From FISH1IFR@aol.com Thu Nov 15 17:58:28 2001 Received: from imo-d09.mx.aol.com (imo-d09.mx.aol.com [205.188.157.41]) by straylight.primelogic.com (8.11.6/8.11.1) with ESMTP id fAG1wR068944 for ; Thu, 15 Nov 2001 17:58:28 -0800 (PST) (envelope-from FISH1IFR@aol.com) Received: from FISH1IFR@aol.com by imo-d09.mx.aol.com (mail_out_v31_r1.9.) id e.ac.1ddf63dd (4362) for ; Thu, 15 Nov 2001 20:54:02 -0500 (EST) Message-ID: Date: Thu, 15 Nov 2001 20:54:02 EST To: fishlink@straylight.primelogic.com MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="part1_ac.1ddf63dd.2925cbba_boundary" X-Mailer: AOL 6.0 for Windows US sub 10536 From: fishlink-admin@straylight.primelogic.com Subject: [Fishlink] ~~>FISHLINK SUBLEGALS 11/9/01<~~ Sender: fishlink-admin@straylight.primelogic.com Errors-To: fishlink-admin@straylight.primelogic.com X-BeenThere: fishlink@straylight.primelogic.com X-Mailman-Version: 2.0.6 Precedence: bulk Reply-To: bit-bucket@straylight.primelogic.com X-Reply-To: fishlink@straylight.primelogic.com List-Help: List-Post: List-Subscribe: , List-Id: Fishlink is a joint fisheries information news service of Pacific Coast Federation of Fishermen's Associations (PCFFA) and the Institute for Fisheries Resources (IFR). List-Unsubscribe: , List-Archive: --part1_ac.1ddf63dd.2925cbba_boundary Content-Type: text/plain; charset="US-ASCII" Content-Transfer-Encoding: 7bit ########################################################## ~~>FISHLINK SUBLEGALS 11/9/01<~~ ########################################################## A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS VOL. 4, NO. 19 9 NOVEMBER 2001 ########################################################## IN THIS ISSUE....... CENTRAL CALIFORNIA DUNGENESS CRAB SEASON SET TO OPEN THE 15TH. 4:19/01. RESOURCES COMMITTEE PASSES CALVERT CALFED BILL. 4:19/03. NMFS REFUSES TO APPEAL OREGON COHO SALMON DELISTING. 4:19/05. NEW KLAMATH STUDY BREAKS NEW GROUND. 4:19/06 CONGRESS GIVES STATES $110 MILLION TOWARD PACIFIC SALMON RECOVERY. 4:19/08. AND MORE....... ######################################################### 4:19/01. CENTRAL CALIFORNIA DUNGENESS CRAB SEASON SET TO OPEN THE 15TH, QUALITY TEST POSITIVE FOR NORTH COAST: California's central coast (Sonoma County south) Dungeness Crab fishery is set to open 15 November, providing market orders for an ex-vessel price are signed and the weather cooperates. San Francisco's Crab Boat Owners Association had made an initial offer to processors for $2.50 per pound, and other marketing associations were expected to make similar offers. Although a small fishery in terms of total production to the rest of the coast, it is the first Dungeness opening along the Pacific and supplies the Thanksgiving holiday market for the San Francisco Bay Area and surrounding region. The quality testing of Dungeness for the state's north coast was conducted earlier this month by the Pacific States Marine Fisheries Commission (PSMFC) to determine the condition of the crab and whether the season should begin 1 December or be delayed to give them further time to fill out (see Sublegals, 4:17/02). The test was done pursuant to an agreement between the PSMFC and the Humboldt Fishermen's Marketing Association with six locations selected from Pelican Bay in the north to the Eel River canyon in the south. The traps were soaked approximately 23 hours (1-2 November) and the crabs were processed after landing on the 2nd. Before the quality test, six crabs were removed from each sample for testing for domoic acid by the California Department of Health Services. A total of 387 crabs were used for the sample with a recovery percentage of 27.3 percent. For more information, contact Al Didier at: al_Didier@psmfc.org. In other related crab news, the voters of San Francisco approved a ballot initiative (Measure D) on 6 November requiring voter approval for any project that would add fill in excess of 100 acres in San Francisco Bay. This was seen as a victory for the crab fishery since San Francisco Bay historically was the largest nursery area for Dungeness crab along the Pacific Coast, and bay fill, along with pollution and the loss of fresh water inflows, has been identified as a major factor in the decline of crab in this area since the mid-1950's. For more information on the election, go to: http://www.cp-dr.com. On the same day San Francisco voters went to the polls, however, the U.S. House of Representatives' Resources Committee approved H.R. 3208, a bill that would further diminish fresh water inflows into the Bay, critical to the maintenance of a healthy estuary (see 4:19/03 below). 4:19/02. COAST GUARD SEARCH AND RESCUE OPERATIONS IMPAIRED BY TERROR THREAT: The U.S. Coast Guard is asking the fishing fleet to take extra care this winter in their fishing operations. The reason is the agency is spread extremely thin right now patrolling the coast and U.S. waterways as part of the heightened security following the 11 September terrorist attacks. Much of the Coast Guard's personnel and equipment have been diverted to the "homeland security" efforts, leaving fewer people and vessels/aircraft for fishery enforcement and search and rescue operations. The Coast Guard has also said there will be increased surveillance of vessels, including fishing boats, and it is calling on the fishing fleet to help act as "eyes and ears" on the water. Specifically it is asking fishermen to report any suspicious vessels or activities by calling 911 on cell phones or notifying the Coast Guard itself on VHF Channel 16. 4:19/03: RESOURCES COMMITTEE PASSES CALVERT CALFED BILL ALLOWING MASSIVE FRESH WATER DIVERSIONS FROM CALIFORNIA RIVERS, SAN FRANCISCO BAY: On 7 November, the U.S. House of Representatives Resources Committee approved on a 24-18 vote a measure by California Congressman Ken Calvert (R-Riverside) to fund several major new California water storage projects at an estimated cost of at least $3 billion over seven years. Calvert's bill, called the Western Water Enhancement Security Act (HR 3208), would reauthorize the federal-state CALFED program, originally created to restore the Bay-Delta ecosystem and better manage the water flowing through this system that supplies much of the state's irrigated agriculture and some 15 million residents. H.R. 3208 is a substitute bill for an earlier one by a Southern California representative, HR. 1905 (see Sublegals, 4:15/05; 4:12/08; 4:11/05). A chief concern of the environmental, fishing and taxpayers coalition opposing the Calvert bill is it's extreme deviance from the CALFED Record of Decision, or ROD, approved by many state and federal agencies over a year ago. The Record of Decision was opposed by PCFFA because it would have increased diversions, severely impacting salmon as well as herring, oyster and crab resources. Calvert's bill, however, goes even further than the ROD, essentially guaranteeing water for certain corporate agribusiness operations at the expense of fish resources, the environment and even some sectors of the farming community. Specific concerns with the Calvert bill include: * Creation of a highly unusual fast-track authorization process for water development projects in 17 western states. While vaguely worded, the bill eliminates Congressional oversight for any water development project for which funds were ever appropriated for any type of construction or land, easement or rights-of-way acquisition before FY 2003. Thus, changes or expansions or even entirely new projects throughout the west may entirely avoid review if federal funds have been previously appropriated, even if the project itself has never been authorized or reviewed. This provision potentially establishes a massive new pork barrel reclamation program reaching far beyond CALFED. * Elimination of CALFED's requirement that water project beneficiaries pay for the economic benefits they receive from new water development. This will continue the discredited policy of providing massive federal water subsidies that encourage inefficient uses of water and environmental damage. * Establishment of numerous barriers to the ecological restoration program such as limitations on spending for land acquisition (even though the CALFED plan already limits purchases to those from willing sellers only), redirection of water intended for fisheries recovery to instead maximize water supply benefits, and revision of the ecosystem program to address "local social and economic" goals. The water supply program is under no similar requirement to meet such goals. * Addition of a new requirement, not contained in the Endangered Species Act (ESA), that agency Biological Opinions (BiOps) must be subject to independent "peer review" before taking effect. This will substantially delay and impair the ability of fisheries agencies to protect species on the brink of extinction. H.R. 3208 contains no similar "peer review" requirement for the Bureau of Reclamation's (BOR) decisions regarding water development projects. * Establishment of unprecedented water delivery guarantees to San Joaquin Valley agribusinesses that would trump the needs of other, more senior, water rights holders as well as the environment. The University of California has testified that this provision would establish subsidies in the Westlands Water District alone of between $1 and $2 million per farmer. * Establishment of a massive new, but undefined, agency, the "Water Security Board," with sweeping decision-making authority. The agency would be empowered to alter aspects of the CALFED plan and would have considerable authority over the mandates of existing agencies. H.R. 3208 is expected to be taken up by the full House of Representatives sometime before the December Congressional break. For more information, go to: http://briefcase.yahoo.com/ewcpacket. 4:19/04. CORRECTION ON CALFED FUNDING: The article appearing in the last issue of Sublegals (4:18/01) was incorrect in that it said the $30 million in federal funding that had been approved by Congress was for CALFED. In fact, the appropriations was for various units of the federal Central Valley Project (CVP), including implementation of the Central Valley Project Improvement Act (CVPIA), not for CALFED. Some of the CVP actions funded for water supply were found by Congress to be "activities that support the goals of the California Bay Delta Ecosystem Restoration Program." The law is clear on this. The money appropriated didn't go to CALFED; there is no Congressional authorization for CALFED. 4:19/05. NMFS REFUSES TO APPEAL OREGON COHO SALMON DELISTING, INTERVENTION MOTION STILL PENDING: On 9 November, the U.S. National Marine Fisheries Service (NMFS) announced that it will not appeal U.S. Federal District Judge Michael Hogan's decision in Alsea Valley Alliance v. NMFS that stripped Oregon coastal coho of protections under the federal Endangered Species Act (ESA). Hogan's ruling called NMFS's failure to also list certain hatchery stocks, once it included those in its designated genetic conservation unit ('evolutionarily significant unit' or 'ESU'), arbitrary and capricious. Under NMFS current policy, hatchery fish can be included in the ESU when they are genetically similar to wild fish, but can then be excluded from full ESA listing protection (see Sublegals 4:11/02). Instead of appealing Judge Hogan's decision, however, and faced with landowner petitions for the delisting of nearly every listed salmonid on the west coast based on that ruling, NMFS decided to undertake a complete review of its policy with regard to ESA classification of hatchery fish under the ESA. Planned hearings will begin in February of 2002 running for a period of 60 days, with a projected decision date in September 2002. NMFS then plans a status review of all listings that might be affected by any changes in the policy. At that time NMFS may then propose relisting of the Central Oregon coho at least two years down the road, leaving them unprotected in the interim. For more information on the policy review and decision not to appeal see: http://www.nwr.noaa.gov/occd/occd.html. During the interim period during which no ESA protection for Oregon central coast coho exists, however, a number of federal actions, including many timber sales already identified by NMFS as seriously damaging to coho salmon, will now likely proceed. Thus lack of ESA protection may mean that federal actions may undo the coho conservation measures now being implemented under the Oregon Plan by private landowners and the State of Oregon. A group of fishing and conservation organizations concerned about this problem (including PCFFA) has petitioned the Court for permission to intervene in the coho delisting case for purposes of a separate appeal and stay pending appeal. Their initial request for a stay was rejected 30 October by Judge Hogan (see Sublegals 4:18/02), but he delayed ruling on their request for intervention to see whether NMFS would appeal, with a ruling on intervention now expected around 15 November. In the meantime, the interveners have lodged an appeal that would be retroactively activated by a favorable ruling. For more information on the intervention action, contact Earthjustice Legal Defense Fund, Patti Goldman, (206) 343-7340. 4:19/06. NEW KLAMATH STUDY BREAKS NEW GROUND, OUTLINES SOLUTIONS: The 9 November issue of the Eureka Times-Standard carries a story on a new independent economics study of the Upper Klamath Basin by ECONorthwest, the Northwest's oldest and largest group of natural resource economists. The study, "Coping with Competition for Water: Irrigation, Economic Growth, and the Ecosystem in the Upper Klamath Basin," demonstrates that even well prior to the 2001 drought (and resulting water crisis in the Klamath Irrigation Project), commercial farming in the Klamath Basin had largely become unprofitable due to 20 years of pressure from global market forces and the widespread use of extremely wasteful water practices, such as flood irrigation. In 1997, for instance (a good water year), for all Klamath County farms that exceeded more than $10,000 in agricultural sales, the report found that more than one-third experienced an overall economic loss, and that total farm income averaged only $34/acre (see Table 3 of the report). This is in comparison to drought disaster relief payments (from the $20 million already allocated by Congress), which are expected to average between $125 -130/acre depending on total enrollment in the program. Some of the recommendations on how to achieve a more sustainable distribution of water in the Klamath Basin include: considerably better water conservation; harnessing market forces to promote conversion away from the basin's current reliance on high water use, low valued crops to low water use, high valued crops, and; reducing inefficient and wasteful water distribution practices throughout the Upper Klamath Basin. The report was initiated by the Klamath Basin Ecosystem Foundation, a nonprofit organization, spun- off from the Klamath Upper Basin Working Group, through outside grant funding. The Times-Standard article is at: http://www.times-standard.com in the archives (search word 'Klamath'). The full report is available in PDF format on the Internet at: http://www.salmonandeconomy.org/pdf/KlamathWater.pdf. 4:09/07. SALMON 'EQUITABLE TREATMENT' SUIT FILED IN COLUMBIA RIVER: On 5 November, a coalition of fishing and conservation groups sued the Bonneville Power Administration (BPA) and the U.S. Department of Energy, seeking to enforce the requirement of 'equitable treatment' of salmon compared to other purposes of the Columbia River hydropower system, as required in the Northwest Power Act at 16 U.S.C. 839b(h)(11)A(i). In Northwest Environmental Defense Center v. BPA, 117 F.3d 1520, 1532 (9th Cir. 1997), the U.S. Ninth Circuit Court of Appeals ruled that this provision is a substantive "equitable treatment" mandate which requires BPA to "place fish and wildlife concerns on an equal footing with power production." This summer, however, BPA repeatedly sacrificed salmon production in the Columbia River to meet its financial commitments, ignoring many alternatives by which it could achieve both (see Sublegals, 4:15/04). As a result, BPA caused record juvenile salmon losses throughout the Columbia Basin, which means that adult returns of ESA listed fish in 3 to 4 years may hit record lows. In particular, the suit challenges the current Biological Opinion (BiOp) which allows BPA to ignore salmon protections whenever it declares, in its sole discretion, an undefined 'power emergency,' a loophole it used throughout the summer of 2001 not so much to produce more power as much as to meet its financial projections. For more information on the action contact: Earthjustice Legal Defense Fund, Steve Mashuda, (206) 343-7340. 4:19/08. CONGRESS GIVES STATES $110 MILLION TOWARD PACIFIC SALMON RECOVERY: The U.S. Congress has appropriated a total of $115 million within Title II of the Commerce, Justice, State, Judiciary and Related Agencies appropriations bill (H.R. 2500) to go toward state salmon recovery efforts pursuant to the Pacific Coastal Salmon Recovery Initiative, originally proposed by the Governor's of Alaska, Washington, Oregon and California. The division reported is: Alaska - $27 million; Washington - $34 million; Oregon - $17 million, and California - $17 million. Another $15 million is earmarked for the region's many Indian Tribes, split between inland and coastal Tribes. Each state has its own approach for spending salmon restoration money to best effect, with the Oregon Plan for Salmon & Watersheds in Oregon, a developing salmon recovery effort in Washington State, and a Memorandum of Agreement in California among various agencies on how to best spend the money but no organized California plan. Congressman Mike Thompson's (D-CA) Pacific Salmon Recovery Act (H.R. 1157), passing the House 13 June by 418-6, calls for $200 million/year for similar purposes, and includes Idaho (which has problems with Columbia Basin salmon listings) as well as the four coastal states. H.R. 1157 is now in the Senate Committee on Commerce, Science & Transportation, but no action on this bill is expected until next year. In addition, the Congressional Conference Committee for the Commerce Department appropriations bill reportedly signed off on a $45.42 million appropriation to fund Pacific Salmon Treaty obligations, including $20 million each for the Northern and Southern Panels, and an additional $5.42 million to continue the process of buying out excess Washington State salmon vessel permits. More than half of Washington state's salmon gillnet permits have already been retired, and more retirements are designated under the Treaty to take fishing pressure off weak stocks. The funded amount is more than provided last year, and consistent with U.S. Pacific Salmon Treaty obligations and commitments. For more information on the bills, go to: http://thomas.loc.gov. 4:19/09. PANETTA TO ADDRESS FISH EXPO ON FRIDAY, THE 16TH: Former California Congressman, Director of the Office of Management & Budget, White House Chief of Staff, and now chair of the Pew Oceans Commission, Leon Panetta, will give the keynote address for this year's FISH EXPO in Seattle (see Sublegals, 4:16/02). FISH EXPO, being held at the Seattle State Convention & Trade Center, is North America's largest commercial fishing exposition - a combination of trade show and seminars. Panetta's speech will be Friday at 1130 HRS in Rooms 602-604 of the Trade Center. For more information, go to: www.pewoceans.org. Also on hand at FISH EXPO will be PCFFA President Pietro Parravano, a member of the Pew Oceans Commission. The PCFFA/IFR Booth number is 2405. 4:19/10. YELLOWFIN TUNA QUOTA REACHED: On 6 November, the National Marine Fisheries Service (NMFS) published notice in the Federal Register (Vol. 66, No. 215, pp. 56038-56039) to announce that the 2001 yellowfin tuna quota had been reached. A 15-percent incidental catch limit is now in effect for yellowfin tuna taken in the U.S. purse seine fishery in the Commission's Yellowfin Regulatory Area (CYRA) of the Inter-American Tropical Tuna Commission (IATTC) through the remainder of 2001. This action is taken in accordance with a resolution adopted by the IATTC and approved by the Department of State (DOS). The action is effective 12:01 a.m., October 28, 2001, through 11:59 p.m., December 31, 2001. Comments will be accepted through November 21, 2001. Submit comments to Rodney R. McInnis, Acting Regional Administrator, Southwest Region (Regional Administrator), NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-4213. For further information contact: Svein Fougner at 562-980-4040. 4:19/11. SOCIO-ECONOMIC REPORT ON CALIFORNIA SQUID FISHERY: An initial report on the California squid fishery, sponsored by the California Sea Grant, has come out and is titled, "Socio-Economic Organization of the California Market Squid Fishery: Assessment for Optimal Resource Management." The research for this report, authored by Caroline Pomeroy and Margaret FitzSimmons, began in 1996 with the squid fishery ranked first among California fisheries in tons and value landed. The 1997-98 El Nino events and the passage of the squid fishery management bill, SB 364 (Sher 1997) focused research efforts on the social and economic organization of the fishery. For more information please contact Carrie Pomeroy at cpomeroy@cats.ucsc.edu. 4:19/12. MARINE FISHERIES ACTIVIST JOB ANNOUNCEMENT: The Cape Cod Commercial Hook Fishermen's Association (CCCHFA) is a grassroots non-profit organization comprised of commercial fishermen and concerned coastal residents whose rich cultural heritage and traditional economies depend on the productivity and health of the marine ecosystems around them. The CCCHFA seeks an enthusiastic, independent and ambitious candidate to fill the full-time position of Marine Fisheries Activist. Responsibilities will include developing and implementing campaign strategies that will empower local people to influence marine policy, in addition to operating the community action center campaign base. A good candidate will demonstrate excellent verbal and written skills. This job will be located in Chatham, Massachusetts. Deadline is 15 December 2001. Salary negotiable and benefits included. Send resume and cover letter with salary expectation to Executive Director, Cape Cod Commercial Hook Fishermen's Association, 210 Orleans Road, North Chatham MA 02650. For more information contact (508) 945-2432 or pparker@ccchfa.org. NEWS, COMMENTS, CORRECTIONS: Submit your news items, comments or any corrections to Natasha Benjamin, Editor at: ifrfish@pacbell.net or call the IFR office with the news and a source at either: (415) 561-FISH (Southwest Office) or (541) 689-2000 (Northwest Office). ########################################################## "Sublegals" are a weekly fisheries news bulletin service of Fishlink. To find out more about Fishlink, list information can be viewed and you can subscribe yourself automatically at: http://straylight.primelogic.com/mailman/listinfo/fishlink . If you have any trouble subscribing, contact PCFFA/IFR directly at: . ########################################################## "Fishlink" is a registered trademark of the Institute for Fisheries Resources. All rights to the use of this trademark are reserved to IFR. This publication, however, may be freely reproduced and circulated without copyright restriction. If you are receiving this as a subscriber, please feel free to pass this on to your colleagues. Subscribers who wish to post or circulate hard copy of Sublegals or have no access to the Internet may receive fax subscriptions by faxing their request, with their fax number to: (415) 561-5464. Thanks! ########################################################## NOTICE In accordance with Title 17 U.S.C. Section 107 this material is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. The Institute for Fisheries Resources, a nonprofit organization, provides the Fishlink News Service free of charge even though it costs the organization considerable time and money to produce it. We would like to continue to provide this service free. You could help by making a tax-deductible contribution (anything you can afford, whether $5.00 or $500.00) to keep this effort going and growing. Please send your tax-deductible contribution to: Institute for Fisheries Resources, PO Box 29370, San Francisco, CA 94129-0370. Please do not send credit card information via E-mail. For further information about making tax-deductible contributions to IFR please phone us at: (541) 689-2000, or fax us at: (541)689-2500. -- Your Dedicated Editors ########################################################## --part1_ac.1ddf63dd.2925cbba_boundary Content-Type: text/html; charset="US-ASCII" Content-Transfer-Encoding: 7bit
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                 ~~>FISHLINK SUBLEGALS 11/9/01<~~
##########################################################
    A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND
 LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES
  AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S
                                  ASSOCIATIONS

VOL. 4, NO. 19                                           9 NOVEMBER 2001
##########################################################

IN THIS ISSUE.......

CENTRAL CALIFORNIA DUNGENESS CRAB SEASON
SET TO OPEN THE 15TH. 4:19/01.

RESOURCES COMMITTEE PASSES CALVERT
CALFED BILL. 4:19/03.

NMFS REFUSES TO APPEAL OREGON COHO SALMON
DELISTING. 4:19/05.

NEW KLAMATH STUDY BREAKS NEW GROUND. 4:19/06

CONGRESS GIVES STATES $110 MILLION TOWARD PACIFIC       
SALMON RECOVERY. 4:19/08.

AND MORE.......
#########################################################
4:19/01. CENTRAL CALIFORNIA DUNGENESS CRAB SEASON
SET TO OPEN THE 15TH, QUALITY TEST POSITIVE FOR NORTH
COAST:  California's central coast (Sonoma County south) Dungeness
Crab fishery is set to open 15 November, providing market orders for an
ex-vessel price are signed and the weather cooperates.  San Francisco's
Crab Boat Owners Association had made an initial offer to processors
for $2.50 per pound, and other marketing associations were expected to
make similar offers. Although a small fishery in terms of total
production to the rest of the coast, it is the first Dungeness opening
along the Pacific and supplies the Thanksgiving holiday market for the
San Francisco Bay Area and surrounding region.

The quality testing of Dungeness for the state's north coast was
conducted earlier this month by the Pacific States Marine Fisheries
Commission (PSMFC) to determine the condition of the crab and
whether the season should begin 1 December or be delayed to give them
further time to fill out (see Sublegals, 4:17/02).  The test was done
pursuant to an agreement between the PSMFC and the Humboldt
Fishermen's Marketing Association with six locations selected from
Pelican Bay in the north to the Eel River canyon in the south.  The traps
were soaked approximately 23 hours (1-2 November) and the crabs were
processed after landing on the 2nd.  Before the quality test, six crabs
were removed from each sample for testing for domoic acid by the
California Department of Health Services.  A total of 387 crabs were
used for the sample with a recovery percentage of 27.3 percent.  For
more information, contact Al Didier at: al_Didier@psmfc.org.

In other related crab news, the voters of San Francisco approved a
ballot initiative (Measure D) on 6 November requiring voter approval
for any project that would add fill in excess of 100 acres in San
Francisco Bay.  This was seen as a victory for the crab fishery since San
Francisco Bay historically was the largest nursery area for Dungeness
crab along the Pacific Coast, and bay fill, along with pollution and the
loss of fresh water inflows, has been identified as a major factor in the
decline of crab in this area since the mid-1950's.  For more information
on the election, go to: http://www.cp-dr.com.  On the same day San
Francisco voters went to the polls, however, the U.S. House of
Representatives' Resources Committee approved H.R. 3208, a bill that
would further diminish fresh water inflows into the Bay, critical to the
maintenance of a healthy estuary (see 4:19/03 below).

4:19/02. COAST GUARD SEARCH AND RESCUE OPERATIONS
IMPAIRED BY TERROR THREAT: The U.S. Coast Guard is asking
the fishing fleet to take extra care this winter in their fishing operations.
The reason is the agency is spread extremely thin right now patrolling
the coast and U.S. waterways as part of the heightened security
following the 11 September terrorist attacks.  Much of the Coast Guard's
personnel and equipment have been diverted to the "homeland security"
efforts, leaving fewer people and vessels/aircraft for fishery enforcement
and search and rescue operations.  The Coast Guard has also said there
will be increased surveillance of vessels, including fishing boats, and it
is calling on the fishing fleet to help act as "eyes and ears" on the water.
Specifically it is asking fishermen to report any suspicious vessels or
activities by calling 911 on cell phones or notifying the Coast Guard
itself on VHF Channel 16.                                                                           

4:19/03: RESOURCES COMMITTEE PASSES CALVERT
CALFED BILL ALLOWING MASSIVE FRESH WATER
DIVERSIONS FROM CALIFORNIA RIVERS, SAN FRANCISCO
BAY:  On 7 November, the U.S. House of Representatives Resources
Committee approved on a 24-18 vote a measure by California
Congressman Ken Calvert (R-Riverside) to fund several major new
California water storage projects at an estimated cost of at least $3
billion over seven years.  Calvert's bill, called the Western Water
Enhancement Security Act (HR 3208), would reauthorize the
federal-state CALFED program, originally created to restore the
Bay-Delta ecosystem and better manage the water flowing through this
system that supplies much of the state's irrigated agriculture and some
15 million residents.  

H.R. 3208 is a substitute bill for an earlier one by a Southern California
representative, HR. 1905 (see Sublegals, 4:15/05; 4:12/08; 4:11/05). A
chief concern of the environmental, fishing and taxpayers coalition
opposing the Calvert bill is it's extreme deviance from the CALFED
Record of Decision, or ROD, approved by many state and federal
agencies over a year ago.  The Record of Decision was opposed by
PCFFA because it would have increased diversions, severely impacting
salmon as well as herring, oyster and crab resources. Calvert's bill,
however, goes even further than the ROD, essentially guaranteeing
water for certain corporate agribusiness operations at the expense of fish
resources, the environment and even some sectors of the farming
community. Specific concerns with the Calvert bill include:

* Creation of a highly unusual fast-track authorization process for water
development projects in 17 western states.  While vaguely worded, the
bill eliminates Congressional oversight for any water development
project for which funds were ever appropriated for any type of
construction or land, easement or rights-of-way acquisition before FY
2003.  Thus, changes or expansions or even entirely new projects
throughout the west may entirely avoid review if federal funds have
been previously appropriated, even if the project itself has never been
authorized or reviewed.  This provision potentially establishes a massive
new pork barrel reclamation program reaching far beyond CALFED.

* Elimination of CALFED's requirement that water project beneficiaries
pay for the economic benefits they receive from new water
development.  This will continue the discredited policy of providing
massive federal water subsidies that encourage inefficient uses of water
and environmental damage.

* Establishment of numerous barriers to the ecological restoration
program such as limitations on spending for land acquisition (even
though the CALFED plan already limits purchases to those from willing
sellers only), redirection of water intended for fisheries recovery to
instead maximize water supply benefits, and revision of the ecosystem
program to address "local social and economic" goals.  The water supply
program is under no similar requirement to meet such goals.

* Addition of a new requirement, not contained in the Endangered
Species Act (ESA), that agency Biological Opinions (BiOps) must be
subject to independent "peer review" before taking effect. This will
substantially delay and impair the ability of fisheries agencies to protect
species on the brink of extinction. H.R. 3208 contains no similar "peer
review" requirement for the Bureau of Reclamation's (BOR) decisions
regarding water development projects.

* Establishment of unprecedented water delivery guarantees to San
Joaquin Valley agribusinesses that would trump the needs of other, more
senior, water rights holders as well as the environment.  The University
of California has testified that this provision would establish subsidies in
the Westlands Water District alone of between $1 and $2 million per
farmer.

* Establishment of a massive new, but undefined, agency, the "Water
Security Board," with sweeping decision-making authority.  The agency
would be empowered to alter aspects of the CALFED plan and would
have considerable authority over the mandates of existing agencies.

H.R. 3208 is expected to be taken up by the full House of
Representatives sometime before the December Congressional break.
For more information, go to: http://briefcase.yahoo.com/ewcpacket.

4:19/04. CORRECTION ON CALFED FUNDING: The article
appearing in the last issue of Sublegals (4:18/01) was incorrect in that it
said the $30 million in federal funding that had been approved by
Congress was for CALFED.  In fact, the appropriations was for various
units of the federal Central Valley Project (CVP), including
implementation of the Central Valley Project Improvement Act
(CVPIA), not for CALFED. Some of the CVP actions funded for water
supply were found by Congress to be "activities that support the goals of
the California Bay Delta Ecosystem Restoration Program." The law is
clear on this. The money appropriated didn't go to CALFED; there is no
Congressional authorization for CALFED.

4:19/05. NMFS REFUSES TO APPEAL OREGON COHO
SALMON DELISTING, INTERVENTION MOTION STILL
PENDING:  On 9 November, the U.S. National Marine Fisheries
Service (NMFS) announced that it will not appeal U.S. Federal District
Judge Michael Hogan's decision in Alsea Valley Alliance v. NMFS that
stripped Oregon coastal coho of protections under the federal
Endangered Species Act (ESA).  Hogan's ruling called NMFS's failure
to also list certain hatchery stocks, once it included those in its
designated genetic conservation unit ('evolutionarily significant unit' or
'ESU'), arbitrary and capricious.  Under NMFS current policy, hatchery
fish can be included in the ESU when they are genetically similar to
wild fish, but can then be excluded from full ESA listing protection (see
Sublegals 4:11/02).  Instead of appealing Judge Hogan's decision,
however, and faced with landowner petitions for the delisting of nearly
every listed salmonid on the west coast based on that ruling, NMFS
decided to undertake a complete review of its policy with regard to ESA
classification of hatchery fish under the ESA.  Planned hearings will
begin in February of 2002 running for a period of 60 days, with a
projected decision date in September 2002.  NMFS then plans a status
review of all listings that might be affected by any changes in the policy.
At that time NMFS may then propose relisting of the Central Oregon
coho at least two years down the road, leaving them unprotected in the
interim.  For more information on the policy review and decision not to
appeal see: http://www.nwr.noaa.gov/occd/occd.html.

During the interim period during which no ESA protection for
Oregon central coast coho exists, however, a number of federal actions,
including many timber sales already identified by NMFS as seriously
damaging to coho salmon, will now likely proceed.  Thus lack of ESA
protection may mean that federal actions may undo the coho
conservation measures now being implemented under the Oregon Plan
by private landowners and the State of Oregon.  A group of fishing and
conservation organizations concerned about this problem (including
PCFFA) has petitioned the Court for permission to intervene in the coho
delisting case for purposes of a separate appeal and stay pending appeal.
Their initial request for a stay was rejected 30 October by Judge Hogan
(see Sublegals 4:18/02), but he delayed ruling on their request for
intervention to see whether NMFS would appeal, with a ruling on
intervention now expected around 15 November.  In the meantime, the
interveners have lodged an appeal that would be retroactively activated
by a favorable ruling.  For more information on the intervention action,
contact Earthjustice Legal Defense Fund, Patti Goldman, (206)
343-7340.

4:19/06. NEW KLAMATH STUDY BREAKS NEW GROUND,
OUTLINES SOLUTIONS:  The 9 November issue of the Eureka
Times-Standard carries a story on a new independent economics study
of the Upper Klamath Basin by ECONorthwest, the Northwest's oldest
and largest group of natural resource economists.  The study, "Coping
with Competition for Water: Irrigation, Economic Growth, and the
Ecosystem in the Upper Klamath Basin," demonstrates that even well
prior to the 2001 drought (and resulting water crisis in the Klamath
Irrigation Project), commercial farming in the Klamath Basin had
largely become unprofitable due to 20 years of pressure from global
market forces and the widespread use of extremely wasteful water
practices, such as flood irrigation.  In 1997, for instance (a good water
year), for all Klamath County farms that exceeded more than $10,000 in
agricultural sales, the report found that more than one-third experienced
an overall economic loss, and that total farm income averaged only
$34/acre (see Table 3 of the report).  This is in comparison to drought
disaster relief payments (from the $20 million already allocated by
Congress), which are expected to average between $125 -130/acre
depending on total enrollment in the program.  

Some of the recommendations on how to achieve a more sustainable
distribution of water in the Klamath Basin include: considerably better
water conservation; harnessing market forces to promote conversion
away from the basin's current reliance on high water use, low valued
crops to low water use, high valued crops, and; reducing inefficient and
wasteful water distribution practices throughout the Upper Klamath
Basin.                                                                                                           

The report was initiated by the Klamath Basin Ecosystem
Foundation, a nonprofit organization, spun- off from the Klamath Upper
Basin Working Group, through outside grant funding.  The
Times-Standard article is at: http://www.times-standard.com in the
archives (search word 'Klamath').  The full report is available in PDF
format on the Internet at:
http://www.salmonandeconomy.org/pdf/KlamathWater.pdf.  

4:09/07. SALMON 'EQUITABLE TREATMENT' SUIT FILED IN
COLUMBIA RIVER: On 5 November, a coalition of fishing and
conservation groups sued the Bonneville Power Administration (BPA)
and the U.S. Department of Energy, seeking to enforce the requirement
of 'equitable treatment' of salmon compared to other purposes of the
Columbia River hydropower system, as required in the Northwest Power
Act at 16 U.S.C. 839b(h)(11)A(i).  In Northwest Environmental Defense
Center v. BPA, 117 F.3d 1520, 1532 (9th Cir. 1997), the U.S. Ninth
Circuit Court of Appeals ruled that this provision is a substantive
"equitable treatment" mandate which requires BPA to "place fish and
wildlife concerns on an equal footing with power production."  This
summer, however, BPA repeatedly sacrificed salmon production in the
Columbia River to meet its financial commitments, ignoring many
alternatives by which it could achieve both (see Sublegals, 4:15/04).  As
a result, BPA caused record juvenile salmon losses throughout the
Columbia Basin, which means that adult returns of ESA listed fish in 3
to 4 years may hit record lows.  In particular, the suit challenges the
current Biological Opinion (BiOp) which allows BPA to ignore salmon
protections whenever it declares, in its sole discretion, an undefined
'power emergency,' a loophole it used throughout the summer of 2001
not so much to produce more power as much as to meet its financial
projections.  For more information on the action contact: Earthjustice
Legal Defense Fund, Steve Mashuda, (206) 343-7340.

4:19/08. CONGRESS GIVES STATES $110 MILLION TOWARD
PACIFIC SALMON RECOVERY:  The U.S. Congress has appropriated
a total of $115 million within Title II of the Commerce, Justice, State,
Judiciary and Related Agencies appropriations bill (H.R. 2500) to go
toward state salmon recovery efforts pursuant to the Pacific Coastal
Salmon Recovery Initiative, originally proposed by the Governor's of
Alaska, Washington, Oregon and California.  The division reported is:
Alaska - $27 million; Washington - $34 million; Oregon - $17 million,
and California - $17 million.  Another $15 million is earmarked for the
region's many Indian Tribes, split between inland and coastal Tribes.
Each state has its own approach for spending salmon restoration money
to best effect, with the Oregon Plan for Salmon & Watersheds in
Oregon, a developing salmon recovery effort in Washington State, and a
Memorandum of Agreement in California among various agencies on
how to best spend the money but no organized California plan.
Congressman Mike Thompson's (D-CA) Pacific Salmon Recovery Act
(H.R. 1157), passing the House 13 June by 418-6, calls for $200
million/year for similar purposes, and includes Idaho (which has
problems with Columbia Basin salmon listings) as well as the four
coastal states.  H.R. 1157 is now in the Senate Committee on
Commerce, Science & Transportation, but no action on this bill is
expected until next year.  

In addition, the Congressional Conference Committee for the
Commerce Department appropriations bill reportedly signed off on a
$45.42 million appropriation to fund Pacific Salmon Treaty obligations,
including $20 million each for the Northern and Southern Panels, and an
additional $5.42 million to continue the process of buying out excess
Washington State salmon vessel permits.  More than half of Washington
state's salmon gillnet permits have already been retired, and more
retirements are designated under the Treaty to take fishing pressure off
weak stocks.  The funded amount is more than provided last year, and
consistent with U.S. Pacific Salmon Treaty obligations and
commitments.  For more information on the bills, go to:
http://thomas.loc.gov.

4:19/09. PANETTA TO ADDRESS FISH EXPO ON FRIDAY, THE
16TH: Former California Congressman, Director of the Office of
Management & Budget, White House Chief of Staff, and now chair of
the Pew Oceans Commission, Leon Panetta, will give the keynote
address for this year's FISH EXPO in Seattle (see Sublegals, 4:16/02).
FISH EXPO, being held at the Seattle State Convention & Trade Center,
is North America's largest commercial fishing exposition - a
combination of trade show and seminars.  Panetta's speech will be
Friday at 1130 HRS in Rooms 602-604 of the Trade Center.  For more
information, go to: www.pewoceans.org.

Also on hand at FISH EXPO will be PCFFA President Pietro
Parravano, a member of the Pew Oceans Commission.  The PCFFA/IFR
Booth number is 2405.

4:19/10.  YELLOWFIN TUNA QUOTA REACHED: On 6
November, the National Marine Fisheries Service (NMFS) published
notice in the Federal Register (Vol. 66, No. 215, pp. 56038-56039) to
announce that the 2001 yellowfin tuna quota had been reached.  A
15-percent incidental catch limit is now in effect for yellowfin tuna
taken in the U.S. purse seine fishery in the Commission's Yellowfin
Regulatory Area (CYRA) of the Inter-American Tropical Tuna
Commission (IATTC) through the remainder of 2001. This action is
taken in accordance with a resolution adopted by the IATTC and
approved by the Department of State (DOS). The action is effective
12:01 a.m., October 28, 2001, through 11:59 p.m., December 31, 2001.
Comments will be accepted through November 21, 2001. Submit
comments to Rodney R. McInnis, Acting Regional Administrator,
Southwest Region (Regional Administrator), NMFS, 501 W. Ocean
Boulevard, Suite 4200, Long Beach, CA 90802-4213. For further
information contact: Svein Fougner at 562-980-4040.

4:19/11.  SOCIO-ECONOMIC REPORT ON CALIFORNIA SQUID
FISHERY: An initial report on the California squid fishery, sponsored
by the California Sea Grant, has come out and is titled,
"Socio-Economic Organization of the California Market Squid Fishery:
Assessment for Optimal Resource Management." The research for this
report, authored by Caroline Pomeroy and Margaret FitzSimmons,
began in 1996 with the squid fishery ranked first among California
fisheries in tons and value landed. The 1997-98 El Nino events and the
passage of the squid fishery management bill, SB 364 (Sher 1997)
focused research efforts on the social and economic organization of the
fishery. For more information please contact Carrie Pomeroy at
cpomeroy@cats.ucsc.edu.

4:19/12.  MARINE FISHERIES ACTIVIST JOB
ANNOUNCEMENT: The Cape Cod Commercial Hook Fishermen's
Association (CCCHFA) is a grassroots non-profit organization
comprised of commercial fishermen and concerned coastal residents
whose rich cultural heritage and traditional economies depend on the
productivity and health of the marine ecosystems around them. The
CCCHFA seeks an enthusiastic, independent and ambitious candidate to
fill the full-time position of Marine Fisheries Activist. Responsibilities
will include developing and implementing campaign strategies that will
empower local people to influence marine policy, in addition to
operating the community action center campaign base.   A good
candidate will demonstrate excellent verbal and written skills.  This job
will be located in Chatham, Massachusetts. Deadline is 15 December
2001. Salary negotiable and benefits included.  Send resume and cover
letter with salary expectation to Executive Director, Cape Cod
Commercial Hook Fishermen's Association, 210 Orleans Road, North
Chatham MA 02650.  For more information contact (508) 945-2432 or
pparker@ccchfa.org.

NEWS, COMMENTS, CORRECTIONS: Submit your news items,
comments or any corrections to Natasha Benjamin, Editor at:
ifrfish@pacbell.net or call the IFR office with the news and a source at
either: (415) 561-FISH (Southwest Office) or (541) 689-2000
(Northwest Office).

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--part1_ac.1ddf63dd.2925cbba_boundary-- From FISH1IFR@aol.com Wed Nov 21 14:37:34 2001 Received: from imo-r07.mx.aol.com (imo-r07.mx.aol.com [152.163.225.103]) by straylight.primelogic.com (8.11.6/8.11.1) with ESMTP id fALMbX084142 for ; Wed, 21 Nov 2001 14:37:33 -0800 (PST) (envelope-from FISH1IFR@aol.com) Received: from FISH1IFR@aol.com by imo-r07.mx.aol.com (mail_out_v31_r1.9.) id e.41.1445761d (4328) for ; Wed, 21 Nov 2001 17:32:58 -0500 (EST) Message-ID: <41.1445761d.292d8599@aol.com> Date: Wed, 21 Nov 2001 17:32:57 EST To: fishlink@straylight.primelogic.com MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="part1_41.1445761d.292d8599_boundary" X-Mailer: AOL 6.0 for Windows US sub 10536 From: fishlink-admin@straylight.primelogic.com Subject: [Fishlink] ~~>FISHLINK SUBLEGALS 11/16/01<~~ Sender: fishlink-admin@straylight.primelogic.com Errors-To: fishlink-admin@straylight.primelogic.com X-BeenThere: fishlink@straylight.primelogic.com X-Mailman-Version: 2.0.6 Precedence: bulk Reply-To: bit-bucket@straylight.primelogic.com X-Reply-To: fishlink@straylight.primelogic.com List-Help: List-Post: List-Subscribe: , List-Id: Fishlink is a joint fisheries information news service of Pacific Coast Federation of Fishermen's Associations (PCFFA) and the Institute for Fisheries Resources (IFR). List-Unsubscribe: , List-Archive: --part1_41.1445761d.292d8599_boundary Content-Type: text/plain; charset="US-ASCII" Content-Transfer-Encoding: 7bit ########################################################## ~~>FISHLINK SUBLEGALS 11/16/01<~~ ########################################################## A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS VOL. 4, NO. 20 16 NOVEMBER 2001 ########################################################## IN THIS ISSUE....... WORLD FISHERIES DAY CELEBRATIONS SET FOR 21 NOVEMBER. SEE 4:20/01. PANETTA AT FISH EXPO, TELLS FISHERMEN TO "KICK ASS." SEE 4:20/02. C-J-S FUNDING BILL RESULTS IN GIVE-AWAY OF BERING SEA POLLOCK. SEE 4:20/04. OREGON COHO DELISTING DECISION APPEALED. SEE 4:20/08. CORPS GETS FUNDS TO NOTCH ELK RIVER DAM. SEE 4:20/14. AND MORE....... ######################################################### 4:20/01. WORLD FISHERIES DAY 2001 - BENEFITS, DONATIONS, RESOLUTION HONORING ONE OF HUMANKIND'S OLDEST ENDEAVORS: Wednesday, 21 November, marks World Fisheries Day this year with a number of different events planned around the globe. In the U.S., the Marine Fish Conservation Network (MFCN) has promoted a number of radio shows, including spots on National Public Radio discussing the importance of fishing (for more information, go to: www.conservefish.org). In response to the 11 September terrorist attacks in New York City and Washington, DC, the Cape Cod Commercial Hook Fishermen's Association is sponsoring a World Fisheries Day related concert on Saturday, the 17th, to benefit the survivors of the seafood restaurant victims from the World Trade Center. Another example is in Maryland, where Phillips Seafood and the Baltimore County Watermen's Association will be delivering 500 pounds of fish to three homeless shelters in Baltimore on the 19th commemorating World Fisheries Day. In California, the state Legislature has adopted a resolution, authored by Assembly member Virginia Strom-Martin (D-Duncan Mills), celebrating World Fisheries Day. The November issue of The Fishermen's News features an article on World Fisheries Day (go to: www.pcffa.org/fn-nov01.htm). Finally, U.S. Representative Nancy Pelosi (D-CA), the House Democratic Whip, has a draft resolution in the Congress to formally recognize 21 November as World Fisheries Day (for more information, go to: sf.nancy@mail.house.gov). Also go to PCFFA's website at: www.pcffa.org for further information on the day designated to celebrate one of humankind's oldest endeavors. 4:20/02. PANETTA AT FISH EXPO - TELLS FISHERMEN TO GET TOGETHER AND "KICK ASS": Former U.S. Congressman and White House Chief of Staff, Leon Panetta, who now chairs the Pew Oceans Commission, addressed FISH EXPO on 16 November (see Sublegals, 4:19/09), describing to the assembled group the myriad of threats facing the ocean environment and telling fishermen they need to get together in order to have their voice heard. Among the threats to the oceans and its fishes he raised were non-point pollution sources that are causing dead zones in the Gulf of Mexico and elsewhere, the growing number of invasive species in the nation's waters, and the population growth along the U.S. coasts threatening wetlands and other habitats as well as water quality. He expressed his preference for some form of ocean governance that would bring all parties to the table using the process being used among six states around the Chesapeake Bay as a possible model. He also underscored the need to have fishermen at the table. "You've got to fight for your industry," Panetta told the fishing group. "Nationwide, this industry has never gotten its act together, and if you did, you could be a force. When you're one voice and you represent one powerful constituency in the country and you go to the people in Washington, you can begin to have an impact." He then went on to say that fishermen have to be prepared to "kick ass" to protect their resources and their livelihoods. Seafood importers, exporters, distributors and others in the shoreside sector are represented by the National Fisheries Institute. However, there is currently no national organization of commercial fishermen in the U.S. Unlike the federal U.S. Commission on Ocean Policy, the 20-member Pew Commission includes representatives from the commercial and recreational fishing industry, including PCFFA President Pietro Parravano. The Pew Commission is also regarded as the more balanced of the two groups currently addressing national ocean policy. The 16-member U.S. Commission, nominated by Congress and appointed by the President, is viewed as pro-offshore oil and pro-aquaculture. The next meeting of the Pew Commission is scheduled for the week of 26 November in New York City. It will hold a public hearing on Thursday, the 29th, from 1400-1700 HRS at the American Museum of Natural History, Central Park West at 79th Street while in New York. The Pew Commission, which has already published reports on pollution, aquaculture, and marine invasive species (go to: www.pewoceans.org), will issue its final recommendations on ways to control marine pollution, restore fisheries, protect coastal habitats, and sustain marine life to Congress and the nation in the fall of 2002. For more information on the New York meeting, contact Justin Kenney at: kenneyj@pewoceans.org. The U.S. Commission on Ocean Policy, meanwhile, held its second meeting on 13-14 November in Washington, DC. Starting more than a year after the Pew Commission began its work, the federal commission will begin a series of nine regional meetings. It has agreed to a tentative schedule for these meetings in 2002, starting with Charleston, South Carolina 14-16 January. Meetings are also currently scheduled to be held in Tampa Bay in February, New Orleans in March, Los Angeles in April, Honolulu in May; Seattle in June, Boston in July, Anchorage in August, and Chicago in September. For more information, contact Robert Hansen at: Robert.C.Hansen@noaa.gov. 4:20/03. IMPASSE ON DUNGENESS CRAB PRICE KEEPS CENTRAL CALIFORNIA SEASON CLOSED; CONGRESS EXTENDS STATE EEZ AUTHORITY OVER FISHERY: The Central California Dungeness Crab season (Sonoma County south) that was set to start on Thursday, the 15th, has been delayed as a result of a price disagreement between crabbers and processors on an ex-vessel price (see Sublegals 4:19/01). Crab marketing associations have asked for a market order price of between $2.25 and $2.50 per pound, while processors have offered an ex-vessel price of $1.75 per pound. If the stalemate continues, it could jeopardize the Thanksgiving market. In the meantime, Congress has approved language, as part of the Commerce-Justice-State appropriation package (HR 2500 - see 4:20/04 below), on 15 November, to extend state jurisdiction over the Dungeness crab fishery in the federal Exclusive Economic Zone (EEZ) offshore California, Oregon and Washington through 30 September 2006. The bill was sent to the President 16 November. This language continues existing authority by the states over this fishery out to 200 miles; however, the issue may be taken up again prior to 2006 in the reauthorization of the Magnuson-Stevens Fishery Conservation & Management Act. 4:20/04. COMMERCE-JUSTICE-STATE APPROPRIATIONS BILL SENT TO PRESIDENT, $3.3 BILLION FOR NOAA, AFA AMENDED GIVING POLLOCK TO CATCHER/PROCESSORS, RELIEF FOR PACIFIC COAST GROUNDFISH FISHERMEN: On Thursday, 15 November, the Senate gave final approval on a 98-1 vote to the 2002 Commerce-Justice-State appropriations bill, HR 2500 (House Report 107-298) and sent the $39.4 billion spending package to the President the following day. According to a 15 November WorldCatch News Network report, it includes $3.25 billion for the National Oceanic & Atmospheric Administration (NOAA) - a budget figure comparable to Senate and House-approved funding for the Commerce agency and just above the President's request of $3.15 billion. The National Marine Fisheries Service (NMFS), however, took a significant cut in conference committee. The House passed $729 million for the federal fishery agency, the Senate passed $668 million and conferees reported $579.2 million. The President requested $734 million, and the FY '01 enacted level was $815 million. Some of the cuts came in the area of stock assessments. Conservation programs get $439.2 million in the conference report, the weather programs are fully funded and the Pacific Coastal Salmon Recovery Fund received the full request of $110 million. For more information, go to: www.worldcatch.com. On 15 November, the Senate also passed the 2002 Agriculture appropriations bill. The $75.9 billion funding bill, HR 2330, (House Report 107-275) passed on a 92-7 vote; it had already cleared the House on the 13th. It includes $961 million for the Natural Resources Conservation Service (NRCS), compared with the administration's request for $927 million. NRCS is involved in a number of salmon habitat restoration programs in California, Oregon and Washington. In addition to the language extending state jurisdiction in the EEZ over the Dungeness crab fishery, the Commerce-Justice-State funding package includes $15.58 million designed to assist the Pacific Coast groundfish fleet - money that had been sought by Senators Ron Wyden (D-OR) and Patty Murray (D-WA). According to a report in the 15 November Daily Astorian, more than $4 million of that funding is aimed at placing observers directly on board fishing vessels to help compile more accurate catch information and track bycatch. Other groundfish backing found in the Conference Report includes: * $1.5 million for direct disaster assistance to fishermen who suffered financial losses. * $1 million for Oregon's Groundfish Disaster Outreach - a program that helps fishermen transition out of the industry and into new fields of employment. * $5.22 million for ongoing research on West Coast groundfish. * $2 million for cooperative groundfish research. The most controversial provision of the C-J-S 2002 funding bill is the rider inserted by Senator Ted Stevens (R-AK) amending Section 213 of the American Fisheries Act (P.L. 105-277) deleting the 30 September 2004 sunset date and giving exclusive rights to the Seattle-based catcher-processor fleet and native corporations holding community development quotas (CDQs) that were initially allocated Bering Sea pollock for a 5-year period to implement American ownership of the pollock catch. The rights to harvest this fish stock are worth $700 million annually. The AFA was already controversial with many in the fisheries who viewed it as a rip-off of taxpayers and much of the fishing community to profit a few large well-connected (e.g., former Senate staffers now in the employ of the fishing companies) fish harvesting and processing companies. 4:20/05. PACIFIC COAST WHITING CATCHER/PROCESSOR FISHERY CLOSES FOR YEAR: On 13 November, the National Marine Fisheries Service (NMFS) announced the closure of the 2001 catcher/processor fishery for Pacific whiting (hake) effective 1800 HRS that day, pursuant to 50 CFR, Part 660. The closure will be in effect until the beginning of the 2002 season. NMFS is accepting comments on the action until 3 December. For comments, contact Rod McInnis, Acting Regional Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. For more information, call Becky Renko at (206) 526-6110. 4:20/06. AUSTRALIAN SEAFOOD CONFERENCE TO FEATURE PAPER ON TRAWL FISHERY RESTRUCTURING AND BUY-OUT: "Seafood Directions 2001," Australia's national seafood conference, that will be held 27-29 November this year in Brisbane, Australia, will feature a paper on the restructuring and license buy-out implemented this year in the Queensland East Coast Trawl Fishery. The program resulted in the removal of one-third of the 750 licenses and boats that were authorized to fish in that fishery as of 1 January 2001, according to Ted Loveday, Chief Executive Officer of the Queensland Seafood Industry Association. One hundred (100) of these licenses were removed on 1 Jan 2001 through a $20 million (AUS) license buy-out and another hundred licenses have been permanently removed since then through mechanisms in the new Queensland East Coast Trawl Management Plan (ECTP) that was implemented in conjunction with the license buy-out. There are now a little over 500 licenses and boats remaining in the fishery and this number is continuing to decline, says Loveday. For more information on the conference or to receive a copy of the paper, go to: www.seafoodsite.com.au/seafooddirections. On a related issue, the November edition of The Queensland Fisherman, features a new fisheries policy developed by the Australian Seafood Industry Council (ASIC) that it circulated prior to that nation's recently conducted federal elections (pp.20-25). The policy may be of interest to U.S. and Canadian fishermen and others in the fisheries. For more information, go to: www.asic.org.au. 4:20/07. FISH CONSUMPTION SUBJECT OF ENVIRONMENTAL JUSTICE MEETING IN SEATTLE: "What is the relationship between water quality, fish consumption and environmental justice?" will be the focus of the National Environmental Justice Advisory Council (NEJAC) meeting scheduled for 3-6 December in Seattle. A public comment period dedicated to the focused policy issue is scheduled for Tuesday evening, 4 December from 1900-2100 HRS. The NEJAC was established to ensure that the U.S. Environmental Protection Agency (EPA) receives the viewpoints of diverse stakeholders on issues related to environmental justice. The NEJAC consists of 26 members representing community groups; industry; state, local and tribal governments, and both government and non-government organizations. For more information on the Seattle meeting, go to: http://es.epa.gov/oeca/main/ej/nejac/conf_ne.html, or call the toll-free NEJAC Hotline at: (888) 335-4299. 4:20/08. OREGON COHO DELISTING DECISION APPEALED: U.S. Court of Appeals Judge Michael Hogan ruled 16 November that a coalition of fisheries and conservation organizations, including both PCFFA and IFR, had a right to intervene in the Alsea Valley Alliance v. NMFS case (see Sublegals 4:19/05; 4:18/02) for purposes of appealing to the U.S. Ninth Circuit Court of Appeals Hogan's Oregon coastal coho Endangered Species Act (ESA) delisting decision. An appeal was immediately filed with the Court of Appeals, together with a request for a stay of Judge Hogan's decision. A stay, if granted, would reinstate coho ESA protections for the central Oregon population until either the appeal could be heard or the case becomes moot with the National Marine Fisheries Service (NMFS) changes in its policy concerning inclusion of hatchery fish within the genetic conservation unit (the ESU or 'evolutionarily significant unit') that the ESA listing protects. The basis of intervention was that NMFS is no longer representing the interests of fish protection interests because it failed to ask for a stay and failed to take an appeal. Instead of doing either, and faced with landowner petitions for the delisting of nearly every listed salmonid on the west coast based on that ruling, NMFS decided to undertake a complete review of its policy with regard to ESA classification of hatchery fish under the ESA. Planned hearings will begin in February of 2002 running for a period of 60 days, with a projected decision date in September 2002. NMFS then plans a status review of all listings that might be affected by any changes in the policy. At that time, at least two years down the road, NMFS may then propose relisting of the Central Oregon coho, leaving them completely unprotected under the ESA in the interim. For details on the NMFS review see: http://www.nwr.noaa.gov/occd/occd.html. The decision on the request for a stay of Judge Hogan's trial court order must be made by 10 December. For more information on the Intervener's petition, contact: Patti Goldman or Kristen Boyles, EarthjusticeLegal Defense Fund, (206) 343-7340. For the full Oregonian story see: http://www.oregonlive.com/printer/printer.ssf?/xml/story.ssf/ html_standard.xsl?/base/news/10060017576527191.xml 4:20/09. EIGHTH ANNUAL SALMON RUN: Okay, it's only a 5k run and 3k walk, but this is not the Sacramento, the Columbia or the Fraser where we'd demand a marathon, or the Yukon or the Amur where an ironman triathlon would be required. It's for the Ventura River and it's a good cause. The Matilija Coalition, a local non-profit dedicated to restoring the Ventura River in southern California (it once supported major coho and steelhead populations), is sponsoring the run as part of a fund-raiser on Sunday, 18 November. Fish passage on the Ventura River has been blocked for decades by the now silted-in Matilija Dam, and both fish conservationists and surfers are working to remove the dam and restore the river. The Institute for Fisheries Resources, in fact, is under contract with the California Coastal Conservancy to develop a plan for the ancient Matilija structure. For more information on the event, that is being co-sponsored by Patagonia and Great Pacific Iron Works, among others, contact: Paul Jenkin, Environmental Director, Surfrider Foundation Ventura County Chapter Coordinator, Matilija Coalition at: paul@matilija-coalition.org. 4:20/10. HATCHERY SALMON SURPLUSES ADD TO FOOD BANKS FOR THANKSGIVING HOLIDAY: In addition to fish donations being made by fishing groups to food banks around World Fisheries Day and the U.S. Thanksgiving holiday, fish hatcheries throughout the Northwest are making surplus hatchery fish available for shelters and others serving the needy this year. WorldCatch News Network reports that about 80,000 pounds of frozen fillets have been distributed to food banks across the Washington State so far this year. Twenty-thousand pounds have come to Second Harvest of the Inland Northwest, with another 20,000 pounds on the way. While the Chinook and pink runs are done for the year, some coho are still making their way to hatcheries, and the chum season is just getting started. Last year, food banks in Washington distributed 140,000 pounds of fillets. In Oregon, the state is planning to hike its hatchery contributions to the hungry and needy, with a truckload of about 40,000 pounds of frozen salmon fillets for the Oregon Food Bank. The shipment is the first of several totaling about 140,000 hatchery fish which will provide around 500,000 meals to needy Oregonians this fall. For more information, go to: www.worldcatch.com. 4:20/11. BUSH ADMINISTRATION REMOVES MINING CLAIMS BAN IN SOUTHERN OREGON SALMON STREAMS: Reversing one of the last Clinton Administration initiatives, Secretary of Interior Gale Norton is lifting the current ban on filing new mining claims within the Siskiyou National Forest in some of the west coast's last remaining good salmon and steelhead spawning habitat in southern Oregon. The ban, imposed for a two year period by outgoing Secretary of Interior Bruce Babbitt on 23 January 2001, was intended to pave the way for further protections of these public lands primarily for their habitat and wildlife value, but Babbitt failed to protect these key river systems under a national monument designation, citing lack of time. Conservation and fisheries groups in the area have been pressing for the designation of these public lands as a 'Six Rivers National Monument' for several years, a proposal also backed by PCFFA and several other fisheries groups because of the need for protection of key salmon and steelhead streams. Monument status would have provided maximum protection for critical salmon and steelhead habitat on these public lands. There are already more than 1,000 mining claims in the Siskiyou National Forest, and under the much criticized 1872 Mining Act any of these mining claims could be developed with little regard to environmental impacts and with no royalties payments to the US Treasury. Oregon Governor John Kitzhaber, Oregon Senator Ron Wyden and Representative Peter DeFazio, in whose Congressional district these lands sit, all favored the original mining claim moratorium, but Oregon Senator Gordon Smith has opposed any additional protection for those areas. Local mining advocates argued that the rivers should remain open to mining 'in light of current national security concerns.' For more information about efforts to protect the southern Oregon coastal river systems and the 'Siskiyou Wild Rivers' proposal see: http://www.siskiyou.org. 4:20/12. CONSERVATIONISTS SEEK TO BLOCK SALE OF MAINE SALMON FARM TO DUTCH COMPANY: Plans by a Maine aquaculture operation, Heritage Salmon, to sell out to the Dutch Seafood giant, Nutreco, have run afoul of local conservation groups who are currently in federal court in Bangor suing Heritage for operating its farms in violation of the U.S. Clean Water Act (CWA). U.S. Public Interest Research Group (U.S. PIRG) has asked Maine Department of Marine Resources Commissioner George LaPointe to block any transfer of the farms under Maine law. "For nearly a decade, Heritage has violated the federal Clean Water Act with impunity, and has also failed to live up to the requirements of its state leases," said Joshua R. Kratka, senior attorney at the National Environmental Law Center (NELC). "The State of Maine should not transfer these leases of public lands to yet another multinational fish-farming conglomerate without first assuring that any new salmon farm operator will comply with state and federal environmental laws." Heritage Salmon is a division of George Weston, Ltd., the Canadian supermarket conglomerate. In a 2 November letter, U.S. PIRG's attorneys requested that LaPointe deny a transfer of Heritage sites to any new owner until the new owner guarantees that environmental safeguards will be put in place. Such safeguards include measures to prevent fish escapes and the spread of disease to wild salmon, to minimize the use and release of toxic chemicals, and to ensure that salmon farm wastes do not create "dead zones" on the ocean bottom beneath and around the farm sites. Heritage, like other salmon farm owners in Maine, operates its farms on submerged public lands. It leases these lands from the state, and must abide by the terms of its leases. State law prohibits the transfer of a lease if, among other things, the operations of the new lessee would "unreasonably interfere with the ability of the lease site and surrounding areas to support existing ecologically significant flora and fauna." For more information, contact Joshua Kratka at: (617) 422-0880. 4:20/13. DISMAL FORECAST FOR BRISTOL BAY SOCKEYE: The Associated Press reported on 15 November that the Alaska Department of Fish & Game (ADFG) is predicting a run of 16.8 million sockeye this next season for Bristol Bay, with approximately 9.7 million reds available for harvest. The University of Washington predicted just slightly more fish in its forecast. The forecast pales in comparison to the average 25 million reds fishermen have netted in the bay over the last 20 years. Last year's catch was about 14 million fish. Alaska Governor Tony Knowles has declared a disaster in the region three out of the last five years due to low salmon returns or prices, and next summer is setting up to be possibly worse still. In addition to production, prices too have been depressed; last season fishermen took home only 40 cents a pound, the lowest price since 1975, because of increasing competition from foreign fish farms. Many fishermen doubt prices will improve next summer. And many might just stay home. Last summer, about 15 percent of Bristol Bay's 1,800-plus boat fishermen and 900 beach fishermen stayed away. 4:20/14. CONGRESS GIVES ARMY CORPS FUNDS TO BEGIN NOTCHING ELK CREEK DAM TO ALLOW SALMON PASSAGE: The Eugene Register-Guard reported 16 November that the U.S. Army Corps of Engineers (COE) has received $2 million from Congress to begin notching the half-finished Elk Creek Dam to allow salmon passage on this tributary of Oregon's Rogue River. Elk Creek Dam was first authorized by Congress in 1962 as part of a three-dam flood-control project for the Rogue River. Construction was halted at the halfway point in 1987 after a federal injunction was issued based on the COE's failure to assess impacts on Rogue River salmon. Since 1987 crews have been trapping salmon and steelhead at the base of the dam, hauling them in trucks upstream, and releasing them to reach spawning habitat. The trap-haul system cost $8 million/year, and federal biologists have warned that in the long run threatened coho salmon would not survive. In 1995, COE abandoned the project after spending $100 million. Two years later it proposed partial demolition to enhance fish passage, but local opposition kept the Corps from going ahead. PCFFA, IFR and other organizations then sued to have the dam removed under the federal Endangered Species Act. The $2 million will cover work through the fiscal year ending next September. COE plans to sign up a contractor for the work in January and have it completed by October, in time for spawning coho salmon to swim through the notch to good spawning habitat upstream. See: http://www.registerguard.com/news/ Wire/N0076OR--ElkCreekDam.html. 4:20/15. MIAMI TO HOST FISHERIES SCIENCE SUMMIT: The world's leading fisheries experts will meet 26-30 November at the University of Miami's Rosenstiel School of Marine & Atmospheric Sciences for the first "World Conference on the Scientific and Technical Bases for the Sustainability of Fisheries," according to a report 16 November by WorldCatch News Network. Scientists representing key fisheries across the globe will present research that addresses some of the critical challenges imposed by the increasing worldwide demand for fish and other seafood; one billion people depend on fish as their main source of animal protein and many more consume seafood as part of a healthy diet. The 5-day conference is intended to bring together current scientific knowledge to compare and contrast case studies of many of the world's major fisheries. Fisheries assessment and management experts on tuna, billfish, reef fish, anchovies, sharks, hakes, cod, lobsters, shrimps, abalone, orange roughy and other fishes will provide their global perspective on the successes and failures in fisheries as a means to try to develop an international consensus on the management priorities for sustainability. "Our ultimate goal is to define how we can use our ocean resources in a sustainable way," said Nelson Ehrhardt, professor of marine biology and fisheries at the Rosenstiel School and conference organizer. "To meet the world's demand for fish, while reducing the decline of existing stocks, we must manage fish stocks by leaving enough fish so that they can breed and maintain their populations and also protect essential habitats, given environmental variability and uncertainty." The World Conference is sponsored by the Rosenstiel School's Center for Sustainable Fisheries. The final outcome of this conference will be a publication containing case studies as well as the discussions, conclusions and recommendations presented by the participants. This publication is intended by the sponsors to become the guide for policy institutions, commercial entities and non-governmental organizations to use as a reference on scientific and technical matters regarding the sustainability of fisheries. For more information, go to: http://www.rsmas.miami.edu/groups/cfsf/2001conf. NEWS, COMMENTS, CORRECTIONS: Submit your news items, comments or any corrections to Allison Vogt, Editor at: ifrfish@pacbell.net or call the IFR office with the news and a source at either: (415) 561-FISH (Southwest Office) or (541) 689-2000 (Northwest Office). ########################################################## "Sublegals" are a weekly fisheries news bulletin service of Fishlink. To find out more about Fishlink, list information can be viewed and you can subscribe yourself automatically at: http://straylight.primelogic.com/mailman/listinfo/fishlink . If you have any trouble subscribing or unsubscribing, contact PCFFA/IFR directly at: . ########################################################## "Fishlink" is a registered trademark of the Institute for Fisheries Resources. All rights to the use of this trademark are reserved to IFR. This publication, however, may be freely reproduced and circulated without copyright restriction. If you are receiving this as a subscriber, please feel free to pass this on to your colleagues. Subscribers who wish to post or circulate hard copy of Sublegals or have no access to the Internet may receive fax subscriptions by faxing their request, with their fax number to: (415) 561-5464. Thanks! ########################################################## NOTICE In accordance with Title 17 U.S.C. Section 107 this material is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. The Institute for Fisheries Resources, a nonprofit organization, provides the Fishlink News Service free of charge even though it costs the organization considerable time and money to produce it. We would like to continue to provide this service free. You could help by making a tax-deductible contribution (anything you can afford, whether $5.00 or $500.00) to keep this effort going and growing. Please send your tax-deductible contribution to: Institute for Fisheries Resources, PO Box 29370, San Francisco, CA 94129-0370. Please do not send credit card information via E-mail. For further information about making tax-deductible contributions to IFR please phone us at: (541) 689-2000, or fax us at: (541)689-2500. -- Your Dedicated Editors ########################################################## --part1_41.1445761d.292d8599_boundary Content-Type: text/html; charset="US-ASCII" Content-Transfer-Encoding: 7bit ##########################################################
                 ~~>FISHLINK SUBLEGALS 11/16/01<~~
##########################################################
      A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND
    LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES
    AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S
                                ASSOCIATIONS

      VOL. 4, NO. 20                                   16 NOVEMBER 2001
##########################################################
IN THIS ISSUE.......

WORLD FISHERIES DAY CELEBRATIONS SET FOR 21
NOVEMBER. SEE 4:20/01.

PANETTA AT FISH EXPO, TELLS FISHERMEN TO
"KICK ASS."  SEE 4:20/02.

C-J-S FUNDING BILL RESULTS IN GIVE-AWAY OF
BERING SEA POLLOCK. SEE 4:20/04.

OREGON COHO DELISTING DECISION
APPEALED.  SEE 4:20/08.

CORPS GETS FUNDS TO NOTCH ELK RIVER
DAM.  SEE 4:20/14.

AND MORE.......
#########################################################
4:20/01. WORLD FISHERIES DAY 2001 - BENEFITS,
DONATIONS, RESOLUTION HONORING ONE OF HUMANKIND'S
OLDEST ENDEAVORS:  Wednesday, 21 November, marks World
Fisheries Day this year with a number of different events planned
around the globe. In the U.S., the Marine Fish Conservation Network
(MFCN) has promoted a number of radio shows, including spots on
National Public Radio discussing the importance of fishing (for more
information, go to: www.conservefish.org).  In response to the 11
September terrorist attacks in New York City and Washington, DC, the
Cape Cod Commercial Hook Fishermen's Association is sponsoring a
World Fisheries Day related concert on Saturday, the 17th, to benefit the
survivors of the seafood restaurant victims from the World Trade
Center.  Another example is in Maryland, where Phillips Seafood and
the Baltimore County Watermen's Association will be delivering 500
pounds of fish to three homeless shelters in Baltimore on the 19th
commemorating World Fisheries Day. In California, the state
Legislature has adopted a resolution, authored by Assembly member
Virginia Strom-Martin (D-Duncan Mills), celebrating World Fisheries
Day.  

The November issue of The Fishermen's News features an article on
World Fisheries Day (go to: www.pcffa.org/fn-nov01.htm).  Finally,
U.S. Representative Nancy Pelosi (D-CA), the House Democratic Whip,
has a draft resolution in the Congress to formally recognize 21
November as World Fisheries Day (for more information, go to:
sf.nancy@mail.house.gov). Also go to PCFFA's website at:
www.pcffa.org for further information on the day designated to
celebrate one of humankind's oldest endeavors.

4:20/02. PANETTA AT FISH EXPO - TELLS FISHERMEN TO
GET TOGETHER AND "KICK ASS":  Former U.S. Congressman and
White House Chief of Staff, Leon Panetta, who now chairs the Pew
Oceans Commission, addressed FISH EXPO on 16 November (see
Sublegals, 4:19/09), describing to the assembled group the myriad of
threats facing the ocean environment and telling fishermen they need to
get together in order to have their voice heard.  Among the threats to the
oceans and its fishes he raised were non-point pollution sources that are
causing dead zones in the Gulf of Mexico and elsewhere, the growing
number of invasive species in the nation's waters, and the population
growth along the U.S. coasts threatening wetlands and other habitats as
well as water quality.  He expressed his preference for some form of
ocean governance that would bring all parties to the table using the
process being used among six states around the Chesapeake Bay as a
possible model. He also underscored the need to have fishermen at the
table.

"You've got to fight for your industry," Panetta told the fishing
group. "Nationwide, this industry has never gotten its act together, and if
you did, you could be a force. When you're one voice and you represent
one powerful constituency in the country and you go to the people in
Washington, you can begin to have an impact."   He then went on to say
that fishermen have to be prepared to "kick ass" to protect their
resources and their livelihoods. Seafood importers, exporters,
distributors and others in the shoreside sector are represented by the
National Fisheries Institute. However, there is currently no national
organization of commercial fishermen in the U.S.                                      

Unlike the federal U.S. Commission on Ocean Policy, the
20-member Pew Commission includes representatives from the
commercial and recreational fishing industry, including PCFFA
President Pietro Parravano.  The Pew Commission is also regarded as
the more balanced of the two groups currently addressing national ocean
policy.  The 16-member U.S. Commission, nominated by Congress and
appointed by the President, is viewed as pro-offshore oil and
pro-aquaculture.  The next meeting of the Pew Commission is scheduled
for the week of 26 November in New York City.  It will hold a public
hearing on Thursday, the 29th, from 1400-1700 HRS at the American
Museum of Natural History, Central Park West at 79th Street while in
New York.  The Pew Commission, which has already published reports
on pollution, aquaculture, and marine invasive species (go to:
www.pewoceans.org), will issue its final recommendations on ways to
control marine pollution, restore fisheries, protect coastal habitats,
and sustain marine life to Congress and the nation in the fall of 2002.
For more information on the New York meeting, contact Justin Kenney
at: kenneyj@pewoceans.org.

The U.S. Commission on Ocean Policy, meanwhile, held its second
meeting on 13-14 November in Washington, DC.  Starting more than a
year after the Pew Commission began its work, the federal commission
will begin a series of nine regional meetings.  It has agreed to a tentative
schedule for these meetings in 2002, starting with Charleston, South
Carolina 14-16 January. Meetings are also currently
scheduled to be held in Tampa Bay in February, New Orleans in March,
Los Angeles in April, Honolulu in May; Seattle in June, Boston in July,
Anchorage in August, and Chicago in September.  For more
information, contact Robert Hansen at: Robert.C.Hansen@noaa.gov.

4:20/03. IMPASSE ON DUNGENESS CRAB PRICE KEEPS
CENTRAL CALIFORNIA SEASON CLOSED; CONGRESS
EXTENDS STATE EEZ AUTHORITY OVER FISHERY:  The Central
California Dungeness Crab season (Sonoma County south) that was set
to start on Thursday, the 15th, has been delayed as a result of a price
disagreement between crabbers and processors on an ex-vessel price
(see Sublegals 4:19/01).  Crab marketing associations have asked for a
market order price of between $2.25 and $2.50 per pound, while
processors have offered an ex-vessel price of $1.75 per pound.  If the
stalemate continues, it could jeopardize the Thanksgiving market.

In the meantime, Congress has approved language, as part of the
Commerce-Justice-State appropriation package (HR 2500 - see 4:20/04
below), on 15 November, to extend state jurisdiction over the
Dungeness crab fishery in the federal Exclusive Economic Zone (EEZ)
offshore California, Oregon and Washington through 30 September
2006.  The bill was sent to the President 16 November. This language
continues existing authority by the states over this fishery out to 200
miles; however, the issue may be taken up again prior to 2006 in the
reauthorization of the Magnuson-Stevens Fishery Conservation &
Management Act.

4:20/04. COMMERCE-JUSTICE-STATE APPROPRIATIONS
BILL SENT TO PRESIDENT, $3.3 BILLION FOR NOAA, AFA
AMENDED GIVING POLLOCK TO CATCHER/PROCESSORS,
RELIEF FOR PACIFIC COAST GROUNDFISH FISHERMEN: On
Thursday, 15 November, the Senate gave final approval on a 98-1 vote
to the 2002 Commerce-Justice-State appropriations bill, HR 2500
(House Report 107-298) and sent the $39.4 billion spending package to
the President the following day.  According to a 15 November
WorldCatch News Network report, it includes $3.25 billion for the
National Oceanic & Atmospheric Administration (NOAA) - a budget
figure comparable to Senate and House-approved funding for the
Commerce agency and just above the President's request of $3.15
billion.  The National Marine Fisheries Service (NMFS), however, took
a significant cut in conference committee. The House passed $729
million for the federal fishery agency, the Senate passed $668 million
and conferees reported $579.2 million. The President requested $734
million, and the FY '01 enacted level was $815 million. Some of the cuts
came in the area of stock assessments. Conservation programs get
$439.2 million in the conference report, the weather programs are fully
funded and the Pacific Coastal Salmon Recovery Fund received the full
request of $110 million. For more information, go to:
www.worldcatch.com.

On 15 November, the Senate also passed the 2002 Agriculture
appropriations bill. The $75.9 billion funding bill, HR 2330, (House
Report 107-275) passed on a 92-7 vote; it had already cleared the House
on the 13th. It includes $961 million for the Natural Resources
Conservation Service (NRCS), compared with the administration's
request for $927 million. NRCS is involved in a number of salmon
habitat restoration programs in California, Oregon and Washington.         

In addition to the language extending state jurisdiction in the EEZ
over the Dungeness crab fishery, the Commerce-Justice-State funding
package includes $15.58 million designed to assist the Pacific Coast
groundfish fleet - money that had been sought by Senators Ron Wyden
(D-OR) and Patty Murray (D-WA).  According to a report in the 15
November Daily Astorian, more than $4 million of that funding is aimed
at placing observers directly on board fishing vessels to help compile
more accurate catch information and track bycatch. Other groundfish
backing found in the Conference Report includes:

* $1.5 million for direct disaster assistance to fishermen who suffered
financial losses.

* $1 million for Oregon's Groundfish Disaster Outreach - a program that
helps fishermen transition out of the industry and into new fields of
employment.

* $5.22 million for ongoing research on West Coast groundfish.

* $2 million for cooperative groundfish research.

The most controversial provision of the C-J-S 2002 funding bill is the
rider inserted by Senator Ted Stevens (R-AK) amending Section 213 of
the American Fisheries Act (P.L. 105-277) deleting the 30 September
2004 sunset date and giving exclusive rights to the Seattle-based
catcher-processor fleet and native corporations holding community
development quotas (CDQs) that were initially allocated Bering Sea
pollock for a 5-year period to implement American ownership of the
pollock catch. The rights to harvest this fish stock are worth $700
million annually.  The AFA was already controversial with many in the
fisheries who viewed it as a rip-off of taxpayers and much of the fishing
community to profit a few large well-connected (e.g., former Senate
staffers now in the employ of the fishing companies) fish harvesting and
processing companies.

4:20/05. PACIFIC COAST WHITING CATCHER/PROCESSOR
FISHERY CLOSES FOR YEAR: On 13 November, the National
Marine Fisheries Service (NMFS) announced the closure of the 2001
catcher/processor fishery for Pacific whiting (hake) effective 1800 HRS
that day, pursuant to 50 CFR, Part 660. The closure will be in effect
until the beginning of the 2002 season.  NMFS is accepting comments
on the action until 3 December.  For comments, contact Rod McInnis,
Acting Regional Administrator, Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213. For more
information, call Becky Renko at (206) 526-6110.

4:20/06. AUSTRALIAN SEAFOOD CONFERENCE TO FEATURE
PAPER ON TRAWL FISHERY RESTRUCTURING AND BUY-OUT:
"Seafood Directions 2001," Australia's national seafood conference, that
will be held 27-29 November this year in Brisbane, Australia, will
feature a paper on the restructuring and license buy-out implemented
this year in the Queensland East Coast Trawl Fishery.  The program
resulted in the removal of one-third of the 750 licenses and boats that
were authorized to fish in that fishery as of 1 January 2001, according to
Ted Loveday, Chief Executive Officer of the Queensland Seafood
Industry Association.  One hundred (100) of these licenses were
removed on 1 Jan 2001 through a $20 million (AUS) license buy-out
and another hundred licenses have been permanently removed since then
through mechanisms in the new Queensland East Coast Trawl
Management Plan (ECTP) that was implemented in conjunction with the
license buy-out.  There are now a little over 500 licenses and boats
remaining in the fishery and this number is continuing to decline, says
Loveday. For more information on the conference or to receive a copy
of the paper, go to: www.seafoodsite.com.au/seafooddirections.

On a related issue, the November edition of The Queensland
Fisherman, features a new fisheries policy developed by the Australian
Seafood Industry Council (ASIC) that it circulated prior to that nation's
recently conducted federal elections (pp.20-25).  The policy may be of
interest to U.S. and Canadian fishermen and others in the fisheries. For
more information, go to: www.asic.org.au.

4:20/07. FISH CONSUMPTION SUBJECT OF ENVIRONMENTAL
JUSTICE MEETING IN SEATTLE: "What is the relationship between
water quality, fish consumption and environmental justice?" will be the
focus of the National Environmental Justice Advisory Council (NEJAC)
meeting scheduled for 3-6 December in Seattle.  A public comment
period dedicated to the focused policy issue is scheduled for Tuesday
evening, 4 December from 1900-2100 HRS.

The NEJAC was established to ensure that the U.S. Environmental
Protection Agency (EPA) receives the viewpoints of diverse
stakeholders on issues related to environmental justice. The NEJAC
consists of 26 members representing community groups; industry; state,
local and tribal governments, and both government and non-government
organizations. For more information on the Seattle meeting, go to:
http://es.epa.gov/oeca/main/ej/nejac/conf_ne.html, or call the toll-free
NEJAC Hotline at: (888) 335-4299.

4:20/08.  OREGON COHO DELISTING DECISION APPEALED:
U.S. Court of Appeals Judge Michael Hogan ruled 16 November that a
coalition of fisheries and conservation organizations, including both
PCFFA and IFR, had a right to intervene in the Alsea Valley Alliance v.
NMFS case (see Sublegals 4:19/05; 4:18/02) for purposes of appealing
to the U.S. Ninth Circuit Court of Appeals Hogan's Oregon coastal coho
Endangered Species Act (ESA) delisting decision.  An appeal was
immediately filed with the Court of Appeals, together with a request for
a stay of Judge Hogan's decision.  A stay, if granted, would reinstate
coho ESA protections for the central Oregon population until either the
appeal could be heard or the case becomes moot with the National
Marine Fisheries Service (NMFS) changes in its policy concerning
inclusion of hatchery fish within the genetic conservation unit (the ESU
or 'evolutionarily significant unit') that the ESA listing protects.  

The basis of intervention was that NMFS is no longer representing
the interests of fish protection interests because it failed to ask for a stay
and failed to take an appeal.  Instead of doing either, and faced with
landowner petitions for the delisting of nearly every listed salmonid on
the west coast based on that ruling, NMFS decided to undertake a
complete review of its policy with regard to ESA classification of
hatchery fish under the ESA.  Planned hearings will begin in February of
2002 running for a period of 60 days, with a projected decision date in
September 2002.  NMFS then plans a status review of all listings that
might be affected by any changes in the policy.  At that time, at least
two years down the road, NMFS may then propose relisting of the
Central Oregon coho, leaving them completely unprotected under the
ESA in the interim.  For details on the NMFS review see:
http://www.nwr.noaa.gov/occd/occd.html.     The decision on the request
for a stay of Judge Hogan's trial court order must be made by 10
December.  For more information on the Intervener's petition, contact:
Patti Goldman or Kristen Boyles, EarthjusticeLegal Defense Fund, (206)
343-7340.  For the full Oregonian story see:
http://www.oregonlive.com/printer/printer.ssf?/xml/story.ssf/
html_standard.xsl?/base/news/10060017576527191.xml

4:20/09. EIGHTH ANNUAL SALMON RUN: Okay, it's only a 5k
run and 3k walk, but this is not the Sacramento, the Columbia or the
Fraser where we'd demand a marathon, or the Yukon or the Amur where
an ironman triathlon would be required.  It's for the Ventura River and
it's a good cause. The Matilija Coalition, a local non-profit dedicated to
restoring the Ventura River in southern California (it once supported
major coho and steelhead populations), is sponsoring the run as part of a
fund-raiser on Sunday, 18 November.  Fish passage on the Ventura
River has been blocked for decades by the now silted-in Matilija Dam,
and both fish conservationists and surfers are working to remove the
dam and restore the river.  The Institute for Fisheries Resources, in fact,
is under contract with the California Coastal Conservancy to develop a
plan for the ancient Matilija structure.  For more information on the
event, that is being co-sponsored by Patagonia and Great Pacific Iron
Works, among others, contact: Paul Jenkin, Environmental Director,
Surfrider Foundation Ventura County Chapter Coordinator, Matilija
Coalition at: paul@matilija-coalition.org.

4:20/10. HATCHERY SALMON SURPLUSES ADD TO FOOD
BANKS FOR THANKSGIVING HOLIDAY: In addition to fish
donations being made by fishing groups to food banks around World
Fisheries Day and the U.S. Thanksgiving holiday, fish hatcheries
throughout the Northwest are making surplus hatchery fish available for
shelters and others serving the needy this year. WorldCatch News
Network reports that about 80,000 pounds of frozen fillets have been
distributed to food banks across the Washington State so far this year.
Twenty-thousand pounds have come to Second Harvest of the Inland
Northwest, with another 20,000 pounds on the way. While the Chinook
and pink runs are done for the year, some coho are still making their
way to hatcheries, and the chum season is just getting started. Last year,
food banks in Washington distributed 140,000 pounds of fillets. In
Oregon, the state is planning to hike its hatchery contributions to the
hungry and needy, with a truckload of about 40,000 pounds of frozen
salmon fillets for the Oregon Food Bank. The shipment is the first of
several totaling about 140,000 hatchery fish which will provide around
500,000 meals to needy Oregonians this fall. For more information, go
to: www.worldcatch.com.

4:20/11.  BUSH ADMINISTRATION REMOVES MINING
CLAIMS BAN IN SOUTHERN OREGON SALMON STREAMS:
Reversing one of the last Clinton Administration initiatives, Secretary of
Interior Gale Norton is lifting the current ban on filing new mining
claims within the Siskiyou National Forest in some of the west coast's
last remaining good salmon and steelhead spawning habitat in southern
Oregon.  The ban, imposed for a two year period by outgoing Secretary
of Interior Bruce Babbitt on 23 January 2001, was intended to pave the
way for further protections of these public lands primarily for their
habitat and wildlife value, but Babbitt failed to protect these key river
systems under a national monument designation, citing lack of time.
Conservation and fisheries groups in the area have been pressing for the
designation of these public lands as a 'Six Rivers National Monument'
for several years, a proposal also backed by PCFFA and several other
fisheries groups because of the need for protection of key salmon and
steelhead streams.  Monument status would have provided maximum
protection for critical salmon and steelhead habitat on these public
lands.  There are already more than 1,000 mining claims in the Siskiyou
National Forest, and under the much criticized 1872 Mining Act any of
these mining claims could be developed with little regard to
environmental impacts and with no royalties payments to the US
Treasury.  Oregon Governor John Kitzhaber, Oregon Senator Ron
Wyden and Representative Peter DeFazio, in whose Congressional
district these lands sit, all favored the original mining claim moratorium,
but Oregon Senator Gordon Smith has opposed any additional protection
for those areas.  Local mining advocates argued that the rivers should
remain open to mining 'in light of current national security concerns.'
For more information about efforts to protect the southern Oregon
coastal river systems and the 'Siskiyou Wild Rivers' proposal see:
http://www.siskiyou.org.

4:20/12. CONSERVATIONISTS SEEK TO BLOCK SALE OF
MAINE SALMON FARM TO DUTCH COMPANY: Plans by a Maine
aquaculture operation, Heritage Salmon, to sell out to the Dutch Seafood
giant, Nutreco, have run afoul of local conservation groups who are
currently in federal court in Bangor suing Heritage for operating its
farms in violation of the U.S. Clean Water Act (CWA).  U.S. Public
Interest Research Group (U.S. PIRG) has asked Maine Department of
Marine Resources Commissioner George LaPointe to block any transfer
of the farms under Maine law. "For nearly a decade, Heritage has
violated the federal Clean Water Act with impunity, and has also failed
to live up to the requirements of its state leases," said Joshua R. Kratka,
senior attorney at the National Environmental Law Center (NELC).
"The State of Maine should not transfer these leases of public lands to
yet another multinational fish-farming conglomerate without first
assuring that any new salmon farm operator will comply with state and
federal environmental laws."  Heritage Salmon is a division of George
Weston, Ltd., the Canadian supermarket conglomerate.

In a 2 November letter, U.S. PIRG's attorneys requested that
LaPointe deny a transfer of Heritage sites to any new owner until the
new owner guarantees that environmental safeguards will be put in
place.  Such safeguards include measures to prevent fish escapes and the
spread of disease to wild salmon, to minimize the use and release of
toxic chemicals, and to ensure that salmon farm wastes do not create
"dead zones" on the ocean bottom beneath and around the farm sites.
Heritage, like other salmon farm owners in Maine, operates its farms on
submerged public lands.  It leases these lands from the state, and must
abide by the terms of its leases.  State law prohibits the transfer of a
lease if, among other things, the operations of the new lessee would
"unreasonably interfere with the ability of the lease site and surrounding
areas to support existing ecologically significant flora and fauna."  For
more information, contact Joshua Kratka at: (617) 422-0880.

4:20/13. DISMAL FORECAST FOR BRISTOL BAY SOCKEYE:
The Associated Press reported on 15 November that the Alaska
Department of Fish & Game (ADFG) is predicting a run of 16.8 million
sockeye this next season for Bristol Bay, with approximately 9.7 million
reds available for harvest. The University of Washington predicted just
slightly more fish in its forecast. The forecast pales in comparison to the
average 25 million reds fishermen have netted in the bay over the last 20
years. Last year's catch was about 14 million fish. Alaska Governor
Tony Knowles has declared a disaster in the region three out of the last
five years due to low salmon returns or prices, and next summer is
setting up to be possibly worse still. In addition to production, prices too
have been depressed; last season fishermen took home only 40 cents a
pound, the lowest price since 1975, because of increasing competition
from foreign fish farms. Many fishermen doubt prices will improve next
summer. And many might just stay home. Last summer, about 15
percent of Bristol Bay's 1,800-plus boat fishermen and 900 beach
fishermen stayed away.

4:20/14. CONGRESS GIVES ARMY CORPS FUNDS TO BEGIN
NOTCHING ELK CREEK DAM TO ALLOW SALMON PASSAGE:
The Eugene Register-Guard reported 16 November that the U.S. Army
Corps of Engineers (COE) has received $2 million from Congress to
begin notching the half-finished Elk Creek Dam to allow salmon
passage on this tributary of Oregon's Rogue River. Elk Creek Dam was
first authorized by Congress in 1962 as part of a three-dam flood-control
project for the Rogue River. Construction was halted at the halfway
point in 1987 after a federal injunction was issued based on the COE's
failure to assess impacts on Rogue River salmon.  Since 1987 crews
have been trapping salmon and steelhead at the base of the dam, hauling
them in trucks upstream, and releasing them to reach spawning habitat.
The trap-haul system cost $8 million/year, and federal biologists have
warned that in the long run threatened coho salmon would not survive.
In 1995, COE abandoned the project after spending $100 million. Two
years later it proposed partial demolition to enhance fish passage, but
local opposition kept the Corps from going ahead. PCFFA, IFR and
other organizations then sued to have the dam removed under the federal
Endangered Species Act. The $2 million will cover work through the
fiscal year ending next September. COE plans to sign up a contractor for
the work in January and have it completed by October, in time for
spawning coho salmon to swim through the notch to good spawning
habitat upstream. See: http://www.registerguard.com/news/
Wire/N0076OR--ElkCreekDam.html.

4:20/15. MIAMI TO HOST FISHERIES SCIENCE SUMMIT: The
world's leading fisheries experts will meet 26-30 November at the
University of Miami's Rosenstiel School of Marine & Atmospheric
Sciences for the first "World Conference on the Scientific and Technical
Bases for the Sustainability of Fisheries," according to a report 16
November by WorldCatch News Network.   Scientists representing key
fisheries across the globe will present research that addresses some of
the critical challenges imposed by the increasing worldwide demand for
fish and other seafood; one billion people depend on fish as their main
source of animal protein and many more consume seafood as part of a
healthy diet. The 5-day conference is intended to bring together current
scientific knowledge to compare and contrast case studies of many of
the world's major fisheries. Fisheries assessment and management
experts on tuna, billfish, reef fish, anchovies, sharks, hakes, cod,
lobsters, shrimps, abalone, orange roughy and other fishes will provide
their global perspective on the successes and failures in fisheries as a
means to try to develop an international consensus on the management
priorities for sustainability.

"Our ultimate goal is to define how we can use our ocean resources
in a sustainable way," said Nelson Ehrhardt, professor of marine biology
and fisheries at the Rosenstiel School and conference organizer. "To
meet the world's demand for fish, while reducing the decline of existing
stocks, we must manage fish stocks by leaving enough fish so that they
can breed and maintain their populations and also protect essential
habitats, given environmental variability and uncertainty."

The World Conference is sponsored by the Rosenstiel School's
Center for Sustainable Fisheries. The final outcome of this conference
will be a publication containing case studies as well as the discussions,
conclusions and recommendations presented by the participants. This
publication is intended by the sponsors to become the guide for policy
institutions, commercial entities and non-governmental organizations to
use as a reference on scientific and technical matters regarding the
sustainability of fisheries. For more information, go to:
http://www.rsmas.miami.edu/groups/cfsf/2001conf.

NEWS, COMMENTS, CORRECTIONS: Submit your news items,
comments or any corrections to Allison Vogt, Editor at:
ifrfish@pacbell.net or call the IFR office with the news and a source at
either: (415) 561-FISH (Southwest Office) or (541) 689-2000
(Northwest Office).
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--part1_41.1445761d.292d8599_boundary-- From FISH1IFR@aol.com Thu Nov 29 23:24:05 2001 Received: from imo-r02.mx.aol.com (imo-r02.mx.aol.com [152.163.225.98]) by straylight.primelogic.com (8.11.6/8.11.1) with ESMTP id fAU7O4N50707 for ; Thu, 29 Nov 2001 23:24:04 -0800 (PST) (envelope-from FISH1IFR@aol.com) Received: from FISH1IFR@aol.com by imo-r02.mx.aol.com (mail_out_v31_r1.9.) id e.25.1f102b4b (3974) for ; Fri, 30 Nov 2001 02:19:20 -0500 (EST) Message-ID: <25.1f102b4b.29388cf7@aol.com> Date: Fri, 30 Nov 2001 02:19:19 EST To: fishlink@straylight.primelogic.com MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="part1_25.1f102b4b.29388cf7_boundary" X-Mailer: AOL 6.0 for Windows US sub 10536 From: fishlink-admin@straylight.primelogic.com Subject: [Fishlink] ~~>FISHLINK SUBLEGALS 11/23/01<~~ Sender: fishlink-admin@straylight.primelogic.com Errors-To: fishlink-admin@straylight.primelogic.com X-BeenThere: fishlink@straylight.primelogic.com X-Mailman-Version: 2.0.6 Precedence: bulk Reply-To: bit-bucket@straylight.primelogic.com X-Reply-To: fishlink@straylight.primelogic.com List-Help: List-Post: List-Subscribe: , List-Id: Fishlink is a joint fisheries information news service of Pacific Coast Federation of Fishermen's Associations (PCFFA) and the Institute for Fisheries Resources (IFR). List-Unsubscribe: , List-Archive: --part1_25.1f102b4b.29388cf7_boundary Content-Type: text/plain; charset="US-ASCII" Content-Transfer-Encoding: 7bit sub4-21.txt ########################################################## ~~>FISHLINK SUBLEGALS 11/23/01<~~ ########################################################## A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS VOL. 4, NO. 21 23 NOVEMBER 2001 ########################################################## IN THIS ISSUE....... CENTRAL CALIFORNIA DUNGENESS CRAB FISHERY REMAINS CLOSED IN PRICE DISPUTE. 4:21/01. COAST GUARD FINDINGS IN MISS BRITTANY ACCIDENT. 4:21/02. WASHINGTON STATE JUDGE OVERRULES COUNTY "SALMON PROTECTION" PLAN. 4:21/05. TANKER ACCIDENT HIGHLIGHTS NEED FOR COASTAL TANKER PROTECTIONS. 4:21/10. NEW SEABIRD AVOIDANCE REGS PROPOSED IN ALASKA FISHERY. 4:21/16. AND MORE....... ########################################################## 4:21/01. CENTRAL CALIFORNIA DUNGENESS CRAB FISHERY REMAINS CLOSED OVER PRICE DISPUTE, THANKGIVING MARKET LOST: The Central California Dungeness crab fishery remains closed due to an impasse between fish processors and crabbers on an ex-vessel price (see Sublegals, 4:20/03; 4:19/01). Marketing associations representing crab fishermen have submitted market orders for $2.25 per pound, the same opening price as last season, but processors have only been willing to offer $1.85 per pound. Meanwhile one large trawler from Half Moon Bay did go without a market order and delivered 15,000 lbs. of crab into San Francisco's Fisherman's Wharf shortly after the legal opening of 15 November, selling them for $2.40 per pound (this fisherman, John Dooley, had said he would fish for $2.00 per pound, but having been the one boat unwilling to honor the tie-up he ended up with the higher price in a market desperate for fresh product). Aside from Dooley's load the only fresh crab reaching the markets traditionally served by the Central California fishery are those from the Tribal fishery off the coast of Washington. There Tribal fishermen are reportedly getting $2.15 per pound and San Francisco wholesalers are paying $2.55 per pound for their delivered live crab. The willingness of the processors to pay higher prices for the "scab crab" and the Tribal crab from Washington than the price asked for by local fishermen has led some to charge that a few large processors are actively attempting to break the fishing associations. The Northern California (Mendocino County north), Oregon and non-Tribal Washington fishery is scheduled to open on 1 December if a price agreement can be reached. The California Department of Fish & Game has authorized a 64-hour preset for the 1 December opening, pursuant to a request by PCFFA. 4:21/02. COAST GUARD FINDINGS IN MISS BRITTANY ACCIDENT BLAME NEGLIGENCE: The U.S. Coast Guard investigation of the 7 August capsizing of the crab boat Miss Brittany in the Columbia River estuary has concluded that captain negligence, plus failure to wear life jackets, not wave amplification due to mounding of dredge spoils, was the primary cause of the loss of life to two crew members. In findings released 21 November, the Coast Guard noted that the captain of the Miss Brittany was fishing in an area known to be very dangerous at ebb tides, where waves break from three different directions, and was very near the bar. The missing crew members, because of the bulkiness while working on deck, were not wearing life jackets. Rescue crews arrived within 15 minutes, but rescue efforts failed. The Coast Guard ruled out wave amplification in this specific case, considering the direction of the swells. However, boats have been lost in the area in the past because of the wave amplification phenomenon, caused by mounding of dredge spoils dumped in the estuary by the U.S. Army Corps of Engineers (COE). The Columbia River Crab Fishermen's Association (CRCFA) and PCFFA have recently sued the Army Corps over the Corps failure to reduce the wave amplification safety hazard for small fishing boats in the estuary (see Sublegals 4:15/01). For more information on the Coast Guard findings contact: Amy Gaskill, US Coast Guard, (503) 247-4011. 4:21/03. BIG ROCK PROPOSES HYDRO PROJECTS ON TRINITY: Big Rock Power Partners has filed preliminary permits with the Federal Energy Regulatory Commission (FERC) for the construction of two small hydropower projects on the Willow and Old Campbell Creeks in the Trinity River basin. Willow Creek is well known for its whitewater and boaters provide a substantial amount tourism and business for the town of Willow Creek, as well as being a salmon stream. While Big Rock Power maintains that, "The use of small designs results in lesser environmental impact making these projects superior to most other modes of power generation," the Environmental Protection Information Center (EPIC) has found the permits contrary to several federal policies. Both sites are located within the Six Rivers National Forest, meaning that the proposed projects must comply with the Six Rivers Land and Resource Management Plan (LRMP) as well as the Northwest Forest Plan both of which emphasize the protection of in-stream flows and riparian habitat. The two projects are also inconsistent with efforts to restore salmon resources in the Trinity, a major tributary of the Klamath River, in northern California. The Old Campbell Creek project also falls under the jurisdiction of the Wild & Scenic Rivers Act which prohibits the licensing of any dam, water conduit, or reservoir. The Old Campbell Water Project proposes to divert from 5 to 140 cubic feet per second (cfs) through a 2500-foot pipeline. The power plant would have the capacity to generate 3 megawatts of electricity. The Willow Creek Water Project proposes to divert from 10 to 450 cfs also through a 2500-foot pipeline. That power plant would have the capacity to generate 5 megawatts of electricity. More information and the ability to comment on the projects is available on Big Rock Power's website at www.bigrockpower.com. Comments can also be sent to FERC to the attention of James Goris, Regional Director 901 Market Street San Francisco, CA 94103. 4:21/04. FOURTH ANNUAL SALMON OCEAN ECOLOGY CONFERENCE IN JANUARY: The 4th Annual Salmon Ocean Ecology Meeting will take place on 15-16 January, 2002, at the National Marine Fisheries Service (NMFS) Santa Cruz, California Laboratory. Following on previous meetings in Newport, Seattle, and Nanaimo, B.C., this is the fourth in a series of informal meetings designed to foster communication among researchers working on the ocean ecology of Pacific salmonids. The purpose of the meeting will be to highlight work in progress, including presentations of speculative and "not-quite-polished" results. The first day of the meeting will be devoted to the theme "Adaptations of Pacific Salmon to Extreme Ocean Environments." The second day will be devoted to more general ecosystem observations and ecological papers. The first Conference announcement and more information is available on their website at: http://www.pfeg.noaa.gov/events/SalmonMeeting. 4:21/05. WASHINGTON STATE JUDGE OVERRULES COUNTY "SALMON PROTECTION" PLAN, CALLING IT INADEQUATE: The Seattle Post-Intelligencer reported 22 November that Thurston County Superior Court Judge Christine Pomeroy overturned Washington's Skagit County salmon-protection plan for agricultural areas, saying it did not employ the "best available science" in determining the size of streamside buffers. The Judge ruled in favor of the Swinomish Indian Tribe and the Washington Environmental Council, who called the case an important test of what the state will allow in terms of salmon protection buffers. The issue has proved a flash point in agricultural communities, according to the P-I article, because crops cannot be grown inside the buffers. Skagit County proposed a system of buffers that could be expanded. To see the complete article, go to: http://seattlep-i.nwsource.com/local/47785_salm22.shtml. 4:21/06. NATIONAL GUIDANCE ON MEASURES TO PROTECT AND RESTORE WETLANDS AND RIPARIAN AREAS AND ABATE NONPOINT SOURCE POLLUTION AVAILABLE FOR COMMENTS: The U.S. Environmental Protection Administration (EPA) has developed and is requesting