[Fishlink] ~~>FISHLINK SUBLEGALS 3/22/02<~~

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                     ~~>FISHLINK SUBLEGALS 3/22/02<~~
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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. 12                                                22 MARCH 2002
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"The best available politics does not equate to the best available
science."--Judge Sidney Thomas
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IN THIS ISSUE.......

NRC STUDY RELEASED ON FISHING GEAR 
IMPACTS ON SEAFLOOR HABITAT. 5:12/01

USGS ISSUES REPORT ON IMPACTS OF 
PHARMACEUTICALS AND HORMONES IN WATER. 5:12/03

NORWEGIAN STUDY FINDS WASTEWATER 
FROM OFFSHORE OIL RIGS HARMS CODFISH.  5:12/05.

NEW "DEAD ZONE" IN GULF OF MEXICO THREATENS
FISHERY AND MARINE SANCTUARY. 5:12/06.

NASA GROWS MUTANT FISH FLESH 
WITHOUT THE FISH FOR SPACE TRAVEL. 5:12/14.

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. 
##########################################################
     5:12/01.  SCIENCE REPORT ON FISHING IMPACTS ON OCEAN
BOTTOM HABITAT: On 18 March the National Research Council
(NRC), a division of the U.S. National Academy of Sciences (NAS),
issued its long awaited report reviewing the science questions about
assessing the impacts of fishing gear on ocean bottom habitat (see
Sublegals, 5:10/02).  The report, titled "Effects of Trawling and
Dredging on Seafloor Habitat," has received generally favorable reviews
in the fishing industry.  The report calls for better and more detailed
mapping of impacts, more collaboration with fishermen and better
integration of agency data across agency lines, which is often kept in
incompatible formats that make impact assessments nearly impossible. 
In particular, the NRC report noted: "Fishermen's knowledge and
experience should be used to study gear impacts and develop new gear
technologies.  Their active engagement in research will help ensure that
mitigation strategies are practical, enforceable, and acceptable to the
fishing community."  

     Though the report cites considerable evidence of habitat bottom
damage in some areas from some types of gear, it also noted that
assessing whether such disturbances have any lasting ecosystem impacts
depends on frequency of disturbance, type of disturbance and many other
factors, several of which have not yet been well studied.  The report was
intended to provided the National Marine Fisheries Service (NMFS)
better guidance for future comprehensive studies of this problem,
including recommendations for developing an ocean geographic
information system (GIS) database and for habitat typing systems from
which to assess cumulative impacts and chart habitat changes.  

     Many commercial fishing organizations around the country have been
working diligently to develop fishing gear modifications that better
protect ocean habitat, but the management agencies themselves have
been lax in making these changes part of the regulations. NMFS is
required to "minimize to the extent practicable" the impact of fishing
gear on designated "essential fish habitat" (EFH) under the 1996
amendments to the Magnuson-Stevens Fishery Conservation &
Management Act (16 U.S.C. 1853(a)(7)), provisions broadly supported
at the time by the industry, but implementation has been so poor and
inconsistent (and in some regions non-existent) that NMFS and the
Regional Management Councils were all sued by a coalition of
conservation and fishing industry groups (including PCFFA) in 1999
(American Oceans Campaign, et. al. v. Daley, U.S. District Court,
District of Columbia (Civil Case No. 1:99CV00982GK).  That case was
settled in December 2001, and the referral by NMFS of the scientific
questions on the issue to the NRC was part of its initial response to that
lawsuit.  The prepublication copy of the report is at:
http://www.nap.edu/books/0309083400/html.  The published version
will be out in May and can be ordered from that web site.

     5:12/02. SYMPOSIUM ON EFFECTS OF FISHING ON BENTHIC
HABITATS SET FOR NOVEMBER 2002:  The American Fisheries
Society (AFS) is sponsoring a major national symposium on the impacts
of fishing gear on ocean habitat, now scheduled for 12-14 November in
Tampa, Florida.  Deadline for abstracts for the symposium is 1 April,
and the proceedings of the symposium will be published.  The
symposium is co-sponsored by the Ecological Society of America, U.S.
Geological Survey (USGS) and the National Oceanic & Atmospheric
Administration (NOAA).  For more information see:
http://walrus.wr.usgs.gov/bh2002/index.html.

     5:12/03.  PHARMACEUTICALS AND HORMONES IN WATER
GET FIRST HARD LOOK: A new report by the U.S. Geological Survey
(USGS), released 15 March, looks for the first time at the presence of
many human and animal pharmaceuticals, hormones and common
organic chemicals in the nation's waterways. Published in the journal
Environmental Science & Technology,  "Pharmaceuticals, Hormones,
and Other Organic Wastewater Contaminants in U.S. Streams,
1999-2000: A National Reconnaissance" shows that multiple medical
drugs (including antibiotics), both natural and synthetic hormones and
many other organic wastewater-related chemicals have been detected,
though usually at very low levels, in 80 percent of streams sampled
nearly everywhere across the United States.  Most of the chemicals
examined (81 of 95) do not have state or federal drinking water
standards.  Chemicals commonly found in households, or used in
agriculture or industry, find their way into sewage treatment systems but
are rarely monitored, and secondary water treatment often cannot
eliminate them.  

     The most frequently detected compounds included: coprostanol (fecal
steroid) cholesterol (plant and animal steroid) N-N-diethyltoluamide
(insect repellant) caffeine (stimulant) triclosan (antimicrobial 
disinfectant) tri-2-chloroethyl phosphate (fire retardant) 4-nonylphenol
(detergent metabolite). "Overall, steroids, non-prescription drugs and a
chemical found in insect repellants were the chemical groups most
frequently detected," according to Dana Kolpin, a USGS research
hydrologist and head of this national study.  "Detergent metabolites,
steroids and plasticizers were generally measured at higher
concentrations than the other chemical groups, but concentrations
measured in this study generally were very low (less than 1
part-per-billion)." The impact of most of these compounds on aquatic
life is largely unknown, though a number of estrogen-like synthetic
hormones are known to disrupt the endocrine system and may cause
developmental and reproductive problems in salmonids. The full report
is available at: http://pubs.acs.org/hotartcl/est/es011055j_rev.html. 
Additional information about the issue is at:
http://toxics.usgs.gov/regional/emc.html.

     5:12:/04. CALIFORNIA STATE WATER BOARD TO REGULATE
AGRICULTURAL PESTICIDES; BILL INTRODUCED TO DERAIL
REFORMS:  Polluted agricultural runoff is exempt under the U.S.
Federal Clean Water Act, and in California has enjoyed an
administrative waiver from the state's Porter-Cologne Water Quality
Control Act by the State Water Resources Control Board (SWRCB) for
more than 20 years. In 1999, existing California law was amended by SB
390 to sunset that waiver by 1 January 2003 and, in response to a recent
lawsuit (see Sublegals 5:11/05), the SWRCB has pledged to remove the
waiver and re-regulate agricultural pollutants, particularly in California's
agriculture-intensive Central Valley.  With nearly every river system in
the Central Valley laced with agricultural chemicals from runoff, these
reforms are seen as essential to protect California's remaining clean
water and salmon runs.  This reform, however, could be derailed as a
result of a measure, AB 2226, introduced in the California Legislature, at
the urging of agribusiness interests, by Assemblyman Simon Salinas
(D-Salinas). This bill would delay the sunset date in the original SB 390
by at least four more years and extend the review period for future
waivers from the current five years to ten years. For more information on
the issue contact Bill Jennings, DeltaKeeper, at (209) 464-5090.  You
can also track the measure by bill number at:
http://www.leginfo.ca.gov/bilinfo.html.                                       
               

     5:12/05: NORWEGIAN STUDY FINDS WASTE FROM NORTH
SEA OIL RIGS HARMING COD: The British Broadcasting
Corporation (BBC) reported 22 March that waste products from offshore
oil exploration could be seriously harming cod in the North Sea. The
report, based on recent studies by Norwegian scientists, found that in
experimental conditions chemicals dissolved in wastewater from oil
platforms stunted the growth of the fish and affected their breeding
patterns.  The oil brought up from reserves beneath the seabed is mixed
in with a large amount of fresh water.  That water is separated off at the
surface and pumped back into the sea, but it contains chemical
compounds that can seriously disrupt fish biological functions. Scientists
at the Norwegian Marine Research Institute in Bergen found
that when cod were exposed to this solution, their eggs became smaller
and spawning was delayed. That meant they were out of synch with the
availability of the plankton they need to grow - a sort of ecological
mismatch. On Thursday, North Sea nations had urged a cut in fish
catches to protect cod.

     5:12/06: NEW DEAD ZONE IN GULF OF MEXICO,
SANCTUARY DESIGNATION CANNOT HELP:  WorldCatch News
Network reported on 20 March on a massive new dead zone in the Gulf
of Mexico along the Southwest Florida coast.  There has been a dead
zone floating about in the Gulf of Mexico, approximately the size of
New Jersey, attributed to agricultural runoff from the Mississippi River
(the subject of recent hearings and a report by the Pew Oceans
Commission; to see that report, go to www.pewoceans.org). This newest
one, called "black water," is in an area of the Gulf of Mexico
traditionally known as a rich fishing ground.  According to the
Worldcatch report, this dead zone was "first sighted in January." The
mass of black-colored water reached from 20 miles north of Marathon
Key halfway to Naples. It stretched west almost 20 miles into the Gulf of
Mexico. Fishermen don't know if it's moved in from the north or
offshore or if it originated in the coastal waters off Southwest Florida.
Though somewhat smaller now than descriptions from January, the mass
of water that is still quite large is now moving into the Florida Keys
National Marine Sanctuary.  

     "Created by Congress in 1990, the 2,800-square-mile Sanctuary
adjacent to the Keys is the largest coral reef in the United States. It
includes the productive waters of Florida Bay, the Gulf of Mexico and
the Atlantic Ocean. Part of the ecosystem is an extensive nursery,
feeding and breeding ground that supports a variety of marine species
and a multimillion-dollar fishing industry that brings in almost 20
million pounds of seafood each year. Billy Causey, superintendent of the
Sanctuary, said recently that there is real concern in the scientific
community about the overall health of the Gulf. Causey said that
contributing to the problems afflicting the shallow body is global
warming, extended periods when the Gulf waters aren't cooling in the
winter, and the growing impact of human activity along coastlines," said
Worldcatch.

     "This most recent dead zone, coupled with that already existing in the
Gulf and smaller ones in places such as New England (attributed to a
power plant operation) and the Klamath River, highlight the fact that to
save our fisheries and oceans, we will have to tackle the hard issues of
water quality and coastal development, as well as begin seriously
curbing factors contributing to global warming," said PCFFA Executive
Director Zeke Grader.  "There is no simple, easy solution. Sanctuary
designations and MPAs [marine protected areas] may have some limited
conservation benefits, but they are no more effective in protecting
against this kind of massive devastation than the Maginot Line was in
protecting France from the Nazi invasion."  To see the Worldcatch
article, go to: www.worldcatch.com. 

     5:12/07.  WESTERN PACIFIC COUNCIL ADOPTS CORAL REEF
MANAGEMENT PLAN:  The Western Pacific Fishery Management
Council (WPMFC) has submitted its Coral Reef Ecosystems Fishery
Management Plan (CREFMP) for the Department of Commerce review
under the Magnuson-Stevens Fishery Conservation & Management Act
(Magnuson-Stevens Act). The CREFMP, "an ecosystem-based plan, is
intended to conserve and manage the coral reef ecosystems and
associated habitats in the U.S. exclusive economic zones (EEZ) around
American Samoa, Guam, Hawaii, Commonwealth of the Northern
Mariana Islands (CNMI), and the remote U.S. Pacific island areas
(PRIAs) in the Pacific Ocean. Its goal is to maintain sustainable coral
reef fisheries while protecting stocks, habitat, protected species, and
coral reef ecosystems from adverse impacts."

     Comments on the CREFMP are due by 17 May 2002, and should be
sent to Dr. Charles Karnella, Administrator, Pacific Islands Area Office,
NMFS, 1161 Kapiolani Blvd, Suite 110, Honolulu, HI 96815. The
CREFMP is available at the WPFMC website: www.wpcouncil.org. 

      5:12/08. LONGLINE MORATORIUM RECOMMENDED;
ADOPTION OF HIGHLY MIGRATORY PLAN DELAYED:  The
Pacific Fishery Management Council (PFMC), at its 11-15 March
meeting in Sacramento (see Sublegals, 5:10/04), decided to recommend
an "indefinite moratorium" on longline fishing "for highly migratory
fisheries (swordfish, shark, tuna) off the entire West Coast."  Currently,
fishing for swordfish and thresher shark along the California coast is
done with large mesh driftnets that select for the larger, more mature
fish. West coast swordfish driftnet fishermen have worked closely with
conservation organizations and agencies to operate in areas where they
can avoid entanglement with marine mammals, and are currently
working on a multi-frequency "pinger" to prevent entanglements with
any marine mammals whatsoever, as well as ways to set the nets to avoid
sea turtles.  There have been complaints about the take of immature
swordfish by longliners, in addition to their hooking sea turtles.   On the
U.S. west coast, tuna are currently taken either by purse seines
(yellowfin and skipjack) or troll lines (albacore). Some have suggested
that the highly migratory plan be broken down into three different plans,
one each for billfish, tunas, and sharks, since the stocks have different
problems and are usually not pursued in the same fishery.  In addition to
recommending the longline moratorium, the PFMC decided to delay
adoption of the highly migratory plan. For more information, go to:
www.pcouncil.org. 

     5:12/09. PACIFIC HALIBUT FISHING REGULATIONS
RELEASED BY IPHC: On 20 March, the National Marine Fisheries
Service (NMFS) published in the Federal Register (Vol. 67, No. 54, pp.
12885-12897), on behalf of the International Pacific Halibut
Commission (IPHC), the annual regulations adopted by the IPHC and
approved by the Secretary of State governing the Pacific halibut fishery.
NMFS also announced approval of modifications to the Catch Sharing
Plan (CSP) for Area 2A and implementing regulations for 2002.
According to the agency, "These actions are intended to enhance the
conservation of Pacific halibut and further the goals and objectives of the
Pacific Fishery Management Council (PFMC) and the North Pacific
Fishery Management Council (NPFMC)."  The new regulations took
effect 18 March. For more information, go to NMFS Alaska Region
website at: http://www.fakr.noaa.gov. 

     5:12/10.  LOW FISH INTAKE LINKED TO PREMATURE
BIRTHS:  A recent study published in the 23 February issue of the
British Medical Journal (Vol. 324, No. 7335, p. 447) links consumption
of fish to high birth weight, with women who eat little or no fish
apparently at greater risk of premature and low birth weight babies.  The
study, "Low Consumption of Seafood in Early Pregnancy as a Risk
Factor for Preterm Delivery: Prospective Cohort Study," by Olsen and
Secher, is based on extensive health and dietary questionnaires in
Denmark.  The probable cause is that the long chain fatty acids common
in seafood provide substantial health benefits to developing fetuses.  For
more information, see the journal issue archives at: http://bmj.com.
                        
      5:12/11. LATEST OF ESA "REFORM" BILL HEARINGS HELD: 
U.S. House of Representatives' Resources Committee Chairman,
Congressman James Hansen (R-UT), a strident opponent of the
Endangered Species Act (ESA), held a full Committee hearing on 20
March in Washington DC on two bills to "reform" the Endangered
Species Act (ESA). The bills would substantially limit the type of
scientific information that could be used for ESA listing decisions.  H.R.
2829, the "Sound Science for Endangered Species Act Planning Act of
2001," sponsored by Representative Greg Walden (R-OR), would give
greater weight to data collected by landowners and would establish a
mandatory requirement of an independent peer review at all
decision-making points in all ESA cases.  H.R. 3705, by Representative
Richard Pombo (R-CA), which he called the "Sound Science Saves
Species Act of 2002," would make the species listing petitioning process
far more cumbersome and difficult, establish several new peer review
prerequisites to any finding of "jeopardy" by an agency in future ESA
consultations, and require notification of every landowner who might be
potentially impacted, a notice requirement that for some species (such as
the bald eagle) would mean nearly every citizen of the United States.        

     These two bills are the most recent of well over two dozen ESA
"reform" bills what have been filed in the 107th Congress that would
make future ESA listings prohibitively expensive, as well as subject
them to many more potential legal attacks in court by landowners for any
failure to follow complex new procedures.  Most of these bills have little
support, but the authors are trying to revive those efforts in light of the
Klamath Basin water crisis caused by the 2001 record drought.
Testimony of the federal government witnesses, including NMFS
Deputy Director, Dr. Rebecca Lent, highlighted aspects of each bill that
would greatly add to the costs and greatly delay decisions required under
the ESA, or redefining "sound science" in ways that would prohibit the
agencies from using the best available science.  For more see:
http://resourcescommittee.house.gov/107cong/fullcomm/2002mar20/age
nda.htm.  For copies of the two bills search by bill number on:
http://thomas.loc.gov.  Also see Sublegals, 5:10/06.

     5:12/12. ESA WATER RESTRICTIONS UPHELD: A federal judge
has ruled that the U.S. Forest Service (USFS) can restrict irrigation water
in order to protect salmon listed under the Endangered Species Act
(ESA), according to a 19 March report in the San Francisco Chronicle. 
The ruling dismisses a lawsuit brought by Okanagan County,
Washington and irrigators which argued that requirements to maintain a
minimum stream flow in streams on national forest lands were illegal
and "favor fish over farmers."  Earthjustice Legal Defense, which
represented fishing and environmental groups, said the case is an
"important confirmation" of the right of federal agencies to "protect
endangered species where the use of their land is involved." For more
see: http://www.earthjustice.org/news/print.html?ID=342.

     5:12/13. MAINE SALMON FARMER SETTLES SUIT OVER
FAILURE TO REPORT DISEASE; MORE CONSOLIDATION
AMONG SALMON AQUACULTURE FIRMS: On 20 March,
WorldCatch News Network reported Heritage Salmon Inc., in order to
avoid a potential guilty verdict in Maine's first criminal case against a
salmon farming company, agreed to settle their case by paying close to
$15,000 for failing to report the presence of infectious salmon anemia
(ISA) virus in its fish pens.  According to Worldcatch, "fish farmers in
Cobscook Bay, where 26 of Maine's 44 salmon farm sites are located,
were ordered by the state to regularly test their salmon for ISA and
report the results to the Maine Department of Marine Resources (DMR)
within a 24-hour period. Heritage, a division of Toronto-based George
Weston Ltd., did not report test results in October and November 2001.
Three of the test results not reported during that period came back
positive for the presence of ISA." 

     The same day as the disclosure of the Maine settlement, 20 March,
Worldcatch reported that three Norwegian companies announced a
merger Wednesday that would create one of the world's largest fish
farming groups. "Privately owned companies Fjord Seafood ASA and
Domstein ASA and the government-controlled Cermaq ASA signed a
letter of intent to merge their aquaculture divisions into a 10 billion
kroner (US$1.15 billion) a year concern..... A statement said the new
group would have about 12 percent of the world market for farmed
salmon and 40 percent of the market for fish fodder," said the
Worldcatch report.  To see the complete article, go to:
www.worldcatch.com. 

     5:12/14. FISH FLESH GROWN IN LABORATORY SANS FISH:
Cable Network News (CNN) reported 22 March that NASA (National
Aeronautic & Space Administration) scientists have developed a method
for growing chunks of fish flesh in a laboratory without the fish. The
experiment is part of a project aimed at finding ways of feeding persons
engaged in long periods of space travel. "The technique could lead to the
production of copious amounts of protein for consumption without the
messy and involved business of killing fish or livestock," said the CNN
report. The experiment involved sliced up muscle from large goldfish
placed in a vat of nutrient-rich liquid where, within a week, the fish
nuggets had become 16 percent larger. The liquid the fish chunks were
grown in consisted of fetal bovine serum, which is extracted from the
blood of  unborn calves. The liquid is a staple food for hungry cells in
lab experiments;  however, there are concerns that its use might transmit
mad cow disease to humans.  

     According to the scientist heading the program, researchers would
"like to develop an appetizing laboratory serum in which to grow pieces
of fish or chicken and beef. An extract of mushroom kept samples alive
for awhile, but the chunks did not gain any mass."  NewScientist.com,
which first reported the results on Wednesday, the 20th, said the U.S.
Food & Drug Administration (FDA) "must approve the mutant meat
before people can legally consume it."  For the CNN.com article refer to:
http://cnn.com/2002/TECH/space/03/22/fish.food/index.html

     5:12/15. SHELLFISH NEAR COLUMBIA RIVER LANDFILL
FOUND WITH HIGH LEVELS OF PCBs:  On 21 March, The
Oregonian reported that freshwater clams and crawfish collected near a
landfill at Bonneville Dam on the Columbia River had concentrations of
polychlorinated biphenyls (PCBs) of 30 to 7,500 times the federal safety
standard for human consumption.  The announcement of the findings
was made by the U.S. Army Corps of Engineers (COE), which operates
the dam, three weeks after the Oregon Department of Human Services
issued a health advisory to the public to avoid "catching or eating
Columbia River clams, crawfish or other bottom-dwelling animals from
Bonneville Dam to the mouth of Ruckel Creek, about a mile upstream."
PCBs considered probable human carcinogens "were found in freshwater
clams collected at Bradford Island, site of the closed landfill, at levels
ranging from 344 parts per billion to 604 parts per billion. Crawfish had
PCB levels from 2,670 parts per billion to 75,600 parts per
billion.....Federal guidelines call for consumption advisories to be issued
whenever PCB levels in fish tissue exceed 10 parts per billion. Oregon is
more conservative, calling for advisories when PCB levels exceed 3.3
parts per billion," according to the Oregonian article.

     The Oregonian went on to say that in 2000, COE "discovered that
electrical equipment containing PCBs had been dumped into the
Columbia River beside a landfill on Bradford Island that the Corps
operated from the 1940s to the 1980s. The Corps is preparing to clean up
the landfill. Divers contracted by the Corps finished removing the
underwater debris, including about 30 items containing PCBs, on 5
March. The state now wants further studies to see how far upriver in the
Bonneville Pool contamination extends." A copy of the report is posted
on the COE website at www.nwp.usace.army.mil/issues/bradford, under
"Publications." To see the complete Oregonian article on-line, go to:
http://www.oregonlive.com/printer/printer.ssf?/xml/story.ssf/html_stand
ard.xsl?/base/news/101671540132151247.xml.

     5:12/16. NMFS GRANTS OREGON $100,000, WASHINGTON
$900,000 TO BOOST LAGGING MARINE ENFORCEMENT:  The
National Marine Fisheries Service (NMFS) Office of Law Enforcement
on 6 March announced a $100,000 grant to the State of Oregon for a
joint enforcement agreement with the Oregon State Police, Fish &
Wildlife Division, to conduct additional patrols to enforce marine
fisheries regulations at-sea, dock-side and on land over the next year. 
The agreement will also allow Oregon enforcement officers to conduct
more than 600 additional hours of patrols to monitor compliance with
federal and state environmental laws and to purchase two additional
patrol vessels.  This will bolster Oregon's sagging law enforcement
budget resulting from massive state budget deficits.  A similar program
grant for $900,000 was also announced for the State of Washington. For
more information see the 6 March NMFS press releases available at:
www.nmfs.noaa.gov.

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>To donate go to: www.sublegals.net. Sublegals is published free 
<BR>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 3/22/02&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;&nbsp;ASSOCIATIONS
<BR>
<BR> &nbsp;VOL. 05, NO. 12 &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;22 MARCH 2002
<BR>##########################################################
<BR>"The best available politics does not equate to the best available
<BR>science."--Judge Sidney Thomas
<BR>##########################################################
<BR>IN THIS ISSUE.......
<BR>
<BR>NRC STUDY RELEASED ON FISHING GEAR 
<BR>IMPACTS ON SEAFLOOR HABITAT. 5:12/01
<BR>
<BR>USGS ISSUES REPORT ON IMPACTS OF 
<BR>PHARMACEUTICALS AND HORMONES IN WATER. 5:12/03
<BR>
<BR>NORWEGIAN STUDY FINDS WASTEWATER 
<BR>FROM OFFSHORE OIL RIGS HARMS CODFISH. &nbsp;5:12/05.
<BR>
<BR>NEW "DEAD ZONE" IN GULF OF MEXICO THREATENS
<BR>FISHERY AND MARINE SANCTUARY. 5:12/06.
<BR>
<BR>NASA GROWS MUTANT FISH FLESH 
<BR>WITHOUT THE FISH FOR SPACE TRAVEL. 5:12/14.
<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. 
<BR>##########################################################
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/01. &nbsp;SCIENCE REPORT ON FISHING IMPACTS ON OCEAN
<BR>BOTTOM HABITAT: On 18 March the National Research Council
<BR>(NRC), a division of the U.S. National Academy of Sciences (NAS),
<BR>issued its long awaited report reviewing the science questions about
<BR>assessing the impacts of fishing gear on ocean bottom habitat (see
<BR>Sublegals, 5:10/02). &nbsp;The report, titled "Effects of Trawling and
<BR>Dredging on Seafloor Habitat," has received generally favorable reviews
<BR>in the fishing industry. &nbsp;The report calls for better and more detailed
<BR>mapping of impacts, more collaboration with fishermen and better
<BR>integration of agency data across agency lines, which is often kept in
<BR>incompatible formats that make impact assessments nearly impossible. 
<BR>In particular, the NRC report noted: "Fishermen's knowledge and
<BR>experience should be used to study gear impacts and develop new gear
<BR>technologies. &nbsp;Their active engagement in research will help ensure that
<BR>mitigation strategies are practical, enforceable, and acceptable to the
<BR>fishing community." &nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;Though the report cites considerable evidence of habitat bottom
<BR>damage in some areas from some types of gear, it also noted that
<BR>assessing whether such disturbances have any lasting ecosystem impacts
<BR>depends on frequency of disturbance, type of disturbance and many other
<BR>factors, several of which have not yet been well studied. &nbsp;The report was
<BR>intended to provided the National Marine Fisheries Service (NMFS)
<BR>better guidance for future comprehensive studies of this problem,
<BR>including recommendations for developing an ocean geographic
<BR>information system (GIS) database and for habitat typing systems from
<BR>which to assess cumulative impacts and chart habitat changes. &nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;Many commercial fishing organizations around the country have been
<BR>working diligently to develop fishing gear modifications that better
<BR>protect ocean habitat, but the management agencies themselves have
<BR>been lax in making these changes part of the regulations. NMFS is
<BR>required to "minimize to the extent practicable" the impact of fishing
<BR>gear on designated "essential fish habitat" (EFH) under the 1996
<BR>amendments to the Magnuson-Stevens Fishery Conservation &amp;
<BR>Management Act (16 U.S.C. 1853(a)(7)), provisions broadly supported
<BR>at the time by the industry, but implementation has been so poor and
<BR>inconsistent (and in some regions non-existent) that NMFS and the
<BR>Regional Management Councils were all sued by a coalition of
<BR>conservation and fishing industry groups (including PCFFA) in 1999
<BR>(American Oceans Campaign, et. al. v. Daley, U.S. District Court,
<BR>District of Columbia (Civil Case No. 1:99CV00982GK). &nbsp;That case was
<BR>settled in December 2001, and the referral by NMFS of the scientific
<BR>questions on the issue to the NRC was part of its initial response to that
<BR>lawsuit. &nbsp;The prepublication copy of the report is at:
<BR>http://www.nap.edu/books/0309083400/html. &nbsp;The published version
<BR>will be out in May and can be ordered from that web site.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/02. SYMPOSIUM ON EFFECTS OF FISHING ON BENTHIC
<BR>HABITATS SET FOR NOVEMBER 2002: &nbsp;The American Fisheries
<BR>Society (AFS) is sponsoring a major national symposium on the impacts
<BR>of fishing gear on ocean habitat, now scheduled for 12-14 November in
<BR>Tampa, Florida. &nbsp;Deadline for abstracts for the symposium is 1 April,
<BR>and the proceedings of the symposium will be published. &nbsp;The
<BR>symposium is co-sponsored by the Ecological Society of America, U.S.
<BR>Geological Survey (USGS) and the National Oceanic &amp; Atmospheric
<BR>Administration (NOAA). &nbsp;For more information see:
<BR>http://walrus.wr.usgs.gov/bh2002/index.html.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/03. &nbsp;PHARMACEUTICALS AND HORMONES IN WATER
<BR>GET FIRST HARD LOOK: A new report by the U.S. Geological Survey
<BR>(USGS), released 15 March, looks for the first time at the presence of
<BR>many human and animal pharmaceuticals, hormones and common
<BR>organic chemicals in the nation's waterways. Published in the journal
<BR>Environmental Science &amp; Technology, &nbsp;"Pharmaceuticals, Hormones,
<BR>and Other Organic Wastewater Contaminants in U.S. Streams,
<BR>1999-2000: A National Reconnaissance" shows that multiple medical
<BR>drugs (including antibiotics), both natural and synthetic hormones and
<BR>many other organic wastewater-related chemicals have been detected,
<BR>though usually at very low levels, in 80 percent of streams sampled
<BR>nearly everywhere across the United States. &nbsp;Most of the chemicals
<BR>examined (81 of 95) do not have state or federal drinking water
<BR>standards. &nbsp;Chemicals commonly found in households, or used in
<BR>agriculture or industry, find their way into sewage treatment systems but
<BR>are rarely monitored, and secondary water treatment often cannot
<BR>eliminate them. &nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;The most frequently detected compounds included: coprostanol (fecal
<BR>steroid) cholesterol (plant and animal steroid) N-N-diethyltoluamide
<BR>(insect repellant) caffeine (stimulant) triclosan (antimicrobial 
<BR>disinfectant) tri-2-chloroethyl phosphate (fire retardant) 4-nonylphenol
<BR>(detergent metabolite). "Overall, steroids, non-prescription drugs and a
<BR>chemical found in insect repellants were the chemical groups most
<BR>frequently detected," according to Dana Kolpin, a USGS research
<BR>hydrologist and head of this national study. &nbsp;"Detergent metabolites,
<BR>steroids and plasticizers were generally measured at higher
<BR>concentrations than the other chemical groups, but concentrations
<BR>measured in this study generally were very low (less than 1
<BR>part-per-billion)." The impact of most of these compounds on aquatic
<BR>life is largely unknown, though a number of estrogen-like synthetic
<BR>hormones are known to disrupt the endocrine system and may cause
<BR>developmental and reproductive problems in salmonids. The full report
<BR>is available at: http://pubs.acs.org/hotartcl/est/es011055j_rev.html. 
<BR>Additional information about the issue is at:
<BR>http://toxics.usgs.gov/regional/emc.html.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12:/04. CALIFORNIA STATE WATER BOARD TO REGULATE
<BR>AGRICULTURAL PESTICIDES; BILL INTRODUCED TO DERAIL
<BR>REFORMS: &nbsp;Polluted agricultural runoff is exempt under the U.S.
<BR>Federal Clean Water Act, and in California has enjoyed an
<BR>administrative waiver from the state's Porter-Cologne Water Quality
<BR>Control Act by the State Water Resources Control Board (SWRCB) for
<BR>more than 20 years. In 1999, existing California law was amended by SB
<BR>390 to sunset that waiver by 1 January 2003 and, in response to a recent
<BR>lawsuit (see Sublegals 5:11/05), the SWRCB has pledged to remove the
<BR>waiver and re-regulate agricultural pollutants, particularly in California's
<BR>agriculture-intensive Central Valley. &nbsp;With nearly every river system in
<BR>the Central Valley laced with agricultural chemicals from runoff, these
<BR>reforms are seen as essential to protect California's remaining clean
<BR>water and salmon runs. &nbsp;This reform, however, could be derailed as a
<BR>result of a measure, AB 2226, introduced in the California Legislature, at
<BR>the urging of agribusiness interests, by Assemblyman Simon Salinas
<BR>(D-Salinas). This bill would delay the sunset date in the original SB 390
<BR>by at least four more years and extend the review period for future
<BR>waivers from the current five years to ten years. For more information on
<BR>the issue contact Bill Jennings, DeltaKeeper, at (209) 464-5090. &nbsp;You
<BR>can also track the measure by bill number at:
<BR>http://www.leginfo.ca.gov/bilinfo.html. &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;5:12/05: NORWEGIAN STUDY FINDS WASTE FROM NORTH
<BR>SEA OIL RIGS HARMING COD: The British Broadcasting
<BR>Corporation (BBC) reported 22 March that waste products from offshore
<BR>oil exploration could be seriously harming cod in the North Sea. The
<BR>report, based on recent studies by Norwegian scientists, found that in
<BR>experimental conditions chemicals dissolved in wastewater from oil
<BR>platforms stunted the growth of the fish and affected their breeding
<BR>patterns. &nbsp;The oil brought up from reserves beneath the seabed is mixed
<BR>in with a large amount of fresh water. &nbsp;That water is separated off at the
<BR>surface and pumped back into the sea, but it contains chemical
<BR>compounds that can seriously disrupt fish biological functions. Scientists
<BR>at the Norwegian Marine Research Institute in Bergen found
<BR>that when cod were exposed to this solution, their eggs became smaller
<BR>and spawning was delayed. That meant they were out of synch with the
<BR>availability of the plankton they need to grow - a sort of ecological
<BR>mismatch. On Thursday, North Sea nations had urged a cut in fish
<BR>catches to protect cod.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/06: NEW DEAD ZONE IN GULF OF MEXICO,
<BR>SANCTUARY DESIGNATION CANNOT HELP: &nbsp;WorldCatch News
<BR>Network reported on 20 March on a massive new dead zone in the Gulf
<BR>of Mexico along the Southwest Florida coast. &nbsp;There has been a dead
<BR>zone floating about in the Gulf of Mexico, approximately the size of
<BR>New Jersey, attributed to agricultural runoff from the Mississippi River
<BR>(the subject of recent hearings and a report by the Pew Oceans
<BR>Commission; to see that report, go to www.pewoceans.org). This newest
<BR>one, called "black water," is in an area of the Gulf of Mexico
<BR>traditionally known as a rich fishing ground. &nbsp;According to the
<BR>Worldcatch report, this dead zone was "first sighted in January." The
<BR>mass of black-colored water reached from 20 miles north of Marathon
<BR>Key halfway to Naples. It stretched west almost 20 miles into the Gulf of
<BR>Mexico. Fishermen don't know if it's moved in from the north or
<BR>offshore or if it originated in the coastal waters off Southwest Florida.
<BR>Though somewhat smaller now than descriptions from January, the mass
<BR>of water that is still quite large is now moving into the Florida Keys
<BR>National Marine Sanctuary. &nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;"Created by Congress in 1990, the 2,800-square-mile Sanctuary
<BR>adjacent to the Keys is the largest coral reef in the United States. It
<BR>includes the productive waters of Florida Bay, the Gulf of Mexico and
<BR>the Atlantic Ocean. Part of the ecosystem is an extensive nursery,
<BR>feeding and breeding ground that supports a variety of marine species
<BR>and a multimillion-dollar fishing industry that brings in almost 20
<BR>million pounds of seafood each year. Billy Causey, superintendent of the
<BR>Sanctuary, said recently that there is real concern in the scientific
<BR>community about the overall health of the Gulf. Causey said that
<BR>contributing to the problems afflicting the shallow body is global
<BR>warming, extended periods when the Gulf waters aren't cooling in the
<BR>winter, and the growing impact of human activity along coastlines," said
<BR>Worldcatch.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;"This most recent dead zone, coupled with that already existing in the
<BR>Gulf and smaller ones in places such as New England (attributed to a
<BR>power plant operation) and the Klamath River, highlight the fact that to
<BR>save our fisheries and oceans, we will have to tackle the hard issues of
<BR>water quality and coastal development, as well as begin seriously
<BR>curbing factors contributing to global warming," said PCFFA Executive
<BR>Director Zeke Grader. &nbsp;"There is no simple, easy solution. Sanctuary
<BR>designations and MPAs [marine protected areas] may have some limited
<BR>conservation benefits, but they are no more effective in protecting
<BR>against this kind of massive devastation than the Maginot Line was in
<BR>protecting France from the Nazi invasion." &nbsp;To see the Worldcatch
<BR>article, go to: www.worldcatch.com. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/07. &nbsp;WESTERN PACIFIC COUNCIL ADOPTS CORAL REEF
<BR>MANAGEMENT PLAN: &nbsp;The Western Pacific Fishery Management
<BR>Council (WPMFC) has submitted its Coral Reef Ecosystems Fishery
<BR>Management Plan (CREFMP) for the Department of Commerce review
<BR>under the Magnuson-Stevens Fishery Conservation &amp; Management Act
<BR>(Magnuson-Stevens Act). The CREFMP, "an ecosystem-based plan, is
<BR>intended to conserve and manage the coral reef ecosystems and
<BR>associated habitats in the U.S. exclusive economic zones (EEZ) around
<BR>American Samoa, Guam, Hawaii, Commonwealth of the Northern
<BR>Mariana Islands (CNMI), and the remote U.S. Pacific island areas
<BR>(PRIAs) in the Pacific Ocean. Its goal is to maintain sustainable coral
<BR>reef fisheries while protecting stocks, habitat, protected species, and
<BR>coral reef ecosystems from adverse impacts."
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;Comments on the CREFMP are due by 17 May 2002, and should be
<BR>sent to Dr. Charles Karnella, Administrator, Pacific Islands Area Office,
<BR>NMFS, 1161 Kapiolani Blvd, Suite 110, Honolulu, HI 96815. The
<BR>CREFMP is available at the WPFMC website: www.wpcouncil.org. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;5:12/08. LONGLINE MORATORIUM RECOMMENDED;
<BR>ADOPTION OF HIGHLY MIGRATORY PLAN DELAYED: &nbsp;The
<BR>Pacific Fishery Management Council (PFMC), at its 11-15 March
<BR>meeting in Sacramento (see Sublegals, 5:10/04), decided to recommend
<BR>an "indefinite moratorium" on longline fishing "for highly migratory
<BR>fisheries (swordfish, shark, tuna) off the entire West Coast." &nbsp;Currently,
<BR>fishing for swordfish and thresher shark along the California coast is
<BR>done with large mesh driftnets that select for the larger, more mature
<BR>fish. West coast swordfish driftnet fishermen have worked closely with
<BR>conservation organizations and agencies to operate in areas where they
<BR>can avoid entanglement with marine mammals, and are currently
<BR>working on a multi-frequency "pinger" to prevent entanglements with
<BR>any marine mammals whatsoever, as well as ways to set the nets to avoid
<BR>sea turtles. &nbsp;There have been complaints about the take of immature
<BR>swordfish by longliners, in addition to their hooking sea turtles. &nbsp;&nbsp;On the
<BR>U.S. west coast, tuna are currently taken either by purse seines
<BR>(yellowfin and skipjack) or troll lines (albacore). Some have suggested
<BR>that the highly migratory plan be broken down into three different plans,
<BR>one each for billfish, tunas, and sharks, since the stocks have different
<BR>problems and are usually not pursued in the same fishery. &nbsp;In addition to
<BR>recommending the longline moratorium, the PFMC decided to delay
<BR>adoption of the highly migratory plan. For more information, go to:
<BR>www.pcouncil.org. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/09. PACIFIC HALIBUT FISHING REGULATIONS
<BR>RELEASED BY IPHC: On 20 March, the National Marine Fisheries
<BR>Service (NMFS) published in the Federal Register (Vol. 67, No. 54, pp.
<BR>12885-12897), on behalf of the International Pacific Halibut
<BR>Commission (IPHC), the annual regulations adopted by the IPHC and
<BR>approved by the Secretary of State governing the Pacific halibut fishery.
<BR>NMFS also announced approval of modifications to the Catch Sharing
<BR>Plan (CSP) for Area 2A and implementing regulations for 2002.
<BR>According to the agency, "These actions are intended to enhance the
<BR>conservation of Pacific halibut and further the goals and objectives of the
<BR>Pacific Fishery Management Council (PFMC) and the North Pacific
<BR>Fishery Management Council (NPFMC)." &nbsp;The new regulations took
<BR>effect 18 March. For more information, go to NMFS Alaska Region
<BR>website at: http://www.fakr.noaa.gov. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/10. &nbsp;LOW FISH INTAKE LINKED TO PREMATURE
<BR>BIRTHS: &nbsp;A recent study published in the 23 February issue of the
<BR>British Medical Journal (Vol. 324, No. 7335, p. 447) links consumption
<BR>of fish to high birth weight, with women who eat little or no fish
<BR>apparently at greater risk of premature and low birth weight babies. &nbsp;The
<BR>study, "Low Consumption of Seafood in Early Pregnancy as a Risk
<BR>Factor for Preterm Delivery: Prospective Cohort Study," by Olsen and
<BR>Secher, is based on extensive health and dietary questionnaires in
<BR>Denmark. &nbsp;The probable cause is that the long chain fatty acids common
<BR>in seafood provide substantial health benefits to developing fetuses. &nbsp;For
<BR>more information, see the journal issue archives at: http://bmj.com.
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;5:12/11. LATEST OF ESA "REFORM" BILL HEARINGS HELD: 
<BR>U.S. House of Representatives' Resources Committee Chairman,
<BR>Congressman James Hansen (R-UT), a strident opponent of the
<BR>Endangered Species Act (ESA), held a full Committee hearing on 20
<BR>March in Washington DC on two bills to "reform" the Endangered
<BR>Species Act (ESA). The bills would substantially limit the type of
<BR>scientific information that could be used for ESA listing decisions. &nbsp;H.R.
<BR>2829, the "Sound Science for Endangered Species Act Planning Act of
<BR>2001," sponsored by Representative Greg Walden (R-OR), would give
<BR>greater weight to data collected by landowners and would establish a
<BR>mandatory requirement of an independent peer review at all
<BR>decision-making points in all ESA cases. &nbsp;H.R. 3705, by Representative
<BR>Richard Pombo (R-CA), which he called the "Sound Science Saves
<BR>Species Act of 2002," would make the species listing petitioning process
<BR>far more cumbersome and difficult, establish several new peer review
<BR>prerequisites to any finding of "jeopardy" by an agency in future ESA
<BR>consultations, and require notification of every landowner who might be
<BR>potentially impacted, a notice requirement that for some species (such as
<BR>the bald eagle) would mean nearly every citizen of the United States. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;These two bills are the most recent of well over two dozen ESA
<BR>"reform" bills what have been filed in the 107th Congress that would
<BR>make future ESA listings prohibitively expensive, as well as subject
<BR>them to many more potential legal attacks in court by landowners for any
<BR>failure to follow complex new procedures. &nbsp;Most of these bills have little
<BR>support, but the authors are trying to revive those efforts in light of the
<BR>Klamath Basin water crisis caused by the 2001 record drought.
<BR>Testimony of the federal government witnesses, including NMFS
<BR>Deputy Director, Dr. Rebecca Lent, highlighted aspects of each bill that
<BR>would greatly add to the costs and greatly delay decisions required under
<BR>the ESA, or redefining "sound science" in ways that would prohibit the
<BR>agencies from using the best available science. &nbsp;For more see:
<BR>http://resourcescommittee.house.gov/107cong/fullcomm/2002mar20/age
<BR>nda.htm. &nbsp;For copies of the two bills search by bill number on:
<BR>http://thomas.loc.gov. &nbsp;Also see Sublegals, 5:10/06.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/12. ESA WATER RESTRICTIONS UPHELD: A federal judge
<BR>has ruled that the U.S. Forest Service (USFS) can restrict irrigation water
<BR>in order to protect salmon listed under the Endangered Species Act
<BR>(ESA), according to a 19 March report in the San Francisco Chronicle. 
<BR>The ruling dismisses a lawsuit brought by Okanagan County,
<BR>Washington and irrigators which argued that requirements to maintain a
<BR>minimum stream flow in streams on national forest lands were illegal
<BR>and "favor fish over farmers." &nbsp;Earthjustice Legal Defense, which
<BR>represented fishing and environmental groups, said the case is an
<BR>"important confirmation" of the right of federal agencies to "protect
<BR>endangered species where the use of their land is involved." For more
<BR>see: http://www.earthjustice.org/news/print.html?ID=342.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/13. MAINE SALMON FARMER SETTLES SUIT OVER
<BR>FAILURE TO REPORT DISEASE; MORE CONSOLIDATION
<BR>AMONG SALMON AQUACULTURE FIRMS: On 20 March,
<BR>WorldCatch News Network reported Heritage Salmon Inc., in order to
<BR>avoid a potential guilty verdict in Maine's first criminal case against a
<BR>salmon farming company, agreed to settle their case by paying close to
<BR>$15,000 for failing to report the presence of infectious salmon anemia
<BR>(ISA) virus in its fish pens. &nbsp;According to Worldcatch, "fish farmers in
<BR>Cobscook Bay, where 26 of Maine's 44 salmon farm sites are located,
<BR>were ordered by the state to regularly test their salmon for ISA and
<BR>report the results to the Maine Department of Marine Resources (DMR)
<BR>within a 24-hour period. Heritage, a division of Toronto-based George
<BR>Weston Ltd., did not report test results in October and November 2001.
<BR>Three of the test results not reported during that period came back
<BR>positive for the presence of ISA." 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;The same day as the disclosure of the Maine settlement, 20 March,
<BR>Worldcatch reported that three Norwegian companies announced a
<BR>merger Wednesday that would create one of the world's largest fish
<BR>farming groups. "Privately owned companies Fjord Seafood ASA and
<BR>Domstein ASA and the government-controlled Cermaq ASA signed a
<BR>letter of intent to merge their aquaculture divisions into a 10 billion
<BR>kroner (US$1.15 billion) a year concern..... A statement said the new
<BR>group would have about 12 percent of the world market for farmed
<BR>salmon and 40 percent of the market for fish fodder," said the
<BR>Worldcatch report. &nbsp;To see the complete article, go to:
<BR>www.worldcatch.com. 
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/14. FISH FLESH GROWN IN LABORATORY SANS FISH:
<BR>Cable Network News (CNN) reported 22 March that NASA (National
<BR>Aeronautic &amp; Space Administration) scientists have developed a method
<BR>for growing chunks of fish flesh in a laboratory without the fish. The
<BR>experiment is part of a project aimed at finding ways of feeding persons
<BR>engaged in long periods of space travel. "The technique could lead to the
<BR>production of copious amounts of protein for consumption without the
<BR>messy and involved business of killing fish or livestock," said the CNN
<BR>report. The experiment involved sliced up muscle from large goldfish
<BR>placed in a vat of nutrient-rich liquid where, within a week, the fish
<BR>nuggets had become 16 percent larger. The liquid the fish chunks were
<BR>grown in consisted of fetal bovine serum, which is extracted from the
<BR>blood of &nbsp;unborn calves. The liquid is a staple food for hungry cells in
<BR>lab experiments; &nbsp;however, there are concerns that its use might transmit
<BR>mad cow disease to humans. &nbsp;
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;According to the scientist heading the program, researchers would
<BR>"like to develop an appetizing laboratory serum in which to grow pieces
<BR>of fish or chicken and beef. An extract of mushroom kept samples alive
<BR>for awhile, but the chunks did not gain any mass." &nbsp;NewScientist.com,
<BR>which first reported the results on Wednesday, the 20th, said the U.S.
<BR>Food &amp; Drug Administration (FDA) "must approve the mutant meat
<BR>before people can legally consume it." &nbsp;For the CNN.com article refer to:
<BR>http://cnn.com/2002/TECH/space/03/22/fish.food/index.html
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/15. SHELLFISH NEAR COLUMBIA RIVER LANDFILL
<BR>FOUND WITH HIGH LEVELS OF PCBs: &nbsp;On 21 March, The
<BR>Oregonian reported that freshwater clams and crawfish collected near a
<BR>landfill at Bonneville Dam on the Columbia River had concentrations of
<BR>polychlorinated biphenyls (PCBs) of 30 to 7,500 times the federal safety
<BR>standard for human consumption. &nbsp;The announcement of the findings
<BR>was made by the U.S. Army Corps of Engineers (COE), which operates
<BR>the dam, three weeks after the Oregon Department of Human Services
<BR>issued a health advisory to the public to avoid "catching or eating
<BR>Columbia River clams, crawfish or other bottom-dwelling animals from
<BR>Bonneville Dam to the mouth of Ruckel Creek, about a mile upstream."
<BR>PCBs considered probable human carcinogens "were found in freshwater
<BR>clams collected at Bradford Island, site of the closed landfill, at levels
<BR>ranging from 344 parts per billion to 604 parts per billion. Crawfish had
<BR>PCB levels from 2,670 parts per billion to 75,600 parts per
<BR>billion.....Federal guidelines call for consumption advisories to be issued
<BR>whenever PCB levels in fish tissue exceed 10 parts per billion. Oregon is
<BR>more conservative, calling for advisories when PCB levels exceed 3.3
<BR>parts per billion," according to the Oregonian article.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;The Oregonian went on to say that in 2000, COE "discovered that
<BR>electrical equipment containing PCBs had been dumped into the
<BR>Columbia River beside a landfill on Bradford Island that the Corps
<BR>operated from the 1940s to the 1980s. The Corps is preparing to clean up
<BR>the landfill. Divers contracted by the Corps finished removing the
<BR>underwater debris, including about 30 items containing PCBs, on 5
<BR>March. The state now wants further studies to see how far upriver in the
<BR>Bonneville Pool contamination extends." A copy of the report is posted
<BR>on the COE website at www.nwp.usace.army.mil/issues/bradford, under
<BR>"Publications." To see the complete Oregonian article on-line, go to:
<BR>http://www.oregonlive.com/printer/printer.ssf?/xml/story.ssf/html_stand
<BR>ard.xsl?/base/news/101671540132151247.xml.
<BR>
<BR> &nbsp;&nbsp;&nbsp;&nbsp;5:12/16. NMFS GRANTS OREGON $100,000, WASHINGTON
<BR>$900,000 TO BOOST LAGGING MARINE ENFORCEMENT: &nbsp;The
<BR>National Marine Fisheries Service (NMFS) Office of Law Enforcement
<BR>on 6 March announced a $100,000 grant to the State of Oregon for a
<BR>joint enforcement agreement with the Oregon State Police, Fish &amp;
<BR>Wildlife Division, to conduct additional patrols to enforce marine
<BR>fisheries regulations at-sea, dock-side and on land over the next year. 
<BR>The agreement will also allow Oregon enforcement officers to conduct
<BR>more than 600 additional hours of patrols to monitor compliance with
<BR>federal and state environmental laws and to purchase two additional
<BR>patrol vessels. &nbsp;This will bolster Oregon's sagging law enforcement
<BR>budget resulting from massive state budget deficits. &nbsp;A similar program
<BR>grant for $900,000 was also announced for the State of Washington. For
<BR>more information see the 6 March NMFS press releases available at:
<BR>www.nmfs.noaa.gov.
<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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