[Fishlink] ~~>FISHLINK SUBLEGALS 12/21/01<~~
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~~>FISHLINK SUBLEGALS 12/21/01<~~
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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. 25 21 DECEMBER 2001
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DISCLAIMER: As part of our new "Search for the Sacrasm, Find the
Fringe" contest, one article in this week's Sublegals is fictitious, a
creation of the Sublegals staff to bring some levity to the usually grave
fisheries news we must report to our readers. The challenge to our
readers is to locate the decoy article and submit your guess to
av_ifr@pacbell.net for a chance to be this week's winner. The
fabricated article will never be one featured in the table of contents and
will always contain the word "fringe" in the body of the article.
Congratulations to Michael Evanson of the Mattole Salmon Group who
correctly identified last week's fringe article, "Seizure of Shrimp Assets
Has Ripple Effect Impacting Seafood Distribution Sector: (Sublegals
4:24/13).
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IN THIS ISSUE.......
NO SENATE FARM BILL THIS YEAR. 4:25/01.
BOXER INTRODUCES SALMON RESTORATION
FUNDING BILL FOR WEST COAST. 4:25/04
TILIPIA FROM NORWEGIAN FISH FARM THREATEN
NICARAGUAN LAKE. 4:24/09.
ALL THE NEWS ON SEA TURTLES. 4:25/11.
U.N. AGREEMENT ON STRADDLING & MIGRATORY FISH
STOCKS RATIFIED. 4:25/13.
AND MORE...
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4:25/01. NO ACTION ON FARM BILL BEFORE
CONGRESSIONAL RECESS: The U.S. Congress went out for its
winter recess on 21 December with no action on the Senate version of
the Farm Bill, S.1731, which was pulled off the Senate floor just the day
before. In its current form, Republicans oppose the bill, principally over
the issue of agricultural subsidies. It is expected to be taken up again
when Congress reconvenes on 19 January. The House earlier passed its
version of the farm bill, H.R. 2646. The legislation is to replace a 1996
Act that will expire in September 2002. Tied up in it is relief for
Klamath Basin farmers (see 4:24/03). Although an agricultural bill,
S.1731 has had a number of amendments proposed to it that would
affect the nation's fisheries. Those amendments include:
* An amendment proposed by Senator Michael Crapo (R-ID) to delete a
provision in the bill allowing the government under the Conservation
Reserve Program to acquire water rights from farmers for conservation
purposes. An amendment requiring authorization by the governor of the
state where such a transfer was to occur had earlier been added to the
bill. The National Farm Bureau opposes the conservation language and
is lobbying for the Crapo amendment.
* An amendment (SA 2513) proposed by Senator Christopher Bond
(R-MO) would have given the President broad authority to waive
environmental laws, including those necessary for the protection of fish
stocks and, consequently, fishing jobs. The Bond amendment would
have directed the Department of Agriculture (USDA) to review all
proposed agency actions to see whether a proposed agency action, such
as protecting listed species, would have a significant adverse economic
impact on farmers or jeopardize the safety of farmers, as well as give the
President the power to override virtually any federal law. It failed by a
vote of 54-43.
* An amendment (SA 2514) by Senator Gordon Smith (R-OR)
containing "takings" language is still pending; it would compensate
farmers with disaster relief funds by broadening "disaster" to include
any financial impacts of complying with federal laws such as the
Endangered Species Act (ESA). The rider would take money from
farmers who desperately need compensation from crop loss due to true
natural disasters. The takings compensation's high cost would weaken
enforcement of environmental laws, including those to conserve fish
resources.
* An amendment (SA 2471) by Senator Ted Stevens (R-AK) would
transfer authority for organic fish standards to the U.S. Department of
Commerce (DOC) and direct the agency, which contains the National
Marine Fisheries Service (NMFS), to establish regulations for organic
certification of fish. The Stevens amendment is in response to the
USDA's National Organics Standards Board (NOSB) action in October
denying organic certification for wild fish, but allowing aquaculture
products to be certified as organic (see Sublegals, 4:16/08; 4:14/06;
4:14/07).
Stevens is pushing his language at the behest of Alaskan and other
U.S. fishermen concerned with USDA's current double standard on
organic labeling, i.e., honey from wild bees and free range beef can be
labeled as organic, but wild fish are ineligible. PCFFA has suggested
USDA either make its labeling requirements consistent or allow for an
"organic equivalent" type of label that could be used by any aquatic
products - wild, cultured or farmed. The Alaskan Senator has indicated
that he will not bring up his amendment for a floor vote in the Senate if
the bill managers insert statutory language in the final bill concerning
the establishment by the Secretary of Agriculture of organic standards
for wild caught fish. The Senate bill also contains a requirement for
"country of origin" labeling of farm and fish products, but that language
is not as comprehensive as that inserted by Senator Frank Murkowski
(R-AK) in the Trade Adjustment Assistance Act (see Sublegals,
4:24/01) that will be taken up next year.
4:25/02 HOUSE ACTS ON ONE FISHERY BILL;
MAGNUSON-STEVENS ACT DEBATE WAITS UNTIL NEXT
YEAR: On 11 December, the U.S. House of Representatives passed
H.R. 1989, the Fisheries Conservation Act, which extends funding for
six of the nation's fishery laws. The measure, by Congressman Wayne
Gilchrest (R-MD), authorizes $14.88 million in 2002 and will provide
up to $16.395 million through the 2003-2006 period in gradual steps.
The bill extends authority or appropriations for: the Anadromous Fish
Conservation Act; the Atlantic Striped Bass Conservation Act; the
Atlantic Coastal Fisheries Cooperative Management Act; the Atlantic
Tunas Convention Act; the Northwest Atlantic Fisheries Convention
Act; and the Interjurisdictional Fisheries Act of 1986. For more
information, contact Representative Gilchrest's office at
www.house.gov/gilchrest or see: http://thomas.loc.gov.
Action, meanwhile, on reauthorizing the nation's major fisheries
statute, the Magnuson-Stevens Fishery Conservation & Management
Act, 16 USC 1801, et seq., will not be taken up until after Congress
reconvenes next year. Most of the focus is expected to be on
Congressman Sam Farr's (D-CA) Fisheries Recovery Act, H.R. 2570,
that strengthens existing language on the prevention of overfishing,
reducing bycatch and protecting habitat. It also would redirect
Saltonstall-Kennedy Act (S-K) funds to assist fishermen to modify or
develop more selective fishing gear and gear that does not harm fish
habitat. For more information, contact Representative Farr's office at:
samfarr@mail.house.gov.
4:25/03. KLAMATH AID PACKAGE FIZZLES AS FARM BILL
DERAILED BY RIDERS: The carefully crafted funding compromise
(see Sublegals 4:24/06), that would have directed $175 million in
restoration funds to the Klamath Basin over the next five years, is now
included in the Manager's Amendment to the Senate version of the
federal Farm Bill, S.1731. The bill itself, however, was tabled by
inability to get the required 60 votes for "cloture" to end debate and to
overcome a filibuster threat (see Sublegals 4:25/01 above). The
Klamath Water Users' Association objected to the language, which
otherwise had broad support, because it failed to contain any guarantees
of water deliveries. Federal agencies have taken the position that such
guarantees would be illegal and make it impossible to meet other federal
government obligations to fisheries and Tribes in dry years. The whole
controversy now moves over to next year, with long promised Senate
Environment & Public Works Committee hearings on these issues not
yet scheduled. For the full bill and amendment language see:
http://thomas.loc.gov.
4:25/04. BOXER INTRODUCES SENATE SALMON FUNDING
BILL: On 13 December, U.S. Senator Barbara Boxer (D-CA) formally
filed a separate Senate alternative version of the salmon recovery
funding bill by Representative Mike Thompson Bill (D-CA), H.R. 1157,
which passed the House of Representatives on 13 June by a vote of 418
to 6. The Boxer bill, slightly different from Thompson's bill (now also
in the Senate), is also called the "Pacific Salmon Recovery Act," S.
1825, and would allocate 85 percent of up to $350 million/year for five
years to five west coast states (Alaska, California, Oregon, Washington
and Idaho), with the additional 15 percent divided among many Tribes,
as a federal share of state-based salmon restoration efforts in those
states. The bill was co-sponsored by Senators Dianne Feinstein (D-CA),
Ron Wyden (D-OR), Gordon Smith (R-OR), Larry Craig (R-OR) and
Mike Crapo (R-ID). Idaho wants some of the salmon restoration money
to deal with its Snake River salmon issues. Currently Congress is
appropriating these funds on an ad hoc basis (omitting Idaho) and,
though independent statutory authority is technically not required,
putting authority on record with a strong vote in Congress would
institutionalize the federal salmon recovery funding program and give it
an advantage in future budgeting conflicts, likely if current projections
that the U.S. federal budget will slide into deficits over the next few
years are correct. The bill can be reviewed by bill number search at:
http://thomas.loc.gov.
4:25/05. FRAGMENTATION, MISMANAGEMENT AND
RACISM BLAMED FOR DEEP SEATED KLAMATH WATER
WARS: In a new report, "Water Allocation in the Klamath Basin: An
Assessment of Natural Resource, Economic, Social and Institutional
Issues," jointly prepared by scientists from Oregon State University
(OSU) and the University of California, researchers looked at this
summer's water disputes in context, and blamed a long history of
geographic and agency fragmentation, decades of federal and state
agency mismanagement and deep polarization exacerbated by racism
toward the Klamath Tribes (and further inflamed by this year's
sensationalist media coverage) as among the driving causes for Upper
Klamath Basin water allocation disputes during this year's record
drought.
The OSU report also estimated the total economic damages from this
year's Klamath Basin drought and the consequent water cutbacks, some
mandated by the Endangered Species Act (ESA) and Tribal rights
obligations of the federal government, and concluded that only about
2,000 jobs were affected (about 3.5 percent of Upper Klamath Basin
total employment), and about $71 million in total farm income was
actually lost, a figure that is less than one-third of claims by the
agricultural community. Klamath Irrigation Project water deliveries this
year were actually in excess of 245,000 acre-feet, or about 57% of the
30-year average. However, the OSU damages figure still exceeds
estimates published in an earlier report by the natural resource
economics firm ECONorthwest, which pointed out that a long history of
worldwide agricultural market commodities declines and wasteful water
practices within the Upper Klamath Basin have also lead to most farms
in Klamath County being only marginally profitable, with a total farm
income now averaging only $35/acre (see Sublegals 4:19/06). The two
reports have yet to be reconciled, and use very different methodologies.
(Also see Sublegals 4:24/07; 4:15/07; 4:14/04; 410/06; 4:09/04; 4:08/05;
4:07/02; 4:04/11; 4:03/05; 4:02/01; 4:01/01; 3:26/05; 3:25/05; 3:24/01;
3:20/01; 3:17/02; 3:15/07; 3:14/01; 3:13/02).
The 20 December Oregonian carried an extensive story on the report,
available online at: http://www.oregonlive.com/printer/printer.ssf?/
xml/story.ssf/html_standard.xsl?/base/news/100885296326534220.xml
or by a search in their archives from: http://www.oregonlive.com. The
301 page OSU report is at: http://eesc.orst.edu/klamath. Public
comments on the OSU report will be taken as part of a draft review
process until 25 January 2002, with the final report anticipated to be
released 25 March 2002. By way of comparison, the ECONorthwest
report is at: http://www.salmonandeconomy.org/pdf/KlamathWater.pdf.
4:25/06. NEW CALIFORNIA DEEPWATER PORTS PROPOSED:
Stand alone legislation, or perhaps a floor amendment to Representative
Ken Calvert's (R-CA) CALFED bill, H.R. 1985 (see Sublegals 4:12/08)
is expected to be introduced by a bi-partisan coalition of California
House members (reported to be Republicans John Doolittle, Wally
Herger and George Radanovich, and Democrats Gary Condit and Calvin
Dooley) to provide the authorization and appropriations for the study
and preliminary work toward creating inland deepwater ports at Shasta
and Friant dams as well as necessary dredging below and above the
dams. A spokesman for one of the Congressional offices, speaking off
the record, said new transportation modes were desperately needed both
to serve commute traffic with ferries to far-off suburbs as well as
remove some large trucking from the highways by shipping more of
California's agricultural products from the Central Valley by tug and
barge. "Lewiston, Idaho has been our inspiration for all of this and, who
knows, it could even allow us to build more dams, just like those on the
Snake," said the spokesman. "Let's see those FRINGE environmental
and fishing groups stop that." PCFFA Executive Director, Zeke Grader,
said that given CALFED's intent to destroy the San Francisco Bay
estuary with more freshwater diversions, his group might not object if
the estuary were relocated to the eastern part of the Delta and eel grass
beds and oyster reefs were established and a Dungeness crab hatchery
built. To see the Calvert CALFED bill, H.R. 1985, go to:
http://thomas.loc.gov.
4:25/07. SALMON FOOD COLORING AND DRUGS: WorldCatch
News Network reported on 6 December that the demand for the
carotenoid astaxanthin, a food coloring used in salmon farming, is
uncertain as the salmon industry undergoes a serious downturn. The
problems of the fish faming industry are having a direct effect on the
astaxanthin market, since the aquaculture feed industry is by far the
largest market for the carotenoid. Astaxanthin is primarily used to give
farm-bred salmon a 'natural' pink color, but as farmers come under cost
of production pressures, they may choose to greatly reduce use of the
carotenoid. Leo Hepner of UK-based L. Hepner & Associates says that
"Astaxanthin represents a significant portion of fish feed costs, so unless
a customer insists on having it, it is the first to go." The poor health of
the fish market stems from a host of factors. There is an oversupply of
farmed salmon that has pushed salmon prices to an industry low. The
rising cost of raw ingredients for the feed is adding to farmers' pain.
Further, a viral disease plagues the fish farming industry.
WorldCatch also reported 10 December that the U.S. Food & Drug
Administration (FDA) has issued Import Alert #16-124, which calls for
"Detention without physical examination of aquaculture seafood
products due to unapproved drugs." "There has been an extensive
commercialization and an increased consumption rate of aquaculture
seafood products," the Alert read. "As this industry grows, the use of
unapproved new animal drugs and the misuse of approved new animal
drugs in seafood raised through aquaculture also grows. [This] will have
an impact on the safety of aquaculture products for consumers," the
Alert warned. Similarly, on 10 August, the FDA proposed a regulation
in the Federal Register to establish drug residue tolerances (import
tolerances) for imported food products of animal origin for drugs that
are used in other countries, but that are unapproved new animal drugs in
the United States. For more information go to: www.worldcatch.com,
also see: www.fda.gov.
4:25/08. UNITED NATIONS RELEASES REPORT ON
AQUACULTURE: A United Nations' Food & Agriculture Organization
(FAO) report entitled "Aquaculture in the Third Millennium," released
10 December by the FAO headquarters in Rome, concludes that
aquaculture's contribution towards global fisheries landings continues to
grow, dominating all other animal food producing sectors. The
percentage of seafood caught in wild fisheries is decreasing, and fish
farming is the source of an increasing percentage of seafood in the
United States and worldwide. The value of U.S. aquaculture production
has grown by five to ten percent each year over the past decade, and
aquaculture is regarded as the fastest growing segment of U.S.
agriculture, according to a 1997 report by Environmental Defense on the
environmental consequences of aquaculture, "Murky Waters:
Environmental Effects of Aquaculture in the United States."
http://www.ed.org/pubs/Reports/Aquaculture/. The FAO report,
"Aquaculture in the Third Millennium," is the result of the Conference
on Aquaculture held last February in Bangkok, Thailand, and organized
by the FAO, the Network of Aquaculture Centre in Asia-Pacific
(NACA), and the Government of Thailand. The report represents a
comprehensive review of the status of aquaculture development in the
world and is positive about fish farming despite many objections that
fish escaping from net pens contaminate the wild fish gene pool, and
that fish waste contaminates the ocean floor beneath the pens with
chemicals fed to keep the fish healthy.
4:25/09. TILIPIA FROM NORWEGIAN FISH FARM THREATEN
NICARAGUAN LAKE ECOSYSTEM: The Norwegian company
NICANOR, together with Nicaraguan Patrick Bolaflos (a member of the
current Nicaraguan President's family) are preparing to establish a
Tilapia mass rearing aquaculture operation in Granada Lake, the main
lake of Nicaragua, that threatens native species.
Although tilipia is considered one of the "cleaner" forms of aquaculture,
it, too, has problems. To date, three species of tilapia have been
introduced into Nicaraguan waters, all of which have become
established, but have been economic failures and are causing major
damage to the ecosystem and harm to the local fishing economy.
The tilapia are: 1) displacing natives species and may soon lead to
the extinction of several native fish species; 2) they have already
completely eliminated aquatic plants from one ecosystem and may do so
in several others; 3) have resulted in a net loss of biomass both in the
lakes where they were introduced and in the commercial fishery; 4) have
been responsible for the introduction of eye flukes disease in one
ecosystem which have spread to native species and are transmissible to
humans; 5) their eating quality is inferior to native species which they
threaten; 6) potential economic benefits of tilapia aquaculture are greatly
exaggerated given the complete economic failure of tilapia ventures in
Nicaragua to date. It is being recommended that all tilapia culture in
Nicaragua be confined to closed ponds with no possibility of escapes
and that cage culture in open water be confined to native species only.
Recommended also is that importation of live tilapia eggs, fry or adults
of any species should be strictly prohibited as should the introduction of
any tilapia into lakes or rivers in the country, including those where
tilapia have already become established. This is because different
varieties or breeds of tilapia may accelerate and worsen damage as they
did in Lake Apoyo. For more information on the NICANOR tilipia
project and what fishing groups can do to stop it, contact Jean-Michel
Maes at: jmmaes@ibw.com.ni.
4:25/10. FISH FARM MORATORIUM DEBATE BEFORE
SCOTTISH PARLIAMENT: On 12 December, the Scottish
Parliamentary Committee held a hearing where they heard conflicting
testimony on a proposed moratorium on fish farms in Scottish waters.
According to a 14 December, WorldCatch News Network report, Dick
Shelton, an expert in wild fish and shellfish, told the Environment
Committee he backed a freeze on the growth of the industry, as he saw
the environmental effects of its unchecked expansion, particularly the
spread of sea lice from caged salmon to wild salmon and sea trout, as
"the biggest single threat to wild salmon fishing in the North of
Scotland." He said Scottish fisheries should play to their strengths and
focus on their domestic markets, rather than pursuing the "world salmon
prize."
Two aquaculture scientists, however, told the committee that a
moratorium would hurt the fish farming industry. To see the complete
article, go to: www.worldcatch.com.
4:24/11. TURTLES: Measures aimed at protecting endangered sea
turtles have had major impacts on fisheries along the U.S. Atlantic and
Gulf Coasts and in the Pacific. Turtle Excluder Devices (TEDs) have
been mandated for use on shrimp trawls in the Southeast. Along the
coast of California, and in Hawaii and the western Pacific in the
swordfish fisheries (both longline and driftnet), and the longline tuna
fishery have suffered extensive closures in order to avoid any bycatch of
sea turtles. Four of seven sea turtle species are considered in danger of
extinction worldwide. Here is some of what has been happening:
On 14 December, the National Marine Fisheries Service (NMFS)
announced in the Federal Register (Vol. 66, No. 241, p.64793) it is
extending the public comment period for receipt of comments on the
proposed rule to amend the regulations protecting sea turtles to enhance
their effectiveness in reducing sea turtle mortality resulting from shrimp
trawling in the Atlantic and Gulf Areas of the southeastern United
States, originally published in the Federal Register on 2 October.
Written comments should be received by NMFS on or before 15
February 2002. Comments should be addressed to the Chief,
Endangered Species Division, Office of Protected Resources, NMFS,
1315 East-West Highway, Silver Spring, MD 20910. For information
regarding the proposed rule, contact either: Robert Hoffman at:
Robert.Hoffman@noaa.gov, or Therese A. Conant at:
Therese.Conant@noaa.gov.
Also on 14 December, an emergency rule requiring shrimp trawlers
operating in Atlantic waters from the shoreline out to 10 nautical miles
between Melboune, Florida and the Florida/Georgia border to use TEDs
with escape openings modified to exclude leatherback turtles was issued
by the NMFS and will remain in effect until 13 January, according to a
19 December WorldCatch News Network report. The rule was put in
place after reports came out in November of a high number of strandings
of endangered leatherbacks along northeast Florida beaches.
Leatherbacks are the world's largest species of sea turtle. Adults weigh
between 600 and 1300 pounds and have carapaces (shells) five to six
feet long. They are also the world's most wide-ranging sea turtle species,
often migrating from the tropics to sub-Arctic waters to feed. The hard
TED and Parker soft TED specifications are posted on NMFS' Southeast
Regional website:
http://caldera.sero.nmfs.gov/fishery/pannounc.gen/protann.99/newb999.
htm. To see the complete WorldCatch article, go to:
www.worldcatch.com.
On 10 December, NMFS published notice in the Federal Register
(Vol. 66, No. 237, pp 63630-63632) that it was extending an emergency
interim rule, now in effect, applicable to vessels registered for use under
a Hawaii longline limited access permit (Hawaii longline vessels) and
allows the use of basket-style longline gear as an alternative method for
deep-set tuna longline fishing. This emergency interim rule: prohibits
the targeting of swordfish north of the equator by Hawaii longline
vessels; prohibits longline fishing by Hawaii longline vessels in waters
south of the Hawaiian Islands (from 15 deg. N. lat. to the equator, and
from 145 deg. W. long. to 180 deg. long.) during the months of April
and May; allows re-registration of vessels to Hawaii longline limited
access permits only in October; imposes additional sea turtle handling
and resuscitation measures; and requires all Hawaii longline vessel
operators to attend an annual protected species workshop. This
emergency interim rule implements an order issued by the U.S. District
Court for the District of Hawaii in March to reduce the number of sea
turtles believed injured and killed incidental to longline fishing. Other
parts of this emergency interim rule implement the terms and conditions
contained in an amended November 2000 Biological Opinion (BiOp)
issued by the U.S. Fish & Wildlife Service (USFWS) on the impacts of
the Hawaii longline fleet on the endangered short-tailed albatross. In
October, USFWS amended its BiOp on the short-tailed albatross
allowing longline vessels to use basket-style longline gear as an
alternative method for deep-set tuna longline fishing. The rule extends
until 8 June 2002. Copies of the environmental assessment and
regulatory impact review prepared for this emergency interim rule may
be obtained from Dr. Charles Karnella, Administrator, Pacific Islands
Area Office (PIAO), NMFS, 1601 Kapiolani Blvd., Suite 1110,
Honolulu, HI, 96814-4700, or telephone: (808) 973-2937.
In addition to the restrictions being placed on U.S. fishermen by their
government, the government of Vietnam is being asked to develop a
turtle-protection program. WorldCatch reported 14 December scientists
are urging that nation to develop action plan for the protection of sea
turtles.
Participants in a 12 December round-table conference on the issue,
sponsored by Vietnam's Ministry of Fisheries, agreed that the creation of
more reserves for turtles and the zoning of breeding areas are a must.
The representative from the International Union for the Conservation of
Nature (IUCN) said Vietnam should conduct research on the current
state of turtles and promote closer links between relevant bodies and
communities in protecting them. Participants at this first-ever
conference were also told the operation of the Department for Seafood
Resource Protection under the Ministry of Fisheries is currently
ineffective due to insufficient staff and funding. Vietnam is home to five
species of sea turtles, which live along the coastline stretching from
Quang Ninh to Kien Giang province. The country has two reserves for
turtles in the Con Dao National Park in southern Ba Ria-Vung Tau
province, and in the Nui Chua Natural Reserve in central Ninh Thuan
province. To see the complete article, go to: www.worldcatch.com.
Finally, the Turtle Island Rescue Network's (TIRN) Sea Turtle
Restoration Project is advertising for a Marine Species Campaigner to
"implement grassroots and media campaigns regarding threatened
marine species and fisheries, with an emphasis on sea turtles and marine
mammals. This position involves the development and implementation
of campaign strategies that involve the public in influencing policy. The
qualified candidate must have the skills to research thoroughly the
effects of fisheries, communicate those findings to the public
effectively, and become directly involved in campaign work to reform
fisheries." TIRN, which has been involved in litigation in the western
Pacific restricting fisheries, has been criticized by fishing groups for its
unwillingness to consider gear modifications and other experimentation
by the fleet aimed at reducing or eliminating any potential turtle bycatch
while still allowing fishing to continue. For more information on the
position, go to: www.seaturtles.org.
4:25/12. YUKON RIVER DRAINAGE FISHERIES
ASSOCIATION EXECUTIVE DIRECTOR SOUGHT: Formed in
1991, the Yukon River Drainage Fisheries Association (YRDFA), based
in Anchorage, Alaska, is seeking an Executive Director. The YRDFA
represents U.S. commercial, subsistence and sport salmon fishermen in
the 42 communities in the Alaska portion of the Yukon River drainage.
Skills desired include five years minimum experience working with
diverse constituencies and agencies, public speaking, advocacy and
assertiveness in policy arenas, cross-cultural consensus
building/mediation, staff management and working with a diverse board.
For more information, go to: yrdfa@alaska.com.
4:25/13. INTERNATIONAL FISHERIES AGREEMENT
ESTABLISHED: A United Nations (UN) global oceans treaty, which
establishes the first-ever framework for dealing with overfishing on the
high seas, became effective last week (see Sublegals 4:23/01). The U.S.
is among thirty nations to ratify this binding agreement, which sets new,
compulsory standards for managing highly migratory and shared fishery
resources. The agreement, an offshoot of the 1982 United Nation's
Convention on the Law of the Sea (UNCLOS), establishes guiding
principles for nations to undertake the sustainable management of
straddling and migratory fish stocks, including requiring them to use
"the precautionary approach" and minimizing pollution, waste, discards
and by-catch. By ratifying this agreement, partner nations have agreed to
be more cautious in managing fisheries when scientific information is
uncertain, unreliable or inadequate. The absence of adequate scientific
information can no longer be used as a reason for postponing or failing
to take conservation and management measures. Partner nations will
also cooperate in the collection and exchange of fishery data and give
enforcement agents increased authority to board and inspect fishing
vessels on the high seas to ensure compliance with conservation
measures.
A spokesperson for the Canadian Department of Fisheries & Oceans
(DFO) said the U.N. Agreement on Straddling & Migratory Fish Stocks
(UNFA) originated out of concern by Canada that foreign vessels were
having a serious impact on Canadian fish stocks. The dispute between
Canada and Spain over Spanish vessels' detrimental effects on Atlantic
cod stocks from the west coast of Canada was a particular point of
contention. Those cod stocks were so heavily depleted that the entire
cod fishery off the Canadian west coast collapsed earlier last decade,
putting an estimated 30,000 people out of work. To access or review a
copy of the full UNFA agreement, visit the United Nations website at:
www.un.org/Depts/los/convention_agreements/
convention_overview_fish_stocks.htm.
NEWS, COMMENTS, CORRECTIONS: Submit your news items,
comments or any corrections to Allison Vogt, Editor at:
ifrfish@pacbell.net or call the IFR/PCFFA office with the news and a
source at either: (415) 561-FISH (Southwest Office) or (541) 689-2000
(Northwest Office).
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<BR> ~~>FISHLINK SUBLEGALS 12/21/01<~~
<BR>##########################################################
<BR> A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND
<BR> LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES
<BR> AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S
<BR> ASSOCIATIONS
<BR>
<BR>VOL. 4, NO. 25 21 DECEMBER 2001
<BR>##########################################################
<BR>DISCLAIMER: As part of our new "Search for the Sacrasm, Find the
<BR>Fringe" contest, one article in this week's Sublegals is fictitious, a
<BR>creation of the Sublegals staff to bring some levity to the usually grave
<BR>fisheries news we must report to our readers. The challenge to our
<BR>readers is to locate the decoy article and submit your guess to
<BR>av_ifr@pacbell.net for a chance to be this week's winner. The
<BR>fabricated article will never be one featured in the table of contents and
<BR>will always contain the word "fringe" in the body of the article.
<BR>Congratulations to Michael Evanson of the Mattole Salmon Group who
<BR>correctly identified last week's fringe article, "Seizure of Shrimp Assets
<BR>Has Ripple Effect Impacting Seafood Distribution Sector: (Sublegals
<BR>4:24/13).
<BR>##########################################################
<BR>IN THIS ISSUE.......
<BR>
<BR>NO SENATE FARM BILL THIS YEAR. 4:25/01.
<BR>
<BR>BOXER INTRODUCES SALMON RESTORATION
<BR>FUNDING BILL FOR WEST COAST. 4:25/04
<BR>
<BR>TILIPIA FROM NORWEGIAN FISH FARM THREATEN
<BR>NICARAGUAN LAKE. 4:24/09.
<BR>
<BR>ALL THE NEWS ON SEA TURTLES. 4:25/11.
<BR>
<BR>U.N. AGREEMENT ON STRADDLING & MIGRATORY FISH
<BR>STOCKS RATIFIED. 4:25/13.
<BR>
<BR>AND MORE...
<BR>########################################################
<BR>4:25/01. NO ACTION ON FARM BILL BEFORE
<BR>CONGRESSIONAL RECESS: The U.S. Congress went out for its
<BR>winter recess on 21 December with no action on the Senate version of
<BR>the Farm Bill, S.1731, which was pulled off the Senate floor just the day
<BR>before. In its current form, Republicans oppose the bill, principally over
<BR>the issue of agricultural subsidies. It is expected to be taken up again
<BR>when Congress reconvenes on 19 January. The House earlier passed its
<BR>version of the farm bill, H.R. 2646. The legislation is to replace a 1996
<BR>Act that will expire in September 2002. Tied up in it is relief for
<BR>Klamath Basin farmers (see 4:24/03). Although an agricultural bill,
<BR>S.1731 has had a number of amendments proposed to it that would
<BR>affect the nation's fisheries. Those amendments include:
<BR>
<BR>* An amendment proposed by Senator Michael Crapo (R-ID) to delete a
<BR>provision in the bill allowing the government under the Conservation
<BR>Reserve Program to acquire water rights from farmers for conservation
<BR>purposes. An amendment requiring authorization by the governor of the
<BR>state where such a transfer was to occur had earlier been added to the
<BR>bill. The National Farm Bureau opposes the conservation language and
<BR>is lobbying for the Crapo amendment.
<BR>
<BR>* An amendment (SA 2513) proposed by Senator Christopher Bond
<BR>(R-MO) would have given the President broad authority to waive
<BR>environmental laws, including those necessary for the protection of fish
<BR>stocks and, consequently, fishing jobs. The Bond amendment would
<BR>have directed the Department of Agriculture (USDA) to review all
<BR>proposed agency actions to see whether a proposed agency action, such
<BR>as protecting listed species, would have a significant adverse economic
<BR>impact on farmers or jeopardize the safety of farmers, as well as give the
<BR>President the power to override virtually any federal law. It failed by a
<BR>vote of 54-43.
<BR>
<BR>* An amendment (SA 2514) by Senator Gordon Smith (R-OR)
<BR>containing "takings" language is still pending; it would compensate
<BR>farmers with disaster relief funds by broadening "disaster" to include
<BR>any financial impacts of complying with federal laws such as the
<BR>Endangered Species Act (ESA). The rider would take money from
<BR>farmers who desperately need compensation from crop loss due to true
<BR>natural disasters. The takings compensation's high cost would weaken
<BR>enforcement of environmental laws, including those to conserve fish
<BR>resources.
<BR>
<BR>* An amendment (SA 2471) by Senator Ted Stevens (R-AK) would
<BR>transfer authority for organic fish standards to the U.S. Department of
<BR>Commerce (DOC) and direct the agency, which contains the National
<BR>Marine Fisheries Service (NMFS), to establish regulations for organic
<BR>certification of fish. The Stevens amendment is in response to the
<BR>USDA's National Organics Standards Board (NOSB) action in October
<BR>denying organic certification for wild fish, but allowing aquaculture
<BR>products to be certified as organic (see Sublegals, 4:16/08; 4:14/06;
<BR>4:14/07).
<BR>
<BR>Stevens is pushing his language at the behest of Alaskan and other
<BR>U.S. fishermen concerned with USDA's current double standard on
<BR>organic labeling, i.e., honey from wild bees and free range beef can be
<BR>labeled as organic, but wild fish are ineligible. PCFFA has suggested
<BR>USDA either make its labeling requirements consistent or allow for an
<BR>"organic equivalent" type of label that could be used by any aquatic
<BR>products - wild, cultured or farmed. The Alaskan Senator has indicated
<BR>that he will not bring up his amendment for a floor vote in the Senate if
<BR>the bill managers insert statutory language in the final bill concerning
<BR>the establishment by the Secretary of Agriculture of organic standards
<BR>for wild caught fish. The Senate bill also contains a requirement for
<BR>"country of origin" labeling of farm and fish products, but that language
<BR>is not as comprehensive as that inserted by Senator Frank Murkowski
<BR>(R-AK) in the Trade Adjustment Assistance Act (see Sublegals,
<BR>4:24/01) that will be taken up next year.
<BR>
<BR>4:25/02 HOUSE ACTS ON ONE FISHERY BILL;
<BR>MAGNUSON-STEVENS ACT DEBATE WAITS UNTIL NEXT
<BR>YEAR: On 11 December, the U.S. House of Representatives passed
<BR>H.R. 1989, the Fisheries Conservation Act, which extends funding for
<BR>six of the nation's fishery laws. The measure, by Congressman Wayne
<BR>Gilchrest (R-MD), authorizes $14.88 million in 2002 and will provide
<BR>up to $16.395 million through the 2003-2006 period in gradual steps.
<BR>The bill extends authority or appropriations for: the Anadromous Fish
<BR>Conservation Act; the Atlantic Striped Bass Conservation Act; the
<BR>Atlantic Coastal Fisheries Cooperative Management Act; the Atlantic
<BR>Tunas Convention Act; the Northwest Atlantic Fisheries Convention
<BR>Act; and the Interjurisdictional Fisheries Act of 1986. For more
<BR>information, contact Representative Gilchrest's office at
<BR>www.house.gov/gilchrest or see: http://thomas.loc.gov.
<BR>
<BR>Action, meanwhile, on reauthorizing the nation's major fisheries
<BR>statute, the Magnuson-Stevens Fishery Conservation & Management
<BR>Act, 16 USC 1801, et seq., will not be taken up until after Congress
<BR>reconvenes next year. Most of the focus is expected to be on
<BR>Congressman Sam Farr's (D-CA) Fisheries Recovery Act, H.R. 2570,
<BR>that strengthens existing language on the prevention of overfishing,
<BR>reducing bycatch and protecting habitat. It also would redirect
<BR>Saltonstall-Kennedy Act (S-K) funds to assist fishermen to modify or
<BR>develop more selective fishing gear and gear that does not harm fish
<BR>habitat. For more information, contact Representative Farr's office at:
<BR>samfarr@mail.house.gov.
<BR>
<BR>4:25/03. KLAMATH AID PACKAGE FIZZLES AS FARM BILL
<BR>DERAILED BY RIDERS: The carefully crafted funding compromise
<BR>(see Sublegals 4:24/06), that would have directed $175 million in
<BR>restoration funds to the Klamath Basin over the next five years, is now
<BR>included in the Manager's Amendment to the Senate version of the
<BR>federal Farm Bill, S.1731. The bill itself, however, was tabled by
<BR>inability to get the required 60 votes for "cloture" to end debate and to
<BR>overcome a filibuster threat (see Sublegals 4:25/01 above). The
<BR>Klamath Water Users' Association objected to the language, which
<BR>otherwise had broad support, because it failed to contain any guarantees
<BR>of water deliveries. Federal agencies have taken the position that such
<BR>guarantees would be illegal and make it impossible to meet other federal
<BR>government obligations to fisheries and Tribes in dry years. The whole
<BR>controversy now moves over to next year, with long promised Senate
<BR>Environment & Public Works Committee hearings on these issues not
<BR>yet scheduled. For the full bill and amendment language see:
<BR>http://thomas.loc.gov.
<BR>
<BR>4:25/04. BOXER INTRODUCES SENATE SALMON FUNDING
<BR>BILL: On 13 December, U.S. Senator Barbara Boxer (D-CA) formally
<BR>filed a separate Senate alternative version of the salmon recovery
<BR>funding bill by Representative Mike Thompson Bill (D-CA), H.R. 1157,
<BR>which passed the House of Representatives on 13 June by a vote of 418
<BR>to 6. The Boxer bill, slightly different from Thompson's bill (now also
<BR>in the Senate), is also called the "Pacific Salmon Recovery Act," S.
<BR>1825, and would allocate 85 percent of up to $350 million/year for five
<BR>years to five west coast states (Alaska, California, Oregon, Washington
<BR>and Idaho), with the additional 15 percent divided among many Tribes,
<BR>as a federal share of state-based salmon restoration efforts in those
<BR>states. The bill was co-sponsored by Senators Dianne Feinstein (D-CA),
<BR>Ron Wyden (D-OR), Gordon Smith (R-OR), Larry Craig (R-OR) and
<BR>Mike Crapo (R-ID). Idaho wants some of the salmon restoration money
<BR>to deal with its Snake River salmon issues. Currently Congress is
<BR>appropriating these funds on an ad hoc basis (omitting Idaho) and,
<BR>though independent statutory authority is technically not required,
<BR>putting authority on record with a strong vote in Congress would
<BR>institutionalize the federal salmon recovery funding program and give it
<BR>an advantage in future budgeting conflicts, likely if current projections
<BR>that the U.S. federal budget will slide into deficits over the next few
<BR>years are correct. The bill can be reviewed by bill number search at:
<BR>http://thomas.loc.gov.
<BR>
<BR>4:25/05. FRAGMENTATION, MISMANAGEMENT AND
<BR>RACISM BLAMED FOR DEEP SEATED KLAMATH WATER
<BR>WARS: In a new report, "Water Allocation in the Klamath Basin: An
<BR>Assessment of Natural Resource, Economic, Social and Institutional
<BR>Issues," jointly prepared by scientists from Oregon State University
<BR>(OSU) and the University of California, researchers looked at this
<BR>summer's water disputes in context, and blamed a long history of
<BR>geographic and agency fragmentation, decades of federal and state
<BR>agency mismanagement and deep polarization exacerbated by racism
<BR>toward the Klamath Tribes (and further inflamed by this year's
<BR>sensationalist media coverage) as among the driving causes for Upper
<BR>Klamath Basin water allocation disputes during this year's record
<BR>drought.
<BR>
<BR>The OSU report also estimated the total economic damages from this
<BR>year's Klamath Basin drought and the consequent water cutbacks, some
<BR>mandated by the Endangered Species Act (ESA) and Tribal rights
<BR>obligations of the federal government, and concluded that only about
<BR>2,000 jobs were affected (about 3.5 percent of Upper Klamath Basin
<BR>total employment), and about $71 million in total farm income was
<BR>actually lost, a figure that is less than one-third of claims by the
<BR>agricultural community. Klamath Irrigation Project water deliveries this
<BR>year were actually in excess of 245,000 acre-feet, or about 57% of the
<BR>30-year average. However, the OSU damages figure still exceeds
<BR>estimates published in an earlier report by the natural resource
<BR>economics firm ECONorthwest, which pointed out that a long history of
<BR>worldwide agricultural market commodities declines and wasteful water
<BR>practices within the Upper Klamath Basin have also lead to most farms
<BR>in Klamath County being only marginally profitable, with a total farm
<BR>income now averaging only $35/acre (see Sublegals 4:19/06). The two
<BR>reports have yet to be reconciled, and use very different methodologies.
<BR>(Also see Sublegals 4:24/07; 4:15/07; 4:14/04; 410/06; 4:09/04; 4:08/05;
<BR>4:07/02; 4:04/11; 4:03/05; 4:02/01; 4:01/01; 3:26/05; 3:25/05; 3:24/01;
<BR>3:20/01; 3:17/02; 3:15/07; 3:14/01; 3:13/02).
<BR>
<BR>The 20 December Oregonian carried an extensive story on the report,
<BR>available online at: http://www.oregonlive.com/printer/printer.ssf?/
<BR>xml/story.ssf/html_standard.xsl?/base/news/100885296326534220.xml
<BR>or by a search in their archives from: http://www.oregonlive.com. The
<BR>301 page OSU report is at: http://eesc.orst.edu/klamath. Public
<BR>comments on the OSU report will be taken as part of a draft review
<BR>process until 25 January 2002, with the final report anticipated to be
<BR>released 25 March 2002. By way of comparison, the ECONorthwest
<BR>report is at: http://www.salmonandeconomy.org/pdf/KlamathWater.pdf.
<BR>
<BR>4:25/06. NEW CALIFORNIA DEEPWATER PORTS PROPOSED:
<BR>Stand alone legislation, or perhaps a floor amendment to Representative
<BR>Ken Calvert's (R-CA) CALFED bill, H.R. 1985 (see Sublegals 4:12/08)
<BR>is expected to be introduced by a bi-partisan coalition of California
<BR>House members (reported to be Republicans John Doolittle, Wally
<BR>Herger and George Radanovich, and Democrats Gary Condit and Calvin
<BR>Dooley) to provide the authorization and appropriations for the study
<BR>and preliminary work toward creating inland deepwater ports at Shasta
<BR>and Friant dams as well as necessary dredging below and above the
<BR>dams. A spokesman for one of the Congressional offices, speaking off
<BR>the record, said new transportation modes were desperately needed both
<BR>to serve commute traffic with ferries to far-off suburbs as well as
<BR>remove some large trucking from the highways by shipping more of
<BR>California's agricultural products from the Central Valley by tug and
<BR>barge. "Lewiston, Idaho has been our inspiration for all of this and, who
<BR>knows, it could even allow us to build more dams, just like those on the
<BR>Snake," said the spokesman. "Let's see those FRINGE environmental
<BR>and fishing groups stop that." PCFFA Executive Director, Zeke Grader,
<BR>said that given CALFED's intent to destroy the San Francisco Bay
<BR>estuary with more freshwater diversions, his group might not object if
<BR>the estuary were relocated to the eastern part of the Delta and eel grass
<BR>beds and oyster reefs were established and a Dungeness crab hatchery
<BR>built. To see the Calvert CALFED bill, H.R. 1985, go to:
<BR>http://thomas.loc.gov.
<BR>
<BR>4:25/07. SALMON FOOD COLORING AND DRUGS: WorldCatch
<BR>News Network reported on 6 December that the demand for the
<BR>carotenoid astaxanthin, a food coloring used in salmon farming, is
<BR>uncertain as the salmon industry undergoes a serious downturn. The
<BR>problems of the fish faming industry are having a direct effect on the
<BR>astaxanthin market, since the aquaculture feed industry is by far the
<BR>largest market for the carotenoid. Astaxanthin is primarily used to give
<BR>farm-bred salmon a 'natural' pink color, but as farmers come under cost
<BR>of production pressures, they may choose to greatly reduce use of the
<BR>carotenoid. Leo Hepner of UK-based L. Hepner & Associates says that
<BR>"Astaxanthin represents a significant portion of fish feed costs, so unless
<BR>a customer insists on having it, it is the first to go." The poor health of
<BR>the fish market stems from a host of factors. There is an oversupply of
<BR>farmed salmon that has pushed salmon prices to an industry low. The
<BR>rising cost of raw ingredients for the feed is adding to farmers' pain.
<BR>Further, a viral disease plagues the fish farming industry.
<BR>
<BR>WorldCatch also reported 10 December that the U.S. Food & Drug
<BR>Administration (FDA) has issued Import Alert #16-124, which calls for
<BR>"Detention without physical examination of aquaculture seafood
<BR>products due to unapproved drugs." "There has been an extensive
<BR>commercialization and an increased consumption rate of aquaculture
<BR>seafood products," the Alert read. "As this industry grows, the use of
<BR>unapproved new animal drugs and the misuse of approved new animal
<BR>drugs in seafood raised through aquaculture also grows. [This] will have
<BR>an impact on the safety of aquaculture products for consumers," the
<BR>Alert warned. Similarly, on 10 August, the FDA proposed a regulation
<BR>in the Federal Register to establish drug residue tolerances (import
<BR>tolerances) for imported food products of animal origin for drugs that
<BR>are used in other countries, but that are unapproved new animal drugs in
<BR>the United States. For more information go to: www.worldcatch.com,
<BR>also see: www.fda.gov.
<BR>
<BR>4:25/08. UNITED NATIONS RELEASES REPORT ON
<BR>AQUACULTURE: A United Nations' Food & Agriculture Organization
<BR>(FAO) report entitled "Aquaculture in the Third Millennium," released
<BR>10 December by the FAO headquarters in Rome, concludes that
<BR>aquaculture's contribution towards global fisheries landings continues to
<BR>grow, dominating all other animal food producing sectors. The
<BR>percentage of seafood caught in wild fisheries is decreasing, and fish
<BR>farming is the source of an increasing percentage of seafood in the
<BR>United States and worldwide. The value of U.S. aquaculture production
<BR>has grown by five to ten percent each year over the past decade, and
<BR>aquaculture is regarded as the fastest growing segment of U.S.
<BR>agriculture, according to a 1997 report by Environmental Defense on the
<BR>environmental consequences of aquaculture, "Murky Waters:
<BR>Environmental Effects of Aquaculture in the United States."
<BR>http://www.ed.org/pubs/Reports/Aquaculture/. The FAO report,
<BR>"Aquaculture in the Third Millennium," is the result of the Conference
<BR>on Aquaculture held last February in Bangkok, Thailand, and organized
<BR>by the FAO, the Network of Aquaculture Centre in Asia-Pacific
<BR>(NACA), and the Government of Thailand. The report represents a
<BR>comprehensive review of the status of aquaculture development in the
<BR>world and is positive about fish farming despite many objections that
<BR>fish escaping from net pens contaminate the wild fish gene pool, and
<BR>that fish waste contaminates the ocean floor beneath the pens with
<BR>chemicals fed to keep the fish healthy.
<BR>
<BR>4:25/09. TILIPIA FROM NORWEGIAN FISH FARM THREATEN
<BR>NICARAGUAN LAKE ECOSYSTEM: The Norwegian company
<BR>NICANOR, together with Nicaraguan Patrick Bolaflos (a member of the
<BR>current Nicaraguan President's family) are preparing to establish a
<BR>Tilapia mass rearing aquaculture operation in Granada Lake, the main
<BR>lake of Nicaragua, that threatens native species.
<BR>Although tilipia is considered one of the "cleaner" forms of aquaculture,
<BR>it, too, has problems. To date, three species of tilapia have been
<BR>introduced into Nicaraguan waters, all of which have become
<BR>established, but have been economic failures and are causing major
<BR>damage to the ecosystem and harm to the local fishing economy.
<BR>
<BR>The tilapia are: 1) displacing natives species and may soon lead to
<BR>the extinction of several native fish species; 2) they have already
<BR>completely eliminated aquatic plants from one ecosystem and may do so
<BR>in several others; 3) have resulted in a net loss of biomass both in the
<BR>lakes where they were introduced and in the commercial fishery; 4) have
<BR>been responsible for the introduction of eye flukes disease in one
<BR>ecosystem which have spread to native species and are transmissible to
<BR>humans; 5) their eating quality is inferior to native species which they
<BR>threaten; 6) potential economic benefits of tilapia aquaculture are greatly
<BR>exaggerated given the complete economic failure of tilapia ventures in
<BR>Nicaragua to date. It is being recommended that all tilapia culture in
<BR>Nicaragua be confined to closed ponds with no possibility of escapes
<BR>and that cage culture in open water be confined to native species only.
<BR>Recommended also is that importation of live tilapia eggs, fry or adults
<BR>of any species should be strictly prohibited as should the introduction of
<BR>any tilapia into lakes or rivers in the country, including those where
<BR>tilapia have already become established. This is because different
<BR>varieties or breeds of tilapia may accelerate and worsen damage as they
<BR>did in Lake Apoyo. For more information on the NICANOR tilipia
<BR>project and what fishing groups can do to stop it, contact Jean-Michel
<BR>Maes at: jmmaes@ibw.com.ni.
<BR>
<BR>4:25/10. FISH FARM MORATORIUM DEBATE BEFORE
<BR>SCOTTISH PARLIAMENT: On 12 December, the Scottish
<BR>Parliamentary Committee held a hearing where they heard conflicting
<BR>testimony on a proposed moratorium on fish farms in Scottish waters.
<BR>According to a 14 December, WorldCatch News Network report, Dick
<BR>Shelton, an expert in wild fish and shellfish, told the Environment
<BR>Committee he backed a freeze on the growth of the industry, as he saw
<BR>the environmental effects of its unchecked expansion, particularly the
<BR>spread of sea lice from caged salmon to wild salmon and sea trout, as
<BR>"the biggest single threat to wild salmon fishing in the North of
<BR>Scotland." He said Scottish fisheries should play to their strengths and
<BR>focus on their domestic markets, rather than pursuing the "world salmon
<BR>prize."
<BR>
<BR>Two aquaculture scientists, however, told the committee that a
<BR>moratorium would hurt the fish farming industry. To see the complete
<BR>article, go to: www.worldcatch.com.
<BR>
<BR>4:24/11. TURTLES: Measures aimed at protecting endangered sea
<BR>turtles have had major impacts on fisheries along the U.S. Atlantic and
<BR>Gulf Coasts and in the Pacific. Turtle Excluder Devices (TEDs) have
<BR>been mandated for use on shrimp trawls in the Southeast. Along the
<BR>coast of California, and in Hawaii and the western Pacific in the
<BR>swordfish fisheries (both longline and driftnet), and the longline tuna
<BR>fishery have suffered extensive closures in order to avoid any bycatch of
<BR>sea turtles. Four of seven sea turtle species are considered in danger of
<BR>extinction worldwide. Here is some of what has been happening:
<BR>
<BR>On 14 December, the National Marine Fisheries Service (NMFS)
<BR>announced in the Federal Register (Vol. 66, No. 241, p.64793) it is
<BR>extending the public comment period for receipt of comments on the
<BR>proposed rule to amend the regulations protecting sea turtles to enhance
<BR>their effectiveness in reducing sea turtle mortality resulting from shrimp
<BR>trawling in the Atlantic and Gulf Areas of the southeastern United
<BR>States, originally published in the Federal Register on 2 October.
<BR>Written comments should be received by NMFS on or before 15
<BR>February 2002. Comments should be addressed to the Chief,
<BR>Endangered Species Division, Office of Protected Resources, NMFS,
<BR>1315 East-West Highway, Silver Spring, MD 20910. For information
<BR>regarding the proposed rule, contact either: Robert Hoffman at:
<BR>Robert.Hoffman@noaa.gov, or Therese A. Conant at:
<BR>Therese.Conant@noaa.gov.
<BR>
<BR>Also on 14 December, an emergency rule requiring shrimp trawlers
<BR>operating in Atlantic waters from the shoreline out to 10 nautical miles
<BR>between Melboune, Florida and the Florida/Georgia border to use TEDs
<BR>with escape openings modified to exclude leatherback turtles was issued
<BR>by the NMFS and will remain in effect until 13 January, according to a
<BR>19 December WorldCatch News Network report. The rule was put in
<BR>place after reports came out in November of a high number of strandings
<BR>of endangered leatherbacks along northeast Florida beaches.
<BR>Leatherbacks are the world's largest species of sea turtle. Adults weigh
<BR>between 600 and 1300 pounds and have carapaces (shells) five to six
<BR>feet long. They are also the world's most wide-ranging sea turtle species,
<BR>often migrating from the tropics to sub-Arctic waters to feed. The hard
<BR>TED and Parker soft TED specifications are posted on NMFS' Southeast
<BR>Regional website:
<BR>http://caldera.sero.nmfs.gov/fishery/pannounc.gen/protann.99/newb999.
<BR>htm. To see the complete WorldCatch article, go to:
<BR>www.worldcatch.com.
<BR>
<BR>On 10 December, NMFS published notice in the Federal Register
<BR>(Vol. 66, No. 237, pp 63630-63632) that it was extending an emergency
<BR>interim rule, now in effect, applicable to vessels registered for use under
<BR>a Hawaii longline limited access permit (Hawaii longline vessels) and
<BR>allows the use of basket-style longline gear as an alternative method for
<BR>deep-set tuna longline fishing. This emergency interim rule: prohibits
<BR>the targeting of swordfish north of the equator by Hawaii longline
<BR>vessels; prohibits longline fishing by Hawaii longline vessels in waters
<BR>south of the Hawaiian Islands (from 15 deg. N. lat. to the equator, and
<BR>from 145 deg. W. long. to 180 deg. long.) during the months of April
<BR>and May; allows re-registration of vessels to Hawaii longline limited
<BR>access permits only in October; imposes additional sea turtle handling
<BR>and resuscitation measures; and requires all Hawaii longline vessel
<BR>operators to attend an annual protected species workshop. This
<BR>emergency interim rule implements an order issued by the U.S. District
<BR>Court for the District of Hawaii in March to reduce the number of sea
<BR>turtles believed injured and killed incidental to longline fishing. Other
<BR>parts of this emergency interim rule implement the terms and conditions
<BR>contained in an amended November 2000 Biological Opinion (BiOp)
<BR>issued by the U.S. Fish & Wildlife Service (USFWS) on the impacts of
<BR>the Hawaii longline fleet on the endangered short-tailed albatross. In
<BR>October, USFWS amended its BiOp on the short-tailed albatross
<BR>allowing longline vessels to use basket-style longline gear as an
<BR>alternative method for deep-set tuna longline fishing. The rule extends
<BR>until 8 June 2002. Copies of the environmental assessment and
<BR>regulatory impact review prepared for this emergency interim rule may
<BR>be obtained from Dr. Charles Karnella, Administrator, Pacific Islands
<BR>Area Office (PIAO), NMFS, 1601 Kapiolani Blvd., Suite 1110,
<BR>Honolulu, HI, 96814-4700, or telephone: (808) 973-2937.
<BR>
<BR>In addition to the restrictions being placed on U.S. fishermen by their
<BR>government, the government of Vietnam is being asked to develop a
<BR>turtle-protection program. WorldCatch reported 14 December scientists
<BR>are urging that nation to develop action plan for the protection of sea
<BR>turtles.
<BR>
<BR>Participants in a 12 December round-table conference on the issue,
<BR>sponsored by Vietnam's Ministry of Fisheries, agreed that the creation of
<BR>more reserves for turtles and the zoning of breeding areas are a must.
<BR>The representative from the International Union for the Conservation of
<BR>Nature (IUCN) said Vietnam should conduct research on the current
<BR>state of turtles and promote closer links between relevant bodies and
<BR>communities in protecting them. Participants at this first-ever
<BR>conference were also told the operation of the Department for Seafood
<BR>Resource Protection under the Ministry of Fisheries is currently
<BR>ineffective due to insufficient staff and funding. Vietnam is home to five
<BR>species of sea turtles, which live along the coastline stretching from
<BR>Quang Ninh to Kien Giang province. The country has two reserves for
<BR>turtles in the Con Dao National Park in southern Ba Ria-Vung Tau
<BR>province, and in the Nui Chua Natural Reserve in central Ninh Thuan
<BR>province. To see the complete article, go to: www.worldcatch.com.
<BR>
<BR>Finally, the Turtle Island Rescue Network's (TIRN) Sea Turtle
<BR>Restoration Project is advertising for a Marine Species Campaigner to
<BR>"implement grassroots and media campaigns regarding threatened
<BR>marine species and fisheries, with an emphasis on sea turtles and marine
<BR>mammals. This position involves the development and implementation
<BR>of campaign strategies that involve the public in influencing policy. The
<BR>qualified candidate must have the skills to research thoroughly the
<BR>effects of fisheries, communicate those findings to the public
<BR>effectively, and become directly involved in campaign work to reform
<BR>fisheries." TIRN, which has been involved in litigation in the western
<BR>Pacific restricting fisheries, has been criticized by fishing groups for its
<BR>unwillingness to consider gear modifications and other experimentation
<BR>by the fleet aimed at reducing or eliminating any potential turtle bycatch
<BR>while still allowing fishing to continue. For more information on the
<BR>position, go to: www.seaturtles.org.
<BR>
<BR>4:25/12. YUKON RIVER DRAINAGE FISHERIES
<BR>ASSOCIATION EXECUTIVE DIRECTOR SOUGHT: Formed in
<BR>1991, the Yukon River Drainage Fisheries Association (YRDFA), based
<BR>in Anchorage, Alaska, is seeking an Executive Director. The YRDFA
<BR>represents U.S. commercial, subsistence and sport salmon fishermen in
<BR>the 42 communities in the Alaska portion of the Yukon River drainage.
<BR>Skills desired include five years minimum experience working with
<BR>diverse constituencies and agencies, public speaking, advocacy and
<BR>assertiveness in policy arenas, cross-cultural consensus
<BR>building/mediation, staff management and working with a diverse board.
<BR>For more information, go to: yrdfa@alaska.com.
<BR>
<BR>4:25/13. INTERNATIONAL FISHERIES AGREEMENT
<BR>ESTABLISHED: A United Nations (UN) global oceans treaty, which
<BR>establishes the first-ever framework for dealing with overfishing on the
<BR>high seas, became effective last week (see Sublegals 4:23/01). The U.S.
<BR>is among thirty nations to ratify this binding agreement, which sets new,
<BR>compulsory standards for managing highly migratory and shared fishery
<BR>resources. The agreement, an offshoot of the 1982 United Nation's
<BR>Convention on the Law of the Sea (UNCLOS), establishes guiding
<BR>principles for nations to undertake the sustainable management of
<BR>straddling and migratory fish stocks, including requiring them to use
<BR>"the precautionary approach" and minimizing pollution, waste, discards
<BR>and by-catch. By ratifying this agreement, partner nations have agreed to
<BR>be more cautious in managing fisheries when scientific information is
<BR>uncertain, unreliable or inadequate. The absence of adequate scientific
<BR>information can no longer be used as a reason for postponing or failing
<BR>to take conservation and management measures. Partner nations will
<BR>also cooperate in the collection and exchange of fishery data and give
<BR>enforcement agents increased authority to board and inspect fishing
<BR>vessels on the high seas to ensure compliance with conservation
<BR>measures.
<BR>
<BR>A spokesperson for the Canadian Department of Fisheries & Oceans
<BR>(DFO) said the U.N. Agreement on Straddling & Migratory Fish Stocks
<BR>(UNFA) originated out of concern by Canada that foreign vessels were
<BR>having a serious impact on Canadian fish stocks. The dispute between
<BR>Canada and Spain over Spanish vessels' detrimental effects on Atlantic
<BR>cod stocks from the west coast of Canada was a particular point of
<BR>contention. Those cod stocks were so heavily depleted that the entire
<BR>cod fishery off the Canadian west coast collapsed earlier last decade,
<BR>putting an estimated 30,000 people out of work. To access or review a
<BR>copy of the full UNFA agreement, visit the United Nations website at:
<BR>www.un.org/Depts/los/convention_agreements/
<BR>convention_overview_fish_stocks.htm.
<BR>
<BR>NEWS, COMMENTS, CORRECTIONS: Submit your news items,
<BR>comments or any corrections to Allison Vogt, Editor at:
<BR>ifrfish@pacbell.net or call the IFR/PCFFA office with the news and a
<BR>source at either: (415) 561-FISH (Southwest Office) or (541) 689-2000
<BR>(Northwest Office).
<BR>
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