U.S. lawmakers, under pressure from fishing communities in the coastal states, say the key stumbling block is a provision in the Magnuson-Stevens Act that classifies the joint U.S.-Canada setting of catch limits as an "understanding" under U.S. law – which imposes a harder cap on the flounder haul by American fishermen than an "international agreement" would. That simple change would allow the U.S. to match Canada's proposed catch of the valuable species, Sen. Olympia Snowe and Rep. Barney Frank argue.
"Earlier this fall, negotiations between the U.S. and Canada broke down over catch limits of yellowtail flounder, leaving our fishermen to face potentially devastating consequences in both the groundfish and scallop industries," Snowe, a Republican senator for Maine, said last month in announcing her initiative to redefine the U.S. rules.
The fish at the centre of the dispute is a so-called "side swimmer," which has both eyes on one side of its head and stays camouflaged close to the seabed.
Snowe's statement acknowledged that Canadian authorities adhere to conservation policies aimed at maintaining healthy flounder populations, but noted that Canada's catch limits "often far exceed those in the United States" because American hands are tied by the country's 1976 fisheries act.
Phil Jenkins, Ottawa-based communications manager with the Fisheries Department, said Canada won't comment on the proposed U.S. legislation, but acknowledged the two countries were unable to reach an agreement this year on allowable catches of yellowtail flounder. "It is true that this year for the first time, it has not been possible as of yet, to reach the normal consensus under this arrangement regarding management plans for all fish stocks, in particular . . . for yellowtail flounder," he told Canwest News Service.