Date: Fri, 18 Apr 1997 12:15:32 -0400
From: Kate Wing <[log in to unmask]>
Alleged NAFTA Violation by BC Hydro. On Apr. 1, 1997, a
coalition of U.S. and Canadian conservation, fishing, and
aboriginal groups announced their intention of filing a complaint
on Apr. 2, 1997, asking that the North American Commission on
Environmental Cooperation (an oversight panel under the North
American Free Trade Agreement) investigate allegations that
Canada has failed to enforce federal regulations on BC Hydro to
benefit salmon and other fish. The coalition claims that, while
U.S. power producers have been forced to alter operations to
protect salmon, Canadian dam operation has not been similarly
modified to benefit salmon. Groups in the coalition include the
Aboriginal Fisheries Commission of British Columbia, the British
Columbia Wildlife Federation, the Columbia River Inter-Tribal
Fisheries Commission, the Sierra Club, the Pacific Coast
Federation of Fishermen's Associations, and Trout Unlimited's
Spokane, WA Chapter. Specific concerns relate to how BC Hydro
stores and releases water -- critics contend that BC Hydro spills
water at times when it should be stored for fish rearing and
stores water when it should be released to assist salmon
migration. [Assoc Press, Dow Jones News]
1995 Biological Opinion Lawsuit. On Mar. 31, 1997, Judge
Malcolm Marsh questioned attorneys at a hearing in U.S. District
Court in Portland, OR, on the 1995 lawsuit by American Rivers,
the Sierra Club, and 8 other groups against NMFS challenging
implementation of NMFS's 1995 biological opinion on operation of
the Columbia and Snake River hydropower system. The groups are
seeking to have Judge Marsh order the drawdown of reservoirs
closer to the natural pre-dam state of the river to assist
juvenile salmon migration. On Apr. 3, 1997, Judge Marsh issued
a 33-page opinion upholding NMFS' biological opinion and ruling
that the federal salmon recovery plan was legal, and that he
could not interfere with the professional judgment of NMFS. [NW
Fishletter No. 30, Assoc Press]
Idaho's 1997 Salmon Plan. On Mar. 27, 1997, ID Governor Phil
Batt released the state's 1997 strategy for salmon management,
relying on heavy spring runoff to carry most juvenile salmon
downstream and minimizing the use of barges. When the flow is at
least 100,000 cubic feet per second at Lower Granite Dam, the
strategy recommends that only one-third of the juveniles be
barged. The strategy recommends against using reservoir water
from the Clearwater River Basin or from the Snake River above
Hell's Canyon to benefit fall chinook salmon. [Assoc Press]
WA Salmon Report. On Mar. 27, 1997, the WA Dept. of Fish and
Wildlife released a draft report on restoration of wild salmon.
The report recommended a separate management of wild and hatchery
salmon, adoption and enforcement of regulations to better control
catastrophic floods that damage spawning areas, enforcement of
laws requiring proper culverts and other potential obstacles to
salmon migration, and giving escapement for spawning priority
over harvest. Ten public hearings are scheduled to be conducted
on the draft during April and May, with a revised version of the
draft to be acted upon by the WA Fish and Wildlife Commission.
[Assoc Press]
Dam Operation Lawsuits. On Mar. 26, 1997, the Columbia River
Alliance (representing electric utilities, barge operators, and
irrigators) filed a notice of intent to sue NMFS, the Army Corps
of Engineers, the Bureau of Reclamation, and Bonneville Power
Administration over equitable consideration for the economic
aspects of irrigation and dam operations. [Assoc Press]
Umpqua River Cutthroat Trout. By Mar. 25, 1997, NMFS was
scheduled to release an opinion on whether construction of the
$43 million Milltown Hill Dam, on Elk Creek near Yoncalla, OR,
could harm the endangered Umpqua River cutthroat trout. The dam
would block fish migration as well as destroy as much as 18 miles
of stream habitat for trout and salmon. In early April 1997,
NMFS released a draft biological assessment concluding that, if
built, the Milltown Hill Dam would jeopardize the survival of
endangered Umpqua River searun cutthroat trout by blocking fish
migration to spawning areas and by releasing toxic mercury from
an old mine. After review, a final biological assessment is
scheduled to be issued by May 10, 1997. [Assoc Press]
Aquaculture and Aquaria
{FL AQUARIUM CUTS. ON APR. 14, 1997, THE PRESIDENT OF THE FL
AQUARIUM (TAMPA, FL) ANNOUNCED THE ELIMINATION OF FOUR TOP
MANAGERS, INCLUDING HIMSELF, TO SAVE $260,000 IN AN EFFORT TO
FURTHER REDUCE OPERATING COSTS. A NEW GENERAL MANAGER WILL
OVERSEE OPERATIONS.} [REUTERS]
Norwegian Salmon Anti-Dumping. On Apr. 14, 1997, the European
Union's Anti-Dumping Committee {met in Brussels} to continue
consideration of a 13.7% anti-dumping duty proposed by the
European Commission for farmed Norwegian salmon. After
investigation, the Commission concluded that Norwegian salmon had
been sold below production costs and had received unlawful
subsidies, causing injury to EU producers. [Agence Europe via
Reuters]
{AK Shellfish Case. On Apr. 11, 1997, the AK Supreme Court
unanimously held that the AK Dept. of Natural Resources (DNR)
had failed to identify discrete zones where shellfish farming
could occur in Southcentral and Southeast AK, and acted only on
the basis of administrative efficiency. A group of fishermen and
other marine users filed suit after the DNR designated all waters
of Southcentral and Southeast AK as districts where shellfish
farms could be started, contending that certain regions should
not be open for shellfish farms. The Court rejected claims that
the state's permitting regulations were flawed.} [Assoc Press]
BC Salmon Farmers' Report. On Apr. 9, 1997, the British
Columbia Salmon Farmers Association released a draft
comprehensive review of salmon farming and called on the BC
government to lift the moratorium on new salmon farms, since the
draft was reported to have concluded that salmon farms don't
endanger wild salmon stocks. The final report is due in June
1997. [Assoc Press]
Gulf of Maine Aquarium. On Apr. 2, 1997, plans are reportedly
scheduled to be announced to the effect that the $42 million Gulf
of Maine Aquarium will be constructed at the site of the U.S.
Naval Reserve Pier in Portland, ME. [Assoc Press]
Chinese Crawfish Antidumping Decision. On Mar. 20, 1997, the
U.S. Dept. of Commerce preliminarily ruled that Chinese
crawfish tails are being illegally dumped on the U.S. market for
less than their fair market value.
A preliminary tariff adjustment of as much as 80% to 200% to
raise the price of imported crawfish on the U.S. market would
remain in effect until a final determination is issued on June 2,
1997. Chinese crawfish may account for 70% to 80% of the product
on the U.S. market. [Assoc Press]
Freshwater Fisheries
{LAKE SUPERIOR COMMERCIAL FISHING BUYOUT. ON APR. 17, 1997, THE
WI LEGISLATURE'S JOINT COMMITTEE ON ADMINISTRATIVE RULES HELD A
HEARING TO RECEIVE TESTIMONY ON FUNDING FOR A 10-YEAR, $1.5
MILLION PLAN TO COMPENSATE 11 FISHERMEN FOR DISCONTINUING
COMMERCIAL FISHING IN LAKE SUPERIOR. THE STATE HAS CONTRACTED
WITH THE FISHERMEN FOR RETIREMENT, BUT THESE AGREEMENTS WOULD
TERMINATE IF NO FUNDS FOR COMPENSATION ARE AVAILABLE.} [ASSOC
PRESS]
Constitutional Right to Fish. On Apr. 9, 1997, the Colorado
state Senate's Committee on Agriculture, Natural Resources, and
Energy Committee approved SCR001 for consideration by the full
Senate. If approved by the legislature, this measure would place
a voter referendum on the Nov. 1998 statewide ballot asking if
hunting and fishing should be constitutionally protected rights.
[Assoc Press]
{ALABAMA STURGEON. ON APR. 8, 1997, THE FIRST ALABAMA STURGEON
WAS CAUGHT IN THE ALABAMA RIVER FOR USE IN A $400,000 COOPERATIVE
STATE-FEDERAL CAPTIVE BREEDING PROGRAM TO RECOVER THE SPECIES.}
[ASSOC PRESS]
Fishing Access. On Apr. 4, 1997, the Madison County (MT) Board
of Commissioners held a two-hour hearing and unanimously voted to
repeal a September 1995 ordinance prohibiting landowners from
constructing fences designed to hinder fisherman access on county
rights-of-way easements near bridges. After the ordinance was
originally enacted, five landowners filed suit against the
County, claiming the ordinance condemned a portion of their
property without providing compensation. These landowners said
they would drop their lawsuit if the ordinance was repealed.
[Assoc Press]
Chippewa Treaty Fishing. On Apr. 2, 1997, the MN Dept. of
Natural Resources held the first of 7 public information meetings
scheduled to explain Treaty fishing rights before the 8 Chippewa
bands begin spearfishing and gillnetting on Lake Mille Lacs and
28 other central MN lakes. On Apr. 7, 1997, MN Governor Arne
Carlson gave a statewide televised address during evening news
broadcasts to stress the importance of avoiding tension and
preventing violence in implementing treaty fishing rights. Both
the MN House and Senate have approved spending $6.5 million to
help with Treaty enforcement, but differ on from what account
these funds are to be taken. On Apr. 9, 1997, the 8th U.S.
Circuit Court of Appeals ordered a stay on the exercise of Treaty
fishing rights by 8 Chippewa bands in east-central MN until the
Court had the opportunity to rule on the state of MN's appeal.
Arguments on the appeal are scheduled for June 1997. [Assoc
Press]
Fishing Access Purchase. On Mar. 31, 1997, NY Governor George
Pataki announced that NY will purchase $1 million worth of public
fishing access rights during the next fiscal year. The purchase
would be funded by money approved by voters in the 1996 Clean
Water-Clean Air Bond Act. [Assoc Press]
Barton Springs Salamander Protection. On Mar. 26, 1997, U.S.
District Judge Lucius Bunton ruled that Interior Secretary
Babbitt violated the Endangered Species Act in 1996 when he
withdrew the proposed listing of Texas' Barton Springs salamander
after state agencies agreed with the U.S. Fish and Wildlife
Service on a cooperative conservation plan for the species.
[Assoc Press]
Bull Trout. On Mar. 25, 1997, 2 MT conservation groups asked
U.S. District Judge Robert Jones to order the Fish and Wildlife
Service to immediately list bull trout as a threatened or
endangered species. On Apr. 7, 1997, the U.S. Fish and
Wildlife Service filed a brief informing Judge Jones that it will
propose listing Klamath River and Columbia River bull trout
populations as endangered or threatened species. [Assoc Press,
NW Fishletter No. 30]
Eurasian Ruffe Symposium. On Mar. 21, 1997, the National Sea
Grant College Program is sponsoring an international symposium in
Ann Arbor, MI, on eurasian ruffe, an unintentionally introduced
species in the Great Lakes. [Sea Grant press release]
Marine Mammals
Polar Bear Hearing. The House Resources Committee has
tentatively scheduled a hearing for Apr. 30, 1997, on H.J.Res.
59, a joint resolution to disapprove a rule affecting polar bear
trophies from Canada issued by the U.S. Fish and Wildlife
Service. [personal communication]
Dolphin Interaction. On Apr. 10, 1997, Sea World of Florida
began a Dolphin Interaction Program, wherein eight participants
pay for a day of education about and interaction with dolphins.
[Sea World of Florida press release]
Tuna-Dolphin Legislation. On Apr. 9, 1997, the House Resources
Subcommittee on Fisheries Conservation, Wildlife, and Oceans held
a hearing on H.R. 408, amendments to the Marine Mammal
Protection Act to support the International Dolphin Conservation
Program. {On Apr. 10, 1997, the House Resources Subcommittee on
Fisheries Conservation, Wildlife, and Oceans marked-up H.R. 408
and approved this measure for consideration by the full
Committee. On Apr. 16 1997, the House Resources Committee
marked-up H.R. 408 and ordered the bill reported. The Senate
Commerce Subcommittee on Oceans and Fisheries postponed a hearing
on S. 39, amendments to the Marine Mammal Protection Act relating
to the International Dolphin Conservation Program, scheduled for
Apr. 17, 1997.} [personal communication, Congressional Record]
Mexican Whale and Dolphin Emergency. On Apr. 7, 1997, Mexican
environmental authorities reported that 162 dolphins found dead
on Gulf of California beaches earlier this year probably had been
killed by red tide toxins, discounting earlier reports that a
toxic spill or cyanide chemicals used by drug traffickers had
caused these deaths. [Assoc Press]
Atlantic Large Whale Protection. On Apr. 7, 1997, NMFS
published a proposed take reduction plan and implementing
regulations for northern right whales, humpback whales, fin
whales, and minke whales in the Federal Register that would
restrict fishing times in whale habitat off New England and the
mid-Atlantic in Cape Cod Bay, the Great South Channel, and
several other areas. In addition, fishing gear modification
would be required to allow whales to break free of gear in case
of incidental entanglement, and response and assistance for
entangled whales would be improved. Maine officials contend the
required gear modification will cost the lobster industry between
$40 million and $70 million. Public comments will be received
until May 15, 1997. [Assoc Press, Federal Register]
Whaling Protester. On Apr. 3, 1997, Dutch police arrested Paul
Watson on a Norwegian warrant issued by Interpol. Watson was
convicted in absentia in May 1994 for participating in sinking a
Norwegian whaling vessel. Watson is being held by Dutch
authorities while a Dutch court decides whether to extradite him
to Norway. [Assoc Press]
Canadian Sealing. On Mar. 29, 1997, the International Fund for
Animal Welfare released a video claiming to show illegal hunting
of young, whitecoat seals by sealers in the Gulf of St. Lawrence
in mid-March 1997. Federal authorities reported that some
white-looking seals can be older and technically not the younger,
whitecoat seals. [Assoc Press]
West Coast Pinniped Draft Report. On Mar. 27, 1997, NMFS
released a 17-page draft report to Congress on west coast
pinnipeds (seals and sea lions). The report recommends, under
certain situations, killing some particularly voracious Pacific
harbor seals and California sea lions to protect endangered
salmon. In addition, the report suggests that fishermen be
allowed to kill sea lions and seals as a last resort to protect
gear and catch. West coast seal and sea lion populations are
reported to consume 217,000 metric tons of fish and shellfish
annually. [Assoc Press]
NZ Sea Lion Protection. On Mar. 25, 1997, New Zealand officials
closed a squid fishery in the Southern Ocean for the remainder of
1997 to protect a population of Hooker's sea lions. In balancing
economic interests against ecological damage, fishing industry
representatives claimed early closure of the fishery would result
in a $13.9 million loss in export income to protect the rare sea
lions after an estimated 100 animals were drowned in squid nets.
[Reuters]
Japanese Coastal Whaling. On Mar. 19-21, 1997, an international
workshop convened in Sendai, Japan, to consider Japan's request
to the International Whaling Commission (IWC) for permission to
conduct a limited coastal hunt to kill 50 minke whales.
Recommendations from the workshop will be presented at the annual
IWC meeting in October 1997 in Monaco. [Dow Jones News]
Items in this summary are excerpted from a variety of information
sources. The Congressional Research Service (CRS) is not
responsible for the accuracy of the various news items. For
additional information on items in this summary or their sources,
congressional staff may call Gene Buck (CRS-ENR) at 7-7262 or
send a fax to 7-7289. This summary is available daily or weekly
(each Friday) via e-mail to congressional staff; requests from
congressional staff to be added to the daily or weekly
distribution lists may be sent to "[log in to unmask]".
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