fishing operations. The Court denied the request of the 

 National Marine Fisheries Service and the Federation for a stay 

 pending appeal. However, the injunction was withheld for 20 

 days to allow the parties time to request a stay from the 

 Court of Appeals. 



On 10 July 1987, the Federation requested a stay of the 

 injunction from the U.S. Court of Appeals for the District of 

 Columbia Circuit. The National Marine Fisheries Service 

 moved for expedited review and a stay on 13 July 1987, the same 

 day that the District Court's preliminary injunction took 

 effect. Both motions were denied on 16 July 1987. The Fede- 

 ration terminated its operations within the U.S. Fishery 

 Conservation Zone on 12 July 1987. 



Oral argument was held on the Federation's and the Ser- 

 vice's appeals of the District Court injunction on 2 November 

 1987. Those appeals are limited to one of the issues raised 

 in the three lawsuits — whether a permit may be issued for 

 one species when it is known that other species also will be 

 taken. The other issues raised in the District Court litigation 

 (inadequacy of the Environmental Impact Statement, insufficient 

 scientific evidence to support the decision, ex parte communi- 

 cations, failure to establish an ecosystem protection zone, 

 insufficient observer coverage, and failure to include fur 

 seals in the permit) were being briefed at the end of 1987. 

 If the litigation is not resolved in its favor before the 

 1988 fishing season begins, the Federation will be barred 

 from conducting operations within the U.S. Fishery Conservation 

 Zone. 



Administrative Review and Research 



In its 9 January 1987 reply brief to the Administrative 

 Law Judge, the Commission made numerous recommendations con- 

 cerning the research and monitoring conditions that should be 

 included in the permit. Most of these recommendations were 

 adopted by the Administrative Law Judge in his recommended 

 decision, accepted by the Under Secretary in his final decision, 

 and incorporated into the permit. The conditions included in 

 the permit are as follows: the costs of U.S. observers must 

 be borne by the Federation or the Government of Japan; U.S. 

 observers must be accommodated by the Japanese land-based 

 salmon and high seas squid gill net fleets; a report must be 

 furnished before 9 June 1988 as to the extent of the Japanese 

 high seas salmon gill net fishery before 1952; the quotas 

 must be reduced in proportion to decreases in Japan's salmon 

 quota set by the Soviet Union; randomness of observer placement 

 must be ensured; fur seals taken should be identified by 

 stock; observers should report lost and discarded nets and 

 plastic debris; research should be conducted on stock discrete- 

 ness; population assessment techniques must be refined; reliable 



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