[Fishlink] ~~>FISHLINK SUBLEGALS 2/1/02<~~

bit-bucket@straylight.primelogic.com bit-bucket@straylight.primelogic.com
Wed, 6 Feb 2002 05:38:30 EST


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                    ~~>FISHLINK SUBLEGALS   2/1/02<~~
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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. 5, NO. 05                                     1 FEBRUARY 2002
##########################################################
This week's issue of Sublegals is available in PDF format on the web at
www.sublegals.net. We have also pasted the text below for those that
still wish to read it through your email. In the coming weeks we will be
posting all past issues as well as a search engine. In addition to this new
look, we are continuing our Sublegals Fundraiser to support the Institute
for Fisheries Resources and the Pacific Coast Federation of Fishermen's
Associations in publishing this weekly newsletter free of charge. We
have recently passed our 100th issue, with very little funding, and are
looking to our readers to sustain the continuation of this effort. Thank
you for your support of community fisheries education.
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"All key decisions on salmon farming have been made behind our backs
in private meetings with the salmon farming industry. The province is
acting for big business and the handful of huge multinationals that
control salmon farming, while sidestepping any input from those
concerned about significant environmental impacts."...........David Lane
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IN THIS ISSUE.......

PCFFA CALLS FOR BOUNDARY CORRECTION, DEFINITION 
OF ROLE, IN SANCTUARY SCOPING COMMENTS.  5:05/01

GLOBAL FOOD SCARES HIGHLIGHT NEED FOR 
BETTER CONSUMER EDUCATION. 5:05/05.

FISHING GROUPS DEMAND END TO ALL DUMPING 
OF DREDGE SPOILS IN SAN FRANCISCO BAY.  5:05/07.

BRITISH COLUMBIA DEFIES SCIENTISTS, LIFTS 5-YEAR
MORATORIUM ON NEW SALMON FARMS. 5:05/09.

BOR RELEASES DRAFT KLAMATH WATER PLAN 
FOR 2002, SALMON AGAIN PUT AT RISK.  5:05/12.

AND MORE......  
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     5:05/01.  SANCTUARY SCOPING COMMENTS BRING CALLS
FOR BOUNDARY CORRECTION, DEFINITION OF NMS ROLE: In
a letter dated 30 January, PCFFA submitted its "scooping" comments for
the "Joint Management Plan Review of the Gulf of the Farallones,
Cordell Bank and Monterey Bay National Marine Sanctuaries" (see
Sublegals, 4:21/08), calling for, among other things, an immediate
correction of the boundary between the Gulf of the Farallones and
Monterey Bay sanctuaries to reflect geographic, biological,
oceanographic and political "realities." The three sanctuaries, of the four
off California's coast, are embarking on a multi-year review of their
programs.  The other sanctuary, Channel Islands, already has its
management plan review under way that includes a controversial
proposal for establishing some marine protected areas (MPAs) within its
boundaries.  In December and January, 20 scoping sessions were held in
California and Washington, DC, to take testimony on what issues should
be addressed in the review.     
 
     The correction called for in the scoping letter recommends a straight
line due west at Ano Nuevo (the boundary line between Santa Cruz and
San Mateo Counties) that separates the Northern California Marine from
the Central California Ecological Province, as the boundary between the
two sanctuaries. The current Monterey Bay boundary snakes north up
into the Gulf of the Farallones, inside of the present Gulf of the
Farallones sanctuary boundary, to the Marin Coast (north of the Golden
Gate).  The letter further recommended a review of the issue of any
proposed southern expansion of the Monterey Bay sanctuary, calling for
a separate, "stand-alone" sanctuary for the San Luis Obispo and northern
Santa Barbara County coast if there were public support for sanctuary
status in that area.  PCFFA also strongly rejected any proposal for
collapsing the three sanctuaries into one "super sanctuary," calling it a
"bad idea, which would destroy the effectiveness of the sanctuaries, and
thwart constituency building and public 'ownership' of the sanctuary
program."

     In the letter, too, was a request for review of sanctuary regulation -
defining those things sanctuaries needed to regulate (e.g., personal water
craft, dumping of highway debris) and those areas where consultation
with existing regulatory authorities (e.g., fishing, water quality,
navigation) was appropriate. Finally, PCFFA asked that the inequity of
funding between sanctuaries and the huge overhead the national office
was taking be addressed in the management plan review.  To see the
letter go to: www.sublegals.net. 

     5:05/02. U.S. ECOSYSTEMS MUCH ALTERED BY NITROGEN
POLLUTION: Much of the nitrogen pollution in ecosystems throughout
the United States comes not, as previously believed, from natural
sources, but from acid rain and agricultural fertilizers, according to a
study of ancient and unpolluted South American forests published in the
24 January issue of Nature. By comparison of untouched ecosystems to
our own, the results of several hundred years of agricultural and
industrial development can be chronicled. For more see the 25 January
Environment New Service at:
http://ens-news.com/ens/jan2002/2002L-01-25-06.html or go to the issue
itself at: http://www.nature.com.

     5:05/03. FISH & GAME COMMISSION TO MEET IN
SACRAMENTO: The California Fish & Game Commission will meet
on Friday-Saturday, 8-9 February in the Resources Building Auditorium,
1416 Ninth Street in Sacramento, California.  Discussion items include:

* CALFED Bay-Delta Program
* Designation of Marine Protected Areas within Channel Islands
National Marine Sanctuary
* Marine Life Protection Act (MLPA) timeline
* Joint Salmon Hatchery Review
* Notice of intent to amend regulations concerning ocean salmon
fishing.
* Notice of intent to amend regulations regarding Klamath-Trinity River
salmon and in-river fall Chinook salmon allocation. 

     The meeting will begin at 0900 HRS on Friday and 0830 HRS on
Saturday.  For more information call (916) 653-4899 or for the full
agenda go to www.dfg.ca.gov/fg_comm and click on meetings. 

   5:05/04. EPA WARNS OF HEALTH RISKS FROM SEWAGE
OVERFLOW POLLUTING NATION'S WATERS.  In a 29 January
report to Congress, the U.S. Environmental Protection Agency (EPA)
warned that aging sewer systems are discharging 1.2 trillion gallons of
untreated sewage into the nation's waters each year, contaminating fish
and shellfish and increasing the likelihood of waterborne disease
outbreaks. One instance on such a sewer (they are designed to overflow
when it rains) discharge occurred two weeks ago when the city of Pacific
Grove's system dumped raw sewage into Monterey Bay.  The discharge
of raw sewage not only affects water quality and human health, but is
believed to be affecting the sea otter population along the California
coast as well.

     According to the EPA, the discharge from these aging sewer systems
has "caused or contributed to beach closures, shellfish bed closures,
contamination of drinking water supplies and other environmental and
public health problems." In 1994, responding to the problem, the EPA
established a policy requiring communities to meet nine minimum
standards for reducing sewer outflows by January 1997.  Only a third of
the 772 communities with the older systems are meeting those standards
and only 19 percent have an approved long-term plan to control sewer
overflows.  To see the report, go to the EPA website at:
http://www.epa.gov/water/waternews/waternews.html#2.

      5:05/05. GLOBAL FOOD SCARES HIGHLIGHT NEED FOR
BETTER CONSUMER INFORMATION: Worldcatch News Network
reported on 31 January that a global forum of food safety regulators is
recommending that there be "complete transparency in the risk
assessment process and open, direct communication with the media" to
avoid public panic regarding the safety of seafood. This meeting comes
on the heel of the discovery of chloramphenicol, a potent antibiotic drug
posing a potential risk to human health, in shrimps and prawns from
China, causing the European Union Veterinary Committee to
recommend suspending imports of Chinese seafood and some meats (see
Sublegals, 5:04/13; 5:03/09).  The forum, held in Marrakesh, Morocco,
was sponsored by the United Nations' Food & Agriculture Organization
(FAO) and the World Health Organization (WHO), and included over
300 food safety experts from 104 countries meeting to discuss food
safety issues. The forum on food safety concerns also highlighted the
need for informational labeling, a project which IFR is currently
undertaking (see Sublegals 4:24:01; 4:17/01). To view the entire article
visit: www.worldcatch.com.

     5:05/06. "TAKE A PASS ON CHILEAN SEA BASS" CAMPAIGN
KICKS-OFF TO PROTECT PATAGONIAN TOOTHFISH: The
National Environmental Trust (NET), with support from some other
conservation and fishing groups, has kicked off its campaign urging
chefs and consumers to avoid purchasing Patagonian toothfish
(Dissostichus eleginoides) sold in the U.S. as "Chilean Sea Bass."  The
toothfish, a long-lived and slow growing fish, is caught in Antarctica
waters, usually by large factory long-line operations. The fishery is
largely unregulated, with a great deal of poaching occurring; the stocks
are considered by many to be overfished.  Additionally, unlike efforts
that have taken place in the North Pacific by the longline fleet to protect
albatross and other seabirds, the longlining operations in the southern
hemisphere for the toothfish are killing 200,000 seabirds annually,
including Wandering Albatrosses.  The fishery is currently of little
benefit to artisinal Chilean fishermen who, too, have been demanding an
end to factory longline operations and the overfishing of toothfish.  U.S.
fishermen point out that there are good substitutes for the mislabeled
toothfish in U.S. markets, including white sea bass and blackcod
(sablefish).  As part of the kick-off campaign, NET is hosting a press
conference at San Francisco's Farallon Restaurant on Tuesday, 5
February. For more information on the campaign, go to:
http://www.environet.org.

     5:05/07.  FISHING GROUPS DEMAND END TO ALL DUMPING
OF DREDGE SPOILS IN SAN FRANCISCO BAY:  On Thursday, 31
January, the Golden Gate Fishermen's Association (representing
charterboat sportfishing operators), IFR and PCFFA called for a
cessation of all dumping of dredge spoils in San Francisco Bay, the most
important estuary on the west coast of North and South America (see
Sublegals, 5:04/15).  Under the Bay's Long Term Management Strategy
(LTMS) an ocean site (the nation's first deepwater dredge disposal area)
and upland areas are available for disposing of the materials, but many
smaller projects are allowed to continue dumping in the Bay, harming
eelgrass beds (used as spawning habitat by herring, and nursery habitat
by Dungeness crab) and other essential fish habitat. The fishing groups
called for an end to all in-bay dumping by 31 December 2005. A copy of
the letter presented the LTMS Executive Committee on Thursday can be
viewed at: www.sublegals.net. 

     5:05/08. ONE PLATOON REACHES HERRING QUOTA IN SAN
FRANCISCO BAY; TOMALES BAY FISHERY REMAINS STRONG:
The California Department of Fish & Game (CDFG) announced the
"Odd Platoon" in the gillnet herring roe fishery in San Francisco Bay had
reached its quota on 29 January, taking an estimated 1400 tons of its
total allocation of 1440 tons.  The "Even Platoon" began fishing just 12
hours from the closure of the "Odd" fishery. The "Even" platoon will
fish successive weeks until they reach their quota of 1411 tons.  If the
"Even" group fills its quota prior to 22 March, the December "DH"
fishery will be allowed to fish for the balance of their unfilled quota (see
Sublegals, 5:02/04; 4:23/11).  In Tomales Bay, meanwhile, 168 tons
were harvested in the gillnet roe fishery there during the week of 21-25
January, and brought the season total to near 350 tons of their 500 ton
quota.  Roe counts have remained high for the Tomales fishery, at
around 15 percent.  For more information, call CDFG's Herring Hotline
at: (650) 631-6758.

     5:05/09.  BLACK MAPLE LEAF OVER BC:  On 31 January
Canada's new Liberal Party government lifted the five-year moratorium
on new British Columbia fish farm permits reports the Vancouver Sun. 
The previous New Democratic Party (NDP) government imposed the
moratorium in 1995 over concerns about massive escapes of Atlantic
salmon, transmission of diseases from fish farms to wild stocks, and
other environmental problems that continue today but have been ignored
by the new provincial government  (see Sublegals 5:03/06; 5:02/11;
4:23/02; 4:22/07).  Scientists believe the salmon aquaculture operations,
taking place in netpens in open waters in British Columbia, put wild
salmon at serious risk. "The maple leaf flying over BC is no longer red,
nor even green, nor blue, nor golden, but black," said PCFFA Executive
Director Zeke Grader.  "The decision to lift the moratorium puts all
Pacific salmon stocks at risk; it is contrary to the best science and was
made deliberately and maliciously by Premier Gordon Campbell,
jeopardizing the salmon fishery and fishing men and women."  For the
full Vancouver Sun article go to:
http://www.canada.com/components/printstory/
printstory.asp?id={66316DA7-6822-425D-A8B0-11AFEFAD8DE0}.     
                                        
     On Friday, following the announcement of the lifting of the
moratorium, a number of representatives appointed two years ago to the
provincial Salmon Aquaculture Implementation Advisory Committee
(SAIAC) quit in protest of the government decision and the way it was
apparently handled. SAIAC members were outraged that the letter
informing SAIAC members of the lifting of the moratorium was dated
10 January, several days before the 15 January SAIAC meeting, yet the
committee was kept entirely in the dark about the government's decision
until yesterday, 31 January. "We have been left out of the loop on every
major decision made by the province on salmon aquaculture, and the fact
that this letter was withheld for three weeks is the final straw," said
Laurie MacBride, Executive Director of the Georgia Strait Alliance and
a member of the SAIAC. 

     BC fishing and conservation groups have argued that salmon farming
(aquaculture) "should only be allowed if it has zero impact on the
environment, including no escapes. Introduced Atlantic salmon, which
are successfully reproducing in Vancouver Island streams and rivers,
should be prohibited as they are displacing fragile wild stocks from their
native habitat. And the ecological impact of salmon farming is far
reaching as fish like mackerel and anchovy from northern and southern
waters are removed in huge quantities to make high protein salmon
feed."  For more information, go to the David Suzuki Foundation
website at:
http://www.davidsuzuki.org/Campaigns_and_Programs/Salmon_Aquacu
lture/News_Releases/ news aquaculture01310201.asp. A copy of the BC
provincial government news release and background information can be
found at http://www.agf.gov.bc.ca/commbr/press/show.asp?267. Premier
Gordon Campbell's e-mail is: premier@gov.bc.ca; the e-mail address for
John van Dongen, Minister of Agriculture, Food & Fisheries is:
john.vandongen.mla@leg.bc.ca; the e-mail address for Joyce Murray,
Minister of Water, Land & Air Protection is:
joyce.murray.mla@leg.bc.ca; and the address for Stan Hagen, Minister
of Sustainable Resource Management is: stan.hagen.mla@leg.bc.ca.

     5:05/10. DUELING AQUACULTURE BILLS IN MAINE
LEGISLATURE:  While the government of British Columbia has
decided to lift the ban on new salmon farms in provincial waters, debate
is raging on the other side of the continent in Maine, where there is
competing legislation dealing with salmon farms in that state.
Fishermen, conservationists and coastal communities are promoting
legislation creating small but significant changes to Maine's aquaculture
public hearings and ecology reviews. Lobbyists of the multinational
salmon farming industry, meanwhile, are urging Maine legislators to
pass a controversial and very complicated bill package brought forward
on their behalf by the Maine Department of Marine Resources (DMR).
The industry-backed aquaculture legislation would reduce local control
over fish farms and eliminate many current environmental protections in
spite of many known environmental and biohazard risks from these
operations. The citizen-backed measure, L.D. 1428, (there is no number
yet for the industry-sponsored bill) would increase public participation
and improve fish pen environmental standards.  For more information,
contact Penboscot Baywatch at: http://www.penbay.org/aqbills.html.

     On 29 January, WorldCatch News Network reported "more than 200
petitioners from Hancock and Waldo counties will present the Maine
Department of Marine Resources with a proposed rule that would
increase environmental monitoring of fish farms and require the
department to consider whether a proposed aquaculture lease will detract
from the scenic character of the Maine coast."  On 7 February, the Maine
Legislature's Joint Legislature's Joint Standing Committee on Marine
Resources is scheduled to conduct a public hearing on legislation to
revise the state's aquaculture lease laws. As salmon aquaculture
operations seek to move further down Maine's coast, concern is growing
over contamination from existing fish farm sites, the outbreak of disease
in salmon attributed to the aquaculture operations (see Sublegals,
5:02/10), and the problem of farmed fish escaping their net pens into
rivers where the native Atlantic salmon are listed under the federal
Endangered Species Act (ESA). The proposed rule, drafted by the East
Penobscot Bay Environmental Alliance and the Conservation Law
Foundation (CLF), would make a number of changes in the way salmon
farms are regulated. DMR is being asked to adopt it as an interim
measure until a task force can identify areas of the coast where
aquaculture can take place and those where it should be prohibited. The
goal of the task force would be to put in place regional plans to address
conflicts between aquaculture, traditional fisheries and conservation
interests. For the WorldCatch report, go to: www.worldcatch.com.           

     5:05/11. DATE SET FOR WEST COAST'S LARGEST
COMERCIAL FISHING GEAR SWAP MEET: The Small Boat
Commercial Salmon Fishermen's Association will hold their annual
Commercial Fishing Gear Swap Meet on 9 March this year beginning at
1000 HRS at the Teamsters Union Hall in Oakland, California.
Advanced registration for vendor tables continues until 15 February. For
more information, go to http://www.sbcsfa.com/.  
 
     5:05/12. KLAMATH DRAFT WATER PLAN RELEASED,
SALMON AGAIN PUT AT RISK:  On 28 January, the U.S. Bureau of
Reclamation (BOR), the federal agency that operates the Klamath
Irrigation Project, released its draft "Biological Assessment" (BA) for the
2002 water year. The BA is the first step in the consultation process on
the 2002 draft water plan as required under the federal Endangered
Species Act (ESA). As proposed, however, the water allocations are
unlikely to survive inter-agency scrutiny or any legal challenge. The
document itself acknowledges that the new proposed lake levels and
downriver flows would be record lows, and would seriously impact the
basin's many ESA-listed species (e.g., coho salmon).   The BA, once
finalized, then goes to the U.S. Fish & Wildlife Service (USFWS) and
the National Marine Fisheries Service (NMFS) to issue Biological
Opinions (BiOps) and those agencies are sure to require major changes. 
The flows proposed by BOR at Iron Gate Dam for downriver threatened
coho salmon, for instance, are even less in this wetter than normal water
year than the barest minimum NMFS required during the 2001 drought
to prevent extinction; in similar critically dry years during June,
downriver flows would be less than one-fourth.

     The proposed Klamath water plan parrots the irrigators' hard-line
position that all the water in the Upper Klamath River and Upper
Klamath Lake actually belongs to the Bureau, that BOR has no legal
obligation whatsoever to provide water for ESA listed fish and wildlife
or to meet Tribal trust obligations, and that if Tribal, fish and wildlife
agencies want to supply water for these needs they will have to buy it
from BOR.  This is, in fact, how the Bureau was operated for much of its
history, a major reason so many Klamath Basin species of fish and
wildlife, including coho, are now listed under the ESA as threatened or
endangered.  However, this legal position has been repeatedly repudiated
in the courts as in violation of the ESA and of Constitutionally protected
Tribal trust obligations, most recently in Klamath Water Users
Association v. Patterson, 204 F.3d 1206 (9th Circuit 1999).  

     BOR is widely perceived as simply trying to shift the blame for water
reforms on to the fish and wildlife agencies and the Bureau of Indian
Affairs (BIA), and to the Endangered Species Act itself, just as they did
in 2001.  This sets up, thus, a potential legal confrontation that BOR is
unlikely to win, but which could plunge the Klamath Basin back into
legal gridlock and institutional crisis. Lower river commercial fishermen
have already filed a "60-Day Notice to Sue" for lack of a legal water plan
for the upcoming year (see Sublegals 5:04/05). BOR must have an
approved plan by 1 April to operate legally.  "This is in no way the
balanced water plan we were promised, it's a plan for extinction,"
commented Glen Spain of PCFFA, one of the co-signing groups on the
60-Day Notice. "However, lower river and fishing dependent
communities will no longer allow themselves to be sacrificed on the
alter of political expediency." 

    BOR's release and a link to the BA itself is available at:
www.doi.gov/news/klamathpr.html.  Comments on the Draft BA have to
be received by 8 February and should go to: Bob Davis, U.S. Bureau of
Reclamation Klamath Office, 6600 Washburn Way, Klamath Falls, OR
97603.  The Department of Interior does not currently have e-mail
service; call (541) 883-6935 for instructions on how to fax comments.

     5:05/13. BUREAU OF RECLAMATION TO TAP CENTRAL
VALLEY GROUNDWATER SOURCES: The U.S. Bureau of
Reclamation (BOR) has released a draft Environmental Assessment
(EA) for public review and comment on the extraction of up to 25,000
acre-feet of groundwater in California's Central Valley. This water,
which is not part of the Central Valley Project (CVP) water allotment, is
being used in exchange for an equivalent amount of water that is,
according to a 29 January BOR statement, "lost because of increased
environmental regulations that restrict water deliveries."  The recipients
of this ground water are members of the Mendota Pool Group, a subset
of irrigators in the Westlands Water District.                                
              

     The comment period continues until 28 February; copies of the EA
are available by calling (559) 487-5179.  Send written comments to Judi
Tapia, USBR, 1243 "N" Street, Fresno, CA 93721-1813.

     5:05/14. NORTH UMPQUA HYDRO PROJECT UP FOR
RELICENSING; SENATE ENERGY BILL COULD WEAKEN
PROTECTIONS FOR FISH:  The North Umpqua Hydroelectric Project,
located on a salmon-producing river in Oregon, is currently up for
relicensing by the Federal Energy Regulatory Commission (FERC). The
project is owned by Scottish Power, a foreign company.  What makes
this project of concern is, that in addition to it being the first in a long
series of hydro-dam operations on salmon rivers that are up for FERC
relicensing, this project could find itself under licensing procedures that
are much more lax and much less fish-friendly. The current hydropower
provisions in the energy bill before the U.S. Senate, S. 1766, weaken fish
protection.  One organization, American Rivers, is calling for
amendments to S. 1766 to strengthen it by:

     1) Closing the loophole on annual license extensions that allow
industry foot dragging and continued harm to fish and the environment. 
S. 1766 acknowledges the problem, but leaves the annual licensing
incentive in place. 
    2) Enhancing and supporting the role of state resource agencies to
protect fish and wildlife and water quality. In order to ensure that states
can protect water quality over the life of the license, Congress will need
to affirm the rights of states to review and amend water quality
conditions on a regular basis. S.1766 would take steps to integrate
federal agencies with FERC procedures and ensure adequate information
is provided the agencies by license applicants; it should do the same for
States.
     3) Granting states, tribes, the fishing industry and the public equal
standing with the hydropower industry consistent with all other elements
of the process and basic fairness.

     On the U.S. west coast, key Senators dealing with this legislation are
Ron Wyden (D-OR) and Maria Cantwell (D-WA).  For more
information, go to: http://www.americanrivers.org/. For an excellent
article on power deregulation in the Pacific Northwest and
"greenwashing," see Alexander Cockburn's article, "You Mean, We Won
Something?" (p.8) in the 7-14 January issue of The Nation at:
www.thenation.com. 

     5:05/15.  NOAA WARNS OF POSSIBLE EL NINO:  The National
Ocean & Atmospheric Administration (NOAA) Climate Prediction
Center has issued a warning that ocean temperatures in the tropical
Pacific give every indication that 2002 will be a El Nino year, though the
agency cautioned that it is too early to predict the magnitude of the
potential El Nino or how long it might last.  A moderate El Nino event
would mean a drier than normal autumn in the Pacific Northwest, but
much higher rainfalls in California, a warming ocean causing major
shifts of the migratory patterns of many Pacific Ocean species, and
decreased survival rates for Pacific salmon.  The last such event took
place during 1997-98 and was extremely severe. For more see:
http://www.noaanews.noaa.gov/stories/s849.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> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;~~&gt;FISHLINK SUBLEGALS &nbsp;&nbsp;2/1/02&lt;~~
<BR>##########################################################
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND
<BR> &nbsp;&nbsp;&nbsp;&nbsp;LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES 
<BR> &nbsp;&nbsp;&nbsp;&nbsp;AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ASSOCIATIONS
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;VOL. 5, NO. 05 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;1 FEBRUARY 2002
<BR>##########################################################
<BR>This week's issue of Sublegals is available in PDF format on the web at
<BR>www.sublegals.net. We have also pasted the text below for those that
<BR>still wish to read it through your email. In the coming weeks we will be
<BR>posting all past issues as well as a search engine. In addition to this new
<BR>look, we are continuing our Sublegals Fundraiser to support the Institute
<BR>for Fisheries Resources and the Pacific Coast Federation of Fishermen's
<BR>Associations in publishing this weekly newsletter free of charge. We
<BR>have recently passed our 100th issue, with very little funding, and are
<BR>looking to our readers to sustain the continuation of this effort. Thank
<BR>you for your support of community fisheries education.
<BR>##########################################################
<BR>"All key decisions on salmon farming have been made behind our backs
<BR>in private meetings with the salmon farming industry. The province is
<BR>acting for big business and the handful of huge multinationals that
<BR>control salmon farming, while sidestepping any input from those
<BR>concerned about significant environmental impacts."...........David Lane
<BR>##########################################################
<BR>IN THIS ISSUE.......
<BR>
<BR>PCFFA CALLS FOR BOUNDARY CORRECTION, DEFINITION 
<BR>OF ROLE, IN SANCTUARY SCOPING COMMENTS. &nbsp;5:05/01
<BR>
<BR>GLOBAL FOOD SCARES HIGHLIGHT NEED FOR 
<BR>BETTER CONSUMER EDUCATION. 5:05/05.
<BR>
<BR>FISHING GROUPS DEMAND END TO ALL DUMPING 
<BR>OF DREDGE SPOILS IN SAN FRANCISCO BAY. &nbsp;5:05/07.
<BR>
<BR>BRITISH COLUMBIA DEFIES SCIENTISTS, LIFTS 5-YEAR
<BR>MORATORIUM ON NEW SALMON FARMS. 5:05/09.
<BR>
<BR>BOR RELEASES DRAFT KLAMATH WATER PLAN 
<BR>FOR 2002, SALMON AGAIN PUT AT RISK. &nbsp;5:05/12.
<BR>
<BR>AND MORE...... &nbsp;
<BR>########################################################## 
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/01. &nbsp;SANCTUARY SCOPING COMMENTS BRING CALLS
<BR>FOR BOUNDARY CORRECTION, DEFINITION OF NMS ROLE: In
<BR>a letter dated 30 January, PCFFA submitted its "scooping" comments for
<BR>the "Joint Management Plan Review of the Gulf of the Farallones,
<BR>Cordell Bank and Monterey Bay National Marine Sanctuaries" (see
<BR>Sublegals, 4:21/08), calling for, among other things, an immediate
<BR>correction of the boundary between the Gulf of the Farallones and
<BR>Monterey Bay sanctuaries to reflect geographic, biological,
<BR>oceanographic and political "realities." The three sanctuaries, of the four
<BR>off California's coast, are embarking on a multi-year review of their
<BR>programs. &nbsp;The other sanctuary, Channel Islands, already has its
<BR>management plan review under way that includes a controversial
<BR>proposal for establishing some marine protected areas (MPAs) within its
<BR>boundaries. &nbsp;In December and January, 20 scoping sessions were held in
<BR>California and Washington, DC, to take testimony on what issues should
<BR>be addressed in the review. &nbsp;&nbsp;&nbsp;&nbsp;
<BR> 
<BR> &nbsp;&nbsp;&nbsp;&nbsp;The correction called for in the scoping letter recommends a straight
<BR>line due west at Ano Nuevo (the boundary line between Santa Cruz and
<BR>San Mateo Counties) that separates the Northern California Marine from
<BR>the Central California Ecological Province, as the boundary between the
<BR>two sanctuaries. The current Monterey Bay boundary snakes north up
<BR>into the Gulf of the Farallones, inside of the present Gulf of the
<BR>Farallones sanctuary boundary, to the Marin Coast (north of the Golden
<BR>Gate). &nbsp;The letter further recommended a review of the issue of any
<BR>proposed southern expansion of the Monterey Bay sanctuary, calling for
<BR>a separate, "stand-alone" sanctuary for the San Luis Obispo and northern
<BR>Santa Barbara County coast if there were public support for sanctuary
<BR>status in that area. &nbsp;PCFFA also strongly rejected any proposal for
<BR>collapsing the three sanctuaries into one "super sanctuary," calling it a
<BR>"bad idea, which would destroy the effectiveness of the sanctuaries, and
<BR>thwart constituency building and public 'ownership' of the sanctuary
<BR>program."
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;In the letter, too, was a request for review of sanctuary regulation -
<BR>defining those things sanctuaries needed to regulate (e.g., personal water
<BR>craft, dumping of highway debris) and those areas where consultation
<BR>with existing regulatory authorities (e.g., fishing, water quality,
<BR>navigation) was appropriate. Finally, PCFFA asked that the inequity of
<BR>funding between sanctuaries and the huge overhead the national office
<BR>was taking be addressed in the management plan review. &nbsp;To see the
<BR>letter go to: www.sublegals.net. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/02. U.S. ECOSYSTEMS MUCH ALTERED BY NITROGEN
<BR>POLLUTION: Much of the nitrogen pollution in ecosystems throughout
<BR>the United States comes not, as previously believed, from natural
<BR>sources, but from acid rain and agricultural fertilizers, according to a
<BR>study of ancient and unpolluted South American forests published in the
<BR>24 January issue of Nature. By comparison of untouched ecosystems to
<BR>our own, the results of several hundred years of agricultural and
<BR>industrial development can be chronicled. For more see the 25 January
<BR>Environment New Service at:
<BR>http://ens-news.com/ens/jan2002/2002L-01-25-06.html or go to the issue
<BR>itself at: http://www.nature.com.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/03. FISH &amp; GAME COMMISSION TO MEET IN
<BR>SACRAMENTO: The California Fish &amp; Game Commission will meet
<BR>on Friday-Saturday, 8-9 February in the Resources Building Auditorium,
<BR>1416 Ninth Street in Sacramento, California. &nbsp;Discussion items include:
<BR>
<BR>* CALFED Bay-Delta Program
<BR>* Designation of Marine Protected Areas within Channel Islands
<BR>National Marine Sanctuary
<BR>* Marine Life Protection Act (MLPA) timeline
<BR>* Joint Salmon Hatchery Review
<BR>* Notice of intent to amend regulations concerning ocean salmon
<BR>fishing.
<BR>* Notice of intent to amend regulations regarding Klamath-Trinity River
<BR>salmon and in-river fall Chinook salmon allocation. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;The meeting will begin at 0900 HRS on Friday and 0830 HRS on
<BR>Saturday. &nbsp;For more information call (916) 653-4899 or for the full
<BR>agenda go to www.dfg.ca.gov/fg_comm and click on meetings. 
<BR>
<BR> &nbsp;&nbsp;5:05/04. EPA WARNS OF HEALTH RISKS FROM SEWAGE
<BR>OVERFLOW POLLUTING NATION'S WATERS. &nbsp;In a 29 January
<BR>report to Congress, the U.S. Environmental Protection Agency (EPA)
<BR>warned that aging sewer systems are discharging 1.2 trillion gallons of
<BR>untreated sewage into the nation's waters each year, contaminating fish
<BR>and shellfish and increasing the likelihood of waterborne disease
<BR>outbreaks. One instance on such a sewer (they are designed to overflow
<BR>when it rains) discharge occurred two weeks ago when the city of Pacific
<BR>Grove's system dumped raw sewage into Monterey Bay. &nbsp;The discharge
<BR>of raw sewage not only affects water quality and human health, but is
<BR>believed to be affecting the sea otter population along the California
<BR>coast as well.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;According to the EPA, the discharge from these aging sewer systems
<BR>has "caused or contributed to beach closures, shellfish bed closures,
<BR>contamination of drinking water supplies and other environmental and
<BR>public health problems." In 1994, responding to the problem, the EPA
<BR>established a policy requiring communities to meet nine minimum
<BR>standards for reducing sewer outflows by January 1997. &nbsp;Only a third of
<BR>the 772 communities with the older systems are meeting those standards
<BR>and only 19 percent have an approved long-term plan to control sewer
<BR>overflows. &nbsp;To see the report, go to the EPA website at:
<BR>http://www.epa.gov/water/waternews/waternews.html#2.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;5:05/05. GLOBAL FOOD SCARES HIGHLIGHT NEED FOR
<BR>BETTER CONSUMER INFORMATION: Worldcatch News Network
<BR>reported on 31 January that a global forum of food safety regulators is
<BR>recommending that there be "complete transparency in the risk
<BR>assessment process and open, direct communication with the media" to
<BR>avoid public panic regarding the safety of seafood. This meeting comes
<BR>on the heel of the discovery of chloramphenicol, a potent antibiotic drug
<BR>posing a potential risk to human health, in shrimps and prawns from
<BR>China, causing the European Union Veterinary Committee to
<BR>recommend suspending imports of Chinese seafood and some meats (see
<BR>Sublegals, 5:04/13; 5:03/09). &nbsp;The forum, held in Marrakesh, Morocco,
<BR>was sponsored by the United Nations' Food &amp; Agriculture Organization
<BR>(FAO) and the World Health Organization (WHO), and included over
<BR>300 food safety experts from 104 countries meeting to discuss food
<BR>safety issues. The forum on food safety concerns also highlighted the
<BR>need for informational labeling, a project which IFR is currently
<BR>undertaking (see Sublegals 4:24:01; 4:17/01). To view the entire article
<BR>visit: www.worldcatch.com.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/06. "TAKE A PASS ON CHILEAN SEA BASS" CAMPAIGN
<BR>KICKS-OFF TO PROTECT PATAGONIAN TOOTHFISH: The
<BR>National Environmental Trust (NET), with support from some other
<BR>conservation and fishing groups, has kicked off its campaign urging
<BR>chefs and consumers to avoid purchasing Patagonian toothfish
<BR>(Dissostichus eleginoides) sold in the U.S. as "Chilean Sea Bass." &nbsp;The
<BR>toothfish, a long-lived and slow growing fish, is caught in Antarctica
<BR>waters, usually by large factory long-line operations. The fishery is
<BR>largely unregulated, with a great deal of poaching occurring; the stocks
<BR>are considered by many to be overfished. &nbsp;Additionally, unlike efforts
<BR>that have taken place in the North Pacific by the longline fleet to protect
<BR>albatross and other seabirds, the longlining operations in the southern
<BR>hemisphere for the toothfish are killing 200,000 seabirds annually,
<BR>including Wandering Albatrosses. &nbsp;The fishery is currently of little
<BR>benefit to artisinal Chilean fishermen who, too, have been demanding an
<BR>end to factory longline operations and the overfishing of toothfish. &nbsp;U.S.
<BR>fishermen point out that there are good substitutes for the mislabeled
<BR>toothfish in U.S. markets, including white sea bass and blackcod
<BR>(sablefish). &nbsp;As part of the kick-off campaign, NET is hosting a press
<BR>conference at San Francisco's Farallon Restaurant on Tuesday, 5
<BR>February. For more information on the campaign, go to:
<BR>http://www.environet.org.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/07. &nbsp;FISHING GROUPS DEMAND END TO ALL DUMPING
<BR>OF DREDGE SPOILS IN SAN FRANCISCO BAY: &nbsp;On Thursday, 31
<BR>January, the Golden Gate Fishermen's Association (representing
<BR>charterboat sportfishing operators), IFR and PCFFA called for a
<BR>cessation of all dumping of dredge spoils in San Francisco Bay, the most
<BR>important estuary on the west coast of North and South America (see
<BR>Sublegals, 5:04/15). &nbsp;Under the Bay's Long Term Management Strategy
<BR>(LTMS) an ocean site (the nation's first deepwater dredge disposal area)
<BR>and upland areas are available for disposing of the materials, but many
<BR>smaller projects are allowed to continue dumping in the Bay, harming
<BR>eelgrass beds (used as spawning habitat by herring, and nursery habitat
<BR>by Dungeness crab) and other essential fish habitat. The fishing groups
<BR>called for an end to all in-bay dumping by 31 December 2005. A copy of
<BR>the letter presented the LTMS Executive Committee on Thursday can be
<BR>viewed at: www.sublegals.net. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/08. ONE PLATOON REACHES HERRING QUOTA IN SAN
<BR>FRANCISCO BAY; TOMALES BAY FISHERY REMAINS STRONG:
<BR>The California Department of Fish &amp; Game (CDFG) announced the
<BR>"Odd Platoon" in the gillnet herring roe fishery in San Francisco Bay had
<BR>reached its quota on 29 January, taking an estimated 1400 tons of its
<BR>total allocation of 1440 tons. &nbsp;The "Even Platoon" began fishing just 12
<BR>hours from the closure of the "Odd" fishery. The "Even" platoon will
<BR>fish successive weeks until they reach their quota of 1411 tons. &nbsp;If the
<BR>"Even" group fills its quota prior to 22 March, the December "DH"
<BR>fishery will be allowed to fish for the balance of their unfilled quota (see
<BR>Sublegals, 5:02/04; 4:23/11). &nbsp;In Tomales Bay, meanwhile, 168 tons
<BR>were harvested in the gillnet roe fishery there during the week of 21-25
<BR>January, and brought the season total to near 350 tons of their 500 ton
<BR>quota. &nbsp;Roe counts have remained high for the Tomales fishery, at
<BR>around 15 percent. &nbsp;For more information, call CDFG's Herring Hotline
<BR>at: (650) 631-6758.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/09. &nbsp;BLACK MAPLE LEAF OVER BC: &nbsp;On 31 January
<BR>Canada's new Liberal Party government lifted the five-year moratorium
<BR>on new British Columbia fish farm permits reports the Vancouver Sun. 
<BR>The previous New Democratic Party (NDP) government imposed the
<BR>moratorium in 1995 over concerns about massive escapes of Atlantic
<BR>salmon, transmission of diseases from fish farms to wild stocks, and
<BR>other environmental problems that continue today but have been ignored
<BR>by the new provincial government &nbsp;(see Sublegals 5:03/06; 5:02/11;
<BR>4:23/02; 4:22/07). &nbsp;Scientists believe the salmon aquaculture operations,
<BR>taking place in netpens in open waters in British Columbia, put wild
<BR>salmon at serious risk. "The maple leaf flying over BC is no longer red,
<BR>nor even green, nor blue, nor golden, but black," said PCFFA Executive
<BR>Director Zeke Grader. &nbsp;"The decision to lift the moratorium puts all
<BR>Pacific salmon stocks at risk; it is contrary to the best science and was
<BR>made deliberately and maliciously by Premier Gordon Campbell,
<BR>jeopardizing the salmon fishery and fishing men and women." &nbsp;For the
<BR>full Vancouver Sun article go to:
<BR>http://www.canada.com/components/printstory/
<BR>printstory.asp?id={66316DA7-6822-425D-A8B0-11AFEFAD8DE0}. &nbsp;&nbsp;&nbsp;&nbsp;
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<BR> &nbsp;&nbsp;&nbsp;&nbsp;On Friday, following the announcement of the lifting of the
<BR>moratorium, a number of representatives appointed two years ago to the
<BR>provincial Salmon Aquaculture Implementation Advisory Committee
<BR>(SAIAC) quit in protest of the government decision and the way it was
<BR>apparently handled. SAIAC members were outraged that the letter
<BR>informing SAIAC members of the lifting of the moratorium was dated
<BR>10 January, several days before the 15 January SAIAC meeting, yet the
<BR>committee was kept entirely in the dark about the government's decision
<BR>until yesterday, 31 January. "We have been left out of the loop on every
<BR>major decision made by the province on salmon aquaculture, and the fact
<BR>that this letter was withheld for three weeks is the final straw," said
<BR>Laurie MacBride, Executive Director of the Georgia Strait Alliance and
<BR>a member of the SAIAC. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;BC fishing and conservation groups have argued that salmon farming
<BR>(aquaculture) "should only be allowed if it has zero impact on the
<BR>environment, including no escapes. Introduced Atlantic salmon, which
<BR>are successfully reproducing in Vancouver Island streams and rivers,
<BR>should be prohibited as they are displacing fragile wild stocks from their
<BR>native habitat. And the ecological impact of salmon farming is far
<BR>reaching as fish like mackerel and anchovy from northern and southern
<BR>waters are removed in huge quantities to make high protein salmon
<BR>feed." &nbsp;For more information, go to the David Suzuki Foundation
<BR>website at:
<BR>http://www.davidsuzuki.org/Campaigns_and_Programs/Salmon_Aquacu
<BR>lture/News_Releases/ news aquaculture01310201.asp. A copy of the BC
<BR>provincial government news release and background information can be
<BR>found at http://www.agf.gov.bc.ca/commbr/press/show.asp?267. Premier
<BR>Gordon Campbell's e-mail is: premier@gov.bc.ca; the e-mail address for
<BR>John van Dongen, Minister of Agriculture, Food &amp; Fisheries is:
<BR>john.vandongen.mla@leg.bc.ca; the e-mail address for Joyce Murray,
<BR>Minister of Water, Land &amp; Air Protection is:
<BR>joyce.murray.mla@leg.bc.ca; and the address for Stan Hagen, Minister
<BR>of Sustainable Resource Management is: stan.hagen.mla@leg.bc.ca.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/10. DUELING AQUACULTURE BILLS IN MAINE
<BR>LEGISLATURE: &nbsp;While the government of British Columbia has
<BR>decided to lift the ban on new salmon farms in provincial waters, debate
<BR>is raging on the other side of the continent in Maine, where there is
<BR>competing legislation dealing with salmon farms in that state.
<BR>Fishermen, conservationists and coastal communities are promoting
<BR>legislation creating small but significant changes to Maine's aquaculture
<BR>public hearings and ecology reviews. Lobbyists of the multinational
<BR>salmon farming industry, meanwhile, are urging Maine legislators to
<BR>pass a controversial and very complicated bill package brought forward
<BR>on their behalf by the Maine Department of Marine Resources (DMR).
<BR>The industry-backed aquaculture legislation would reduce local control
<BR>over fish farms and eliminate many current environmental protections in
<BR>spite of many known environmental and biohazard risks from these
<BR>operations. The citizen-backed measure, L.D. 1428, (there is no number
<BR>yet for the industry-sponsored bill) would increase public participation
<BR>and improve fish pen environmental standards. &nbsp;For more information,
<BR>contact Penboscot Baywatch at: http://www.penbay.org/aqbills.html.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;On 29 January, WorldCatch News Network reported "more than 200
<BR>petitioners from Hancock and Waldo counties will present the Maine
<BR>Department of Marine Resources with a proposed rule that would
<BR>increase environmental monitoring of fish farms and require the
<BR>department to consider whether a proposed aquaculture lease will detract
<BR>from the scenic character of the Maine coast." &nbsp;On 7 February, the Maine
<BR>Legislature's Joint Legislature's Joint Standing Committee on Marine
<BR>Resources is scheduled to conduct a public hearing on legislation to
<BR>revise the state's aquaculture lease laws. As salmon aquaculture
<BR>operations seek to move further down Maine's coast, concern is growing
<BR>over contamination from existing fish farm sites, the outbreak of disease
<BR>in salmon attributed to the aquaculture operations (see Sublegals,
<BR>5:02/10), and the problem of farmed fish escaping their net pens into
<BR>rivers where the native Atlantic salmon are listed under the federal
<BR>Endangered Species Act (ESA). The proposed rule, drafted by the East
<BR>Penobscot Bay Environmental Alliance and the Conservation Law
<BR>Foundation (CLF), would make a number of changes in the way salmon
<BR>farms are regulated. DMR is being asked to adopt it as an interim
<BR>measure until a task force can identify areas of the coast where
<BR>aquaculture can take place and those where it should be prohibited. The
<BR>goal of the task force would be to put in place regional plans to address
<BR>conflicts between aquaculture, traditional fisheries and conservation
<BR>interests. For the WorldCatch report, go to: www.worldcatch.com. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/11. DATE SET FOR WEST COAST'S LARGEST
<BR>COMERCIAL FISHING GEAR SWAP MEET: The Small Boat
<BR>Commercial Salmon Fishermen's Association will hold their annual
<BR>Commercial Fishing Gear Swap Meet on 9 March this year beginning at
<BR>1000 HRS at the Teamsters Union Hall in Oakland, California.
<BR>Advanced registration for vendor tables continues until 15 February. For
<BR>more information, go to http://www.sbcsfa.com/. &nbsp;
<BR> 
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/12. KLAMATH DRAFT WATER PLAN RELEASED,
<BR>SALMON AGAIN PUT AT RISK: &nbsp;On 28 January, the U.S. Bureau of
<BR>Reclamation (BOR), the federal agency that operates the Klamath
<BR>Irrigation Project, released its draft "Biological Assessment" (BA) for the
<BR>2002 water year. The BA is the first step in the consultation process on
<BR>the 2002 draft water plan as required under the federal Endangered
<BR>Species Act (ESA). As proposed, however, the water allocations are
<BR>unlikely to survive inter-agency scrutiny or any legal challenge. The
<BR>document itself acknowledges that the new proposed lake levels and
<BR>downriver flows would be record lows, and would seriously impact the
<BR>basin's many ESA-listed species (e.g., coho salmon). &nbsp;&nbsp;The BA, once
<BR>finalized, then goes to the U.S. Fish &amp; Wildlife Service (USFWS) and
<BR>the National Marine Fisheries Service (NMFS) to issue Biological
<BR>Opinions (BiOps) and those agencies are sure to require major changes. 
<BR>The flows proposed by BOR at Iron Gate Dam for downriver threatened
<BR>coho salmon, for instance, are even less in this wetter than normal water
<BR>year than the barest minimum NMFS required during the 2001 drought
<BR>to prevent extinction; in similar critically dry years during June,
<BR>downriver flows would be less than one-fourth.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;The proposed Klamath water plan parrots the irrigators' hard-line
<BR>position that all the water in the Upper Klamath River and Upper
<BR>Klamath Lake actually belongs to the Bureau, that BOR has no legal
<BR>obligation whatsoever to provide water for ESA listed fish and wildlife
<BR>or to meet Tribal trust obligations, and that if Tribal, fish and wildlife
<BR>agencies want to supply water for these needs they will have to buy it
<BR>from BOR. &nbsp;This is, in fact, how the Bureau was operated for much of its
<BR>history, a major reason so many Klamath Basin species of fish and
<BR>wildlife, including coho, are now listed under the ESA as threatened or
<BR>endangered. &nbsp;However, this legal position has been repeatedly repudiated
<BR>in the courts as in violation of the ESA and of Constitutionally protected
<BR>Tribal trust obligations, most recently in Klamath Water Users
<BR>Association v. Patterson, 204 F.3d 1206 (9th Circuit 1999). &nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;BOR is widely perceived as simply trying to shift the blame for water
<BR>reforms on to the fish and wildlife agencies and the Bureau of Indian
<BR>Affairs (BIA), and to the Endangered Species Act itself, just as they did
<BR>in 2001. &nbsp;This sets up, thus, a potential legal confrontation that BOR is
<BR>unlikely to win, but which could plunge the Klamath Basin back into
<BR>legal gridlock and institutional crisis. Lower river commercial fishermen
<BR>have already filed a "60-Day Notice to Sue" for lack of a legal water plan
<BR>for the upcoming year (see Sublegals 5:04/05). BOR must have an
<BR>approved plan by 1 April to operate legally. &nbsp;"This is in no way the
<BR>balanced water plan we were promised, it's a plan for extinction,"
<BR>commented Glen Spain of PCFFA, one of the co-signing groups on the
<BR>60-Day Notice. "However, lower river and fishing dependent
<BR>communities will no longer allow themselves to be sacrificed on the
<BR>alter of political expediency." 
<BR>
<BR> &nbsp;&nbsp;&nbsp;BOR's release and a link to the BA itself is available at:
<BR>www.doi.gov/news/klamathpr.html. &nbsp;Comments on the Draft BA have to
<BR>be received by 8 February and should go to: Bob Davis, U.S. Bureau of
<BR>Reclamation Klamath Office, 6600 Washburn Way, Klamath Falls, OR
<BR>97603. &nbsp;The Department of Interior does not currently have e-mail
<BR>service; call (541) 883-6935 for instructions on how to fax comments.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/13. BUREAU OF RECLAMATION TO TAP CENTRAL
<BR>VALLEY GROUNDWATER SOURCES: The U.S. Bureau of
<BR>Reclamation (BOR) has released a draft Environmental Assessment
<BR>(EA) for public review and comment on the extraction of up to 25,000
<BR>acre-feet of groundwater in California's Central Valley. This water,
<BR>which is not part of the Central Valley Project (CVP) water allotment, is
<BR>being used in exchange for an equivalent amount of water that is,
<BR>according to a 29 January BOR statement, "lost because of increased
<BR>environmental regulations that restrict water deliveries." &nbsp;The recipients
<BR>of this ground water are members of the Mendota Pool Group, a subset
<BR>of irrigators in the Westlands Water District. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;The comment period continues until 28 February; copies of the EA
<BR>are available by calling (559) 487-5179. &nbsp;Send written comments to Judi
<BR>Tapia, USBR, 1243 "N" Street, Fresno, CA 93721-1813.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/14. NORTH UMPQUA HYDRO PROJECT UP FOR
<BR>RELICENSING; SENATE ENERGY BILL COULD WEAKEN
<BR>PROTECTIONS FOR FISH: &nbsp;The North Umpqua Hydroelectric Project,
<BR>located on a salmon-producing river in Oregon, is currently up for
<BR>relicensing by the Federal Energy Regulatory Commission (FERC). The
<BR>project is owned by Scottish Power, a foreign company. &nbsp;What makes
<BR>this project of concern is, that in addition to it being the first in a long
<BR>series of hydro-dam operations on salmon rivers that are up for FERC
<BR>relicensing, this project could find itself under licensing procedures that
<BR>are much more lax and much less fish-friendly. The current hydropower
<BR>provisions in the energy bill before the U.S. Senate, S. 1766, weaken fish
<BR>protection. &nbsp;One organization, American Rivers, is calling for
<BR>amendments to S. 1766 to strengthen it by:
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;1) Closing the loophole on annual license extensions that allow
<BR>industry foot dragging and continued harm to fish and the environment. 
<BR>S. 1766 acknowledges the problem, but leaves the annual licensing
<BR>incentive in place. 
<BR> &nbsp;&nbsp;&nbsp;2) Enhancing and supporting the role of state resource agencies to
<BR>protect fish and wildlife and water quality. In order to ensure that states
<BR>can protect water quality over the life of the license, Congress will need
<BR>to affirm the rights of states to review and amend water quality
<BR>conditions on a regular basis. S.1766 would take steps to integrate
<BR>federal agencies with FERC procedures and ensure adequate information
<BR>is provided the agencies by license applicants; it should do the same for
<BR>States.
<BR> &nbsp;&nbsp;&nbsp;&nbsp;3) Granting states, tribes, the fishing industry and the public equal
<BR>standing with the hydropower industry consistent with all other elements
<BR>of the process and basic fairness.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;On the U.S. west coast, key Senators dealing with this legislation are
<BR>Ron Wyden (D-OR) and Maria Cantwell (D-WA). &nbsp;For more
<BR>information, go to: http://www.americanrivers.org/. For an excellent
<BR>article on power deregulation in the Pacific Northwest and
<BR>"greenwashing," see Alexander Cockburn's article, "You Mean, We Won
<BR>Something?" (p.8) in the 7-14 January issue of The Nation at:
<BR>www.thenation.com. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:05/15. &nbsp;NOAA WARNS OF POSSIBLE EL NINO: &nbsp;The National
<BR>Ocean &amp; Atmospheric Administration (NOAA) Climate Prediction
<BR>Center has issued a warning that ocean temperatures in the tropical
<BR>Pacific give every indication that 2002 will be a El Nino year, though the
<BR>agency cautioned that it is too early to predict the magnitude of the
<BR>potential El Nino or how long it might last. &nbsp;A moderate El Nino event
<BR>would mean a drier than normal autumn in the Pacific Northwest, but
<BR>much higher rainfalls in California, a warming ocean causing major
<BR>shifts of the migratory patterns of many Pacific Ocean species, and
<BR>decreased survival rates for Pacific salmon. &nbsp;The last such event took
<BR>place during 1997-98 and was extremely severe. For more see:
<BR>http://www.noaanews.noaa.gov/stories/s849.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). 
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