ARTICLE: PRIVATE OCEAN RANCHING OF PACIFIC SALMON AND FISHERY MANAGEMENT: A PROBLEM OF FEDERALISM. Skip over navigation
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Copyright (c) 1981 Lewis & Clark Law School
Environmental Law

ARTICLE: PRIVATE OCEAN RANCHING OF PACIFIC SALMON AND FISHERY MANAGEMENT: A PROBLEM OF FEDERALISM.

FALL, 1981

12 Envtl. L. 81

Author

By EMIL R. BERG *

Excerpt

I. INTRODUCTION

Private for-profit ocean ranching of Pacific salmon has developed in Oregon since 1971. The industry involves release and recapture of fish from private hatcheries in ocean waters. 1 Its expansion into other states is proposed. However, private salmon ranching is controversial, both because of its unknown ecological effects and because of its anticipated socio-economic effects.

Resulting legal problems transcend state and national boundaries and are not amenable to resolution by states acting separately. Federal controls over ocean ranching would be proper as a matter of constitutional law. Application of such controls would be consistent with the purposes and standards of the Magnuson Fishery Conservation and Management Act (FCMA), 2 among other legislation.

However, the FCMA does not provide comprehensive control over or define a policy toward ocean ranching, nor does any other federal law. Thus, control over and policy toward private ocean ranching of Pacific salmon is left to individual states. This situation reflects a significant problem of federalism -- the balancing of state and federal authority in the field of fishery and management. Indeed, the problem is characteristic of many issues of marine resources management.

This Article will discuss that problem by first describing the development of ocean ranching in Oregon and that state's laws. The controversies surrounding private for-profit salmon ranching will then be summarized, as will the industry's future prospects. The inadequacies of state-by-state regulation of private salmon ranching will be discussed. Following that will be a discussion of the extent to which ...
 
 
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