accounted for by a projected 40% increase in the pink salmon catch. [Assoc Press]

WA Salmon Recovery Strategy.

On Jan. 28, 1998, WA Governor Gary Locke announced a framework strategy for promoting salmon recovery, with specific details to be developed for presentation to the 1999 State Legislature.

Elements of the strategy include protection and restoration of streamflows, water quality, and riparian areas as well as improved salmon harvest and hatchery management. [Assoc Press]

Coho Salmon Lawsuit.

On Jan. 26, 1998, a coalition of environmental groups filed suit in U.S. District Court against Pacific Lumber Co. (a division of MAXXAM Inc.), alleging that its logging practices in northern CA were contributing to the inevitable extinction of coho salmon. The lawsuit alleges that Pacific Lumber ruined 7,700 acres of coho salmon spawning and rearing habitat in five watersheds. [Reuters, Assoc Press]

Bristol Bay Price-Fixing Lawsuit.

On Jan. 26, 1998, an AK Superior Court judge approved a settlement for a small portion of the billion-dollar lawsuit alleging price fixing in the Bristol Bay sockeye salmon fishery by foreign processors. This partial settlement involved approval of $2.5 million offered to fishermen who did business with 13 small processors. This class action suit involving more than 5,000 fishermen is tentatively scheduled for trial in October 1999.

On Jan. 30, 1998, Judge Peter Michalski denied Icicle Seafoods' petition for dismissal as a defendant from this lawsuit. [Assoc Press]

Juvenile Fish Barging.

On Jan. 23, 1998, the U.S. Army Corps of Engineers, Bonneville Power Administration, and U.S. Bureau of Reclamation submitted a biological assessment to NMFS on dam operations necessary for steelhead trout restoration in the Columbia River drainage, recommending that the number of juvenile salmon and steelhead barged be increased and that spilling water at dams to assist fish passage be terminated. [Assoc Press]

Pacific Salmon Treaty.

BC fishermen were scheduled to meet on Jan. 23, 1998, to consider whether to accept the settlement, which would have the Canadian government pay AK about $1.9 million to fund tourism marketing, including promotion of ferry travel through Prince Rupert, and to cover about half the ferry terminal lease fees in Prince Rupert for 9 years. BC fishermen would not pay any compensation, if they agree to abide by an injunction banning any future ferry blockades and drop nine countersuits, including a C$15 million counterclaim against AK. BC fishermen have two weeks (until Feb. 6, 1998) to reach a decision on the tentative settlement agreement.

On Jan. 28, 1998, attorneys for BC fishermen recommended that these BC fishermen accept the proposed settlement agreement on AK lawsuit relating to the July 1997 AK ferry blockade, with some change in wording on the permanent injunction against further blockades that would protect the right of BC fishermen to conduct legal protests. BC fishermen have tentatively scheduled a conference call on Feb. 2, 1998, to decide their position.

On Jan. 30, 1998, U.S. District Judge John C. Coughenour issued a 9-page ruling that the BC fishermen's $325 million lawsuit against the United States and several Pacific Northwest States was an impermissible attempt to have the judiciary impose a foreign policy decision on the executive branch, that damage claims against the United States were based on provisions that expired years ago, and that claims against states were barred by the 11th Amendment to the Constitution.

On Feb. 5, 1998, officials of a BC fishermens' union announced that most BC fishermen have decided to accept the proposed settlement with AK. However, AK will not drop the lawsuit until it hears from 33 BC fishermen who have not yet indicated their acceptance. AK officials have extended the acceptance deadline several days for the remaining BC fishermen.

On Feb. 5, 1998, the Vancouver Sun reported that Canada's salmon treaty negotiator, Yves Fortier, has submitted his resignation, expressing pessimism that the U.S. government will alter its position in response to the special envoys' report and increasing demands of an upcoming court challenge to Quebec's right to secession.

On Feb. 9, 1998, Canadian Justice Andrew MacKay approved the agreement between AK officials and BC fishermen, ending AK $3 million lawsuit against BC fishermen. [Assoc Press, Reuters, Dow Jones News, Canadian Dept. of Fisheries and Oceans press release]

Aquaculture and Aquaria

Chilean Salmon.

U.S. Dept. of Commerce officials conducted further investigations in Chile between Feb. 2 and Feb. 12, 1998, and a decision on any final duty will be made by late May 1998.

On Feb. 9, 1998, the Chilean government announced that local industry exported $399.9 million in frozen salmon and $214.6 million in fresh salmon during 1997, up 26% and 17% respectively from 1996. [Salmon Trade Alliance press release, Santiago El Mercurio via Foreign Broadcast Information Service]

Freshwater Fisheries

Sport Fish Restoration Hearing.

The House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans has tentatively scheduled a hearing on Mar. 3, 1998, on H.R. 2973, proposing to amend the Federal Aid in Fish Restoration Act. [personal communication]

FY1999 Budget Hearing.

On Feb. 26, 1998, the House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans has tentatively scheduled an oversight hearing on the FY1999 budget requests of the U.S. Fish and Wildlife Service. [personal communication]

Fisheries Database Summit.

On Feb. 9-11, 1998, a National Fresh-water Fisheries Database Summit [http://www.fw.vt.edu/fishex/fishdbmt.html] will convene in San Diego, CA, to address issues regarding the standards and guidelines for developing shared fisheries information systems. [personal communication]

Dept. of the Interior Nomination.

The Senate Committee on Energy and Natural Resources held a hearing on the nomination of Donald J. Barry to be Assistant Secretary of the Interior for Fish and Wildlife on Feb. 4, 1998.

On Feb. 10, 1998, the Senate Committee on Environment and Public Works voted unanimously on approval of the nomination of Donald Barry; and on Feb. 11, 1998, the Senate Committee on Energy and Natural Resources voted unanimously on approval of the nomination. [personal communication]

AK Subsistence Fishing.

On Jan. 23, 1998, U.S. Dept. of Justice attorneys filed papers seeking to transfer the lawsuit from Washington, DC to the 9th U.S. Circuit Court of Appeals, alleged to be more familiar with the issues. On Jan. 27, 1998, the chairman of the AK House's Resources Committee killed a package of legislation proposing to put a state constitution amendment revising AK subsistence law before voters and bring state law into compliance with federal law, when he announced that he would draft his own plan. Apr. 20, 1998 is the deadline for written public comment on the proposed federal regulations on AK subsistence fisheries (62 Fed. Register 66216-66246, Dec.

17, 1997). [Assoc Press, Fed. Register]

Marine Mammals

Observers for AK Salmon Fisheries.

On Feb. 4, 1998, and in response to commenter concerns, NMFS announced that it plans to initiate a 5-year observer program to better monitor incidental takes of marine mammals by nearshore salmon fisheries in Alaska. Eight different gillnet and purse seine fisheries from southeast AK to Bristol Bay will be monitored, with the program likely beginning in the summer of 1999. [Assoc Press, Fed. Register]

Marine Fisheries

FY1999 Budget Hearing.

The House Resources Subcommittee on Fisheries Conservation, Wildlife, and Oceans has tentatively scheduled an oversight hearing for Mar. 18, 1998, on the FY1999 budget requests of NOAA and NMFS.

[personal communication]

Proposed FY1999 Budget.

On Feb. 2, 1998, President Clinton released the proposed FY1999 federal budget, including an increase in funding for NMFS from an estimated $344.5 million in FY1998 (the President's FY1998 budget had proposed $338 million) to a proposed $351.4 million in 1999. Included in the proposal is the collection of $19.8 million in user fees under 31 USC 9701 on commercial fishing vessels to offset NFMS management and enforcement costs.

This fee would not exceed 1% ex-vessel value of the fish harvest. [Assoc Press, FY1999 Budget Appendix]

Pacific Halibut Quota Increased.

On Jan. 29, 1998, the International Pacific Halibut Commission approved a 1998 commercial quota totalling 72 million pounds -- an 11% increase over the 1997 quota of 65 million pounds. The conservative increase resulted from a new halibut population model based on fish age as well as size, which indicated an improved stock condition. [Assoc Press]

Tribal Shellfish Harvesting.

On Jan. 28, 1998, the 9th U.S. Circuit Court of Appeals upheld, by a 3-0 margin, and broadened access to Puget Sound shellfish for 20 WA tribes. The ruling held that the tribes are entitled to share in shellfish taken on public as well as private property and in both shallow and deeper waters.

In addition, the ruling gave tribes some access, although less than a 50% share, to clams grown in commercial beds, limiting the tribal share to half that existing without improvements made by commercial growers. [Assoc Press]