[Fishlink] ~~>FISHLINK SUBLEGALS 2/22/02<~~

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PLEASE HELP SUPPORT THE SUBLEGALS NEWSLETTER. 
Go to www.sublegals.net to give your donations. Sublegals is
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                     ~~>FISHLINK SUBLEGALS 2/22/02<~~
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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. 05, NO. 08                                        22 FEBRUARY 2002
##########################################################

"Questions about Enron's links to the White House and Dick Cheney's
Energy Task Force are reassuring. They mean that the nation, after the
September 11 attacks, is now confident enough to focus on some of the
more traditional threats to our democracy, like the corporate takeover of
our political system."...................David Helvarg

##########################################################
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 who 
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. Go to 
www.sublegals.net to donate to this effort. Thank you for your support 
of community fisheries education. 
##########################################################

IN THIS ISSUE.......

ATTEMPT TO USE FOOD & AGRICULTURE ORGANIZATION TO
WEAKEN SEAFOOD ECO-LABELING STANDARDS? 5:08/01

STEVENS SEAFOOD LABELING LANGUAGE INCORPORATED
IN SENATE VERSION OF FARM BILL. 5:08/03

FEDERAL FISHERIES BUDGET TRIMMED; SALMON
PROGRAMS SURVIVE. 5:08/04.

REPORT ON SEABIRD BYCATCH AVAILABLE; FISH 
FARMERS ATTACK PLANS TO PROTECT BIRDS. 5:08/13.

SAN FRANCISCO MAYOR SEEKS TO CIRCUMVENT 
VOTE AND ALLOW MORE BAY FILL. 5:08/15.

AND MORE......
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     5:08/01.  IMPORTERS, PROCESSORS LOOKING TO USE FAO
TO UNDERCUT SEAFOOD LABELING?: WorldCatch News Network
reported on 20 February that during a meeting last week in Bremen,
Germany, the United Nations' Food & Agriculture Organization (FAO)
Subcommittee on Fish Trade voted to recommend to the full FAO
Fisheries Committee the development of "guidelines, standards and
objectives of a global eco-labeling plan."  The vote came following
intensive lobbying by the International Coalition of Fisheries
Associations (ICFA), led by the United States' National Fisheries
Institute (NFI). NFI, along with the ICFA, represent primarily fish
importers and exporters, distributors, processors and others in the
shoreside sector of the fishing industry (although a few fishermen's
groups do belong and participate). Their positions are often contrary to
those of fishermen's organizations and, in particular, those fishermen's
organizations promoting sustainable fisheries and the protection of
traditional fishing communities.  The NFI/ICFA effort is viewed as an
attack on the Marine Stewardship Council (MSC), which has initiated a
program for certifying fisheries as sustainable, and an attempt to "put an
eco-friendly label on just about anything pulled out of the water."  To see
the WorldCatch article, go to: www.worldcatch.com. 

      "NFI's real agenda is simply to weaken the MSC's existing standards,
which they regard as too high.  Having attempted and failed to set up an
industry-based certification scheme (the 'Responsible Fisheries Society
of the United States'), they're turning again to the FAO for help," said
one veteran of the labeling wars quoted in the article. In 1997, he said,
the first effort to get the FAO to weigh in on the eco-labeling issue was
defeated.  "At that time, the U.S. joined a number of other countries in
arguing that governments should not be involved in certification of
fisheries or ecolabeling of seafood.  The rationale for that hasn't
changed, but NFI sees the FAO as an ally in their efforts to defeat
certification and labeling.  Many governments are nervous about
non-governmental organizations passing judgment on their management
regimes.  NFI is simply fanning those fears and cloaking their real
agenda in the argument that global standards are necessary."

     PCFFA itself has been working for two decades simply to establish
mandatory requirements for the full and complete labeling of seafood.
Most fish sold today is incompletely labeled or mislabeled, never mind
bearing a label to state whether it was harvested in a sustainable fishery.  

   PCFFA Executive Director Zeke Grader, who has argued for uniform
and objective standards for seafood labeling, seafood guides and
eco-lableing (MSC has established objective standards on which to base
its certifications), was more blunt in his assessment of the NFI/ICFA
lobbying.  "It's hard to believe that these folks, who have fought labeling
and eco-labels for so long, have now had an epiphany and 'come to
Jesus,'" said Grader.  "Their real agenda, I am certain, is simply to make
eco-labels meaningless, and to continue a program of obfuscation and
consumer confusion.  Hell, I doubt there is not one farmed salmon or
farmed shrimp, or one overfished stock of shark, or any transgenic fish
that they would not gladly slap an eco-friendly label on if they could get
away with it."  For more on the labeling issue, see Sublegals, 5:07/06;
5:05/05; 4:24/01; 4:17/01, or go to www.ifrfish.org. 

     5:08/02: MSC SEEKS STAKEHOLDER INPUT ON PROPOSED
CERTIFICATION OF ALASKAN POLLOCK FISHERY: The Marine
Stewardship Council (MSC) has announced it is seeking "stakeholder
input" to its Independent Evaluation Team that is determining whether
the Bering Sea/Aleutian Islands and Gulf of Alaska Pollock fisheries
should be certified as sustainable. The certification has been sought by
the At-Sea Processors Association (APA), which represents factory trawl
vessels engaged in the take of Pollock off Alaska and in the Bering Sea. 
To view the Stakeholder Announcement, go to the MSC website at:
http://www.msc.org/.

   5:08/03: STEVENS AMENDMENT IN SENATE FARM BILL
WOULD REQUIRE LABELING OF SEAFOOD SOLD IN THE U.S.: 
Following on the decision by the European Union (EU) last October (see
Sublegals 4:17/01) mandating the proper labeling of seafood products
sold among its member states, the U.S. Senate has adopted language in
its Farm Bill (see Sublegals, 5:07/05), S.1731, to require labeling stating
whether the fish is wild or farm-raised and its country of origin (see
Sublegals, 4:24/01).  The amendment was offered by Senator Ted
Stevens (R-AK); it expands on language inserted by Senator Paul
Wellstone (D-MN), requiring the labeling of food products by
country-of-origin (see Sublegals, 5:07/06).   The House version of the
Farm Bill contains no similar language for the labeling of seafood.  The
House-Senate bills will go to conference where the differences between
the two will be hammered out.  The National Fisheries Institute (NFI) is
on record opposing the seafood labeling language in the Senate bill. 
Two extensive articles on this issue have been written by Dan McGovern
for WorldCatch News Network, the most recent on 21 February.  They
can be viewed by going to: www.worldcatch.com .     

     5:08/04.  FEDERAL FISHERIES BUDGET TRIMMED, SALMON
RECOVERY FUNDS MIXED:  In an attempt to make the best of what
are actually substantial budget reductions, the Bush Administration's
National Oceanic & Atmospheric Administration (NOAA) is touting its
proposed FY 2003 Budget as more streamlined and less duplicative. 
However, the President's proposed budget actually contains $45.5
million in cuts compared to the current FY 2002 budget, though it does
provide more money for certain key projects: marine fisheries stock
assessments ($9.9 million increase); regional fisheries management
councils ($1.9 million more); modernizing enforcement, particularly to
expand satellite surveillance programs ($5.4 million increase); high
resolution satellite imaging to monitor coastal ocean areas for harmful
algae blooms, pollution and coral reef deterioration ($6 million increase)
and; local and regional coastal habitat restoration partnerships ($2
million more).  

     A great deal more NOAA money is also proposed for global climate
research, including $18 million to establish the U.S. Climate Change
Research Initiative (CCRI) to address areas of scientific uncertainty and
look at mitigation measures.  Additionally, programs for improving
extreme weather warnings and weather forecasts also received
substantial funding increases in the proposed budget.  

     Proposed salmon recovery budgets are equal to or increased
compared to last year.  The National Marine Fisheries Service (NMFS)
Columbia River salmon recovery efforts were budgeted a $12 million
increase, bringing NMFS $36.6 million to help implement the Columbia
River Biological Opinions that are the basis for all current Columbia
River salmon recovery efforts.

     All federal funds combined for the Columbia River salmon recovery
amount to only $506 million, however, with the largest portion ($286.7
million) to be paid by the Bonneville Power Administration (BPA)
ratepayers.  This $506 million total is an increase of $68 million over FY
2002's actual appropriations.  However, fully funding the
Administration's current "aggressive non-breach option" (see Sublegals
5:08/05 below) would actually take $918 for the upcoming year, and
$5.2 billion over the next six years. By comparison, salmon advocates
estimate the total cost of breaching the lower four Snake River dams,
including mitigation measures to replace potentially lost jobs, at only
about $1 billion.

     The Administration's budget also provides only $90 million, the same
as last year, for the Pacific Coastal Salmon Recovery Fund, which helps
underwrite state salmon restoration projects in Alaska, California,
Oregon and Washington. Congressional bills by U.S. Representative
Mike Thompson (D-CA), H.R. 1157, already passed by the House of
Representatives, and a similar bill by U.S. Senator Barbara Boxer
(D-CA), S. 1825, to authorize $200 million/year for this fund, have both
stalled in the Senate.   One other bright spot in the President's salmon
spending proposals is an additional $21.7 million to complete studies
necessary to move towards the removal of two decrepit and fish killing
dams on the Elwha River, located within Washington's Olympic
National Park.  Congress has already long since authorized their
removal, but funding was blocked for years by former U.S. Senator
Slade Gorton (R-WA) as political leverage to block breaching of the four
Lower Snake River dams.  Actual removal of the two Elwha dams is
now scheduled to begin in less than three years.  

     For more information on the details of the proposed FY 2003 NOAA
Budget see: http://www.noaanews.noaa.gov/stories/s859.htm.

     5:08/05.  SNAKE RIVER DAM FINAL EIS ISSUED ARMY
CORPS, NO SURPRISES:  On 20 February, the U.S. Army Corps of
Engineers (COE) released its Final Environmental Impact Statement
(FEIS) from its "Lower Snake River Salmon Juvenile Migration Study"
concerning the impact on salmon of the lower four Snake River dams.
Although scientists strongly support breaching these four dams as the
best way to recover Endangered Species Act (ESA) -listed fish in that
river reach, it is no surprise that the COE instead adopted what it calls
the "aggressive non-breach" strategy as an alternative to breaching the
lower four Snake River dams. These dams block salmon and steelhead
migrations almost entirely in the Columbia River's largest tributary.  The
option chosen would keep the four Snake dams intact but spend years
modifying the rest of the federal hydropower system through screens,
more barging and various techo-fixes which COE hopes will
cumulatively amount to the same level of stock recovery as breaching
alone.  The public now has 45 days to comment before a final "Record of
Decision" is issued.  For more see:
http://www.nww.usace.army.mil/lsr/final_fseis/study_kit/studypage.htm.

     5:08/06. SALMONID RESTORATION FEDERATION
CONFERENCE: The annual conference of the Salmonid Restoration
Federation will be held 28 February - 2 March at the Ukiah Valley
Conference Center in Ukiah, California.  Featured sessions include: The
Role of Oceans & Estuaries in the Salmonid Life Cycle, Gravel Mining
in California's Rivers, Hatchery Management Practices, Fish and
Vineyards: a focus on cooperative restoration, and a keynote address by
Jim Lichatowich, author of Salmon Without Rivers.  On-site registration
is available. For more information contact Harry Vaughn at
hvaughn@northcoast.com

     5:08/07.  WASHINGTON STATE HATCHERY REVIEW
HIGHLIGHTS NEED FOR REFORM:  On 19 February, the
Congressionally-chartered "Hatchery Scientific Review Group" issued
its final report on the State of Washington's massive hatchery program,
the largest in the world, recommending 218 changes and the closure of at
least one hatchery (in the Puget Sound) as a way to minimize adverse
impacts of hatchery programs on wild salmonids in Washington State.
Key members of Washington's Congressional delegation immediately
endorsed the scientists' recommendations.  The McAllister Creek
Hatchery near Olympia was recommended for closure, but was already
slated for closure for lack of funding and problems with parasites and
poor design. 

     Washington State has built more than 100 salmon hatcheries, but the
report cited considerable evidence that hatchery-bred fish have damaged
wild salmon runs due to competition for limited food, genetic dilution
and spread of diseases.  The scientists recommended focusing on how
many adults return, rather than on how many juveniles are released, as a
criteria for hatchery success, and eliminating genetic dilution problems
by using only eggs from local wild strains, reforms that many fishermen
as well as fish managers have advocated.  For the full story see the 20
February Seattle Post-Intelligencer at:
http://seattlepi.nwsource.com/local/59008_hatch20.shtml.  Information
on the State of Washington's Hatchery Reform Project and the Hatchery
Scientific Review Groups' report can be found at:
http://www.lltk.org/hatcheryreform.html.

     5:08/08. PROP 40 COULD PROVIDE MONEY FOR WATER
QUALITY AND RESTORATION PROJECTS: Proposition 40, the
California Clean Water, Clean Air, Coastal Protection & Safe
Neighborhood Parks Bond Act of 2002, will be up for voter approval on
the 5 March ballot.  If passed, over $2.6 billion in funds will be directed
towards environmental protection. State Parks, regional air and water
agencies, and watershed restoration projects will receive the bulk of the
money.  If the measure does not pass, it could be a tough year; state
environmental programs in the Governor's budget already include
monies anticipated in Prop 40. For more information on the measure see:
www.voteyeson40.org.

      5:08/09.  MAINE SALMON FARMS VIOLATED CLEAN
WATER ACT, SAYS JUDGE:  Three Maine salmon farms have been
found to be violating the federal Clean Water Act by discharging fish
feed, wastes, medications and non-native salmon into coastal waters,
according to the 21 February issue of the Bangor Daily News.  U.S.
Magistrate Margaret Kravchuk ruled that the companies were violating
the federal law because they have not obtained pollution discharge
permits from the U.S. Environmental Protection Agency (EPA).  For
years the salmon farming industry claimed the Clean Water Act's
pollution prevention provisions did not apply to it, and though the EPA
has delegated Clean Water Act permitting responsibilities to the State of
Maine, the Maine Department of Environmental Protection has yet to
develop standards for such pollution permits.  While the Magistrate's
preliminary ruling must still be confirmed by the sitting judge, approval
is considered likely. The salmon farming industry in Maine is already
reeling from major disease and widespread escapes from net pens, both
considered 'pollutants' under the ruling (see Sublegals 5:02/10).  For the
full story see: http://www.bangornews.com.

      5:08/10. ENVIRONMENTAL LAW CONFERENCE: The 20th
annual Public Interest Environmental Law Conference 2002 will be held
at the University of Oregon School of Law in Eugene, Oregon on 7-10
March.  This year's theme is Global CPR - Conservation, Preservation &
Restoration.  Fisheries related topics to be covered include Alsea Valley
Alliance v. Evans; overfishing; dams in national parks; impacts of
mining on salmon; endangered species; national ocean policy; "Critical
habitat" under the Endangered Species Act (ESA); the Clean Water Act;
the ESA and the Klamath crisis; marine protected areas (MPAs); water
marketing; and the Coastal Zone Management Act (CZMA).  For more
information visit: http://www.pielc.uoregon.edu/.

      5:08/11. IDAHO LEGISLATURE CONSIDERING RADICAL
'TAKINGS' CONSTITUTIONAL AMENDMENT:  At the request of the
Idaho Water Users Associations and the Idaho Cattle Association, the
Idaho Legislature is considering a Constitutional amendment that would
make nearly every state zoning, anti-pollution, anti-sprawl, or water use
restriction law for fish and wildlife in Idaho too expensive to enforce. 
By redefining nearly every land use restriction as a 'taking' of 'private
property' the State of Idaho would have to pay landowners compensation
for virtually every effort to protect public values or public property. 
"Forgoing all zoning restrictions would be the only way local
governments could shield themselves from takings claims," Brian P.
Kane, Deputy Idaho Attorney General, wrote in an opinion to the
Legislature.  "The state would no longer regulate timber practices on
private land because requiring road construction, harvesting, or
reforestation in a manner that protects water quality and fish habitat
would be a restriction on a landowner and thus constitute a taking for
which compensation would have to be paid." 

     The measure, House Joint Resolution No. 3, has already passed a key
committee by 16 to 3, but as a Constitutional amendment would have to
be approved by two-thirds vote of both chambers and then a majority
vote of the electorate.  However, landowner rights groups and
anti-environmental groups are lobbying heavily for its passage. For the
full story see the 20 February Idaho Statesman available at:
http://www.idahostatesman.com/news/leg2002/20020220/227751.shtml.

         5:08/12. SHARK FINNING RULES PUBLISHED: The 11
February edition of the Federal Register (Vol 67, No. 28) reported that
the National Marine Fisheries Service (NMFS) has published the final
rule to implement the provisions of the Shark Finning Prohibition Act.
The rule prohibits any shark fins without their corresponding shark
carcasses from being harvested or possessed by a U.S fishing vessel.  For
more information contact: Svein Fougner, Assistant Regional
Administrator for Sustainable Fisheries, Southwest Region, NMFS, at
562-980-4040.

    5:08/13.  REPORT ON SEABIRD BYCATCH AVAILABLE: The
American Bird Conservatory (ABC) has released a new report
documenting the seabird bycatch associated with longline fishing hooks.
The report, entitled "Sudden Death on the High Seas - Longline Fishing:
A Global Catastrophe for Seabirds," states that 16 of the world's 21
Albatross species populations are threatened and links this decline to
longline fishing mortality.  ABC recommends that the U.S. implement
inexpensive measures that can virtually eliminate seabird death without
affecting fishing success, such as special bird scaring lines that have
been given to Alaskan longliners under a U.S. Fish & Wildlife Service
(USFWS) Program. The report is available online at
www.abcbirds.org/policy/seabirdreport.pdf.
 
     Thorn Smith, Executive Director and Counsel for the North Pacific
Longline Association in Seattle, has led the successful effort to improve
the seabird regulations placed on commercial fishermen in Alaska. This
past December, the North Pacific Fishery Management Council adopted
revised regulations requiring larger vessels in the hook-and-line
groundfish fishery to fly brightly colored streamers to create a bird-free
corridor where baited hooks can be set.  Smith said, "We recognize the
goal is to reduce seabird bycatch and that the issue is so critical that we
must be prepared to assume certain burdens to do so."

     While longliners and other fishermen in Alaska and along the Pacific
Coast are making great strides to protect against the bycatch of seabirds
in their fishing operations, fish farmers are attacking the U.S. Fish &
Wildlife Service (USFWS) over plans for the protection of the
double-crested cormorant, the Arkansas Democrat-Gazette reported on
10 February.  "Double-crested cormorants almost disappeared from
North America from the 1940s through the early 1970s, primarily
because of pollution. Restrictions on pesticide use and the bird's addition
to the Migratory Bird Treaty Act are credited with the rebound to an
estimated 2 million birds," said the Democrat-Gazette article. Copies of
the plan for the protection of the cormorant are available from: Chief,
Division of Migratory Bird Management, USFWS, 4401 N. Fairfax
Drive, Room 634, Arlington, Va., 22203. Comments on the plan are due
by 28 February. There is no website nor e-mail address to contact for
more information because the U.S. Department of Interior is off the
Internet.

     5:08/14.  MPAS AND THE ROLE OF ANTHROPOLOGY- A
CALL FOR PAPERS: Marine Protected Areas and the role of
Anthropology will be the topic of the American Anthropological
Association's 101st meeting.  The November 2002 meeting will be in
New Orleans, Louisiana.  Abstract submissions should not exceed 250
words and are due 25 February.  Potential topics include addressing
history of MPAs, how social and natural scientists can work together to
form MPAs, goals of MPAs, politics of MPAs, etc.  For more
information visit http://www.safmc.net or email kathi.kitner@noaa.gov.

     5:08/15.  ATTEMPT TO CIRCUMVENT VOTE ON SAN
FRANCISCO BAY FILL; AIRPORT CITED FOR CYANIDE
POLLUTION:  San Francisco Weekly in a 6 February articled outlined
what it says is San Francisco Mayor Willie Brown's plan to avoid
Proposition D, a ballot measure passed last year that would allow
citizens to vote on large bay-fill projects, such as the proposed San
Francisco International Airport (SFO) expansion (see Sublegals,
4:10/13).  SFO officials are seeking to fill up to 1400 square acres in the
Bay to build additional runways.                                              
                   

     Such a project would endanger fish populations, such as Pacific
salmon, herring, oysters and Dungeness crabs, and other ocean life that
use the area as nursery or spawning habitat (see Sublegals, 4:26/01). 
Brown's plan includes passing a state law that would put the expansion
to a Bay Area-wide vote rather than the citywide vote called for in
Proposition D (which passed by a 3:1 ratio).  Brown says all other
options have been considered, but some say a high-speed train
connecting the Bay Area with Los Angeles and Sacramento would
alleviate about 10 percent of air traffic. For more information visit:
http://www.sfweekly.com/issues/2002-02-06/smith.html/1/index.html.

     Following on the San Francisco Weekly article, David Lewis,
Executive Director of Save the Bay, wrote a detailed letter that appeared
in the 19 February San Francisco Chronicle chiding SFO officials for
"defying logic, pollution laws, a mountain of debt and public opinion" as
they push for paving the bay as part of the proposed SFO runway
extension.  Lewis points out that though they claim to lack funding to
upgrade their wastewater treatment plant or curb the input of toxins like
cyanide into the Bay, SFO just budgeted $9 million to their speculative
runway expansion plan.  This is in addition to the $64 million they've
already spent on lobbyists, consultants and public relations firms to push
for expansion.  According to the Air Transport Association, the project,
which would cover 1,000 acres of the bay, could cost $10 billion -- a lot
of money for an entity currently $4.1 billion in debt.  Many say the noise,
water and air pollution, increased traffic, impacts to wildlife and
recreation, and loss of open space are not acceptable when other
alternatives, such as reshaping flight demand, may be more effective. 
San Francisco voters appear to agree with Lewis as evidenced by
overwhelming support for Proposition D. To read David Lewis's letter to
the editor, go to:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2002/02/19/ED156337.
DTL 

     5:08/16. ONLINE PACIFIC COMMERCIAL FISHERIES
MANAGEMENT MANUAL: The Secretariat of the Pacific Community
(SPC) has announced that a new manual for the co-management of
commercial fisheries in the Pacific is now available on the web.  The
manual is based mostly on the information gained from the
co-management system that Samoa established for its offshore fisheries,
in particular the tuna longline fishery.  It is intended to facilitate
fishermen involvement in similar co-management in the Pacific region. 
To view the full manual and other related training materials go to:
http://www.spc.int/coastfish/Sections/training/Training%20material/Trai
ning_material.htm. Another related manual also available on the web is
"Fisheries Management by Communities", available at:
http://www.spc.int/coastfish/Sections/Community/manuals.html.  To
visit SPC's website, go to: http://www.spc.int/.

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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##########################################################
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 who 
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. Go to 
www.sublegals.net to donate to this effort. Thank you for your support 
of community fisheries education. 
############################################################

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<HTML><FONT FACE=arial,helvetica><FONT  SIZE=2>PLEASE HELP SUPPORT THE SUBLEGALS NEWSLETTER. 
<BR>Go to www.sublegals.net to give your donations. Sublegals is
<BR>published free of charge and is dependent on your contributions.
<BR>##########################################################
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;~~&gt;FISHLINK SUBLEGALS 2/22/02&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;VOL. 05, NO. 08 &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;22 FEBRUARY 2002
<BR>##########################################################
<BR>
<BR>"Questions about Enron's links to the White House and Dick Cheney's
<BR>Energy Task Force are reassuring. They mean that the nation, after the
<BR>September 11 attacks, is now confident enough to focus on some of the
<BR>more traditional threats to our democracy, like the corporate takeover of
<BR>our political system."...................David Helvarg
<BR>
<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 who 
<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. Go to 
<BR>www.sublegals.net to donate to this effort. Thank you for your support 
<BR>of community fisheries education. 
<BR>##########################################################
<BR>
<BR>IN THIS ISSUE.......
<BR>
<BR>ATTEMPT TO USE FOOD &amp; AGRICULTURE ORGANIZATION TO
<BR>WEAKEN SEAFOOD ECO-LABELING STANDARDS? 5:08/01
<BR>
<BR>STEVENS SEAFOOD LABELING LANGUAGE INCORPORATED
<BR>IN SENATE VERSION OF FARM BILL. 5:08/03
<BR>
<BR>FEDERAL FISHERIES BUDGET TRIMMED; SALMON
<BR>PROGRAMS SURVIVE. 5:08/04.
<BR>
<BR>REPORT ON SEABIRD BYCATCH AVAILABLE; FISH 
<BR>FARMERS ATTACK PLANS TO PROTECT BIRDS. 5:08/13.
<BR>
<BR>SAN FRANCISCO MAYOR SEEKS TO CIRCUMVENT 
<BR>VOTE AND ALLOW MORE BAY FILL. 5:08/15.
<BR>
<BR>AND MORE......
<BR>########################################################## 
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:08/01. &nbsp;IMPORTERS, PROCESSORS LOOKING TO USE FAO
<BR>TO UNDERCUT SEAFOOD LABELING?: WorldCatch News Network
<BR>reported on 20 February that during a meeting last week in Bremen,
<BR>Germany, the United Nations' Food &amp; Agriculture Organization (FAO)
<BR>Subcommittee on Fish Trade voted to recommend to the full FAO
<BR>Fisheries Committee the development of "guidelines, standards and
<BR>objectives of a global eco-labeling plan." &nbsp;The vote came following
<BR>intensive lobbying by the International Coalition of Fisheries
<BR>Associations (ICFA), led by the United States' National Fisheries
<BR>Institute (NFI). NFI, along with the ICFA, represent primarily fish
<BR>importers and exporters, distributors, processors and others in the
<BR>shoreside sector of the fishing industry (although a few fishermen's
<BR>groups do belong and participate). Their positions are often contrary to
<BR>those of fishermen's organizations and, in particular, those fishermen's
<BR>organizations promoting sustainable fisheries and the protection of
<BR>traditional fishing communities. &nbsp;The NFI/ICFA effort is viewed as an
<BR>attack on the Marine Stewardship Council (MSC), which has initiated a
<BR>program for certifying fisheries as sustainable, and an attempt to "put an
<BR>eco-friendly label on just about anything pulled out of the water." &nbsp;To see
<BR>the WorldCatch article, go to: www.worldcatch.com. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;"NFI's real agenda is simply to weaken the MSC's existing standards,
<BR>which they regard as too high. &nbsp;Having attempted and failed to set up an
<BR>industry-based certification scheme (the 'Responsible Fisheries Society
<BR>of the United States'), they're turning again to the FAO for help," said
<BR>one veteran of the labeling wars quoted in the article. In 1997, he said,
<BR>the first effort to get the FAO to weigh in on the eco-labeling issue was
<BR>defeated. &nbsp;"At that time, the U.S. joined a number of other countries in
<BR>arguing that governments should not be involved in certification of
<BR>fisheries or ecolabeling of seafood. &nbsp;The rationale for that hasn't
<BR>changed, but NFI sees the FAO as an ally in their efforts to defeat
<BR>certification and labeling. &nbsp;Many governments are nervous about
<BR>non-governmental organizations passing judgment on their management
<BR>regimes. &nbsp;NFI is simply fanning those fears and cloaking their real
<BR>agenda in the argument that global standards are necessary."
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;PCFFA itself has been working for two decades simply to establish
<BR>mandatory requirements for the full and complete labeling of seafood.
<BR>Most fish sold today is incompletely labeled or mislabeled, never mind
<BR>bearing a label to state whether it was harvested in a sustainable fishery. &nbsp;
<BR>
<BR> &nbsp;&nbsp;PCFFA Executive Director Zeke Grader, who has argued for uniform
<BR>and objective standards for seafood labeling, seafood guides and
<BR>eco-lableing (MSC has established objective standards on which to base
<BR>its certifications), was more blunt in his assessment of the NFI/ICFA
<BR>lobbying. &nbsp;"It's hard to believe that these folks, who have fought labeling
<BR>and eco-labels for so long, have now had an epiphany and 'come to
<BR>Jesus,'" said Grader. &nbsp;"Their real agenda, I am certain, is simply to make
<BR>eco-labels meaningless, and to continue a program of obfuscation and
<BR>consumer confusion. &nbsp;Hell, I doubt there is not one farmed salmon or
<BR>farmed shrimp, or one overfished stock of shark, or any transgenic fish
<BR>that they would not gladly slap an eco-friendly label on if they could get
<BR>away with it." &nbsp;For more on the labeling issue, see Sublegals, 5:07/06;
<BR>5:05/05; 4:24/01; 4:17/01, or go to www.ifrfish.org. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:08/02: MSC SEEKS STAKEHOLDER INPUT ON PROPOSED
<BR>CERTIFICATION OF ALASKAN POLLOCK FISHERY: The Marine
<BR>Stewardship Council (MSC) has announced it is seeking "stakeholder
<BR>input" to its Independent Evaluation Team that is determining whether
<BR>the Bering Sea/Aleutian Islands and Gulf of Alaska Pollock fisheries
<BR>should be certified as sustainable. The certification has been sought by
<BR>the At-Sea Processors Association (APA), which represents factory trawl
<BR>vessels engaged in the take of Pollock off Alaska and in the Bering Sea. 
<BR>To view the Stakeholder Announcement, go to the MSC website at:
<BR>http://www.msc.org/.
<BR>
<BR> &nbsp;&nbsp;5:08/03: STEVENS AMENDMENT IN SENATE FARM BILL
<BR>WOULD REQUIRE LABELING OF SEAFOOD SOLD IN THE U.S.: 
<BR>Following on the decision by the European Union (EU) last October (see
<BR>Sublegals 4:17/01) mandating the proper labeling of seafood products
<BR>sold among its member states, the U.S. Senate has adopted language in
<BR>its Farm Bill (see Sublegals, 5:07/05), S.1731, to require labeling stating
<BR>whether the fish is wild or farm-raised and its country of origin (see
<BR>Sublegals, 4:24/01). &nbsp;The amendment was offered by Senator Ted
<BR>Stevens (R-AK); it expands on language inserted by Senator Paul
<BR>Wellstone (D-MN), requiring the labeling of food products by
<BR>country-of-origin (see Sublegals, 5:07/06). &nbsp;&nbsp;The House version of the
<BR>Farm Bill contains no similar language for the labeling of seafood. &nbsp;The
<BR>House-Senate bills will go to conference where the differences between
<BR>the two will be hammered out. &nbsp;The National Fisheries Institute (NFI) is
<BR>on record opposing the seafood labeling language in the Senate bill. 
<BR>Two extensive articles on this issue have been written by Dan McGovern
<BR>for WorldCatch News Network, the most recent on 21 February. &nbsp;They
<BR>can be viewed by going to: www.worldcatch.com . &nbsp;&nbsp;&nbsp;&nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:08/04. &nbsp;FEDERAL FISHERIES BUDGET TRIMMED, SALMON
<BR>RECOVERY FUNDS MIXED: &nbsp;In an attempt to make the best of what
<BR>are actually substantial budget reductions, the Bush Administration's
<BR>National Oceanic &amp; Atmospheric Administration (NOAA) is touting its
<BR>proposed FY 2003 Budget as more streamlined and less duplicative. 
<BR>However, the President's proposed budget actually contains $45.5
<BR>million in cuts compared to the current FY 2002 budget, though it does
<BR>provide more money for certain key projects: marine fisheries stock
<BR>assessments ($9.9 million increase); regional fisheries management
<BR>councils ($1.9 million more); modernizing enforcement, particularly to
<BR>expand satellite surveillance programs ($5.4 million increase); high
<BR>resolution satellite imaging to monitor coastal ocean areas for harmful
<BR>algae blooms, pollution and coral reef deterioration ($6 million increase)
<BR>and; local and regional coastal habitat restoration partnerships ($2
<BR>million more). &nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;A great deal more NOAA money is also proposed for global climate
<BR>research, including $18 million to establish the U.S. Climate Change
<BR>Research Initiative (CCRI) to address areas of scientific uncertainty and
<BR>look at mitigation measures. &nbsp;Additionally, programs for improving
<BR>extreme weather warnings and weather forecasts also received
<BR>substantial funding increases in the proposed budget. &nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;Proposed salmon recovery budgets are equal to or increased
<BR>compared to last year. &nbsp;The National Marine Fisheries Service (NMFS)
<BR>Columbia River salmon recovery efforts were budgeted a $12 million
<BR>increase, bringing NMFS $36.6 million to help implement the Columbia
<BR>River Biological Opinions that are the basis for all current Columbia
<BR>River salmon recovery efforts.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;All federal funds combined for the Columbia River salmon recovery
<BR>amount to only $506 million, however, with the largest portion ($286.7
<BR>million) to be paid by the Bonneville Power Administration (BPA)
<BR>ratepayers. &nbsp;This $506 million total is an increase of $68 million over FY
<BR>2002's actual appropriations. &nbsp;However, fully funding the
<BR>Administration's current "aggressive non-breach option" (see Sublegals
<BR>5:08/05 below) would actually take $918 for the upcoming year, and
<BR>$5.2 billion over the next six years. By comparison, salmon advocates
<BR>estimate the total cost of breaching the lower four Snake River dams,
<BR>including mitigation measures to replace potentially lost jobs, at only
<BR>about $1 billion.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;The Administration's budget also provides only $90 million, the same
<BR>as last year, for the Pacific Coastal Salmon Recovery Fund, which helps
<BR>underwrite state salmon restoration projects in Alaska, California,
<BR>Oregon and Washington. Congressional bills by U.S. Representative
<BR>Mike Thompson (D-CA), H.R. 1157, already passed by the House of
<BR>Representatives, and a similar bill by U.S. Senator Barbara Boxer
<BR>(D-CA), S. 1825, to authorize $200 million/year for this fund, have both
<BR>stalled in the Senate. &nbsp;&nbsp;One other bright spot in the President's salmon
<BR>spending proposals is an additional $21.7 million to complete studies
<BR>necessary to move towards the removal of two decrepit and fish killing
<BR>dams on the Elwha River, located within Washington's Olympic
<BR>National Park. &nbsp;Congress has already long since authorized their
<BR>removal, but funding was blocked for years by former U.S. Senator
<BR>Slade Gorton (R-WA) as political leverage to block breaching of the four
<BR>Lower Snake River dams. &nbsp;Actual removal of the two Elwha dams is
<BR>now scheduled to begin in less than three years. &nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;For more information on the details of the proposed FY 2003 NOAA
<BR>Budget see: http://www.noaanews.noaa.gov/stories/s859.htm.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:08/05. &nbsp;SNAKE RIVER DAM FINAL EIS ISSUED ARMY
<BR>CORPS, NO SURPRISES: &nbsp;On 20 February, the U.S. Army Corps of
<BR>Engineers (COE) released its Final Environmental Impact Statement
<BR>(FEIS) from its "Lower Snake River Salmon Juvenile Migration Study"
<BR>concerning the impact on salmon of the lower four Snake River dams.
<BR>Although scientists strongly support breaching these four dams as the
<BR>best way to recover Endangered Species Act (ESA) -listed fish in that
<BR>river reach, it is no surprise that the COE instead adopted what it calls
<BR>the "aggressive non-breach" strategy as an alternative to breaching the
<BR>lower four Snake River dams. These dams block salmon and steelhead
<BR>migrations almost entirely in the Columbia River's largest tributary. &nbsp;The
<BR>option chosen would keep the four Snake dams intact but spend years
<BR>modifying the rest of the federal hydropower system through screens,
<BR>more barging and various techo-fixes which COE hopes will
<BR>cumulatively amount to the same level of stock recovery as breaching
<BR>alone. &nbsp;The public now has 45 days to comment before a final "Record of
<BR>Decision" is issued. &nbsp;For more see:
<BR>http://www.nww.usace.army.mil/lsr/final_fseis/study_kit/studypage.htm.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:08/06. SALMONID RESTORATION FEDERATION
<BR>CONFERENCE: The annual conference of the Salmonid Restoration
<BR>Federation will be held 28 February - 2 March at the Ukiah Valley
<BR>Conference Center in Ukiah, California. &nbsp;Featured sessions include: The
<BR>Role of Oceans &amp; Estuaries in the Salmonid Life Cycle, Gravel Mining
<BR>in California's Rivers, Hatchery Management Practices, Fish and
<BR>Vineyards: a focus on cooperative restoration, and a keynote address by
<BR>Jim Lichatowich, author of Salmon Without Rivers. &nbsp;On-site registration
<BR>is available. For more information contact Harry Vaughn at
<BR>hvaughn@northcoast.com
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:08/07. &nbsp;WASHINGTON STATE HATCHERY REVIEW
<BR>HIGHLIGHTS NEED FOR REFORM: &nbsp;On 19 February, the
<BR>Congressionally-chartered "Hatchery Scientific Review Group" issued
<BR>its final report on the State of Washington's massive hatchery program,
<BR>the largest in the world, recommending 218 changes and the closure of at
<BR>least one hatchery (in the Puget Sound) as a way to minimize adverse
<BR>impacts of hatchery programs on wild salmonids in Washington State.
<BR>Key members of Washington's Congressional delegation immediately
<BR>endorsed the scientists' recommendations. &nbsp;The McAllister Creek
<BR>Hatchery near Olympia was recommended for closure, but was already
<BR>slated for closure for lack of funding and problems with parasites and
<BR>poor design. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;Washington State has built more than 100 salmon hatcheries, but the
<BR>report cited considerable evidence that hatchery-bred fish have damaged
<BR>wild salmon runs due to competition for limited food, genetic dilution
<BR>and spread of diseases. &nbsp;The scientists recommended focusing on how
<BR>many adults return, rather than on how many juveniles are released, as a
<BR>criteria for hatchery success, and eliminating genetic dilution problems
<BR>by using only eggs from local wild strains, reforms that many fishermen
<BR>as well as fish managers have advocated. &nbsp;For the full story see the 20
<BR>February Seattle Post-Intelligencer at:
<BR>http://seattlepi.nwsource.com/local/59008_hatch20.shtml. &nbsp;Information
<BR>on the State of Washington's Hatchery Reform Project and the Hatchery
<BR>Scientific Review Groups' report can be found at:
<BR>http://www.lltk.org/hatcheryreform.html.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:08/08. PROP 40 COULD PROVIDE MONEY FOR WATER
<BR>QUALITY AND RESTORATION PROJECTS: Proposition 40, the
<BR>California Clean Water, Clean Air, Coastal Protection &amp; Safe
<BR>Neighborhood Parks Bond Act of 2002, will be up for voter approval on
<BR>the 5 March ballot. &nbsp;If passed, over $2.6 billion in funds will be directed
<BR>towards environmental protection. State Parks, regional air and water
<BR>agencies, and watershed restoration projects will receive the bulk of the
<BR>money. &nbsp;If the measure does not pass, it could be a tough year; state
<BR>environmental programs in the Governor's budget already include
<BR>monies anticipated in Prop 40. For more information on the measure see:
<BR>www.voteyeson40.org.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;5:08/09. &nbsp;MAINE SALMON FARMS VIOLATED CLEAN
<BR>WATER ACT, SAYS JUDGE: &nbsp;Three Maine salmon farms have been
<BR>found to be violating the federal Clean Water Act by discharging fish
<BR>feed, wastes, medications and non-native salmon into coastal waters,
<BR>according to the 21 February issue of the Bangor Daily News. &nbsp;U.S.
<BR>Magistrate Margaret Kravchuk ruled that the companies were violating
<BR>the federal law because they have not obtained pollution discharge
<BR>permits from the U.S. Environmental Protection Agency (EPA). &nbsp;For
<BR>years the salmon farming industry claimed the Clean Water Act's
<BR>pollution prevention provisions did not apply to it, and though the EPA
<BR>has delegated Clean Water Act permitting responsibilities to the State of
<BR>Maine, the Maine Department of Environmental Protection has yet to
<BR>develop standards for such pollution permits. &nbsp;While the Magistrate's
<BR>preliminary ruling must still be confirmed by the sitting judge, approval
<BR>is considered likely. The salmon farming industry in Maine is already
<BR>reeling from major disease and widespread escapes from net pens, both
<BR>considered 'pollutants' under the ruling (see Sublegals 5:02/10). &nbsp;For the
<BR>full story see: http://www.bangornews.com.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;5:08/10. ENVIRONMENTAL LAW CONFERENCE: The 20th
<BR>annual Public Interest Environmental Law Conference 2002 will be held
<BR>at the University of Oregon School of Law in Eugene, Oregon on 7-10
<BR>March. &nbsp;This year's theme is Global CPR - Conservation, Preservation &amp;
<BR>Restoration. &nbsp;Fisheries related topics to be covered include Alsea Valley
<BR>Alliance v. Evans; overfishing; dams in national parks; impacts of
<BR>mining on salmon; endangered species; national ocean policy; "Critical
<BR>habitat" under the Endangered Species Act (ESA); the Clean Water Act;
<BR>the ESA and the Klamath crisis; marine protected areas (MPAs); water
<BR>marketing; and the Coastal Zone Management Act (CZMA). &nbsp;For more
<BR>information visit: http://www.pielc.uoregon.edu/.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;5:08/11. IDAHO LEGISLATURE CONSIDERING RADICAL
<BR>'TAKINGS' CONSTITUTIONAL AMENDMENT: &nbsp;At the request of the
<BR>Idaho Water Users Associations and the Idaho Cattle Association, the
<BR>Idaho Legislature is considering a Constitutional amendment that would
<BR>make nearly every state zoning, anti-pollution, anti-sprawl, or water use
<BR>restriction law for fish and wildlife in Idaho too expensive to enforce. 
<BR>By redefining nearly every land use restriction as a 'taking' of 'private
<BR>property' the State of Idaho would have to pay landowners compensation
<BR>for virtually every effort to protect public values or public property. 
<BR>"Forgoing all zoning restrictions would be the only way local
<BR>governments could shield themselves from takings claims," Brian P.
<BR>Kane, Deputy Idaho Attorney General, wrote in an opinion to the
<BR>Legislature. &nbsp;"The state would no longer regulate timber practices on
<BR>private land because requiring road construction, harvesting, or
<BR>reforestation in a manner that protects water quality and fish habitat
<BR>would be a restriction on a landowner and thus constitute a taking for
<BR>which compensation would have to be paid." 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;The measure, House Joint Resolution No. 3, has already passed a key
<BR>committee by 16 to 3, but as a Constitutional amendment would have to
<BR>be approved by two-thirds vote of both chambers and then a majority
<BR>vote of the electorate. &nbsp;However, landowner rights groups and
<BR>anti-environmental groups are lobbying heavily for its passage. For the
<BR>full story see the 20 February Idaho Statesman available at:
<BR>http://www.idahostatesman.com/news/leg2002/20020220/227751.shtml.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;5:08/12. SHARK FINNING RULES PUBLISHED: The 11
<BR>February edition of the Federal Register (Vol 67, No. 28) reported that
<BR>the National Marine Fisheries Service (NMFS) has published the final
<BR>rule to implement the provisions of the Shark Finning Prohibition Act.
<BR>The rule prohibits any shark fins without their corresponding shark
<BR>carcasses from being harvested or possessed by a U.S fishing vessel. &nbsp;For
<BR>more information contact: Svein Fougner, Assistant Regional
<BR>Administrator for Sustainable Fisheries, Southwest Region, NMFS, at
<BR>562-980-4040.
<BR>
<BR> &nbsp;&nbsp;&nbsp;5:08/13. &nbsp;REPORT ON SEABIRD BYCATCH AVAILABLE: The
<BR>American Bird Conservatory (ABC) has released a new report
<BR>documenting the seabird bycatch associated with longline fishing hooks.
<BR>The report, entitled "Sudden Death on the High Seas - Longline Fishing:
<BR>A Global Catastrophe for Seabirds," states that 16 of the world's 21
<BR>Albatross species populations are threatened and links this decline to
<BR>longline fishing mortality. &nbsp;ABC recommends that the U.S. implement
<BR>inexpensive measures that can virtually eliminate seabird death without
<BR>affecting fishing success, such as special bird scaring lines that have
<BR>been given to Alaskan longliners under a U.S. Fish &amp; Wildlife Service
<BR>(USFWS) Program. The report is available online at
<BR>www.abcbirds.org/policy/seabirdreport.pdf.
<BR> 
<BR> &nbsp;&nbsp;&nbsp;&nbsp;Thorn Smith, Executive Director and Counsel for the North Pacific
<BR>Longline Association in Seattle, has led the successful effort to improve
<BR>the seabird regulations placed on commercial fishermen in Alaska. This
<BR>past December, the North Pacific Fishery Management Council adopted
<BR>revised regulations requiring larger vessels in the hook-and-line
<BR>groundfish fishery to fly brightly colored streamers to create a bird-free
<BR>corridor where baited hooks can be set. &nbsp;Smith said, "We recognize the
<BR>goal is to reduce seabird bycatch and that the issue is so critical that we
<BR>must be prepared to assume certain burdens to do so."
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;While longliners and other fishermen in Alaska and along the Pacific
<BR>Coast are making great strides to protect against the bycatch of seabirds
<BR>in their fishing operations, fish farmers are attacking the U.S. Fish &amp;
<BR>Wildlife Service (USFWS) over plans for the protection of the
<BR>double-crested cormorant, the Arkansas Democrat-Gazette reported on
<BR>10 February. &nbsp;"Double-crested cormorants almost disappeared from
<BR>North America from the 1940s through the early 1970s, primarily
<BR>because of pollution. Restrictions on pesticide use and the bird's addition
<BR>to the Migratory Bird Treaty Act are credited with the rebound to an
<BR>estimated 2 million birds," said the Democrat-Gazette article. Copies of
<BR>the plan for the protection of the cormorant are available from: Chief,
<BR>Division of Migratory Bird Management, USFWS, 4401 N. Fairfax
<BR>Drive, Room 634, Arlington, Va., 22203. Comments on the plan are due
<BR>by 28 February. There is no website nor e-mail address to contact for
<BR>more information because the U.S. Department of Interior is off the
<BR>Internet.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:08/14. &nbsp;MPAS AND THE ROLE OF ANTHROPOLOGY- A
<BR>CALL FOR PAPERS: Marine Protected Areas and the role of
<BR>Anthropology will be the topic of the American Anthropological
<BR>Association's 101st meeting. &nbsp;The November 2002 meeting will be in
<BR>New Orleans, Louisiana. &nbsp;Abstract submissions should not exceed 250
<BR>words and are due 25 February. &nbsp;Potential topics include addressing
<BR>history of MPAs, how social and natural scientists can work together to
<BR>form MPAs, goals of MPAs, politics of MPAs, etc. &nbsp;For more
<BR>information visit http://www.safmc.net or email kathi.kitner@noaa.gov.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:08/15. &nbsp;ATTEMPT TO CIRCUMVENT VOTE ON SAN
<BR>FRANCISCO BAY FILL; AIRPORT CITED FOR CYANIDE
<BR>POLLUTION: &nbsp;San Francisco Weekly in a 6 February articled outlined
<BR>what it says is San Francisco Mayor Willie Brown's plan to avoid
<BR>Proposition D, a ballot measure passed last year that would allow
<BR>citizens to vote on large bay-fill projects, such as the proposed San
<BR>Francisco International Airport (SFO) expansion (see Sublegals,
<BR>4:10/13). &nbsp;SFO officials are seeking to fill up to 1400 square acres in the
<BR>Bay to build additional runways. &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;&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;Such a project would endanger fish populations, such as Pacific
<BR>salmon, herring, oysters and Dungeness crabs, and other ocean life that
<BR>use the area as nursery or spawning habitat (see Sublegals, 4:26/01). 
<BR>Brown's plan includes passing a state law that would put the expansion
<BR>to a Bay Area-wide vote rather than the citywide vote called for in
<BR>Proposition D (which passed by a 3:1 ratio). &nbsp;Brown says all other
<BR>options have been considered, but some say a high-speed train
<BR>connecting the Bay Area with Los Angeles and Sacramento would
<BR>alleviate about 10 percent of air traffic. For more information visit:
<BR>http://www.sfweekly.com/issues/2002-02-06/smith.html/1/index.html.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;Following on the San Francisco Weekly article, David Lewis,
<BR>Executive Director of Save the Bay, wrote a detailed letter that appeared
<BR>in the 19 February San Francisco Chronicle chiding SFO officials for
<BR>"defying logic, pollution laws, a mountain of debt and public opinion" as
<BR>they push for paving the bay as part of the proposed SFO runway
<BR>extension. &nbsp;Lewis points out that though they claim to lack funding to
<BR>upgrade their wastewater treatment plant or curb the input of toxins like
<BR>cyanide into the Bay, SFO just budgeted $9 million to their speculative
<BR>runway expansion plan. &nbsp;This is in addition to the $64 million they've
<BR>already spent on lobbyists, consultants and public relations firms to push
<BR>for expansion. &nbsp;According to the Air Transport Association, the project,
<BR>which would cover 1,000 acres of the bay, could cost $10 billion -- a lot
<BR>of money for an entity currently $4.1 billion in debt. &nbsp;Many say the noise,
<BR>water and air pollution, increased traffic, impacts to wildlife and
<BR>recreation, and loss of open space are not acceptable when other
<BR>alternatives, such as reshaping flight demand, may be more effective. 
<BR>San Francisco voters appear to agree with Lewis as evidenced by
<BR>overwhelming support for Proposition D. To read David Lewis's letter to
<BR>the editor, go to:
<BR>http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2002/02/19/ED156337.
<BR>DTL 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:08/16. ONLINE PACIFIC COMMERCIAL FISHERIES
<BR>MANAGEMENT MANUAL: The Secretariat of the Pacific Community
<BR>(SPC) has announced that a new manual for the co-management of
<BR>commercial fisheries in the Pacific is now available on the web. &nbsp;The
<BR>manual is based mostly on the information gained from the
<BR>co-management system that Samoa established for its offshore fisheries,
<BR>in particular the tuna longline fishery. &nbsp;It is intended to facilitate
<BR>fishermen involvement in similar co-management in the Pacific region. 
<BR>To view the full manual and other related training materials go to:
<BR>http://www.spc.int/coastfish/Sections/training/Training%20material/Trai
<BR>ning_material.htm. Another related manual also available on the web is
<BR>"Fisheries Management by Communities", available at:
<BR>http://www.spc.int/coastfish/Sections/Community/manuals.html. &nbsp;To
<BR>visit SPC's website, go to: http://www.spc.int/.
<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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<BR>www.sublegals.net. We have also pasted the text below for those who 
<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 
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