[Fishlink] ~~>FISHLINK SUBLEGALS 2/8/02<~~
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~~>FISHLINK SUBLEGALS 2/8/02<~~
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A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND
LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES=20
AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S
ASSOCIATIONS
VOL. 05, NO. 06 8 FEBRUARY 2002
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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. You may also=20
go to our web site at: www.sublegals.net for archives of back issues=20
and instructions on how to donate to these efforts.
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"While in New York we were still attending the memorial services for
firefighters and police officers, while everywhere Americans' cheeks are
still stained with tears, while the President calls for patriotism, prayers,
and piety, the predators of Washington are up to their old tricks in the
pursuit of private plunder at public expense."..............Bill Moyers=20
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IN THIS ISSUE.......
NRC REPORT FINDS SCIENCE INCONCLUSIVE IN KLAMATH,
UNDERCUTS BOR'S PLAN FOR LESS LAKE WATER. 5:06/01
FUROR OVER BC DECISION TO LIFT SALMON=20
FARM MORATORIUM. 5:06/05.
CALIFORNIA BOARD OF FORESTRY UPHOLDS DENIAL=20
OF GUALALA RIVER THP. 5:06/07.
"SLAPP SUIT" FILED AGAINST CALIFORNIA CRAB
ASSOCIATIONS, FISHERMEN. 5:06/09.
POET-FISHERMEN GATHER IN ASTORIA. 5:06/13.
AND MORE.......
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5:06/01. NRC REPORT CONFIRMS KLAMATH PROJECT
PROBLEMS BUT SAYS EVIDENCE FOR PARTICULAR LAKE
LEVELS STILL INCONCLUSIVE: On 4 February, the National
Research Council (NRC), a division of the National Academy of
Sciences (NAS), issued an "Interim Report" from its Committee on
Endangered & Threatened Fishes in the Klamath River Basin, titled
"Scientific Evaluation of Biological Opinions." The Committee was
established last year by U.S. Interior Secretary Gail Norton to examine
the underlying scientific foundations of the 2001 Biological Opinions
(BiOps) for the operation of the federal Klamath Irrigation Project (see
Sublegals 4:17/08). =20
The Committee's preliminary findings were that the science linking
Upper Klamath Lake fish kills with particular lake levels is still
statistically inconclusive, partially because there was a limited range of
data from which to draw any clear correlation because rigorous records
on fish kills and lake levels were only kept from 1990 to 2000.=20
However, the Committee also said bluntly that there is no scientific
justification for the Bureau of Reclamation's (BOR) alternative proposals
for lowering Upper Klamath Lake and Klamath River water levels to
historic lows. On this issue the NRC report stated (p.16): "The absence
of any presently evident empirical connection between the observed lake
levels and the welfare of the endangered suckers cannot be taken as
justification for continuous or frequent operation of the lake at the
lowest possible levels, given that the effects of operating the lake at
lower levels are undocumented. Thus, while the observational record
contradicts important underlying assumptions of the [Biological
Opinion], it does not provide an endorsement for the lake levels
proposed in the USBR biological assessment, which if implemented
could take interannual mean lake levels well below those of recent
historical observation."=20
The report thus seriously undercuts the BOR's current 2002 water
plan, which calls for water levels for the next ten years to be maintained
at levels in dry years even lower than the BOR proposed in 2001 during
a record drought, and far below levels deemed by the wildlife agencies
last year to be the barest minimum required for fish survival. This plan
is now under consideration by the U.S. Fish & Wildlife Service
(USFWS) and the National Marine Fisheries Service (NMFS) as part of
their formal consultation process under Section 7 of the Endangered
Species Act (ESA). These agencies are expected to require much higher
lake levels to protect ESA-listed lake fish as well as much higher
instream flows to protect downriver ESA-listed coho salmon runs (see
Sublegals 5:05/12).
The NRC report also questioned the value of putting more water
in-river to help threatened coho salmon, but only because the water
coming downstream from the Klamath Irrigation Project and through
Iron Gate Dam is so hot and so laced with agricultural chemicals that its
value for salmon may be marginal. Overall, however, the NRC report
confirms serious problems in the Klamath Project area caused by
agriculture, including unscreened water diversions (estimated by the
Bureau at up to 220 unscreened diversions), elevated phosphate and
nitrate levels leading to massive algae blooms, elevated water
temperatures and widespread and serious lake eutrophication.=20
The PCFFA comments on the current BOR Biological Assessment on
its 2002 water plan are posted at: www.pcffa.org. The NRC Interim
Report is available at: http://www.eswr.com/nrcklamathreport.pdf.=20
However, several recent key studies were not available to the NRC
Committee at the time of its preliminary findings, the final NRC report
is not due until March 2003, and the science is still developing. PCFFA
has joined other organizations in issuing a "Statement Regarding the
NAS Preliminary Report" asking the government to stay the course on
major Klamath Basin restoration programs, to take a precautionary
approach and to address those problems highlighted by the NRC report
while obtaining better data. This statement is also available on its web
site at: www.pcffa.org.
5:06/02. KLAMATH DELISTING LAWSUIT FILED BY LOCAL
IRRIGATORS AND ANTI-ESA GROUPS: Surprising no one, on 6
February, the Pacific Legal Foundation (PLF), in the wake of the NRC
report (see Sublegals 5:06/01), filed its much publicized lawsuit on
behalf of irrigators in the Klamath Basin seeking to completely delist
Klamath River coho salmon as a threatened species under the federal
Endangered Species Act (ESA), primarily as a way to avoid future water
reforms. The case is a look-alike suit to the one PLF filed in the Alsea
Valley case and which resulted in, first, the delisting of Oregon coho
salmon, then the reinstatement of that listing while an appeal taken by
PCFFA and other groups to the Ninth Circuit Court of Appeals is
pending (see Sublegals 4:28/19; 4:20/08; 4:19/05; 4:18/02; 4:11/02).=20
The lawsuit is widely perceived as a way for PLF and other radical
property rights and anti-ESA groups to capitalize on Klamath Basin
water over-allocation problems to support an anti-ESA agenda.
The basis of the PLF suit is that wild salmon no longer exist because
supposedly they are identical to hatchery fish and therefore, since any
number of hatchery fish can be artificially produced at will, no salmon
will ever be in danger of extinction and should never be ESA listed. The
case tries to take advantage of the current confusing NMFS classification
policy under which hatchery fish and wild fish can be classified by
NMFS into the same genetic conservation unit ("evolutionarily
significant unit" or "ESU") and all listed together, a classification
scheme questioned by U.S. Federal Judge Michael Hogan in the original
Alsea Valley case and the basis for his prior ruling. Fish conservation
and fishing groups (including PCFFA), however, take the position that
the ESA was intended to protect wild fish in the wild, not hatchery fish
in hatcheries, and that NMFS should not be including hatchery fish in
the same ESU as wild fish in the first place, thus making Alsea
Valley-type cases impossible (see Sublegals 4:26/08). NMFS is
proceeding slowly with its review of this policy but has not yet published
a draft revised policy or scheduled public hearings. PCFFA and other
salmon advocate groups are expected to intervene in the case soon. Only
landowner groups and NMFS were involved in the original Alsea Valley
case. For more information, the PLF lawsuit itself is posted at:
http://www.pacificlegal.org/brief/grange_complaint.htm.=20
5:06/03. NOAA PREDICTING El NINO: The National Oceanic &
Atmospheric Administration (NOAA) expects an El Ni=A4o weather
system to develop in the tropical Pacific within the next three months
(see Sublegals 5:05/15). Scientists also predict a localized warming of
sea surface temperatures off the coasts of Ecuador and Peru over the next
few weeks. "This warming represents an early stage of El Ni=A4o's onset.
If the warming persists, it will be several more months before mature El
Ni=A4o conditions develop," said NOAA Administrator Vice Admiral
Conrad Lautenbacher, Jr. Past El Ni=A4os have lead to shifts in migratory
patterns of Pacific Ocean species and decreased survival rates for Pacific
salmon. For more information visit: http://www.cpc.ncep.noaa.gov/
products/analysis_monitoring/enso_advisory/
In other climatic news, The Columbian reported 8 February about
new findings confirming ocean conditions to be an important factor
affecting salmon returns in the Columbia River basin. Presently,
biologists are predicting low numbers of salmon returning to spawn in
the next few years because of the minimal amount of water released by
federal dam managers for migrating salmon last spring and summer. =20
According to The Columbian article, federal dam managers spilled only
about 15 percent of the minimum target established by the National
Marine Fisheries Service (NMFS) in December 2000. Partly as a result,
the survival rate for fish migrating past the dams was far below historical
averages according to data compiled by the federal Fish Passage Center. =20
As many fish as possible from the lower Snake River were loaded
aboard barges in 2001 that were then unloaded below Bonneville Dam. =20
Albert Giorgi, a fish consultant, said the benefits of barging aren't clear
in terms of the proportion of smolts that return to spawn years later as
adults. Giorgi also said the further downstream one intercepts and
transports the fish, the less benefits will be realized. The hope is that
good ocean conditions may counteract the stress of low flows and
contribute to high returns. The NOAA prediction of an El Ni=A4o year,
however, does not bode well for the salmon.
=20
5:06/04. ABSTRACTS AVAILABLE FROM SALMON ECOLOGY
MEETING: Abstracts of the papers presented at the Fourth Annual
Salmon Ocean Ecology meeting, held 15-16 January in Santa Cruz,
California, are now available in PDF format. The full proceedings of the
meeting are not yet available. For more, go to:
http://www.pfeg.noaa.gov/events/SalmonMeeting/.
5:06/05. FUROR OVER BC DECISION TO LIFT SALMON FARM
MORATORIUM: The decision by the Liberal Government of British
Columbia Premier Gordon Campbell to lift the seven-year moratorium
on the issuance of new salmon aquaculture permits in provincial waters,
announced 31 January (see Sublegals, 5:05/09; 5:03/06), has created a
furor throughout BC, Alaska and the Pacific Northwest. In addition to
the resignation of four members of the Salmon Aquaculture
Implementation Advisory Committee (SAIAC) on 1 February, protesting
the government's decision and saying they were misled and ignored,
Alaska Governor Tony Knowles weighed in saying the decision could
threaten Alaska wild salmon runs due to pollution, disease and escapes
of Atlantic salmon into the wild. Knowles urged BC officials to
reconsider allowing "unchecked expansion of the farmed salmon
industry," adding that "Alaska wisely took action to ban this practice a
decade ago, along with steps to protect and grow our populations of wild
salmon for commercial, sport and subsistence uses." Dale Kelley,
Executive Director of Alaska Trollers Association (ATA) added, "My
fishermen catch Atlantic salmon. They are in our streams in Southeast
Alaska. We're very concerned about the integrity of our resource. The
effects of farmed salmon on native fish and fisheries have been well
documented." (see Sublegals 5:03/05; 5:02/11).
On Wednesday, the 6th, the Vancouver Sun, said, "There's little to
inspire confidence in the provincial government's decision last week to
lift its seven-year moratorium and allow new fish farms. Claims and
counterclaims are churning, and they leave the public spinning."
According to the 31 January press release announcing the lifting of the
moratorium, "the province has accepted all 49 recommendations of its
1997 salmon aquaculture review." However, David Lane of the T. Buck
Suzuki Foundation claims the government appears prepared to accept
only six of the 49 recommendations: "Elsewhere in the government's
release, its own claims are downgraded: 23 recommendations have been
adopted, 16 partly adopted or modified, 10 not adopted due to changing
circumstances, jurisdiction matters or conditions that can't be fulfilled...
What do we know for sure about the decision to lift the aquaculture
moratorium, which will allow the number of salmon farms to expand
hugely from the current 91? It will create new investment and jobs in
economically depressed coastal communities, and they certainly need
help. The industry claims it will invest $50 million to $60 million a year
in a west coast business that now produces salmon worth $320 million
wholesale. But there are also subsidies. The federal government is
spending $75 million over five years on science, monitoring and
regulation development. The province, too, will have expenses that won't
be covered by the annual fees -- $225 for a license and tenure payments
of $4,000 to $5,000 per farm. While industry is required to pay most of
the costs of waste monitoring and enforcement...it's clear that
government will help to underwrite the industry's growth."
=20
The decision by the Campbell government to lift the moratorium was
made in the face of advice otherwise from scientists, fishing and
environmental organizations. In early December, the inquiry headed by
retired BC Supreme Court Justice David Leggatt (see Sublegals,
4:23/02; 4:14/09) released its report on salmon aquaculture operations in
BC, "Clear Choices, Clean Waters," calling for a continued moratorium
and the removal of all salmon net pens in BC waters by 2005. The
Leggatt Report can be found at:http://www.leggattinquiry.com/
Report/InquiryReport.asp.=20
TheVancouver Sun also reported on the findings of Canada's
Auditor-General in 2000, which stated, "Reaching conclusions on the
effects of salmon farming is difficult because there have been few
scientific studies that apply directly to the B.C. situation... [I]t is=20
unclear
at this time if, and to what extent, wild salmon are affected when they
are in the vicinity of farming operations." Certainly there have been
calamities in other parts of the world - in the United Kingdom,
Scandinavia and on North America's east coast. In the late 1990s in the
Maritimes, two million Atlantic salmon were slaughtered and farmers
received more than $10 million in government
compensation after stocks were devastated by infectious salmon anemia.
In Maine, 700,000 farmed fish were recently killed because of disease,
and that state is considering its own moratorium.
Then on Thursday, the 7th, came the announcement from Heritage
Salmon, an aquaculture operation located northeast of Campbell River
on Vancouver Island, saying an outbreak of IHN (infectious
hematopoietic necrosis) would force the killing of 1.6 million diseased
juvenile Atlantic salmon at its facility. IHN can also infect native
Pacific salmon stocks found in waters nearby the netpens. A similar
outbreak occurred on the Campbell River five years ago. For a copy of
the Vancouver Sun article, go to:
http://www.canada.com/vancouver/vancouversun/archives/story.asp?id=3D
7AA8ED69-B769-4E9C-A4ED-1CED0C57DE48
5:06/06. CLEAN WATER ACT LAWSUIT FILED AGAINST
MAINE SALMON FARM: On 4 February, WorldCatch News Network
reprinted a Bangor Daily News article reporting the filing of a lawsuit in
U.S. District Court in Bangor, Maine by the Friends of Blue Hill Bay
against Trumpet Island Salmon Farm, Inc., for violation of the federal
Clean Water Act (CWA). In operation since 1994, Trumpet Island's
facility is located in waters off Hardwood Island in Blue Hill Bay and
had 14 net pens with 560,000 fish in 2001. Although it has a permit from
Maine's Department of Marine Resources (MDMR), Trumpet Island has
never applied for a NPDES (National Pollutant Discharge Elimination
System) permit required under the federal CWA. Failure to get a NPDES
permit violates the CWA prohibition against discharges of pollutants
into coastal waters. "The unauthorized discharge of fish wastes and fish
feed containing fish meal and additives such as pigments and pesticides
into the water ... adversely affects the water quality and aquatic life in
Blue Hill Bay," the lawsuit states.
=20
Plaintiffs are alleging, according to the article, "farm salmon that
escape from the net pens constitute the discharge of a pollutant under the
Clean Water Act. In addition, captive-bred salmon that escape from the
net pens threaten wild Atlantic salmon, an endangered species in the
Gulf of Maine, by disrupting spawning sites and competing with wild
salmon for food and habitat." The lawsuit also claims farm salmon
"interbreed with wild salmon and transfer disease or parasites to wild
salmon. All of these impacts tend to reduce the ability of the remaining
stocks of wild Atlantic salmon to reproduce and survive.... Other
pollutants include fish feed and salmon wastes such as scales, urine and
feces that are discharged out of the salmon farm net pens... In order to
control disease and parasites, salmon pens use a variety of antibiotics
and pesticides, all items that are discharge pollutants under the Clean
Water Act." To see the complete article, go to: www.worldcatch.com.
=20
5:06/07. CALIFORNIA BOARD OF FORESTRY UPHOLDS
DENIAL OF GUALALA RIVER THP: In a victory for the fish and the
National Marine Fisheries Service (NMFS), the California Board of
Forestry on Wednesday, 6 February, upheld the denial of a timber
harvest plan (THP) submitted by Gualala Redwood Incorporated, an
industrial timber company, to log the Gualala River watershed in
southern Mendocino County (see Sublegals, 5:04/01). The proposed
THP called for logging solely in the floodplain of this north coast river,
which led NMFS to contest the plan because it would likely result in the
"take" or killing of endangered coho salmon. =20=
=20
=20
The 6 February Board of Forestry vote was to uphold the California
Department of Forestry & Fire Protection's (CDF) denial of the Gualala
THP. Board Chairman Stan Dixon, recently appointed by Governor Gray
Davis, was in the majority. This THP denial was the first ever by CDF
in response to recommendations of other agencies to protect water
quality and wildlife. The California Legislature, led by Senate President
Pro tempore John Burton (D-San Francisco), recently blocked the
appointment of two nominees to the Board of Forestry, Paula Ross and
Norm Waters, who had consistently sided with the timber industry. The
fishery resources of the Gualala have already been significantly damaged
as a result of past logging operations in that watershed, and in addition to
the latest THP, the river is also threatened by a plan to barge its water
(along with that of the Albion River) to San Diego (see Sublegals,
5:04/06).=20
5:06/08. CONGRESSIONAL HEARING ON IFQ MORATORIUM:
On 13 February, the U.S. House of Representatives' Subcommittee on
Fisheries Conservation, Wildlife & Oceans, chaired by Representative
Wayne Gilchrest (R-MD), will hold a hearing on individual fishing
quotas (IFQs) in Washington, DC. Currently there is a moratorium in
the U.S. against the enactment of any new IFQ programs but that
moratorium expires in September. Congress, as part of the
Magnuson-Stevens Fishery Conservation & Management Act
reauthorization, is debating whether to extend the moratorium and, if
not, what standards should be imposed for IFQ systems. PCFFA has
opposed IFQs, to date, because of the problems that have been inherent
in existing IFQ systems (e.g., high cost of entry, permits being held by
fish processors and non-fishing interests). PCFFA's concerns, along
with those of some other fishing groups not invited to testify, will be
conveyed to the Subcommittee as part of the testimony being submitted
by the Marine Fish Conservation Network. For more information,
contact Damien Newton at: dnewton@conservefish.org.=20
5:06/09. "SLAPP SUIT" FILED AGAINST CALIFORNIA CRAB
ASSOCIATIONS, FISHERMEN: On Thursday, 7 February, a suit was
filed in U.S. District Court in San Francisco by John Dooley, the owner
of the F/V Caitlin Ann, a large trawler that has engaged in Dungeness
crab fishing, against three fishermen's marketing associations
representing Dungeness crab fishermen, as well as a San Francisco fish
processor and numerous "does." The suit alleges violations of the
federal Racketeer Influenced & Corrupt Organizations (RICO) Act,
including "blackballing" and cutting of buoys to the Caitlin Ann's crab
traps. In November, when crab fishermen in California's District 10
(Sonoma County to Monterey Bay) were tied up in a price dispute with
fish processors Dooley went fishing; it is estimated he landed more than
15,000 lbs of crab during the tie-up and was able to get a higher price
than even what the associations were negotiating for since his was the
only boat fishing (see Sublegals, 4:23/09; 4:22/03; 4:21/01; 4:20/03;
4:19/01). The lawsuit seeks $500,000 in damages on each of the several
counts.=20
The response from numerous crab fishermen to Dooley's action was
that it was "frivolous litigation," a "SLAPP" [strategic lawsuit against
public participation] suit aimed at breaking the associations and small
boat crab fishermen. They point out there is no evidence whatsoever of
anyone conspiring to either tamper with Dooley's traps or "blackball"
him. "When he did this [went fishing without a market order] last year
and killed 15,000 pounds of soft crab, I thought it was the act of a
desperate man," said Half Moon Bay, California crab fisherman Duncan
MacLean. "Now he wants to blame everyone else for his own
indiscretion."
5:06/10. CAMPAIGN AGAINST U.S. PURCHASE AND SALE OF
"CHILEAN SEA BASS" KICKED-OFF: On Tuesday, 5 February, the
"Give Chilean Sea Bass a Pass" campaign kicked-off as San Francisco's
Farallon Restaurant (see Sublegals, 5:05/06) hosted a press conference
announcing the start of a nation-wide effort to protect Patagonian
toothfish (dissostichus eleginoides), sold in the U.S. as "Chilean Sea
Bass." The U.S. accounts for an estimated 25 percent of toothfish
consumption and San Francisco was chosen as the location for the
campaign kick-off, because of its leading seafood restaurants, some 60
of which took a pledge to remove the fish from their menu. The San
Francisco Bay Area is also regarded as one of the top three areas in the
U.S. for fine seafood (along with New York and New Orleans). =20
The toothfish campaign is intended to bring consumer attention to the
plight of toothfish that are heavily poached and believed overfished.=20
There is also a major problem with seabird bycatch in the toothfish
fishery. For more information, go to: www.environet.org. To see the San
Francisco Examiner article, go to:
http://www.examiner.com/news/default.jsp?story=3Dn.seabass.0206w.
5:06/11. CALL FOR ABSTRACTS FOR CONFERENCE ON
HUMAN IMPACTS OF MARINE PROTECTED AREAS (MPAs):=20
The American Anthropological Association will be having a special
session at its November 2002 annual meeting in New Orleans,
Louisiana, on the human impacts of marine protected areas (MPAs). It is
calling for abstracts for proposed presentations for this invitation only
event. Abstract submissions should not exceed 250 words. MPAs are
very much discussed these days, but little thought has been put into how
the designation of 'no take areas' might impact coastal and fishing
dependent communities, how these impacts might be measured, or how
local conflicts over fishing rights are or should be addressed. A
discussion of methods employed in designing and evaluating MPAs will
also be part of the session. Abstracts are due by 25 February. Submit
abstracts either by mail, fax or email to: Kathi R. Kitner, South Atlantic
Fishery Management Council, One Southpark Circle, Suite 306,
Charleston, SC 29407; Tel:(843) 571-4366; Fax: (843) 769-4520; or
e-mail: kathi.kitner@noaa.gov.
5:06/12. "EVEN PLATOON" FINISHES ITS SAN FRANCISCO
BAY QUOTA; LARGE HERRING SPAWN IN HUMBOLDT BAY:
The California Department of Fish & Game (CDFG) reports that the
"Even" gillnet platoon in the San Francisco Bay herring roe fishery
finished fishing on 5 February with 1,342 tons of its 1,411 ton quota
being taken. The "Odd" platoon had taken its quota the week before (see
Sublegals, 5:05/08). The "DH" platoon reopened on 6 February, 19
hours after the "Even" closing, to fill out the balance of that group's
quota not taken in December. To the north in Tomales Bay, CDFG
estimates a spawning quota to date of 5,616 tons; gillnetters there are
still working on their 500-ton catch quota. The January spawning marks
the first time CDFG has found spawning around Hog Island in Tomales
Bay since the late 1980's. Further north, in Humboldt Bay, the first large
herring spawn for the season occurred in the south bay on 30 January.=20
Herring team biologists found the herring had spawned on close to three
quarters of the south bay's vast eelgrass beds. Spawn density was low
relative to Tomales and San Francisco Bays, however, because this
spawn covered over 500 acres; the preliminary spawn escapement is
estimated at close to 600 tons. To date, approximately 26 tons of
Humboldt Bay's 60-ton herring quota has been caught. In Crescent City
there have been no landings to date. For more information, call CDFG's
"Herring Hotline" at (650) 631-6758.=20
5:06/13. POET-FISHERMEN GATHER IN ASTORIA: The annual
"Fisher [sic] Poets Gathering" will once again return to Astoria, Oregon
on 22-24 February for a festival of poetry and the arts by more than 40
fishermen and women, cannery workers and others who make their
living on or from the sea. The event will feature nautically inspired
poetry readings, concerts, art exhibits and literary workshops and has
become a major cultural event in this coastal town located where the
Columbia River meets the sea. For more information call (503)
325-6311 or visit: www.clatsopcollege.com/fisherpoets.
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).=20
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HLINK SUBLEGALS 2/8/02<~~
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<BR> A WEEKLY QUOTA OF FISHERY SHORTS CA=
UGHT AND
<BR> LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES=
=20
<BR> AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S
<BR>  =
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nbsp; ASSOCIATIONS
<BR>
<BR> VOL. 05, NO. 06 &=
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sp; 8 FEBRUARY 2002
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<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=20=
new
<BR>look, we are continuing our Sublegals Fundraiser to support the Institut=
e
<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. You may also=20
<BR>go to our web site at: www.sublegals.net for archives of back issues=20
<BR>and instructions on how to donate to these efforts.
<BR>##########################################################
<BR>
<BR>"While in New York we were still attending the memorial services for
<BR>firefighters and police officers, while everywhere Americans' cheeks are
<BR>still stained with tears, while the President calls for patriotism, pray=
ers,
<BR>and piety, the predators of Washington are up to their old tricks in the
<BR>pursuit of private plunder at public expense."..............Bill Moyers=20
<BR>
<BR>##########################################################
<BR>IN THIS ISSUE.......
<BR>
<BR>NRC REPORT FINDS SCIENCE INCONCLUSIVE IN KLAMATH,
<BR>UNDERCUTS BOR'S PLAN FOR LESS LAKE WATER. 5:06/01
<BR>
<BR>FUROR OVER BC DECISION TO LIFT SALMON=20
<BR>FARM MORATORIUM. 5:06/05.
<BR>
<BR>CALIFORNIA BOARD OF FORESTRY UPHOLDS DENIAL=20
<BR>OF GUALALA RIVER THP. 5:06/07.
<BR>
<BR>"SLAPP SUIT" FILED AGAINST CALIFORNIA CRAB
<BR>ASSOCIATIONS, FISHERMEN. 5:06/09.
<BR>
<BR>POET-FISHERMEN GATHER IN ASTORIA. 5:06/13.
<BR>
<BR>AND MORE.......
<BR>##########################################################=20
<BR> 5:06/01. NRC REPORT CONFIRMS KLAMATH PROJ=
ECT
<BR>PROBLEMS BUT SAYS EVIDENCE FOR PARTICULAR LAKE
<BR>LEVELS STILL INCONCLUSIVE: On 4 February, the National
<BR>Research Council (NRC), a division of the National Academy of
<BR>Sciences (NAS), issued an "Interim Report" from its Committee on
<BR>Endangered & Threatened Fishes in the Klamath River Basin, titled
<BR>"Scientific Evaluation of Biological Opinions." The Committee was
<BR>established last year by U.S. Interior Secretary Gail Norton to examine
<BR>the underlying scientific foundations of the 2001 Biological Opinions
<BR>(BiOps) for the operation of the federal Klamath Irrigation Project (see
<BR>Sublegals 4:17/08).
<BR>
<BR> The Committee's preliminary findings were that=20=
the science linking
<BR>Upper Klamath Lake fish kills with particular lake levels is still
<BR>statistically inconclusive, partially because there was a limited range=20=
of
<BR>data from which to draw any clear correlation because rigorous records
<BR>on fish kills and lake levels were only kept from 1990 to 2000.=20
<BR>However, the Committee also said bluntly that there is no scientific
<BR>justification for the Bureau of Reclamation's (BOR) alternative proposal=
s
<BR>for lowering Upper Klamath Lake and Klamath River water levels to
<BR>historic lows. On this issue the NRC report stated (p.16): "The ab=
sence
<BR>of any presently evident empirical connection between the observed lake
<BR>levels and the welfare of the endangered suckers cannot be taken as
<BR>justification for continuous or frequent operation of the lake at the
<BR>lowest possible levels, given that the effects of operating the lake at
<BR>lower levels are undocumented. Thus, while the observational recor=
d
<BR>contradicts important underlying assumptions of the [Biological
<BR>Opinion], it does not provide an endorsement for the lake levels
<BR>proposed in the USBR biological assessment, which if implemented
<BR>could take interannual mean lake levels well below those of recent
<BR>historical observation."=20
<BR>
<BR> The report thus seriously undercuts the BOR's c=
urrent 2002 water
<BR>plan, which calls for water levels for the next ten years to be maintain=
ed
<BR>at levels in dry years even lower than the BOR proposed in 2001 during
<BR>a record drought, and far below levels deemed by the wildlife agencies
<BR>last year to be the barest minimum required for fish survival. Thi=
s plan
<BR>is now under consideration by the U.S. Fish & Wildlife Service
<BR>(USFWS) and the National Marine Fisheries Service (NMFS) as part of
<BR>their formal consultation process under Section 7 of the Endangered
<BR>Species Act (ESA). These agencies are expected to require much hig=
her
<BR>lake levels to protect ESA-listed lake fish as well as much higher
<BR>instream flows to protect downriver ESA-listed coho salmon runs (see
<BR>Sublegals 5:05/12).
<BR>
<BR> The NRC report also questioned the value of put=
ting more water
<BR>in-river to help threatened coho salmon, but only because the water
<BR>coming downstream from the Klamath Irrigation Project and through
<BR>Iron Gate Dam is so hot and so laced with agricultural chemicals that it=
s
<BR>value for salmon may be marginal. Overall, however, the NRC report
<BR>confirms serious problems in the Klamath Project area caused by
<BR>agriculture, including unscreened water diversions (estimated by the
<BR>Bureau at up to 220 unscreened diversions), elevated phosphate and
<BR>nitrate levels leading to massive algae blooms, elevated water
<BR>temperatures and widespread and serious lake eutrophication.=20
<BR>
<BR> The PCFFA comments on the current BOR Biologica=
l Assessment on
<BR>its 2002 water plan are posted at: www.pcffa.org. The NRC Interim
<BR>Report is available at: http://www.eswr.com/nrcklamathreport.pdf.=20
<BR>However, several recent key studies were not available to the NRC
<BR>Committee at the time of its preliminary findings, the final NRC report
<BR>is not due until March 2003, and the science is still developing. PCFFA
<BR>has joined other organizations in issuing a "Statement Regarding the
<BR>NAS Preliminary Report" asking the government to stay the course on
<BR>major Klamath Basin restoration programs, to take a precautionary
<BR>approach and to address those problems highlighted by the NRC report
<BR>while obtaining better data. This statement is also available on i=
ts web
<BR>site at: www.pcffa.org.
<BR>
<BR> 5:06/02. KLAMATH DELISTING LAWSUIT FILED=20=
BY LOCAL
<BR>IRRIGATORS AND ANTI-ESA GROUPS: Surprising no one, on 6
<BR>February, the Pacific Legal Foundation (PLF), in the wake of the NRC
<BR>report (see Sublegals 5:06/01), filed its much publicized lawsuit on
<BR>behalf of irrigators in the Klamath Basin seeking to completely delist
<BR>Klamath River coho salmon as a threatened species under the federal
<BR>Endangered Species Act (ESA), primarily as a way to avoid future water
<BR>reforms. The case is a look-alike suit to the one PLF filed in the=
Alsea
<BR>Valley case and which resulted in, first, the delisting of Oregon coho
<BR>salmon, then the reinstatement of that listing while an appeal taken by
<BR>PCFFA and other groups to the Ninth Circuit Court of Appeals is
<BR>pending (see Sublegals 4:28/19; 4:20/08; 4:19/05; 4:18/02; 4:11/02).=20
<BR>The lawsuit is widely perceived as a way for PLF and other radical
<BR>property rights and anti-ESA groups to capitalize on Klamath Basin
<BR>water over-allocation problems to support an anti-ESA agenda.
<BR>
<BR> The basis of the PLF suit is that wild salmon n=
o longer exist because
<BR>supposedly they are identical to hatchery fish and therefore, since any
<BR>number of hatchery fish can be artificially produced at will, no salmon
<BR>will ever be in danger of extinction and should never be ESA listed. &nb=
sp;The
<BR>case tries to take advantage of the current confusing NMFS classificatio=
n
<BR>policy under which hatchery fish and wild fish can be classified by
<BR>NMFS into the same genetic conservation unit ("evolutionarily
<BR>significant unit" or "ESU") and all listed together, a classification
<BR>scheme questioned by U.S. Federal Judge Michael Hogan in the original
<BR>Alsea Valley case and the basis for his prior ruling. Fish conserv=
ation
<BR>and fishing groups (including PCFFA), however, take the position that
<BR>the ESA was intended to protect wild fish in the wild, not hatchery fish
<BR>in hatcheries, and that NMFS should not be including hatchery fish in
<BR>the same ESU as wild fish in the first place, thus making Alsea
<BR>Valley-type cases impossible (see Sublegals 4:26/08). NMFS is
<BR>proceeding slowly with its review of this policy but has not yet publish=
ed
<BR>a draft revised policy or scheduled public hearings. PCFFA and oth=
er
<BR>salmon advocate groups are expected to intervene in the case soon.  =
;Only
<BR>landowner groups and NMFS were involved in the original Alsea Valley
<BR>case. For more information, the PLF lawsuit itself is posted at:
<BR>http://www.pacificlegal.org/brief/grange_complaint.htm.=20
<BR>
<BR> 5:06/03. NOAA PREDICTING El NINO: The National=20=
Oceanic &
<BR>Atmospheric Administration (NOAA) expects an El Ni=A4o weather
<BR>system to develop in the tropical Pacific within the next three months
<BR>(see Sublegals 5:05/15). Scientists also predict a localized warmi=
ng of
<BR>sea surface temperatures off the coasts of Ecuador and Peru over the nex=
t
<BR>few weeks. "This warming represents an early stage of El Ni=A4o's=20=
onset.
<BR>If the warming persists, it will be several more months before mature El
<BR>Ni=A4o conditions develop," said NOAA Administrator Vice Admiral
<BR>Conrad Lautenbacher, Jr. Past El Ni=A4os have lead to shifts in mi=
gratory
<BR>patterns of Pacific Ocean species and decreased survival rates for Pacif=
ic
<BR>salmon. For more information visit: http://www.cpc.ncep.noaa.gov/
<BR>products/analysis_monitoring/enso_advisory/
<BR>
<BR> In other climatic news, The Columbian reported=20=
8 February about
<BR>new findings confirming ocean conditions to be an important factor
<BR>affecting salmon returns in the Columbia River basin. Presently,
<BR>biologists are predicting low numbers of salmon returning to spawn in
<BR>the next few years because of the minimal amount of water released by
<BR>federal dam managers for migrating salmon last spring and summer.
<BR>According to The Columbian article, federal dam managers spilled only
<BR>about 15 percent of the minimum target established by the National
<BR>Marine Fisheries Service (NMFS) in December 2000. Partly as a result,
<BR>the survival rate for fish migrating past the dams was far below histori=
cal
<BR>averages according to data compiled by the federal Fish Passage Center.=20=
<BR>As many fish as possible from the lower Snake River were loaded
<BR>aboard barges in 2001 that were then unloaded below Bonneville Dam. &nbs=
p;
<BR>Albert Giorgi, a fish consultant, said the benefits of barging aren't cl=
ear
<BR>in terms of the proportion of smolts that return to spawn years later as
<BR>adults. Giorgi also said the further downstream one intercepts and
<BR>transports the fish, the less benefits will be realized. The hope=20=
is that
<BR>good ocean conditions may counteract the stress of low flows and
<BR>contribute to high returns. The NOAA prediction of an El Ni=A4o ye=
ar,
<BR>however, does not bode well for the salmon.
<BR>=20
<BR> 5:06/04. ABSTRACTS AVAILABLE FROM SALMON ECOLOG=
Y
<BR>MEETING: Abstracts of the papers presented at the Fourth Annual
<BR>Salmon Ocean Ecology meeting, held 15-16 January in Santa Cruz,
<BR>California, are now available in PDF format. The full proceedings=20=
of the
<BR>meeting are not yet available. For more, go to:
<BR>http://www.pfeg.noaa.gov/events/SalmonMeeting/.
<BR>
<BR> 5:06/05. FUROR OVER BC DECISION TO LIFT SALMON=20=
FARM
<BR>MORATORIUM: The decision by the Liberal Government of British
<BR>Columbia Premier Gordon Campbell to lift the seven-year moratorium
<BR>on the issuance of new salmon aquaculture permits in provincial waters,
<BR>announced 31 January (see Sublegals, 5:05/09; 5:03/06), has created a
<BR>furor throughout BC, Alaska and the Pacific Northwest. In addition=
to
<BR>the resignation of four members of the Salmon Aquaculture
<BR>Implementation Advisory Committee (SAIAC) on 1 February, protesting
<BR>the government's decision and saying they were misled and ignored,
<BR>Alaska Governor Tony Knowles weighed in saying the decision could
<BR>threaten Alaska wild salmon runs due to pollution, disease and escapes
<BR>of Atlantic salmon into the wild. Knowles urged BC officials to
<BR>reconsider allowing "unchecked expansion of the farmed salmon
<BR>industry," adding that "Alaska wisely took action to ban this practice a
<BR>decade ago, along with steps to protect and grow our populations of wild
<BR>salmon for commercial, sport and subsistence uses." Dale Kelley,
<BR>Executive Director of Alaska Trollers Association (ATA) added, "My
<BR>fishermen catch Atlantic salmon. They are in our streams in Southeast
<BR>Alaska. We're very concerned about the integrity of our resource. The
<BR>effects of farmed salmon on native fish and fisheries have been well
<BR>documented." (see Sublegals 5:03/05; 5:02/11).
<BR>
<BR> On Wednesday, the 6th, the Vancouver Sun, said,=
"There's little to
<BR>inspire confidence in the provincial government's decision last week to
<BR>lift its seven-year moratorium and allow new fish farms. Claims and
<BR>counterclaims are churning, and they leave the public spinning."
<BR>According to the 31 January press release announcing the lifting of the
<BR>moratorium, "the province has accepted all 49 recommendations of its
<BR>1997 salmon aquaculture review." However, David Lane of the T. Buck
<BR>Suzuki Foundation claims the government appears prepared to accept
<BR>only six of the 49 recommendations: "Elsewhere in the government's
<BR>release, its own claims are downgraded: 23 recommendations have been
<BR>adopted, 16 partly adopted or modified, 10 not adopted due to changing
<BR>circumstances, jurisdiction matters or conditions that can't be fulfille=
d...
<BR>What do we know for sure about the decision to lift the aquaculture
<BR>moratorium, which will allow the number of salmon farms to expand
<BR>hugely from the current 91? It will create new investment and jobs in
<BR>economically depressed coastal communities, and they certainly need
<BR>help. The industry claims it will invest $50 million to $60 million a ye=
ar
<BR>in a west coast business that now produces salmon worth $320 million
<BR>wholesale. But there are also subsidies. The federal government is
<BR>spending $75 million over five years on science, monitoring and
<BR>regulation development. The province, too, will have expenses that won't
<BR>be covered by the annual fees -- $225 for a license and tenure payments
<BR>of $4,000 to $5,000 per farm. While industry is required to pay most of
<BR>the costs of waste monitoring and enforcement...it's clear that
<BR>government will help to underwrite the industry's growth."
<BR>
<BR> The decision by the Campbell government to lift=
the moratorium was
<BR>made in the face of advice otherwise from scientists, fishing and
<BR>environmental organizations. In early December, the inquiry headed=
by
<BR>retired BC Supreme Court Justice David Leggatt (see Sublegals,
<BR>4:23/02; 4:14/09) released its report on salmon aquaculture operations i=
n
<BR>BC, "Clear Choices, Clean Waters," calling for a continued moratorium
<BR>and the removal of all salmon net pens in BC waters by 2005. The
<BR>Leggatt Report can be found at:http://www.leggattinquiry.com/
<BR>Report/InquiryReport.asp.=20
<BR>
<BR>TheVancouver Sun also reported on the findings of Canada's
<BR>Auditor-General in 2000, which stated, "Reaching conclusions on th=
e
<BR>effects of salmon farming is difficult because there have been few
<BR>scientific studies that apply directly to the B.C. situation... [I]t is=20=
unclear
<BR>at this time if, and to what extent, wild salmon are affected when they
<BR>are in the vicinity of farming operations." Certainly there have been
<BR>calamities in other parts of the world - in the United Kingdom,
<BR>Scandinavia and on North America's east coast. In the late 1990s in the
<BR>Maritimes, two million Atlantic salmon were slaughtered and farmers
<BR>received more than $10 million in government
<BR>compensation after stocks were devastated by infectious salmon anemia.
<BR>In Maine, 700,000 farmed fish were recently killed because of disease,
<BR>and that state is considering its own moratorium.
<BR>
<BR> Then on Thursday, the 7th, came the announcemen=
t from Heritage
<BR>Salmon, an aquaculture operation located northeast of Campbell River
<BR>on Vancouver Island, saying an outbreak of IHN (infectious
<BR>hematopoietic necrosis) would force the killing of 1.6 million diseased
<BR>juvenile Atlantic salmon at its facility. IHN can also infect nati=
ve
<BR>Pacific salmon stocks found in waters nearby the netpens. A similar
<BR>outbreak occurred on the Campbell River five years ago. For a copy=
of
<BR>the Vancouver Sun article, go to:
<BR>http://www.canada.com/vancouver/vancouversun/archives/story.asp?id=3D
<BR>7AA8ED69-B769-4E9C-A4ED-1CED0C57DE48
<BR>
<BR> 5:06/06. CLEAN WATER ACT LAWSUIT FILED AGAINST
<BR>MAINE SALMON FARM: On 4 February, WorldCatch News Network
<BR>reprinted a Bangor Daily News article reporting the filing of a lawsuit=20=
in
<BR>U.S. District Court in Bangor, Maine by the Friends of Blue Hill Bay
<BR>against Trumpet Island Salmon Farm, Inc., for violation of the federal
<BR>Clean Water Act (CWA). In operation since 1994, Trumpet Island's
<BR>facility is located in waters off Hardwood Island in Blue Hill Bay and
<BR>had 14 net pens with 560,000 fish in 2001. Although it has a permit from
<BR>Maine's Department of Marine Resources (MDMR), Trumpet Island has
<BR>never applied for a NPDES (National Pollutant Discharge Elimination
<BR>System) permit required under the federal CWA. Failure to get a NPDES
<BR>permit violates the CWA prohibition against discharges of pollutants
<BR>into coastal waters. "The unauthorized discharge of fish wastes and fish
<BR>feed containing fish meal and additives such as pigments and pesticides
<BR>into the water ... adversely affects the water quality and aquatic life=20=
in
<BR>Blue Hill Bay," the lawsuit states.
<BR>=20
<BR> Plaintiffs are alleging, according to the artic=
le, "farm salmon that
<BR>escape from the net pens constitute the discharge of a pollutant under t=
he
<BR>Clean Water Act. In addition, captive-bred salmon that escape from the
<BR>net pens threaten wild Atlantic salmon, an endangered species in the
<BR>Gulf of Maine, by disrupting spawning sites and competing with wild
<BR>salmon for food and habitat." The lawsuit also claims farm salmon
<BR>"interbreed with wild salmon and transfer disease or parasites to wild
<BR>salmon. All of these impacts tend to reduce the ability of the remaining
<BR>stocks of wild Atlantic salmon to reproduce and survive.... Other
<BR>pollutants include fish feed and salmon wastes such as scales, urine and
<BR>feces that are discharged out of the salmon farm net pens... In order to
<BR>control disease and parasites, salmon pens use a variety of antibiotics
<BR>and pesticides, all items that are discharge pollutants under the Clean
<BR>Water Act." To see the complete article, go to: www.worldcatch.com=
.
<BR>=20
<BR> 5:06/07. CALIFORNIA BOARD OF FORESTRY UPHOLDS
<BR>DENIAL OF GUALALA RIVER THP: In a victory for the fish and the
<BR>National Marine Fisheries Service (NMFS), the California Board of
<BR>Forestry on Wednesday, 6 February, upheld the denial of a timber
<BR>harvest plan (THP) submitted by Gualala Redwood Incorporated, an
<BR>industrial timber company, to log the Gualala River watershed in
<BR>southern Mendocino County (see Sublegals, 5:04/01). The proposed
<BR>THP called for logging solely in the floodplain of this north coast rive=
r,
<BR>which led NMFS to contest the plan because it would likely result in the
<BR>"take" or killing of endangered coho salmon. &nb=
sp; &=
nbsp;  =
; &nb=
sp;
<BR>
<BR> The 6 February Board of Forestry vote was to up=
hold the California
<BR>Department of Forestry & Fire Protection's (CDF) denial of the Guala=
la
<BR>THP. Board Chairman Stan Dixon, recently appointed by Governor Gray
<BR>Davis, was in the majority. This THP denial was the first ever by=20=
CDF
<BR>in response to recommendations of other agencies to protect water
<BR>quality and wildlife. The California Legislature, led by Senate Pr=
esident
<BR>Pro tempore John Burton (D-San Francisco), recently blocked the
<BR>appointment of two nominees to the Board of Forestry, Paula Ross and
<BR>Norm Waters, who had consistently sided with the timber industry. =
The
<BR>fishery resources of the Gualala have already been significantly damaged
<BR>as a result of past logging operations in that watershed, and in additio=
n to
<BR>the latest THP, the river is also threatened by a plan to barge its wate=
r
<BR>(along with that of the Albion River) to San Diego (see Sublegals,
<BR>5:04/06).=20
<BR>
<BR> 5:06/08. CONGRESSIONAL HEARING ON IFQ MORATORIU=
M:
<BR>On 13 February, the U.S. House of Representatives' Subcommittee on
<BR>Fisheries Conservation, Wildlife & Oceans, chaired by Representative
<BR>Wayne Gilchrest (R-MD), will hold a hearing on individual fishing
<BR>quotas (IFQs) in Washington, DC. Currently there is a moratorium i=
n
<BR>the U.S. against the enactment of any new IFQ programs but that
<BR>moratorium expires in September. Congress, as part of the
<BR>Magnuson-Stevens Fishery Conservation & Management Act
<BR>reauthorization, is debating whether to extend the moratorium and, if
<BR>not, what standards should be imposed for IFQ systems. PCFFA has
<BR>opposed IFQs, to date, because of the problems that have been inherent
<BR>in existing IFQ systems (e.g., high cost of entry, permits being held by
<BR>fish processors and non-fishing interests). PCFFA's concerns, alon=
g
<BR>with those of some other fishing groups not invited to testify, will be
<BR>conveyed to the Subcommittee as part of the testimony being submitted
<BR>by the Marine Fish Conservation Network. For more information,
<BR>contact Damien Newton at: dnewton@conservefish.org.=20
<BR>
<BR> 5:06/09. "SLAPP SUIT" FILED AGAINST CALIFORNIA=20=
CRAB
<BR>ASSOCIATIONS, FISHERMEN: On Thursday, 7 February, a suit was
<BR>filed in U.S. District Court in San Francisco by John Dooley, the owner
<BR>of the F/V Caitlin Ann, a large trawler that has engaged in Dungeness
<BR>crab fishing, against three fishermen's marketing associations
<BR>representing Dungeness crab fishermen, as well as a San Francisco fish
<BR>processor and numerous "does." The suit alleges violations of the
<BR>federal Racketeer Influenced & Corrupt Organizations (RICO) Act,
<BR>including "blackballing" and cutting of buoys to the Caitlin Ann's crab
<BR>traps. In November, when crab fishermen in California's District 10
<BR>(Sonoma County to Monterey Bay) were tied up in a price dispute with
<BR>fish processors Dooley went fishing; it is estimated he landed more than
<BR>15,000 lbs of crab during the tie-up and was able to get a higher price
<BR>than even what the associations were negotiating for since his was the
<BR>only boat fishing (see Sublegals, 4:23/09; 4:22/03; 4:21/01; 4:20/03;
<BR>4:19/01). The lawsuit seeks $500,000 in damages on each of the several
<BR>counts.=20
<BR>
<BR> The response from numerous crab fishermen to Do=
oley's action was
<BR>that it was "frivolous litigation," a "SLAPP" [strategic lawsuit against
<BR>public participation] suit aimed at breaking the associations and small
<BR>boat crab fishermen. They point out there is no evidence whatsoever of
<BR>anyone conspiring to either tamper with Dooley's traps or "blackball"
<BR>him. "When he did this [went fishing without a market order] last=20=
year
<BR>and killed 15,000 pounds of soft crab, I thought it was the act of a
<BR>desperate man," said Half Moon Bay, California crab fisherman Duncan
<BR>MacLean. "Now he wants to blame everyone else for his own
<BR>indiscretion."
<BR>
<BR> 5:06/10. CAMPAIGN AGAINST U.S. PURCHASE AND SAL=
E OF
<BR>"CHILEAN SEA BASS" KICKED-OFF: On Tuesday, 5 February, the
<BR>"Give Chilean Sea Bass a Pass" campaign kicked-off as San Francisco's
<BR>Farallon Restaurant (see Sublegals, 5:05/06) hosted a press conference
<BR>announcing the start of a nation-wide effort to protect Patagonian
<BR>toothfish (dissostichus eleginoides), sold in the U.S. as "Chilean Sea
<BR>Bass." The U.S. accounts for an estimated 25 percent of toothfish
<BR>consumption and San Francisco was chosen as the location for the
<BR>campaign kick-off, because of its leading seafood restaurants, some 60
<BR>of which took a pledge to remove the fish from their menu. The San
<BR>Francisco Bay Area is also regarded as one of the top three areas in the
<BR>U.S. for fine seafood (along with New York and New Orleans).  =
;
<BR>
<BR> The toothfish campaign is intended to bring consumer=20=
attention to the
<BR>plight of toothfish that are heavily poached and believed overfished.=20
<BR>There is also a major problem with seabird bycatch in the toothfish
<BR>fishery. For more information, go to: www.environet.org. To see the San
<BR>Francisco Examiner article, go to:
<BR>http://www.examiner.com/news/default.jsp?story=3Dn.seabass.0206w.
<BR>
<BR> 5:06/11. CALL FOR ABSTRACTS FOR CONFERENCE ON
<BR>HUMAN IMPACTS OF MARINE PROTECTED AREAS (MPAs):=20
<BR>The American Anthropological Association will be having a special
<BR>session at its November 2002 annual meeting in New Orleans,
<BR>Louisiana, on the human impacts of marine protected areas (MPAs). It is
<BR>calling for abstracts for proposed presentations for this invitation onl=
y
<BR>event. Abstract submissions should not exceed 250 words. MPAs are
<BR>very much discussed these days, but little thought has been put into how
<BR>the designation of 'no take areas' might impact coastal and fishing
<BR>dependent communities, how these impacts might be measured, or how
<BR>local conflicts over fishing rights are or should be addressed. A
<BR>discussion of methods employed in designing and evaluating MPAs will
<BR>also be part of the session. Abstracts are due by 25 February. Sub=
mit
<BR>abstracts either by mail, fax or email to: Kathi R. Kitner, South Atlant=
ic
<BR>Fishery Management Council, One Southpark Circle, Suite 306,
<BR>Charleston, SC 29407; Tel:(843) 571-4366; Fax: (843) 769-4520; or
<BR>e-mail: kathi.kitner@noaa.gov.
<BR>
<BR> 5:06/12. "EVEN PLATOON" FINISHES ITS SAN FRANCI=
SCO
<BR>BAY QUOTA; LARGE HERRING SPAWN IN HUMBOLDT BAY:
<BR>The California Department of Fish & Game (CDFG) reports that the
<BR>"Even" gillnet platoon in the San Francisco Bay herring roe fishery
<BR>finished fishing on 5 February with 1,342 tons of its 1,411 ton quota
<BR>being taken. The "Odd" platoon had taken its quota the week before (see
<BR>Sublegals, 5:05/08). The "DH" platoon reopened on 6 February, 19
<BR>hours after the "Even" closing, to fill out the balance of that group's
<BR>quota not taken in December. To the north in Tomales Bay, CDFG
<BR>estimates a spawning quota to date of 5,616 tons; gillnetters there are
<BR>still working on their 500-ton catch quota. The January spawning m=
arks
<BR>the first time CDFG has found spawning around Hog Island in Tomales
<BR>Bay since the late 1980's. Further north, in Humboldt Bay, the fir=
st large
<BR>herring spawn for the season occurred in the south bay on 30 January.=20
<BR>Herring team biologists found the herring had spawned on close to three
<BR>quarters of the south bay's vast eelgrass beds. Spawn density was=20=
low
<BR>relative to Tomales and San Francisco Bays, however, because this
<BR>spawn covered over 500 acres; the preliminary spawn escapement is
<BR>estimated at close to 600 tons. To date, approximately 26 tons of
<BR>Humboldt Bay's 60-ton herring quota has been caught. In Crescent C=
ity
<BR>there have been no landings to date. For more information, call CD=
FG's
<BR>"Herring Hotline" at (650) 631-6758.=20
<BR>
<BR> 5:06/13. POET-FISHERMEN GATHER IN ASTORIA=
: The annual
<BR>"Fisher [sic] Poets Gathering" will once again return to Astoria, Oregon
<BR>on 22-24 February for a festival of poetry and the arts by more than 40
<BR>fishermen and women, cannery workers and others who make their
<BR>living on or from the sea. The event will feature nautically inspi=
red
<BR>poetry readings, concerts, art exhibits and literary workshops and has
<BR>become a major cultural event in this coastal town located where the
<BR>Columbia River meets the sea. For more information call (503)
<BR>325-6311 or visit: www.clatsopcollege.com/fisherpoets.
<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).=20
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<BR>This publication, however, may be freely reproduced and circulated
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ir
<BR>fax number to: (415) 561-5464. Thanks!=20
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