[Fishlink] ~~>FISHLINK SUBLEGALS 3/1/02<~~
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~~>FISHLINK SUBLEGALS 3/1/02<~~
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A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND
LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES
AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S
ASSOCIATIONS
VOL. 05, NO. 09 1 MARCH 2002
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"Every government is run by liars and nothing they say should
be believed.".............I.F Stone
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IN THIS ISSUE.......
Legislation Introduced To Prohibit Transgenic Fish In California
Waters, Label In Markets. 5:09/01
PCFFA, Fishing And Conservation Groups Intervene In
Klamath Delisting And "Taking" Suits. 5:09/07
West Coast's Largest Commercial Fishing Gear Swap Meet
Set For Saturday, 9 March. 5:09/10.
California's Annual Fisheries Legislative Forum Scheduled
For 13 March In Sacramento. 5:09/14
Defense Fund Established For Associations And Crabbers
Named In SLAPP Suit. 5:09/17.
AND MORE......
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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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5:09/01. MEASURES INTRODUCED IN CALIFORNIA
LEGISLATURE TO PROHIBIT INTRO-DUCTION OF
TRANSGENIC FISH IN STATE WATERS, REQUIRE LABELING IN
MARKETPLACE: On 28 February a coalition of fishing, conservation
and food safety groups announced the introduction of two bills and one
resolution in the California Legislature to: prohibit the release or
cultivation of genetically engineered (GE) fish, especially salmon;
provide consumers with the right to know whether the fish they purchase
in supermarkets has been genetically engineered; and urge the U.S. Food
& Drug Administration (FDA) to disapprove a pending petition
permitting the marketing of genetically engineered salmon for human
consumption. "Transgenic salmon pose a tremendous threat to
fishermen, consumers, and the environment," said PCFFA Executive
Director Zeke Grader. "This legislative package will prevent the growth
of genetically altered fish until the true environmental and health risks
are understood." Sponsors include, in addition to PCFFA, the Natural
Resources Defense Council, the California Public Interest Research
Group (CalPIRG), the Ocean Conservancy and IFR.
Transgenic fish are fish that have been altered by introducing genes
from a different species. The FDA is currently reviewing a petition by
Aqua Bounty Farms to sell genetically engineered fish to fish farms
where they would be raised and sold at restaurants and stores (see
Sublegals, 5:04/11; 5:02/12; 5:01/05; 4:16/13; 4:02/06; 3:19/03;
3:15/19; 3:12/09; 3:07/15; 3:05/15; 2:16/11). Currently, the U.S.
Government has almost no restrictions governing the release of
genetically engineered fish. Where federal agencies have attempted to
control genetically engineered organisms, they have overlooked the
potential damage to the environment, according to a recent National
Academy of Sciences (NAS) study on GE crops (see Sublegals,
5:09/02). As thousands of farmed fish already escape into the wild each
year, the release of genetically engineered fish into the state's waters
would further imperil wild fish populations and disrupt endangered
species and ecosystems.
State Senator Byron Sher (D-Menlo Park) introduced SB 1525, under
which genetically engineered salmon and other fish would be classified
as an aquatic nuisance species. In the other house, Assembly-woman
Virginia Strom-Martin (D-Duncan Mills), chair of the Legislature's Joint
Committee on Fisheries & Aquaculture, has introduced AB 2962 that
would require labeling of all transgenic fish in supermarkets.
Assemblyman Joe Nation (D-Greenbrae), meanwhile, is scheduled to
introduce a resolution calling on the FDA to not approve the Aqua
Bounty request to allow transgenic salmon in farmed fish operations.
Last year, Maryland adopted a law that bans transgenic fish in the state's
network of waterways but allows them in separated ponds and lakes.
For more information see: www.ifrfish.org.
In addition to environmental concerns, the sponsors raised serious
public health issues. Transgenic fish are also untested for human health
impacts, thus the effects of consuming them are unknown. "If approved,
these fish would be the first genetically engineered animals to land on
consumer's dinner plates," said Julie Miles, CalPIRG's Safe Foods
Campaign Director. "Similar to other genetically engineered foods,
genetically engineered fish pose unique food safety concerns including
potential allergic reactions and increased toxicity to humans."
Consumers in California have repeatedly shown they are in support of
informational labeling on foods so they can make informed decisions.
The Los Angeles Times article on the bills is at:
http://www.latimes.com/la-000015089feb28.story.
5:09/02. NAS WARNING ON TRANSGENIC CROPS: The
National Academy of Sciences (NAS), in a report released last week,
said genetically modified crops should be subject to stricter and more
public review before being approved for use. The NAS panel said also
that greater monitoring was needed of transgenic plants (particularly of
those producing their own pesticides) already approved for crop use. To
read the National Academy of Sciences report on genetically engineered
crops, visit:
http://www4.nationalacademies.org/news.nsf/isbn/0309082633?OpenDo
cument. The New York Times article is at:
http://www.nytimes.com/2002/02/22/science/22CROP.html. The Wall
Street Journal article is at:
http://online.wsj.com/article/0,4286,SB1014258907686755440,00.html?
mod=home_whats_news_us.
5:09/03. A NON-TRANSGENIC "FRANKENFISH": The
Associated Press reported 28 February of the existence of a one-month
old two-headed salmon smolt named Sam and Ella. The fish makes its
home in its own tank in Terry Donison's science class at Ridgetop Junior
High School in Silverdale, Washington. The fish has not been
genetically modified nor, as far as is known, come from anyhere near the
Hanford Reach of the Columbia River where its parents might have been
exposed to high levels of radiation. State officials say two-headed
salmon occasionally occur in nature but most die soon after leaving their
egg sacs. Sam and Ella is (are) unusual in that it (they) have lived so
long.
5:09/04. COLUMBIA SALMON PLAN RECEIVES FAILING
MARKS: On 27 February, salmon advocates working in the Columbia
River gave the federal government five "F"s and a "D" grade on the
implementation of its own salmon recovery plan in the Columbia,
adopted in December 2000. The "Salmon Plan Report Card" scored the
Administration based on standards and timelines contained within the
Salmon Plan itself. Of 199 measures required in the plan, 129 required
action in 2001, but only a fraction of those actions have yet been taken.
"The federal government failed to implement more than 75 percent of
the measures in their own plan during this first year, and lawmakers have
thus far failed to secure funding," noted Nicole Cordan of the Save Our
Wild Salmon Coalition. "At this rate, we'll reach the first official
check-in point in 2003 without having seen the federal government even
try to implement its own plan." Among the measures needed are
adequate water and flow levels. The failure to provide these resulted in
the lowest in-river out-migration survival rates in 2001 since the fish
were listed under the federal Endangered Species Act (ESA), with
migration survival rates 20 percent lower than in 2000.
The plan was adopted during the last part of the Clinton
Administration but endorsed by the Bush Administration as a way to
avoid decommissioning the four lower Snake River dams, a measure
which most scientists consider as more effective, less speculative and far
cheaper than the alternative measures in the Administration's plan. If the
Administration's current plan fails the agencies will be required to
reconsider dam decommissioning. President Bush, however, has
opposed decommissioning yet his Administration has yet to implement
the alternative, creating a potential future legal crisis. For more see:
http://www.wildsalmon.org/info/sosreportcard_pr.htm.
5:09/05. NEW STUDY SAYS WORLD'S FRESH WATER
THREATENED: A report by the Pacific Institute highlights worldwide
threats to the Earth's limited fresh water supplies, including destruction
of fresh water habitat and wetlands, dewatering of river systems for
agriculture, increasing pollution and global climate change. The report
concludes that despite the pressing nature of these threats, water
institutions and policymakers have been largely unable or unwilling to
address these problems. For the full report see:
www.pacinst.org/reports/freshwater_threats.htm.
5:09/06. KLAMATH PROJECT PROPOSED WATER PLAN
PROVIDES LITTLE FOR SALMON: The "Final Biological
Assessment" (Final BA) and proposed 2002 water plan for the federal
Klamath Irrigation Project, released by the Bureau of Reclamation
(BOR) on 27 February, retreats from even the low flow numbers of the
earlier draft and would leave only a fraction of the water necessary to
prevent extinction of coho salmon in the Klamath River. During
irrigation seasons in drier years, the Final BA sets downriver flow targets
of less than one-third the minimum amounts necessary to prevent coho
extinction that were required during the 2001 drought. Under the BOR's
proposed plan, even in an above average future water year, coho salmon
would still receive less than one-half the amounts a recent
comprehensive flow study commissioned by the Bureau (the "Hardy
Phase II Flow Study") recommends as necessary for any actual salmon
recovery. Furthermore, BOR's water plan is intended to last for ten
years, not the one year term of all prior Klamath Project water plans.
Lower river fishing interests are angry over BOR's plan, calling it
"supervised salmon extinction." The Final BA itself is available at:
http://www.doi.gov. Lower river flow levels proposed are on page 72.
The BOR is also still taking the position, in the Final BA, that it has
no legal obligation or power to provide water specifically for ESA-listed
fish and wildlife. This position has been repudiated by every court that
has ever decided a water allocation dispute in the Klamath Basin. Some
Administration officials are apparently urging this legal theory to try to
overturn current case law, or to shift the blame for any future water
cutbacks to the fish and wildlife agencies and/or non-governmental
groups that may have to sue them to force them to comply with the law.
Last year PCFFA did sue, on behalf of downriver commercial fishermen,
because the BOR failed to meet its legal duty to consult under the ESA
on the impacts of the Project on coho salmon. Given the gross
inadequacies of the current BOR water plan for salmon, PCFFA has
filed another 60-Day Notice to Sue, available on its web site at:
www.pcffa.org. For more information on the importance of the Klamath
Basin to downriver fisheries, see: www.pcffa.org/klamath.htm.
The BOR used the recent Interim National Academy of Sciences
(NAS) report, which raised concerns about poor water quality affecting
downriver fish (see Sublegals, 5:06/01), to justify even further downriver
flow cutbacks than it proposed in its draft. However, the NAS report
also blasted the BOR's 2001 proposed water plan as too risky and
lacking scientific basis, a plan that was very similar to or better than the
proposed 2002 plan at least for salmon. The NAS Committee has been
criticized by Klamath and Yurok Tribal scientists for its simplistic and
cursory analysis of a highly complex ecosystem, as well as for having
made fundamental errors, rendering the report's conclusions suspect.
The Final BA now goes to the U.S. Fish & Wildlife Service
(USFWS) and the National Marine Fisheries Service (NMFS) for a
formal determination as to whether or not it would cause "jeopardy" (i.e.,
increase the likelihood of extinction) under the ESA. Last year both
fishery agencies, in light of a record breaking drought, required
considerably more water to be left both in the river for coho, and in
Upper Klamath Lake for two species of lake fish, than what BOR had
originally offered. For more of the story see the 27 February Los
Angeles Times at:
http://www.latimes.com/news/nationworld/nation/wire/sns-ap-klamath-
water0228feb27.story, and also see a Los Angeles Times follow-up story
28 February at:
http://www.latimes.com/news/local/la-000015229feb28.story.
5:09/07. SALMON CONSERVATION GROUPS INTERVENE IN
KLAMATH DELISTING AND 'TAKINGS' SUITS: As Klamath water
battles return to the courts, on 26 February a number of fishing and
conservation groups involved in salmon restoration, including PCFFA
and IFR, formally petitioned the U.S. District Court in Oregon for
permission to intervene in a recent lawsuit (see Sublegals, 5:06/02)
intended to strip coho salmon in the Klamath Basin of protections under
the federal Endangered Species Act (ESA). The original suit, brought by
radical "wise-use" advocates on behalf of various Grange organizations,
the Alsea Valley Alliance and individual Klamath Basin farmers, is the
first of many Alsea Valley Alliance-type look-alike cases that
landowners and industrial watershed users are expected to bring to try to
overturn existing ESA protections for salmon and steelhead coastwide,
aiming to avoid ESA obligations to help clean up damaged watersheds
(see Sublegals 4:26/08). The original Alsea Valley Alliance case ruling
has been stayed on appeal to the U.S. Ninth Circuit Court of Appeals.
Also on 26 February, many of the same groups, again including
PCFFA and IFR, asked to intervene as parties of interest in the massive
billion dollar 'takings' claim, brought by Klamath Project water users that
lost water during last year's near record drought, which is filed in the
U.S. Court of Claims in Washington, DC. The irrigators are pressing a
legal theory they have long held, that literally all the water in the Upper
Klamath Basin belongs to them by contract with the U.S. Bureau of
Reclamation (BOR), and that any water they are required to leave in the
river for ESA-listed fish and wildlife thus has to be purchased and paid
for. The U.S. Department of Justice is defending the case on behalf of
the BOR, but it is troubling that this same legal theory now has appeared
in the Bureau's own proposed 2002 Klamath Project water plan (see
Sublegals, 5:09/06 above), leading to concerns that the Bush
Administration will not aggressively defend the case. The implications
of this case for the whole of western water law, and the possibility that
an adverse ruling would set a major negative precedent for fish
protections, prompted the intervention. Both intervention petitions are
being handled by Earthjustice Legal Defense in Seattle, Washington.
For more information contact them at: (206) 343-7340.
5:09/08. LOWER COLUMBIA RIVER DISSOLVED GAS TMDL
UNDER CONSTRUCTION: The states of Oregon and Washington are
in the process of developing joint TMDL ("total maximum daily load")
pollutant standards for dissolved gases in the Lower Columbia River in
order to comply with the Clean Water Act, including dissolved nitrogen
produced by Columbia dam spillways. The "Lower Columbia River
Total Dissolved Gas TMDL and Implementation Plan" would then be
submitted to the U.S. Environmental Protection Agency (EPA) for
approval. Dissolved gases are critical factors in salmon protection
measures and overall water quality, and the Lower Columbia has been
listed under the Clean Water Act 303(d) list as 'water quality limited' for
these factors for many years. Once approved, the TMDL will set
enforceable maximum standards for these pollutants, and shield against
liability under the Clean Water Act. Documents can be found at:
http://www.deq.state.or.us/wq/TMDLs/TMDLs.htm. Documents are also
available at: www.epa.gov/r10earth/columbiamainstemtmdl.htm. A
number of public hearings are planned, beginning 18 March, and the
deadline for comments is 1700 HRS on 5 April.
5:09/09. LAWSUIT FILED BY TIMBER INDUSTRY, HOME
BUILDERS, RURAL LAND GROUPS AGAINST NMFS' FINAL EFH
RULE: On 19 February, the Washington DC law firm of Perkins Coie
filed suit in U.S. District Court in Idaho challenging the National Marine
Fisheries Service's (NMFS) final rule for essential fish habitat (EFH)
pursuant to the Magnuson-Stevens Fishery Conservation & Management
Act ("Magnuson-Stevens"). NMFS had adopted the final rule for EFH,
required under provisions of the Sustainable Fisheries Act of 1996,
amending Magnuson-Stevens, on 17 January (see Sublegals, 5:03/03).
The suit, Idaho County et al. v. Evans et al. (CIV 02-0080-C-EH), seeks
to declare the EFH rule in violation of Magnuson-Stevens, the
Regulatory Flexibility Act (RFA), the National Environmental Policy
Act (NEPA) and the Administrative Procedures Act (APA) and enjoin
enforcement of the EFH rule. Plaintiffs, including Idaho County (ID),
Valley County (ID), Okanogan County (WA), Alaska Forest
Association, Intermountain Forest Association and the National
Association of Home Builders, claim the use of their property will be
impaired by the EFH rule. Salmon fishermen, other fishery advocates
and scientists have stated the EFH rule is critical to the protection and
restoration of many fish species that are affected by human-caused
factors (e.g., logging, agricultural practices, development impairing
watersheds and coastal waterways) other than fishing. For more
information, contact Robert A. Maynard at Perkins Coie's Boise, Idaho
branch office at (208) 343-3434.
5:09/10. REMINDER - WEST COAST'S LARGEST FISHING
GEAR SWAP MEET: The annual west coast's largest commercial
fishing gear swap meet will be held this year on Saturday, 9 March, at
the Teamster's Union Hall, 70 Hegenberger Road (near Oakland
International Airport) in Oakland, California beginning at 1000 HRS.
The event, hosted by the Small Boat Commercial Salmon Fishermen's
Association, will feature gear vendors on site with special offers on
tackle and equipment, fishermen trade/sales of used gear, along with
informational booths from the California Department of Fish & Game
(CDFG), National Marine Fisheries Service (NMFS), U.S. Coast Guard,
the California Salmon Council, PCFFA, IFR, Save Our Wild Salmon
and the Monterey Bay Aquarium. For more information and directions,
go to www.sbcsfa.com/swap.htm.
5:09/11. CALIFORNIA RELEASES ITS FIRST STATUS OF THE
FISHERIES REPORT: Pursuant to the provisions of its Marine Life
Management Act (MLMA) of 1998, the State of California has released
its California Living Marine Resources: A Status Report. The spiral
bound 592-page report was jointly published by the California
Department of Fish & Game (CDFG) and the University of California's
Sea Grant Program. While such a report was requested by PCFFA and
others in the commercial fishing industry as part of MLMA when the
Legislature established for the first time standards for the conservation
and management of its fisheries and the development of management
plans, the initial report has been something of a disappointment.
Covering 150 species, reviewers have raised concerns regarding the
comprehensiveness of some of the status reports, particularly those for
well-known species. Moreover, concerns have been raised regarding the
accuracy of the economics section where it is believed some fisheries
were overvalued while others were grossly undervalued. To download a
free copy of the report or to print individual chapters, go to:
http://www.dfg.ca.gov/mrd/status.
5:09/12. CALIFORNIA FISH & GAME COMMISSION TO MEET
IN SAN DIEGO: The California Fish & Game Commission will meet
Thursday-Friday, 7-8 March at Hubbs Sea World in San Diego. On
Thursday, the Commission will take public testimony on the proposed
marine protected areas (MPAs) for the Channel Islands National Marine
Sanctuary. A final Commission decision on this issue will be made at its
August meeting. On Friday, the Commission will take testimony on
proposals for Klamath-Trinity in-river sport-fishing regulations, the
recreational ocean salmon fishery, and guidelines for closing the
commercial and sport fisheries for Cabezon, Sheephead and Kelp
Greenling when harvest allocations have been met. For more
information, call (916) 653-4899, or for the full agenda go to
www.dfg.ca.gov/fg_comm and click on meetings.
5:09/13. FINALLY GETTING A COUNT ON THE NUMBER OF
GULF SHRIMPERS: One of the United States' larger fisheries has
historically been that for shrimp in the Gulf of Mexico, where large
fleets of company owned boats dot the waterfront. Until now, however,
there has never been an accurate count of the number of vessels
participating in this fishery, extending from Florida in the east to Texas
in the west. That is expected to change now. On 25 February, the
National Marine Fisheries Service (NMFS) published in the Federal
Register (Vol. 67, No. 37, pp. 8503-8508) its proposed rule to adopt
Amendment 11 to the Fishery Management Plan (FMP) for the shrimp
fishery in the Gulf of Mexico, prepared by the Gulf of Mexico Fishery
Management Council. The proposed rule would require owners or
operators of all vessels harvesting shrimp in the exclusive economic
zone of the Gulf of Mexico (Gulf EEZ) to obtain a commercial vessel
permit for Gulf shrimp. The permit requirement is intended to provide
an accurate and efficient method of identifying and quantifying the
number of vessels in the Gulf EEZ shrimp fishery. The prohibition on
the use of traps for royal red shrimp is intended to prevent gear conflict
and potential overfishing. Written comments on the proposed rule are
due by 11 April and should be sent to Dr. Steve Branstetter, Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702. Requests for copies of Amendment 11, which
includes an environmental assessment and regulatory impact review
(RIR), can by obtained by e-mail: gulfcouncil@gulfcouncil.org.
5:09/14. ANNUAL LEGISLATIVE FISHERIES FORUM SET FOR
13TH: The 30th Annual California Legislative Fisheries Forum has
been set this year for Wednesday, 13 March, in Room 126 of the State
Capitol in Sacramento. Begun in 1973 by then-Assemblyman (later State
Senator) Barry Keene (D-Elk) at the urging of the late Fort Bragg fish
processor Bill Grader, the Forum has provided a unique setting where
fishermen, scientists, conservationists and fish agency representatives
come to the Capitol one day each year to discuss first hand with
legislators in a hearing setting the issues confronting California's fish
resources and its fisheries. Most of the state's major fisheries legislation,
from the doubling policy for salmon and restoration programs for that
resource, to prohibitions on the take of white shark and krill, to
management measures for the herring, swordfish, sea urchin, Dungeness
crab, squid and other fisheries, as well as creation of the Legislature's
Joint Committee on Fisheries & Aquaculture, have come out of Forum
discussions. The Forum is hosted by the Joint Committee on Fisheries
& Aquaculture, currently chaired by Assemblywoman Virginia
Strom-Martin (D-Duncan Mills).
Agenda items for this year's Forum include: Department of Fish &
Game budget cuts and impacts on salmon programs; a demonstration of
the "KRIS" resource information system being used in California salmon
watersheds; legislation dealing with the introduction of transgenic fish in
state waters and in supermarket counters (see Sublegals, 5:09/01);
canceling undeveloped offshore oil leases (see Sublegals, 5:07/01);
Marine Life Protection Act (MPAs) implementation; and nearshore
fisheries and the implementation of the Marine Life Management Act
(MLMA). This year's Forum will be taking place concurrently with the
Pacific Fishery Management Council's March meeting in Sacramento
and it immediately precedes the Pew Oceans Commission meeting in
New Orleans. For more information, contact the Joint Committee's
Mary Morgan at (916) 319-3823 or e-mail: mary.morgan@asm.ca.gov.
5:09/15: PCFFA, IFR BOARD MEETINGS IN SACRAMENTO:
The Pacific Coast Federation of Fishermen's Associations (PCFFA)
Board of Directors and the Board of Trustees of the Institute for
Fisheries Resources (IFR) will both hold one day meetings in
Sacramento, California on Thursday, 14 March, the day following the
Annual Legislative Fisheries Forum. For more information on the
PCFFA meeting, call (415) 561-5080; for information on the IFR
meeting, call (415) 561-3474.
5:09/16: OCEANA AND AMERICAN OCEANS CAMPAIGNS
MERGE, RELEASE REPORT ON FISHERIES BYCATCH: Oceana, a
spin-off of Earthjustice's Ocean Law Project with funding from major
private foundations, and the American Oceans Campaign (AOC) have
announced that the two organizations will merge. AOC was begun by
actor Ted Danson in 1987, with offices in Washington, DC and Southern
California. Steve Roady, who had been lead attorney for the Ocean Law
Project, is President of Oceana. At the same time the organizations were
announcing their merger, on 28 February Oceana released its 27-page
report "Oceans at Risk: Wasted Catch and the Destruction of Ocean
Life" regarding bycatch in the nation's fisheries. For more information
on the merger or to see a copy of the report, contact Dr. Michael
Hirshfield at: mhirshfield@oceana.org, or visit their website at:
http://www.oceana.org/.
5:09/17: CRAB LEGAL DEFENSE FUND ESTABLISHED IN
RESPONSE TO SLAPP SUIT: A legal defense fund has been
established for the purpose of defending three marketing associations,
the Fishermen's Marketing Association of Bodega Bay, the Crab Boat
Owner's Association (San Francisco), and the Half Moon Bay
Fishermen's Marketing Association, as well as individual officers in
those associations who were named in a "SLAPP" suit filed against them
by a crabber who refused to honor the tie-up in District 10 in California
this past Dungeness crab season while negotiations between the
associations and processors were taking place (see Sublegals, 5:06/09).
Donations should be made out to: "Crabbers Defense Fund" and sent to
that name c/o FMABB, P.O. Box 321, Bodega Bay, CA 94923.
5:09/18. PEW OCEANS COMMISSION TO MEET IN NEW
ORLEANS: The Pew Oceans Commission will meet 13-16 March in
New Orleans, Louisiana, as part of the first independent review of the
policies needed to restore and protect the oceans in over 30 years. The
public hearing, which will be held Friday, 15 March, will focus on
wetlands, fishing, oil and gas development, and nutrient runoff. For
more information on the meeting, go to the Commission's website at:
http://www.pewoceans.org.
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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<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>##########################################################
<BR> ~~>FISHLINK SUBLEGALS 3/1/02<~~
<BR>##########################################################
<BR> A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND
<BR> LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES
<BR> AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S
<BR> ASSOCIATIONS
<BR>
<BR> VOL. 05, NO. 09 1 MARCH 2002
<BR>##########################################################
<BR>
<BR>"Every government is run by liars and nothing they say should
<BR> be believed.".............I.F Stone
<BR>
<BR>##########################################################
<BR>IN THIS ISSUE.......
<BR>
<BR>Legislation Introduced To Prohibit Transgenic Fish In California
<BR>Waters, Label In Markets. 5:09/01
<BR>
<BR>PCFFA, Fishing And Conservation Groups Intervene In
<BR>Klamath Delisting And "Taking" Suits. 5:09/07
<BR>
<BR>West Coast's Largest Commercial Fishing Gear Swap Meet
<BR>Set For Saturday, 9 March. 5:09/10.
<BR>
<BR>California's Annual Fisheries Legislative Forum Scheduled
<BR>For 13 March In Sacramento. 5:09/14
<BR>
<BR>Defense Fund Established For Associations And Crabbers
<BR>Named In SLAPP Suit. 5:09/17.
<BR>
<BR>AND MORE......
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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 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.
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<BR>
<BR> 5:09/01. MEASURES INTRODUCED IN CALIFORNIA
<BR>LEGISLATURE TO PROHIBIT INTRO-DUCTION OF
<BR>TRANSGENIC FISH IN STATE WATERS, REQUIRE LABELING IN
<BR>MARKETPLACE: On 28 February a coalition of fishing, conservation
<BR>and food safety groups announced the introduction of two bills and one
<BR>resolution in the California Legislature to: prohibit the release or
<BR>cultivation of genetically engineered (GE) fish, especially salmon;
<BR>provide consumers with the right to know whether the fish they purchase
<BR>in supermarkets has been genetically engineered; and urge the U.S. Food
<BR>& Drug Administration (FDA) to disapprove a pending petition
<BR>permitting the marketing of genetically engineered salmon for human
<BR>consumption. "Transgenic salmon pose a tremendous threat to
<BR>fishermen, consumers, and the environment," said PCFFA Executive
<BR>Director Zeke Grader. "This legislative package will prevent the growth
<BR>of genetically altered fish until the true environmental and health risks
<BR>are understood." Sponsors include, in addition to PCFFA, the Natural
<BR>Resources Defense Council, the California Public Interest Research
<BR>Group (CalPIRG), the Ocean Conservancy and IFR.
<BR>
<BR> Transgenic fish are fish that have been altered by introducing genes
<BR>from a different species. The FDA is currently reviewing a petition by
<BR>Aqua Bounty Farms to sell genetically engineered fish to fish farms
<BR>where they would be raised and sold at restaurants and stores (see
<BR>Sublegals, 5:04/11; 5:02/12; 5:01/05; 4:16/13; 4:02/06; 3:19/03;
<BR>3:15/19; 3:12/09; 3:07/15; 3:05/15; 2:16/11). Currently, the U.S.
<BR>Government has almost no restrictions governing the release of
<BR>genetically engineered fish. Where federal agencies have attempted to
<BR>control genetically engineered organisms, they have overlooked the
<BR>potential damage to the environment, according to a recent National
<BR>Academy of Sciences (NAS) study on GE crops (see Sublegals,
<BR>5:09/02). As thousands of farmed fish already escape into the wild each
<BR>year, the release of genetically engineered fish into the state's waters
<BR>would further imperil wild fish populations and disrupt endangered
<BR>species and ecosystems.
<BR>
<BR> State Senator Byron Sher (D-Menlo Park) introduced SB 1525, under
<BR>which genetically engineered salmon and other fish would be classified
<BR>as an aquatic nuisance species. In the other house, Assembly-woman
<BR>Virginia Strom-Martin (D-Duncan Mills), chair of the Legislature's Joint
<BR>Committee on Fisheries & Aquaculture, has introduced AB 2962 that
<BR>would require labeling of all transgenic fish in supermarkets.
<BR>Assemblyman Joe Nation (D-Greenbrae), meanwhile, is scheduled to
<BR>introduce a resolution calling on the FDA to not approve the Aqua
<BR>Bounty request to allow transgenic salmon in farmed fish operations.
<BR>Last year, Maryland adopted a law that bans transgenic fish in the state's
<BR>network of waterways but allows them in separated ponds and lakes.
<BR>For more information see: www.ifrfish.org.
<BR>
<BR> In addition to environmental concerns, the sponsors raised serious
<BR>public health issues. Transgenic fish are also untested for human health
<BR>impacts, thus the effects of consuming them are unknown. "If approved,
<BR>these fish would be the first genetically engineered animals to land on
<BR>consumer's dinner plates," said Julie Miles, CalPIRG's Safe Foods
<BR>Campaign Director. "Similar to other genetically engineered foods,
<BR>genetically engineered fish pose unique food safety concerns including
<BR>potential allergic reactions and increased toxicity to humans."
<BR>Consumers in California have repeatedly shown they are in support of
<BR>informational labeling on foods so they can make informed decisions.
<BR>The Los Angeles Times article on the bills is at:
<BR>http://www.latimes.com/la-000015089feb28.story.
<BR>
<BR> 5:09/02. NAS WARNING ON TRANSGENIC CROPS: The
<BR>National Academy of Sciences (NAS), in a report released last week,
<BR>said genetically modified crops should be subject to stricter and more
<BR>public review before being approved for use. The NAS panel said also
<BR>that greater monitoring was needed of transgenic plants (particularly of
<BR>those producing their own pesticides) already approved for crop use. To
<BR>read the National Academy of Sciences report on genetically engineered
<BR>crops, visit:
<BR>http://www4.nationalacademies.org/news.nsf/isbn/0309082633?OpenDo
<BR>cument. The New York Times article is at:
<BR>http://www.nytimes.com/2002/02/22/science/22CROP.html. The Wall
<BR>Street Journal article is at:
<BR>http://online.wsj.com/article/0,4286,SB1014258907686755440,00.html?
<BR>mod=home_whats_news_us.
<BR>
<BR> 5:09/03. A NON-TRANSGENIC "FRANKENFISH": The
<BR>Associated Press reported 28 February of the existence of a one-month
<BR>old two-headed salmon smolt named Sam and Ella. The fish makes its
<BR>home in its own tank in Terry Donison's science class at Ridgetop Junior
<BR>High School in Silverdale, Washington. The fish has not been
<BR>genetically modified nor, as far as is known, come from anyhere near the
<BR>Hanford Reach of the Columbia River where its parents might have been
<BR>exposed to high levels of radiation. State officials say two-headed
<BR>salmon occasionally occur in nature but most die soon after leaving their
<BR>egg sacs. Sam and Ella is (are) unusual in that it (they) have lived so
<BR>long.
<BR>
<BR> 5:09/04. COLUMBIA SALMON PLAN RECEIVES FAILING
<BR>MARKS: On 27 February, salmon advocates working in the Columbia
<BR>River gave the federal government five "F"s and a "D" grade on the
<BR>implementation of its own salmon recovery plan in the Columbia,
<BR>adopted in December 2000. The "Salmon Plan Report Card" scored the
<BR>Administration based on standards and timelines contained within the
<BR>Salmon Plan itself. Of 199 measures required in the plan, 129 required
<BR>action in 2001, but only a fraction of those actions have yet been taken.
<BR>"The federal government failed to implement more than 75 percent of
<BR>the measures in their own plan during this first year, and lawmakers have
<BR>thus far failed to secure funding," noted Nicole Cordan of the Save Our
<BR>Wild Salmon Coalition. "At this rate, we'll reach the first official
<BR>check-in point in 2003 without having seen the federal government even
<BR>try to implement its own plan." Among the measures needed are
<BR>adequate water and flow levels. The failure to provide these resulted in
<BR>the lowest in-river out-migration survival rates in 2001 since the fish
<BR>were listed under the federal Endangered Species Act (ESA), with
<BR>migration survival rates 20 percent lower than in 2000.
<BR>
<BR> The plan was adopted during the last part of the Clinton
<BR>Administration but endorsed by the Bush Administration as a way to
<BR>avoid decommissioning the four lower Snake River dams, a measure
<BR>which most scientists consider as more effective, less speculative and far
<BR>cheaper than the alternative measures in the Administration's plan. If the
<BR>Administration's current plan fails the agencies will be required to
<BR>reconsider dam decommissioning. President Bush, however, has
<BR>opposed decommissioning yet his Administration has yet to implement
<BR>the alternative, creating a potential future legal crisis. For more see:
<BR>http://www.wildsalmon.org/info/sosreportcard_pr.htm.
<BR>
<BR> 5:09/05. NEW STUDY SAYS WORLD'S FRESH WATER
<BR>THREATENED: A report by the Pacific Institute highlights worldwide
<BR>threats to the Earth's limited fresh water supplies, including destruction
<BR>of fresh water habitat and wetlands, dewatering of river systems for
<BR>agriculture, increasing pollution and global climate change. The report
<BR>concludes that despite the pressing nature of these threats, water
<BR>institutions and policymakers have been largely unable or unwilling to
<BR>address these problems. For the full report see:
<BR>www.pacinst.org/reports/freshwater_threats.htm.
<BR>
<BR> 5:09/06. KLAMATH PROJECT PROPOSED WATER PLAN
<BR>PROVIDES LITTLE FOR SALMON: The "Final Biological
<BR>Assessment" (Final BA) and proposed 2002 water plan for the federal
<BR>Klamath Irrigation Project, released by the Bureau of Reclamation
<BR>(BOR) on 27 February, retreats from even the low flow numbers of the
<BR>earlier draft and would leave only a fraction of the water necessary to
<BR>prevent extinction of coho salmon in the Klamath River. During
<BR>irrigation seasons in drier years, the Final BA sets downriver flow targets
<BR>of less than one-third the minimum amounts necessary to prevent coho
<BR>extinction that were required during the 2001 drought. Under the BOR's
<BR>proposed plan, even in an above average future water year, coho salmon
<BR>would still receive less than one-half the amounts a recent
<BR>comprehensive flow study commissioned by the Bureau (the "Hardy
<BR>Phase II Flow Study") recommends as necessary for any actual salmon
<BR>recovery. Furthermore, BOR's water plan is intended to last for ten
<BR>years, not the one year term of all prior Klamath Project water plans.
<BR>Lower river fishing interests are angry over BOR's plan, calling it
<BR>"supervised salmon extinction." The Final BA itself is available at:
<BR>http://www.doi.gov. Lower river flow levels proposed are on page 72.
<BR>
<BR> The BOR is also still taking the position, in the Final BA, that it has
<BR>no legal obligation or power to provide water specifically for ESA-listed
<BR>fish and wildlife. This position has been repudiated by every court that
<BR>has ever decided a water allocation dispute in the Klamath Basin. Some
<BR>Administration officials are apparently urging this legal theory to try to
<BR>overturn current case law, or to shift the blame for any future water
<BR>cutbacks to the fish and wildlife agencies and/or non-governmental
<BR>groups that may have to sue them to force them to comply with the law.
<BR>Last year PCFFA did sue, on behalf of downriver commercial fishermen,
<BR>because the BOR failed to meet its legal duty to consult under the ESA
<BR>on the impacts of the Project on coho salmon. Given the gross
<BR>inadequacies of the current BOR water plan for salmon, PCFFA has
<BR>filed another 60-Day Notice to Sue, available on its web site at:
<BR>www.pcffa.org. For more information on the importance of the Klamath
<BR>Basin to downriver fisheries, see: www.pcffa.org/klamath.htm.
<BR>
<BR> The BOR used the recent Interim National Academy of Sciences
<BR>(NAS) report, which raised concerns about poor water quality affecting
<BR>downriver fish (see Sublegals, 5:06/01), to justify even further downriver
<BR>flow cutbacks than it proposed in its draft. However, the NAS report
<BR>also blasted the BOR's 2001 proposed water plan as too risky and
<BR>lacking scientific basis, a plan that was very similar to or better than the
<BR>proposed 2002 plan at least for salmon. The NAS Committee has been
<BR>criticized by Klamath and Yurok Tribal scientists for its simplistic and
<BR>cursory analysis of a highly complex ecosystem, as well as for having
<BR>made fundamental errors, rendering the report's conclusions suspect.
<BR>
<BR> The Final BA now goes to the U.S. Fish & Wildlife Service
<BR>(USFWS) and the National Marine Fisheries Service (NMFS) for a
<BR>formal determination as to whether or not it would cause "jeopardy" (i.e.,
<BR>increase the likelihood of extinction) under the ESA. Last year both
<BR>fishery agencies, in light of a record breaking drought, required
<BR>considerably more water to be left both in the river for coho, and in
<BR>Upper Klamath Lake for two species of lake fish, than what BOR had
<BR>originally offered. For more of the story see the 27 February Los
<BR>Angeles Times at:
<BR>http://www.latimes.com/news/nationworld/nation/wire/sns-ap-klamath-
<BR>water0228feb27.story, and also see a Los Angeles Times follow-up story
<BR>28 February at:
<BR>http://www.latimes.com/news/local/la-000015229feb28.story.
<BR>
<BR> 5:09/07. SALMON CONSERVATION GROUPS INTERVENE IN
<BR>KLAMATH DELISTING AND 'TAKINGS' SUITS: As Klamath water
<BR>battles return to the courts, on 26 February a number of fishing and
<BR>conservation groups involved in salmon restoration, including PCFFA
<BR>and IFR, formally petitioned the U.S. District Court in Oregon for
<BR>permission to intervene in a recent lawsuit (see Sublegals, 5:06/02)
<BR>intended to strip coho salmon in the Klamath Basin of protections under
<BR>the federal Endangered Species Act (ESA). The original suit, brought by
<BR>radical "wise-use" advocates on behalf of various Grange organizations,
<BR>the Alsea Valley Alliance and individual Klamath Basin farmers, is the
<BR>first of many Alsea Valley Alliance-type look-alike cases that
<BR>landowners and industrial watershed users are expected to bring to try to
<BR>overturn existing ESA protections for salmon and steelhead coastwide,
<BR>aiming to avoid ESA obligations to help clean up damaged watersheds
<BR>(see Sublegals 4:26/08). The original Alsea Valley Alliance case ruling
<BR>has been stayed on appeal to the U.S. Ninth Circuit Court of Appeals.
<BR>
<BR> Also on 26 February, many of the same groups, again including
<BR>PCFFA and IFR, asked to intervene as parties of interest in the massive
<BR>billion dollar 'takings' claim, brought by Klamath Project water users that
<BR>lost water during last year's near record drought, which is filed in the
<BR>U.S. Court of Claims in Washington, DC. The irrigators are pressing a
<BR>legal theory they have long held, that literally all the water in the Upper
<BR>Klamath Basin belongs to them by contract with the U.S. Bureau of
<BR>Reclamation (BOR), and that any water they are required to leave in the
<BR>river for ESA-listed fish and wildlife thus has to be purchased and paid
<BR>for. The U.S. Department of Justice is defending the case on behalf of
<BR>the BOR, but it is troubling that this same legal theory now has appeared
<BR>in the Bureau's own proposed 2002 Klamath Project water plan (see
<BR>Sublegals, 5:09/06 above), leading to concerns that the Bush
<BR>Administration will not aggressively defend the case. The implications
<BR>of this case for the whole of western water law, and the possibility that
<BR>an adverse ruling would set a major negative precedent for fish
<BR>protections, prompted the intervention. Both intervention petitions are
<BR>being handled by Earthjustice Legal Defense in Seattle, Washington.
<BR>For more information contact them at: (206) 343-7340.
<BR>
<BR> 5:09/08. LOWER COLUMBIA RIVER DISSOLVED GAS TMDL
<BR>UNDER CONSTRUCTION: The states of Oregon and Washington are
<BR>in the process of developing joint TMDL ("total maximum daily load")
<BR>pollutant standards for dissolved gases in the Lower Columbia River in
<BR>order to comply with the Clean Water Act, including dissolved nitrogen
<BR>produced by Columbia dam spillways. The "Lower Columbia River
<BR>Total Dissolved Gas TMDL and Implementation Plan" would then be
<BR>submitted to the U.S. Environmental Protection Agency (EPA) for
<BR>approval. Dissolved gases are critical factors in salmon protection
<BR>measures and overall water quality, and the Lower Columbia has been
<BR>listed under the Clean Water Act 303(d) list as 'water quality limited' for
<BR>these factors for many years. Once approved, the TMDL will set
<BR>enforceable maximum standards for these pollutants, and shield against
<BR>liability under the Clean Water Act. Documents can be found at:
<BR>http://www.deq.state.or.us/wq/TMDLs/TMDLs.htm. Documents are also
<BR>available at: www.epa.gov/r10earth/columbiamainstemtmdl.htm. A
<BR>number of public hearings are planned, beginning 18 March, and the
<BR>deadline for comments is 1700 HRS on 5 April.
<BR>
<BR> 5:09/09. LAWSUIT FILED BY TIMBER INDUSTRY, HOME
<BR>BUILDERS, RURAL LAND GROUPS AGAINST NMFS' FINAL EFH
<BR>RULE: On 19 February, the Washington DC law firm of Perkins Coie
<BR>filed suit in U.S. District Court in Idaho challenging the National Marine
<BR>Fisheries Service's (NMFS) final rule for essential fish habitat (EFH)
<BR>pursuant to the Magnuson-Stevens Fishery Conservation & Management
<BR>Act ("Magnuson-Stevens"). NMFS had adopted the final rule for EFH,
<BR>required under provisions of the Sustainable Fisheries Act of 1996,
<BR>amending Magnuson-Stevens, on 17 January (see Sublegals, 5:03/03).
<BR>The suit, Idaho County et al. v. Evans et al. (CIV 02-0080-C-EH), seeks
<BR>to declare the EFH rule in violation of Magnuson-Stevens, the
<BR>Regulatory Flexibility Act (RFA), the National Environmental Policy
<BR>Act (NEPA) and the Administrative Procedures Act (APA) and enjoin
<BR>enforcement of the EFH rule. Plaintiffs, including Idaho County (ID),
<BR>Valley County (ID), Okanogan County (WA), Alaska Forest
<BR>Association, Intermountain Forest Association and the National
<BR>Association of Home Builders, claim the use of their property will be
<BR>impaired by the EFH rule. Salmon fishermen, other fishery advocates
<BR>and scientists have stated the EFH rule is critical to the protection and
<BR>restoration of many fish species that are affected by human-caused
<BR>factors (e.g., logging, agricultural practices, development impairing
<BR>watersheds and coastal waterways) other than fishing. For more
<BR>information, contact Robert A. Maynard at Perkins Coie's Boise, Idaho
<BR>branch office at (208) 343-3434.
<BR>
<BR> 5:09/10. REMINDER - WEST COAST'S LARGEST FISHING
<BR>GEAR SWAP MEET: The annual west coast's largest commercial
<BR>fishing gear swap meet will be held this year on Saturday, 9 March, at
<BR>the Teamster's Union Hall, 70 Hegenberger Road (near Oakland
<BR>International Airport) in Oakland, California beginning at 1000 HRS.
<BR>The event, hosted by the Small Boat Commercial Salmon Fishermen's
<BR>Association, will feature gear vendors on site with special offers on
<BR>tackle and equipment, fishermen trade/sales of used gear, along with
<BR>informational booths from the California Department of Fish & Game
<BR>(CDFG), National Marine Fisheries Service (NMFS), U.S. Coast Guard,
<BR>the California Salmon Council, PCFFA, IFR, Save Our Wild Salmon
<BR>and the Monterey Bay Aquarium. For more information and directions,
<BR>go to www.sbcsfa.com/swap.htm.
<BR>
<BR> 5:09/11. CALIFORNIA RELEASES ITS FIRST STATUS OF THE
<BR>FISHERIES REPORT: Pursuant to the provisions of its Marine Life
<BR>Management Act (MLMA) of 1998, the State of California has released
<BR>its California Living Marine Resources: A Status Report. The spiral
<BR>bound 592-page report was jointly published by the California
<BR>Department of Fish & Game (CDFG) and the University of California's
<BR>Sea Grant Program. While such a report was requested by PCFFA and
<BR>others in the commercial fishing industry as part of MLMA when the
<BR>Legislature established for the first time standards for the conservation
<BR>and management of its fisheries and the development of management
<BR>plans, the initial report has been something of a disappointment.
<BR>Covering 150 species, reviewers have raised concerns regarding the
<BR>comprehensiveness of some of the status reports, particularly those for
<BR>well-known species. Moreover, concerns have been raised regarding the
<BR>accuracy of the economics section where it is believed some fisheries
<BR>were overvalued while others were grossly undervalued. To download a
<BR>free copy of the report or to print individual chapters, go to:
<BR>http://www.dfg.ca.gov/mrd/status.
<BR>
<BR> 5:09/12. CALIFORNIA FISH & GAME COMMISSION TO MEET
<BR>IN SAN DIEGO: The California Fish & Game Commission will meet
<BR>Thursday-Friday, 7-8 March at Hubbs Sea World in San Diego. On
<BR>Thursday, the Commission will take public testimony on the proposed
<BR>marine protected areas (MPAs) for the Channel Islands National Marine
<BR>Sanctuary. A final Commission decision on this issue will be made at its
<BR>August meeting. On Friday, the Commission will take testimony on
<BR>proposals for Klamath-Trinity in-river sport-fishing regulations, the
<BR>recreational ocean salmon fishery, and guidelines for closing the
<BR>commercial and sport fisheries for Cabezon, Sheephead and Kelp
<BR>Greenling when harvest allocations have been met. For more
<BR>information, call (916) 653-4899, or for the full agenda go to
<BR>www.dfg.ca.gov/fg_comm and click on meetings.
<BR>
<BR> 5:09/13. FINALLY GETTING A COUNT ON THE NUMBER OF
<BR>GULF SHRIMPERS: One of the United States' larger fisheries has
<BR>historically been that for shrimp in the Gulf of Mexico, where large
<BR>fleets of company owned boats dot the waterfront. Until now, however,
<BR>there has never been an accurate count of the number of vessels
<BR>participating in this fishery, extending from Florida in the east to Texas
<BR>in the west. That is expected to change now. On 25 February, the
<BR>National Marine Fisheries Service (NMFS) published in the Federal
<BR>Register (Vol. 67, No. 37, pp. 8503-8508) its proposed rule to adopt
<BR>Amendment 11 to the Fishery Management Plan (FMP) for the shrimp
<BR>fishery in the Gulf of Mexico, prepared by the Gulf of Mexico Fishery
<BR>Management Council. The proposed rule would require owners or
<BR>operators of all vessels harvesting shrimp in the exclusive economic
<BR>zone of the Gulf of Mexico (Gulf EEZ) to obtain a commercial vessel
<BR>permit for Gulf shrimp. The permit requirement is intended to provide
<BR>an accurate and efficient method of identifying and quantifying the
<BR>number of vessels in the Gulf EEZ shrimp fishery. The prohibition on
<BR>the use of traps for royal red shrimp is intended to prevent gear conflict
<BR>and potential overfishing. Written comments on the proposed rule are
<BR>due by 11 April and should be sent to Dr. Steve Branstetter, Southeast
<BR>Regional Office, NMFS, 9721 Executive Center Drive N., St.
<BR>Petersburg, FL 33702. Requests for copies of Amendment 11, which
<BR>includes an environmental assessment and regulatory impact review
<BR>(RIR), can by obtained by e-mail: gulfcouncil@gulfcouncil.org.
<BR>
<BR> 5:09/14. ANNUAL LEGISLATIVE FISHERIES FORUM SET FOR
<BR>13TH: The 30th Annual California Legislative Fisheries Forum has
<BR>been set this year for Wednesday, 13 March, in Room 126 of the State
<BR>Capitol in Sacramento. Begun in 1973 by then-Assemblyman (later State
<BR>Senator) Barry Keene (D-Elk) at the urging of the late Fort Bragg fish
<BR>processor Bill Grader, the Forum has provided a unique setting where
<BR>fishermen, scientists, conservationists and fish agency representatives
<BR>come to the Capitol one day each year to discuss first hand with
<BR>legislators in a hearing setting the issues confronting California's fish
<BR>resources and its fisheries. Most of the state's major fisheries legislation,
<BR>from the doubling policy for salmon and restoration programs for that
<BR>resource, to prohibitions on the take of white shark and krill, to
<BR>management measures for the herring, swordfish, sea urchin, Dungeness
<BR>crab, squid and other fisheries, as well as creation of the Legislature's
<BR>Joint Committee on Fisheries & Aquaculture, have come out of Forum
<BR>discussions. The Forum is hosted by the Joint Committee on Fisheries
<BR>& Aquaculture, currently chaired by Assemblywoman Virginia
<BR>Strom-Martin (D-Duncan Mills).
<BR>
<BR> Agenda items for this year's Forum include: Department of Fish &
<BR>Game budget cuts and impacts on salmon programs; a demonstration of
<BR>the "KRIS" resource information system being used in California salmon
<BR>watersheds; legislation dealing with the introduction of transgenic fish in
<BR>state waters and in supermarket counters (see Sublegals, 5:09/01);
<BR>canceling undeveloped offshore oil leases (see Sublegals, 5:07/01);
<BR>Marine Life Protection Act (MPAs) implementation; and nearshore
<BR>fisheries and the implementation of the Marine Life Management Act
<BR>(MLMA). This year's Forum will be taking place concurrently with the
<BR>Pacific Fishery Management Council's March meeting in Sacramento
<BR>and it immediately precedes the Pew Oceans Commission meeting in
<BR>New Orleans. For more information, contact the Joint Committee's
<BR>Mary Morgan at (916) 319-3823 or e-mail: mary.morgan@asm.ca.gov.
<BR>
<BR> 5:09/15: PCFFA, IFR BOARD MEETINGS IN SACRAMENTO:
<BR>The Pacific Coast Federation of Fishermen's Associations (PCFFA)
<BR>Board of Directors and the Board of Trustees of the Institute for
<BR>Fisheries Resources (IFR) will both hold one day meetings in
<BR>Sacramento, California on Thursday, 14 March, the day following the
<BR>Annual Legislative Fisheries Forum. For more information on the
<BR>PCFFA meeting, call (415) 561-5080; for information on the IFR
<BR>meeting, call (415) 561-3474.
<BR>
<BR> 5:09/16: OCEANA AND AMERICAN OCEANS CAMPAIGNS
<BR>MERGE, RELEASE REPORT ON FISHERIES BYCATCH: Oceana, a
<BR>spin-off of Earthjustice's Ocean Law Project with funding from major
<BR>private foundations, and the American Oceans Campaign (AOC) have
<BR>announced that the two organizations will merge. AOC was begun by
<BR>actor Ted Danson in 1987, with offices in Washington, DC and Southern
<BR>California. Steve Roady, who had been lead attorney for the Ocean Law
<BR>Project, is President of Oceana. At the same time the organizations were
<BR>announcing their merger, on 28 February Oceana released its 27-page
<BR>report "Oceans at Risk: Wasted Catch and the Destruction of Ocean
<BR>Life" regarding bycatch in the nation's fisheries. For more information
<BR>on the merger or to see a copy of the report, contact Dr. Michael
<BR>Hirshfield at: mhirshfield@oceana.org, or visit their website at:
<BR>http://www.oceana.org/.
<BR>
<BR> 5:09/17: CRAB LEGAL DEFENSE FUND ESTABLISHED IN
<BR>RESPONSE TO SLAPP SUIT: A legal defense fund has been
<BR>established for the purpose of defending three marketing associations,
<BR>the Fishermen's Marketing Association of Bodega Bay, the Crab Boat
<BR>Owner's Association (San Francisco), and the Half Moon Bay
<BR>Fishermen's Marketing Association, as well as individual officers in
<BR>those associations who were named in a "SLAPP" suit filed against them
<BR>by a crabber who refused to honor the tie-up in District 10 in California
<BR>this past Dungeness crab season while negotiations between the
<BR>associations and processors were taking place (see Sublegals, 5:06/09).
<BR>Donations should be made out to: "Crabbers Defense Fund" and sent to
<BR>that name c/o FMABB, P.O. Box 321, Bodega Bay, CA 94923.
<BR>
<BR> 5:09/18. PEW OCEANS COMMISSION TO MEET IN NEW
<BR>ORLEANS: The Pew Oceans Commission will meet 13-16 March in
<BR>New Orleans, Louisiana, as part of the first independent review of the
<BR>policies needed to restore and protect the oceans in over 30 years. The
<BR>public hearing, which will be held Friday, 15 March, will focus on
<BR>wetlands, fishing, oil and gas development, and nutrient runoff. For
<BR>more information on the meeting, go to the Commission's website at:
<BR>http://www.pewoceans.org.
<BR>
<BR>NEWS, COMMENTS, CORRECTIONS: Submit your news items,
<BR>comments or any corrections to Allison Vogt, Editor at:
<BR>ifrfish@pacbell.net or call the IFR/PCFFA office with the news and a
<BR>source at either: (415) 561-FISH (Southwest Office) or (541) 689-2000
<BR>(Northwest Office).
<BR>
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