[Fishlink] ~~>FISHLINK SUBLEGALS 4/5/02<~~

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                    ~~>FISHLINK SUBLEGALS 4/5/02<~~
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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. 14                                                 5 APRIL 
2002
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This week's issue of Sublegals is available in PDF format on the web at 
www.sublegals.net. We have also pasted the text below for those 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 
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"The Klamath is suffering from the over allocation of water, the loss of
the wetlands, and the degradation of the watershed. There is not enough
water. What is happening to the river hurts everyone -- fishermen, the
four impacted tribes, coastal communities, the farmers AND all the fish
and wildlife resources that depend on the water."........ Assemblywoman
Virginia Strom-Martin
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IN THIS ISSUE.......

Klamath Named Third Most Endangered U.S. River; CDFG 
Calls Flow Regime Inadequate.  5:14/01, 5:14/02

Columbia Salmon Survival May Depend On Power 
Rates, Not Water. 5:14/05

Language In Congressional Hydropower Legislation 
Problematic For Fish Protection. 5:14/06

Massive Farm Fish Escape In U.K.; Scathing Report On 
Chilean Salmon Farming Industry.  5:14/08

NMFS Sued Over 2002 Pacific Groundfish Plan For Failure 
To Protect Overfished Stocks. 5:14/09.

AND MORE......
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5:14/01: KLAMATH NAMED THE NATION'S THIRD MOST
ENDANGERED RIVER: On 2 April, American Rivers held press
conferences around the U.S. to announce this year's selection of the
nation's 11 most endangered rivers. Near the top of the list, rated as the
third most endangered, was the Klamath River flowing through Oregon
and California.  The Klamath historically was the third largest salmon
producing river system along the U.S. west coast (following the
Columbia-Snake, and Sacramento-San Joaquin systems), and home to
four Native American tribes that have relied on the fish in the river and
Klamath Lake for 10,000 years. During the past two decades the status
of Klamath chinook stocks has been the basis for managing the ocean
salmon fisheries from Point Arena north to Coos Bay.  Last year a bitter
dispute arose in the basin, during the worst drought in 75 years, when
irrigation water from a federal project was reduced to save endangered
suckers in Klamath Lake and coho salmon in the river (see Sublegals,
4:05/01; 4:04/11; 4:03/05; 4:02/01; 4:01/01; 3:26/05; 3:25/05; 3:24/01;
3:20/01; 3:15/07; 3:14/01; 3:13/02). American Rivers named the
Klamath to its most endangered rivers' list after the recent decision by
the U.S. Bureau of Reclamation (BOR) to radically reduce downstream
flows to provide more irrigation water to Klamath Basin's farmers (see
Sublegals, 5:13/02; 5:09/06; 5:06/01; 5:05/12; 5:04/05).

American Rivers' representatives were joined by State Senator Wes
Chesbro (D-Arcata) and Assemblywoman Virginia Strom-Martin
(D-Duncan Mills), at a Sacramento press conference, along with Susan
Masten of the Yurok Tribe and PCFFA's Zeke Grader, together with
Defenders of Wildlife, the Sierra Club and Friends of the River, calling
for federal action to protect the river and its fish, not destroy them. 
Much of the focus was on the Farm Bill, currently in conference, where
the legislators and groups called for adoption of Senator Ron Wyden's
language in the Senate version (see Sublegals, 5:07/05) for long-term
solutions to the Klamath water shortage.  At a concurrent press
conference in Eureka, Congressman Mike Thompson (D-CA), PCFFA
Vice-President Dave Bitts, Yurok tribal leader Troy Fletcher and the
Northcoast Environmental Center's Tim McKay decried the sorry shape
of the Klamath and the devastating impact the harm to that river has
visited on the resources and economy of the region. For more, see the
San Francisco Chronicle 2 April article by Glen Martin at:
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/
2002/04/02/MN202015.DTL.

At the top of American Rivers' list was the Missouri River, named
because of the dams and reservoirs along its entire length.  Second on
the list was the Big Sunflower River in Mississippi due to dredging
plans proposed by the U.S. Army Corps of Engineers for the center of
that river that would also destroy adjoining wetlands. Other rivers on the
list included the: (4) Kansas River (Kansas); (5) White River
(Arkansas); (6) Powder River (Wyoming, Montana); (7) Altamaha
(Georgia); (8) Allagash (Maine); (9) Canning (Alaska); (10) Guadalupe
(Texas); and (11) the Apalachicola (Florida).  Naming the Klamath to its
2002 list, American Rivers said, "In the drought prone headwaters of the
Klamath River, the Bureau of Reclamation is contesting its
environmental responsibilities and attempting to maximize agricultural
deliveries even though the diversions and polluted runoff are causing the
river's ecosystem to collapse.  Salmon populations have dropped to less
than 8% of their historic averages, and unless Congress acts to reduce
irrigation and restore wetlands, the fisheries will continue to dwindle -
threatening the livelihoods of commercial fishermen and local
communities, as well as the treaty rights of several Indian tribes." For
more information, go
to:www.americanrivers.org/mostendangered/klamath2002.htm. 

5:14/02 CDFG BLASTS BUREAU'S KLAMATH FLOWS:  The
California Department of Fish & Game (CDFG) has joined PCFFA, the
Yurok tribe and other fishing and conservation organizations blasting
the U.S. Bureau of Reclamation's interim flow regimes for the lower
Klamath River, initiated at a ceremony on 29 March (see Sublegals,
5:13/02).  Under pressure from the federal administration, the National
Marine Fisheries Service (NMFS) did a 180 degree flip-flop from its
science-based Biological Opinion (BiOp) of 2001 and, in a 28 March
"Concurrence Letter," agreed to allow BOR to operate from 16 April
through all of May at in-river flow levels nearly 700 cubic feet per
second (cfs) less than the minimum operating flows of 1700 cfs required
during the 2001 near-record drought.  CDFG is objecting to flows being
allowed to go this low during critical coho salmon rearing periods in the
Klamath. The state fishery agency has indicated that flows this low will
likely seriously damage Klamath coho runs, which are listed as
"threatened" under the federal Endangered Species Act (ESA).

"This has been a really frustrating turnaround," CDFG Klamath
Coordinator Michael Rode told the Los Angeles Times.   "Those flows
are just far too low .... tiny coho salmon downstream in the Klamath
River and its tributaries need flows high enough to allow them to seek
shelter in shallow, shaded areas along streams. If the river is high
enough, the newly hatched salmon--called fry--are protected by
over-hanging willows and can feed on insects. One-year-old fish also
need sufficient water flows in the spring to carry them toward the ocean.
The Klamath River needs at least 2,400 cubic feet of water per second
during spring months to provide adequate habitat for young salmon."  
The Times article went on to say Rode "questioned how the federal
officials could conclude, as they have, that salmon would not be harmed
by flows of at least 1,742 cubic feet per second in early April, dropping
to 1,043 cubic feet in late May--the levels laid out in federal irrigation
plans for the next two months."  To see the full 29 March Los Angeles
Times article, "Klamath Plan Will Hurt Fish, State Official Says," go to:
http://www.latimes.com/news/local/state/la-000022554mar29.story?coll
=la%2Dnews%2Dstate. 

In the Congress, meanwhile, California Representative Mike
Thompson (D-1st) has weighed in opposing an amendment by
Representative Greg Walden (R-OR) that would unravel language in the
Senate version of the Farm Bill, authored by Senator Ron Wyden
(D-OR), to provide a long-term solution for the Klamath Basin water
crisis. The Wyden language is supported by fishing groups,
conservationists and tribes.  Thompson has also written U.S. President
George W. Bush requesting the Administration's Klamath Basin Task
Force be more inclusive. "Although I agree in concept with this task
force, I believe it needs to become more balanced," wrote Thompson in
a 19 March letter.  "Please consider in your task force representatives of
the Native American tribes and individuals from the commercial and
recreational fishing industry. These stakeholders are as heavily reliant
on water along the Klamath Basin as the upper Basin's farm and
agricultural users." For more information, e-mail:
m.thompson@mail.house.gov. 

5:14/03. FISHNET 4C CONFERENCE SALMON CONFERENCE.
FishNet 4C is hosting a two-day conference 16-17 May in the San
Francisco Presidio, "Local Government Strategies for Protecting and
Restoring Aquatic Habitat, Water Resources and Salmon Fisheries."        

The conference will focus on issues pertinent to watershed protection
and salmon recovery on the California Coast and San Francisco Bay
region.  Participants will include County and City elected officials;
managers and staff from planning, public works, open space, parks,
special districts and water agencies; federal, state and local resource
agencies; fishermen, and; watershed groups.  FishNet 4C is the fishery
network of the Central California Coastal Counties of Mendocino,
Sonoma, Marin, San Mateo, Santa Cruz and Monterey. The conference
agenda, registration, and directions to the event are posted on FishNet
4C's new website: http://fishnet.marin.org/  (do not enter www prefix). 

5:14/04.  57 U.S. RIVERS AT RECORD LOWS, SAYS USGS:  In an
article in the 28 March issue of USA Today, it was noted that U.S.
Geological Survey (USGS) data showed that 57 major U.S. rivers
reached record lows for the month of March, and that 40 of them
showed record low levels between December and February as well. 
Federal scientists blame the decline on continuing drought, saying that
"severe or extreme drought" has spread over 21 percent of the country. 
This past fall was the driest on record for Arizona, Connecticut,
Delaware, Massachusetts, New Jersey, South Carolina and Virginia, and
western snowpacks in many areas are still at unusually low levels as
well.  For more see:
http://www.usatoday.com/usatonline/20020328/3977377s.htm.  Global
fresh water shortages have also become a serious problem (see
Sublegals 5:13/01; 5:09/5).

5:14/05.  COLUMBIA SALMON SURVIVAL MAY DEPEND ON
POWER RATES, NOT WATER:  The 20 March Columbian, reported
that the Bonneville Power Administration (BPA), the agency that
controls the Columbia River mainstem hydropower dams, is still not
ruling out declaring yet another "power emergency" exemption this year,
despite the fact that water flows are back near normal after last year's
drought, if fluctuating power market rates again affect it financially. If
power rates surge, BPA must either raise its rates (which it is loath to
do) or cut back on the "spill" of water through the federal power dams'
spillways that is required to flush juvenile salmon to the sea. Though
these spills are legally (as well as biologically) required under the
current salmon recovery plan, BPA used that exemption loophole
several times in 2001, which it can declare unilaterally at its sole
discretion and for which there are no standards.

Using this exemption, in 2001 BPA cut the juvenile salmon "spill"
program almost entirely, in the process sacrificing juvenile salmon runs
that enormous amounts of ratepayer and taxpayer money have already
been spent to save.  As a result, year 2001 juvenile salmon survival rates
were at their lowest since salmon were first listed in the Columbia under
the federal Endangered Species Act (ESA) (see Sublegals 4:23/12),
numbers which will likely be devastating for future returns. "We cannot
take advantage of the outbound migration of salmon and steelhead two
years in a row and expect any kind of perpetuation of the runs," said
Larry Cassidy, Chairman of the Northwest Power Planning Council,
which oversees Columbia River salmon recovery. "One year was bad
enough."  However, according to BPA spokesman Ed Mosey, "We don't
want to see a diminishment of the spill program, and right now we don't
see that happening. [But] anything can happen. In this market, we can't
foresee what will happen. You never say never."  For more, see:
http://www.columbian.com/03202002/clark_co/266169.html.

The BPA is also currently asking Congress to increase its borrowing
authority by an additional $2 billion (from its current $3.8 billion) so it
can invest in new power transmission lines and infrastructure.  Salmon
advocate groups, however, including PCFFA, have written to the
Northwest Congressional Delegation and to Administration officials
asking that any increase in borrowing authority be specifically linked to
measures that will make future "power emergency" exemptions far less
likely and prevent such salmon sacrifices as occurred last year.  The 5
April coalition letter is available from Save Our Wild Salmon's
Washington DC office, Matt Niemerski, at (202) 969-1465.  For more
information from Save Our Wild Salmon on the problems and failures
of the Administration's current Columbia River salmon recovery plan
see: http://www.wildsalmon.org. 

5:14/06. LANGUAGE IN PROPOSED CONGRESSIONAL BILLS
ON HYDROPOWER AND ENERGY PROVE PROBLEMATIC FOR
FISH CONSERVATION: In the energy bills now pending before the
U.S. Senate (or already passed by the House) and in likely amendments,
little-noticed hydropower provisions and potential public lands
amendments could have enormous impacts on fish (particularly
salmon), wildlife and river health. Language of concern includes the
following:

* Section 6403 of H.R. 4 (the House-passed energy bill) repeals use of
modern hydropower impact mitigation measures at the Interior
Department's federal hydropower projects in the west, harming
anadromous fish stocks, as well as coastal communities that depend on
the fish.

* Non-federal hydropower is subject to a once-every-30-to-50 years
relicensing process that affords an opportunity to bring projects up to
modern standards, dramatically improving fisheries, fish habitat and
water quality.  The hydropower industry seeks to weaken Title III,
especially Section 301, 304 and 306 of S. 517 (currently before the
Senate) that provide fish protections in this process. 

* Section 338 of S. 388 would drop standards on Federal lands to state
standards. This amendment could classify stipulations to protect wildlife
and fish resources as "unwarranted restrictions" to oil and gas
development, generally requiring public land standards to be no more
strict than those applied by the states.  Under current policy, the federal
Bureau of Land Management (BLM) and the U.S. Forest Service can
include measures to minimize or mitigate the effects of oil and gas
development.

* Section 333 of S. 388, allowing state control of energy development
on federal lands, would effectively divest control of public lands from
public ownership by allowing state oil and gas commissions to control
development, including approving permits to drill, determine well
spacing, and assume control for enforcement.  Water quality and fish
and wildlife protections that are presently factored into federal leasing
decisions could be eliminated.  

* Section 6223 of H.R. 4 would allow the Secretary of Interior to block
decisions to place important fish habitat off limits to oil and gas
development.  If passed, this provision could summarily overturn
previous agreements with the oil and gas industry to protect sensitive
fish and wildlife habitat.

For more information on the language in the hydro and energy bills
and their fishery impacts, contact Steve Malloch at Trout Unlimited at:
smalloch@tu.org.

5:14/07. RIPARIAN AREAS SEVERELY DAMAGED,
PROTECTION SHOULD BE NATIONAL PRIORITY, SAYS NAS
REPORT:  According to a 27 March report issued by the National
Academy of Sciences (NAS), restoration and protection of the nation's
riparian areas should become a national priority, and current laws such
as the Clean Water Act cannot adequately protect these ecologically
vital areas.  Particularly in the arid west, the report says, riparian areas
harbor the vast majority of wildlife species and support water supplies
that are under increasing pressure as populations increase, but have been
seriously degraded or dewatered to the point where many of these
functions have been lost.  "Ideally, Congress should enact legislation
that recognizes the myriad values of riparian areas and directs federal
land management and regulatory agencies to give priority to protecting
these values," the report concludes.  Riparian areas cover 38 million to
121 million acres in the United States, or only about 5 percent of its land
area, but provide most of the nation's fresh water supply.  Today, most
riparian areas have been seriously degraded even on federal lands, with
commercial agriculture the most detrimental factor in the decline of
riparian areas over the last century, according to the NAS report.
However, there is hope that protection can make a difference.  In one
example, PCFFA is engaged in a joint venture with the Natural
Resources Defense Council (NRDC), Friant Water Users Association
and The Bay Institute on the San Joaquin River, in a 150 mile area
above the confluence with the Merced River, to recover a river stretch
that was dewatered over 50 years ago.  The NAS report, titled "Riparian
Areas: Functions and Strategies for Management" is available online at:
http://www.nap.edu/catalog/10327.html.

5:14/08. MASSIVE ESCAPE OF FARMED FISH IN UK;
SCATHING REPORT ON CHILEAN SALMON FARMS: WorldCatch
News Network reported on 2 April that more than 100,000 farmed
salmon escaped from netpens on the Island of Orkney (U.K.) the
previous weekend, and an estimated 900,000 farmed Atlantics have
escaped from Washington State and British Columbia salmon farms.

To date, these invasive Atlantics have been found in more than a
dozen Washington State streams, 75 British Columbia rivers, and in
some Alaska rivers, all supporting native Pacific salmon stocks.  The
news report comes as the California Legislature prepares to debate a
prohibition on the introduction of any genetically modified fish (for use
in aquaculture operations) into state waters (S. 1525).  Where salmon
farms have been established, the farmed fish have inevitably escaped
into the wild.  

The day prior to the WorldCatch report on farmed salmon escapes, the
San Francisco Chronicle ran an extensive article by foreign
correspondent Jimmy Langman, titled  "Atlantic Salmon a fishy
tale/Chilean industry criticized for pollution, sneaky labeling."  Chile is
now the chief supplier of farmed salmon to the U.S. market and, at
current growth rates, is expected to be the world's largest producer of
farmed salmon by 2010. Among the problems identified with that
southern hemisphere's nation raising northern hemisphere-origin
Atlantic salmon in Pacific waters were:

* The slaughter of marine mammals by salmon farmers to prevent the
animals (e.g., sea lions) from interfering with their net pen operations.

* The pollution from the salmon net pens. A report by the Terram
Foundation, based in Santiago, found "75 percent of fish feed used at
Chilean salmon farms and tons of feces wind up in the waters below
offshore pens, depleting oxygen necessary for the survival of
surrounding marine life."

* That disease caused by "voluminous waste and overcrowding -- in
early stages, 80,000 young
salmon are typically packed into pens of 98 feet by 98 feet -- also breeds
such sicknesses as Rickettsia (spotted fever) in the salmon."

* The extensive use of antibiotics by Chilean fish farms, using "75 times
more antibiotics to treat diseased fish than their competitors in Norway."

* The government failure to enforce environmental and health laws that
give the Chilean salmon farmers an unfair advantage over their
competitors in other nations.

* The cheap labor rates paid by Chilean salmon farmers to their
workers. Additionally, salmon farmers enjoy state subsidies for labor,
since the Chilean government mandates in the rural areas where the
farms are located that states pay 17 percent of a worker's salary.

According to the Chronicle article, the "most vocal opponents of
industry expansion are Chilean environmentalists, who have asked
President Ricardo Lagos' government to issue a moratorium on new
salmon farming concessions -- there are currently 4,000 new requests --
until ecological and health impacts are studied further...."  Fishermen in
Chile have also been highly critical of the salmon farms that have
displaced traditional fishing areas and polluted old fishing grounds. To
see the WorldCatch report, go to: www.worldcatch.com. To see the 1
April San Francisco Chronicle article by Jimmy Langman, go to:
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/
04/01/MN185582.DTL. 

5:14/09. SUIT FILED CHALLENGING 2002 PACIFIC
GROUNDFISH MANAGEMENT MEASURES: On 5 April, the Natural
Resources Defense Council (NRDC) on behalf of itself and Oceana,
filed suit in U.S. District Court in San Francisco challenging the
National Marine Fisheries Services' (NMFS) approval of the Pacific
Fishery Management Council's 2002 fishery specifications and
management measures for the Pacific Coast groundfish fishery, NRDC
v. NMFS (C-02-1650, U.S.D.C for the Northern District of California).  
Plaintiffs allege that the management plan approved set fishing harvests
levels that fail to protect five of eight species of overfished groundfish. 
According to the complaint, NMFS "has determined that darkblotched
rockfish is currently at only 12 percent of its unfished biomass. This
figure means that the darkblotched population has decreased by 88
percent.  NMFS further has determined that bocaccio rockfish is at only
2 percent of its unfished biomass; that canary rockfish is at only 8
percent of its unfished biomass in the southern areas and at only 22
percent in the north; that cowcod is a less than 10 percent of its unfished
biomass; and that widow rockfish is at only 24 percent of its unfished
biomass."  Plaintiffs are asking the court to remand the specifications to
NMFS "with instructions to revised the specifications to comply fully
with federal law."  For more information on the suit, contact NRDC's
Drew Caputo at: dcaputo@nrdc.org. 

5:14/10.  "EMPTY OCEANS, EMPTY NETS" TO AIR 22 APRIL: 
A nationwide presentation of the film "Empty Oceans, Empty Nets" will
air on Public Broadcasting System (PBS) television stations all over the
U.S. on Earth Day (22 April). Fishermen and experts on ocean
ecosystems were interviewed for the film, talking about the declining
populations of harvestable species in our fragile oceans, and how that
impacts local fishing-dependent communities and the global food
supply. Declining fish populations caused by widespread ocean
pollution, global climate changes and unsustainable or destructive ocean
fishing practices still allowed in many countries are now of major global
concern. Many fishermen's organizations and indigenous
fishing-dependent communities are fighting to make the necessary
transition to more sustainable practices from the current
over-industrialized practices controlled by big multi-national
corporations, but no worldwide system of regulation or control currently
exists.   For more information on the film, go to:
http://www.kqed.org/pressroom/tv/emptyoceans.html.

5:14/11. 21,572 TONS OF HIGH-LEVEL NUCLEAR WASTES TO
BE SHIPPED THROUGH PORTS:  As part of a plan to house the
nation's huge backlog of nuclear wastes in Nevada, the Reno
Gazette-Journal reported on 23 March that at least 21,572 tons of
high-level nuclear wastes (about 19 percent of the total in the U.S.)
which is destined for the newly designated Yucca Mountain Nuclear
Waste Facility in Nevada would be shipped though commercial seaports
on both coasts. U.S. President George W. Bush endorsed and forwarded
to Congress U.S. Energy Secretary Spencer Abraham's designation of
the Yucca Mountain site on 15 February, although Congress has yet to
ratify this designation.  

Seventeen of the nation's commercial nuclear power plants are
located far from railways, and their nuclear wastes can only be shipped
through seaports to be placed on rail lines from that point to the Nevada
site.  Critics say the nation's seaports are the last place these wastes
should be transported, given the vulnerability of these seaports to
terrorism and their proximity to major fishing grounds.  On the U.S.
west coast, for instance, high-level nuclear wastes from Diablo Canyon
Nuclear Power Plant would be shipped through Port Hueneme near
Oxnard, California, a fishing port on the Ventura County coast.  Other
ports slated for major nuclear shipments include Boston,
(Massachusetts) New Haven, (Connecticut), Newark (New Jersey),
Baltimore (Maryland), Norfolk (Virginia) and Fort Lauterdale (Florida)
as well as many others.  The U.S. also purchases radioactive wastes
from other countries as part of non-proliferation treaties, and these
wastes too must be shipped through commercial seaports, adding to
potential risks to the U.S. fishing industry and ocean contamination.  
For more see:
http://www.rgj.com/news/stories/html/2002/03/23/10518.php.  For
details about the Yucca Mountain Project, including the Environment
Impact Statement (EIS), see: http://www.ymp.gov.

5:14/12. ECOSYSTEM MANAGEMENT CONFERENCE SET FOR
27 APRIL:  The Sustainable Fisheries Foundation is sponsoring a
conference titled "Toward Ecosystem-Based Management: Breaking
Down the Barriers in the Columbia Basin and Beyond," scheduled for 27
April -- 1 May in Spokane, Washington.  For more information on the
conference and to register see "2002 Conference" under:
http://www.sff.bc.ca.

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 
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<BR> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;~~&gt;FISHLINK SUBLEGALS 4/5/02&lt;~~
<BR>##########################################################
<BR> &nbsp;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> &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;ASSOCIATIONS
<BR>
<BR> &nbsp;&nbsp;VOL. 05, NO. 14 &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;5 APRIL 2002
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<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>"The Klamath is suffering from the over allocation of water, the loss of
<BR>the wetlands, and the degradation of the watershed. There is not enough
<BR>water. What is happening to the river hurts everyone -- fishermen, the
<BR>four impacted tribes, coastal communities, the farmers AND all the fish
<BR>and wildlife resources that depend on the water."........ Assemblywoman
<BR>Virginia Strom-Martin
<BR>##########################################################
<BR>IN THIS ISSUE.......
<BR>
<BR>Klamath Named Third Most Endangered U.S. River; CDFG 
<BR>Calls Flow Regime Inadequate. &nbsp;5:14/01, 5:14/02
<BR>
<BR>Columbia Salmon Survival May Depend On Power 
<BR>Rates, Not Water. 5:14/05
<BR>
<BR>Language In Congressional Hydropower Legislation 
<BR>Problematic For Fish Protection. 5:14/06
<BR>
<BR>Massive Farm Fish Escape In U.K.; Scathing Report On 
<BR>Chilean Salmon Farming Industry. &nbsp;5:14/08
<BR>
<BR>NMFS Sued Over 2002 Pacific Groundfish Plan For Failure 
<BR>To Protect Overfished Stocks. 5:14/09.
<BR>
<BR>AND MORE......
<BR>########################################################## 
<BR>5:14/01: KLAMATH NAMED THE NATION'S THIRD MOST
<BR>ENDANGERED RIVER: On 2 April, American Rivers held press
<BR>conferences around the U.S. to announce this year's selection of the
<BR>nation's 11 most endangered rivers. Near the top of the list, rated as the
<BR>third most endangered, was the Klamath River flowing through Oregon
<BR>and California. &nbsp;The Klamath historically was the third largest salmon
<BR>producing river system along the U.S. west coast (following the
<BR>Columbia-Snake, and Sacramento-San Joaquin systems), and home to
<BR>four Native American tribes that have relied on the fish in the river and
<BR>Klamath Lake for 10,000 years. During the past two decades the status
<BR>of Klamath chinook stocks has been the basis for managing the ocean
<BR>salmon fisheries from Point Arena north to Coos Bay. &nbsp;Last year a bitter
<BR>dispute arose in the basin, during the worst drought in 75 years, when
<BR>irrigation water from a federal project was reduced to save endangered
<BR>suckers in Klamath Lake and coho salmon in the river (see Sublegals,
<BR>4:05/01; 4:04/11; 4:03/05; 4:02/01; 4:01/01; 3:26/05; 3:25/05; 3:24/01;
<BR>3:20/01; 3:15/07; 3:14/01; 3:13/02). American Rivers named the
<BR>Klamath to its most endangered rivers' list after the recent decision by
<BR>the U.S. Bureau of Reclamation (BOR) to radically reduce downstream
<BR>flows to provide more irrigation water to Klamath Basin's farmers (see
<BR>Sublegals, 5:13/02; 5:09/06; 5:06/01; 5:05/12; 5:04/05).
<BR>
<BR>American Rivers' representatives were joined by State Senator Wes
<BR>Chesbro (D-Arcata) and Assemblywoman Virginia Strom-Martin
<BR>(D-Duncan Mills), at a Sacramento press conference, along with Susan
<BR>Masten of the Yurok Tribe and PCFFA's Zeke Grader, together with
<BR>Defenders of Wildlife, the Sierra Club and Friends of the River, calling
<BR>for federal action to protect the river and its fish, not destroy them. 
<BR>Much of the focus was on the Farm Bill, currently in conference, where
<BR>the legislators and groups called for adoption of Senator Ron Wyden's
<BR>language in the Senate version (see Sublegals, 5:07/05) for long-term
<BR>solutions to the Klamath water shortage. &nbsp;At a concurrent press
<BR>conference in Eureka, Congressman Mike Thompson (D-CA), PCFFA
<BR>Vice-President Dave Bitts, Yurok tribal leader Troy Fletcher and the
<BR>Northcoast Environmental Center's Tim McKay decried the sorry shape
<BR>of the Klamath and the devastating impact the harm to that river has
<BR>visited on the resources and economy of the region. For more, see the
<BR>San Francisco Chronicle 2 April article by Glen Martin at:
<BR>http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/
<BR>2002/04/02/MN202015.DTL.
<BR>
<BR>At the top of American Rivers' list was the Missouri River, named
<BR>because of the dams and reservoirs along its entire length. &nbsp;Second on
<BR>the list was the Big Sunflower River in Mississippi due to dredging
<BR>plans proposed by the U.S. Army Corps of Engineers for the center of
<BR>that river that would also destroy adjoining wetlands. Other rivers on the
<BR>list included the: (4) Kansas River (Kansas); (5) White River
<BR>(Arkansas); (6) Powder River (Wyoming, Montana); (7) Altamaha
<BR>(Georgia); (8) Allagash (Maine); (9) Canning (Alaska); (10) Guadalupe
<BR>(Texas); and (11) the Apalachicola (Florida). &nbsp;Naming the Klamath to its
<BR>2002 list, American Rivers said, "In the drought prone headwaters of the
<BR>Klamath River, the Bureau of Reclamation is contesting its
<BR>environmental responsibilities and attempting to maximize agricultural
<BR>deliveries even though the diversions and polluted runoff are causing the
<BR>river's ecosystem to collapse. &nbsp;Salmon populations have dropped to less
<BR>than 8% of their historic averages, and unless Congress acts to reduce
<BR>irrigation and restore wetlands, the fisheries will continue to dwindle -
<BR>threatening the livelihoods of commercial fishermen and local
<BR>communities, as well as the treaty rights of several Indian tribes." For
<BR>more information, go
<BR>to:www.americanrivers.org/mostendangered/klamath2002.htm. 
<BR>
<BR>5:14/02 CDFG BLASTS BUREAU'S KLAMATH FLOWS: &nbsp;The
<BR>California Department of Fish &amp; Game (CDFG) has joined PCFFA, the
<BR>Yurok tribe and other fishing and conservation organizations blasting
<BR>the U.S. Bureau of Reclamation's interim flow regimes for the lower
<BR>Klamath River, initiated at a ceremony on 29 March (see Sublegals,
<BR>5:13/02). &nbsp;Under pressure from the federal administration, the National
<BR>Marine Fisheries Service (NMFS) did a 180 degree flip-flop from its
<BR>science-based Biological Opinion (BiOp) of 2001 and, in a 28 March
<BR>"Concurrence Letter," agreed to allow BOR to operate from 16 April
<BR>through all of May at in-river flow levels nearly 700 cubic feet per
<BR>second (cfs) less than the minimum operating flows of 1700 cfs required
<BR>during the 2001 near-record drought. &nbsp;CDFG is objecting to flows being
<BR>allowed to go this low during critical coho salmon rearing periods in the
<BR>Klamath. The state fishery agency has indicated that flows this low will
<BR>likely seriously damage Klamath coho runs, which are listed as
<BR>"threatened" under the federal Endangered Species Act (ESA).
<BR>
<BR>"This has been a really frustrating turnaround," CDFG Klamath
<BR>Coordinator Michael Rode told the Los Angeles Times. &nbsp;&nbsp;"Those flows
<BR>are just far too low .... tiny coho salmon downstream in the Klamath
<BR>River and its tributaries need flows high enough to allow them to seek
<BR>shelter in shallow, shaded areas along streams. If the river is high
<BR>enough, the newly hatched salmon--called fry--are protected by
<BR>over-hanging willows and can feed on insects. One-year-old fish also
<BR>need sufficient water flows in the spring to carry them toward the ocean.
<BR>The Klamath River needs at least 2,400 cubic feet of water per second
<BR>during spring months to provide adequate habitat for young salmon." &nbsp;
<BR>The Times article went on to say Rode "questioned how the federal
<BR>officials could conclude, as they have, that salmon would not be harmed
<BR>by flows of at least 1,742 cubic feet per second in early April, dropping
<BR>to 1,043 cubic feet in late May--the levels laid out in federal irrigation
<BR>plans for the next two months." &nbsp;To see the full 29 March Los Angeles
<BR>Times article, "Klamath Plan Will Hurt Fish, State Official Says," go to:
<BR>http://www.latimes.com/news/local/state/la-000022554mar29.story?coll
<BR>=la%2Dnews%2Dstate. 
<BR>
<BR>In the Congress, meanwhile, California Representative Mike
<BR>Thompson (D-1st) has weighed in opposing an amendment by
<BR>Representative Greg Walden (R-OR) that would unravel language in the
<BR>Senate version of the Farm Bill, authored by Senator Ron Wyden
<BR>(D-OR), to provide a long-term solution for the Klamath Basin water
<BR>crisis. The Wyden language is supported by fishing groups,
<BR>conservationists and tribes. &nbsp;Thompson has also written U.S. President
<BR>George W. Bush requesting the Administration's Klamath Basin Task
<BR>Force be more inclusive. "Although I agree in concept with this task
<BR>force, I believe it needs to become more balanced," wrote Thompson in
<BR>a 19 March letter. &nbsp;"Please consider in your task force representatives of
<BR>the Native American tribes and individuals from the commercial and
<BR>recreational fishing industry. These stakeholders are as heavily reliant
<BR>on water along the Klamath Basin as the upper Basin's farm and
<BR>agricultural users." For more information, e-mail:
<BR>m.thompson@mail.house.gov. 
<BR>
<BR>5:14/03. FISHNET 4C CONFERENCE SALMON CONFERENCE.
<BR>FishNet 4C is hosting a two-day conference 16-17 May in the San
<BR>Francisco Presidio, "Local Government Strategies for Protecting and
<BR>Restoring Aquatic Habitat, Water Resources and Salmon Fisheries." &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
<BR>
<BR>The conference will focus on issues pertinent to watershed protection
<BR>and salmon recovery on the California Coast and San Francisco Bay
<BR>region. &nbsp;Participants will include County and City elected officials;
<BR>managers and staff from planning, public works, open space, parks,
<BR>special districts and water agencies; federal, state and local resource
<BR>agencies; fishermen, and; watershed groups. &nbsp;FishNet 4C is the fishery
<BR>network of the Central California Coastal Counties of Mendocino,
<BR>Sonoma, Marin, San Mateo, Santa Cruz and Monterey. The conference
<BR>agenda, registration, and directions to the event are posted on FishNet
<BR>4C's new website: http://fishnet.marin.org/ &nbsp;(do not enter www prefix). 
<BR>
<BR>5:14/04. &nbsp;57 U.S. RIVERS AT RECORD LOWS, SAYS USGS: &nbsp;In an
<BR>article in the 28 March issue of USA Today, it was noted that U.S.
<BR>Geological Survey (USGS) data showed that 57 major U.S. rivers
<BR>reached record lows for the month of March, and that 40 of them
<BR>showed record low levels between December and February as well. 
<BR>Federal scientists blame the decline on continuing drought, saying that
<BR>"severe or extreme drought" has spread over 21 percent of the country. 
<BR>This past fall was the driest on record for Arizona, Connecticut,
<BR>Delaware, Massachusetts, New Jersey, South Carolina and Virginia, and
<BR>western snowpacks in many areas are still at unusually low levels as
<BR>well. &nbsp;For more see:
<BR>http://www.usatoday.com/usatonline/20020328/3977377s.htm. &nbsp;Global
<BR>fresh water shortages have also become a serious problem (see
<BR>Sublegals 5:13/01; 5:09/5).
<BR>
<BR>5:14/05. &nbsp;COLUMBIA SALMON SURVIVAL MAY DEPEND ON
<BR>POWER RATES, NOT WATER: &nbsp;The 20 March Columbian, reported
<BR>that the Bonneville Power Administration (BPA), the agency that
<BR>controls the Columbia River mainstem hydropower dams, is still not
<BR>ruling out declaring yet another "power emergency" exemption this year,
<BR>despite the fact that water flows are back near normal after last year's
<BR>drought, if fluctuating power market rates again affect it financially. If
<BR>power rates surge, BPA must either raise its rates (which it is loath to
<BR>do) or cut back on the "spill" of water through the federal power dams'
<BR>spillways that is required to flush juvenile salmon to the sea. Though
<BR>these spills are legally (as well as biologically) required under the
<BR>current salmon recovery plan, BPA used that exemption loophole
<BR>several times in 2001, which it can declare unilaterally at its sole
<BR>discretion and for which there are no standards.
<BR>
<BR>Using this exemption, in 2001 BPA cut the juvenile salmon "spill"
<BR>program almost entirely, in the process sacrificing juvenile salmon runs
<BR>that enormous amounts of ratepayer and taxpayer money have already
<BR>been spent to save. &nbsp;As a result, year 2001 juvenile salmon survival rates
<BR>were at their lowest since salmon were first listed in the Columbia under
<BR>the federal Endangered Species Act (ESA) (see Sublegals 4:23/12),
<BR>numbers which will likely be devastating for future returns. "We cannot
<BR>take advantage of the outbound migration of salmon and steelhead two
<BR>years in a row and expect any kind of perpetuation of the runs," said
<BR>Larry Cassidy, Chairman of the Northwest Power Planning Council,
<BR>which oversees Columbia River salmon recovery. "One year was bad
<BR>enough." &nbsp;However, according to BPA spokesman Ed Mosey, "We don't
<BR>want to see a diminishment of the spill program, and right now we don't
<BR>see that happening. [But] anything can happen. In this market, we can't
<BR>foresee what will happen. You never say never." &nbsp;For more, see:
<BR>http://www.columbian.com/03202002/clark_co/266169.html.
<BR>
<BR>The BPA is also currently asking Congress to increase its borrowing
<BR>authority by an additional $2 billion (from its current $3.8 billion) so it
<BR>can invest in new power transmission lines and infrastructure. &nbsp;Salmon
<BR>advocate groups, however, including PCFFA, have written to the
<BR>Northwest Congressional Delegation and to Administration officials
<BR>asking that any increase in borrowing authority be specifically linked to
<BR>measures that will make future "power emergency" exemptions far less
<BR>likely and prevent such salmon sacrifices as occurred last year. &nbsp;The 5
<BR>April coalition letter is available from Save Our Wild Salmon's
<BR>Washington DC office, Matt Niemerski, at (202) 969-1465. &nbsp;For more
<BR>information from Save Our Wild Salmon on the problems and failures
<BR>of the Administration's current Columbia River salmon recovery plan
<BR>see: http://www.wildsalmon.org. 
<BR>
<BR>5:14/06. LANGUAGE IN PROPOSED CONGRESSIONAL BILLS
<BR>ON HYDROPOWER AND ENERGY PROVE PROBLEMATIC FOR
<BR>FISH CONSERVATION: In the energy bills now pending before the
<BR>U.S. Senate (or already passed by the House) and in likely amendments,
<BR>little-noticed hydropower provisions and potential public lands
<BR>amendments could have enormous impacts on fish (particularly
<BR>salmon), wildlife and river health. Language of concern includes the
<BR>following:
<BR>
<BR>* Section 6403 of H.R. 4 (the House-passed energy bill) repeals use of
<BR>modern hydropower impact mitigation measures at the Interior
<BR>Department's federal hydropower projects in the west, harming
<BR>anadromous fish stocks, as well as coastal communities that depend on
<BR>the fish.
<BR>
<BR>* Non-federal hydropower is subject to a once-every-30-to-50 years
<BR>relicensing process that affords an opportunity to bring projects up to
<BR>modern standards, dramatically improving fisheries, fish habitat and
<BR>water quality. &nbsp;The hydropower industry seeks to weaken Title III,
<BR>especially Section 301, 304 and 306 of S. 517 (currently before the
<BR>Senate) that provide fish protections in this process. 
<BR>
<BR>* Section 338 of S. 388 would drop standards on Federal lands to state
<BR>standards. This amendment could classify stipulations to protect wildlife
<BR>and fish resources as "unwarranted restrictions" to oil and gas
<BR>development, generally requiring public land standards to be no more
<BR>strict than those applied by the states. &nbsp;Under current policy, the federal
<BR>Bureau of Land Management (BLM) and the U.S. Forest Service can
<BR>include measures to minimize or mitigate the effects of oil and gas
<BR>development.
<BR>
<BR>* Section 333 of S. 388, allowing state control of energy development
<BR>on federal lands, would effectively divest control of public lands from
<BR>public ownership by allowing state oil and gas commissions to control
<BR>development, including approving permits to drill, determine well
<BR>spacing, and assume control for enforcement. &nbsp;Water quality and fish
<BR>and wildlife protections that are presently factored into federal leasing
<BR>decisions could be eliminated. &nbsp;
<BR>
<BR>* Section 6223 of H.R. 4 would allow the Secretary of Interior to block
<BR>decisions to place important fish habitat off limits to oil and gas
<BR>development. &nbsp;If passed, this provision could summarily overturn
<BR>previous agreements with the oil and gas industry to protect sensitive
<BR>fish and wildlife habitat.
<BR>
<BR>For more information on the language in the hydro and energy bills
<BR>and their fishery impacts, contact Steve Malloch at Trout Unlimited at:
<BR>smalloch@tu.org.
<BR>
<BR>5:14/07. RIPARIAN AREAS SEVERELY DAMAGED,
<BR>PROTECTION SHOULD BE NATIONAL PRIORITY, SAYS NAS
<BR>REPORT: &nbsp;According to a 27 March report issued by the National
<BR>Academy of Sciences (NAS), restoration and protection of the nation's
<BR>riparian areas should become a national priority, and current laws such
<BR>as the Clean Water Act cannot adequately protect these ecologically
<BR>vital areas. &nbsp;Particularly in the arid west, the report says, riparian areas
<BR>harbor the vast majority of wildlife species and support water supplies
<BR>that are under increasing pressure as populations increase, but have been
<BR>seriously degraded or dewatered to the point where many of these
<BR>functions have been lost. &nbsp;"Ideally, Congress should enact legislation
<BR>that recognizes the myriad values of riparian areas and directs federal
<BR>land management and regulatory agencies to give priority to protecting
<BR>these values," the report concludes. &nbsp;Riparian areas cover 38 million to
<BR>121 million acres in the United States, or only about 5 percent of its land
<BR>area, but provide most of the nation's fresh water supply. &nbsp;Today, most
<BR>riparian areas have been seriously degraded even on federal lands, with
<BR>commercial agriculture the most detrimental factor in the decline of
<BR>riparian areas over the last century, according to the NAS report.
<BR>However, there is hope that protection can make a difference. &nbsp;In one
<BR>example, PCFFA is engaged in a joint venture with the Natural
<BR>Resources Defense Council (NRDC), Friant Water Users Association
<BR>and The Bay Institute on the San Joaquin River, in a 150 mile area
<BR>above the confluence with the Merced River, to recover a river stretch
<BR>that was dewatered over 50 years ago. &nbsp;The NAS report, titled "Riparian
<BR>Areas: Functions and Strategies for Management" is available online at:
<BR>http://www.nap.edu/catalog/10327.html.
<BR>
<BR>5:14/08. MASSIVE ESCAPE OF FARMED FISH IN UK;
<BR>SCATHING REPORT ON CHILEAN SALMON FARMS: WorldCatch
<BR>News Network reported on 2 April that more than 100,000 farmed
<BR>salmon escaped from netpens on the Island of Orkney (U.K.) the
<BR>previous weekend, and an estimated 900,000 farmed Atlantics have
<BR>escaped from Washington State and British Columbia salmon farms.
<BR>
<BR>To date, these invasive Atlantics have been found in more than a
<BR>dozen Washington State streams, 75 British Columbia rivers, and in
<BR>some Alaska rivers, all supporting native Pacific salmon stocks. &nbsp;The
<BR>news report comes as the California Legislature prepares to debate a
<BR>prohibition on the introduction of any genetically modified fish (for use
<BR>in aquaculture operations) into state waters (S. 1525). &nbsp;Where salmon
<BR>farms have been established, the farmed fish have inevitably escaped
<BR>into the wild. &nbsp;
<BR>
<BR>The day prior to the WorldCatch report on farmed salmon escapes, the
<BR>San Francisco Chronicle ran an extensive article by foreign
<BR>correspondent Jimmy Langman, titled &nbsp;"Atlantic Salmon a fishy
<BR>tale/Chilean industry criticized for pollution, sneaky labeling." &nbsp;Chile is
<BR>now the chief supplier of farmed salmon to the U.S. market and, at
<BR>current growth rates, is expected to be the world's largest producer of
<BR>farmed salmon by 2010. Among the problems identified with that
<BR>southern hemisphere's nation raising northern hemisphere-origin
<BR>Atlantic salmon in Pacific waters were:
<BR>
<BR>* The slaughter of marine mammals by salmon farmers to prevent the
<BR>animals (e.g., sea lions) from interfering with their net pen operations.
<BR>
<BR>* The pollution from the salmon net pens. A report by the Terram
<BR>Foundation, based in Santiago, found "75 percent of fish feed used at
<BR>Chilean salmon farms and tons of feces wind up in the waters below
<BR>offshore pens, depleting oxygen necessary for the survival of
<BR>surrounding marine life."
<BR>
<BR>* That disease caused by "voluminous waste and overcrowding -- in
<BR>early stages, 80,000 young
<BR>salmon are typically packed into pens of 98 feet by 98 feet -- also breeds
<BR>such sicknesses as Rickettsia (spotted fever) in the salmon."
<BR>
<BR>* The extensive use of antibiotics by Chilean fish farms, using "75 times
<BR>more antibiotics to treat diseased fish than their competitors in Norway."
<BR>
<BR>* The government failure to enforce environmental and health laws that
<BR>give the Chilean salmon farmers an unfair advantage over their
<BR>competitors in other nations.
<BR>
<BR>* The cheap labor rates paid by Chilean salmon farmers to their
<BR>workers. Additionally, salmon farmers enjoy state subsidies for labor,
<BR>since the Chilean government mandates in the rural areas where the
<BR>farms are located that states pay 17 percent of a worker's salary.
<BR>
<BR>According to the Chronicle article, the "most vocal opponents of
<BR>industry expansion are Chilean environmentalists, who have asked
<BR>President Ricardo Lagos' government to issue a moratorium on new
<BR>salmon farming concessions -- there are currently 4,000 new requests --
<BR>until ecological and health impacts are studied further...." &nbsp;Fishermen in
<BR>Chile have also been highly critical of the salmon farms that have
<BR>displaced traditional fishing areas and polluted old fishing grounds. To
<BR>see the WorldCatch report, go to: www.worldcatch.com. To see the 1
<BR>April San Francisco Chronicle article by Jimmy Langman, go to:
<BR>http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/
<BR>04/01/MN185582.DTL. 
<BR>
<BR>5:14/09. SUIT FILED CHALLENGING 2002 PACIFIC
<BR>GROUNDFISH MANAGEMENT MEASURES: On 5 April, the Natural
<BR>Resources Defense Council (NRDC) on behalf of itself and Oceana,
<BR>filed suit in U.S. District Court in San Francisco challenging the
<BR>National Marine Fisheries Services' (NMFS) approval of the Pacific
<BR>Fishery Management Council's 2002 fishery specifications and
<BR>management measures for the Pacific Coast groundfish fishery, NRDC
<BR>v. NMFS (C-02-1650, U.S.D.C for the Northern District of California). &nbsp;
<BR>Plaintiffs allege that the management plan approved set fishing harvests
<BR>levels that fail to protect five of eight species of overfished groundfish. 
<BR>According to the complaint, NMFS "has determined that darkblotched
<BR>rockfish is currently at only 12 percent of its unfished biomass. This
<BR>figure means that the darkblotched population has decreased by 88
<BR>percent. &nbsp;NMFS further has determined that bocaccio rockfish is at only
<BR>2 percent of its unfished biomass; that canary rockfish is at only 8
<BR>percent of its unfished biomass in the southern areas and at only 22
<BR>percent in the north; that cowcod is a less than 10 percent of its unfished
<BR>biomass; and that widow rockfish is at only 24 percent of its unfished
<BR>biomass." &nbsp;Plaintiffs are asking the court to remand the specifications to
<BR>NMFS "with instructions to revised the specifications to comply fully
<BR>with federal law." &nbsp;For more information on the suit, contact NRDC's
<BR>Drew Caputo at: dcaputo@nrdc.org. 
<BR>
<BR>5:14/10. &nbsp;"EMPTY OCEANS, EMPTY NETS" TO AIR 22 APRIL: 
<BR>A nationwide presentation of the film "Empty Oceans, Empty Nets" will
<BR>air on Public Broadcasting System (PBS) television stations all over the
<BR>U.S. on Earth Day (22 April). Fishermen and experts on ocean
<BR>ecosystems were interviewed for the film, talking about the declining
<BR>populations of harvestable species in our fragile oceans, and how that
<BR>impacts local fishing-dependent communities and the global food
<BR>supply. Declining fish populations caused by widespread ocean
<BR>pollution, global climate changes and unsustainable or destructive ocean
<BR>fishing practices still allowed in many countries are now of major global
<BR>concern. Many fishermen's organizations and indigenous
<BR>fishing-dependent communities are fighting to make the necessary
<BR>transition to more sustainable practices from the current
<BR>over-industrialized practices controlled by big multi-national
<BR>corporations, but no worldwide system of regulation or control currently
<BR>exists. &nbsp;&nbsp;For more information on the film, go to:
<BR>http://www.kqed.org/pressroom/tv/emptyoceans.html.
<BR>
<BR>5:14/11. 21,572 TONS OF HIGH-LEVEL NUCLEAR WASTES TO
<BR>BE SHIPPED THROUGH PORTS: &nbsp;As part of a plan to house the
<BR>nation's huge backlog of nuclear wastes in Nevada, the Reno
<BR>Gazette-Journal reported on 23 March that at least 21,572 tons of
<BR>high-level nuclear wastes (about 19 percent of the total in the U.S.)
<BR>which is destined for the newly designated Yucca Mountain Nuclear
<BR>Waste Facility in Nevada would be shipped though commercial seaports
<BR>on both coasts. U.S. President George W. Bush endorsed and forwarded
<BR>to Congress U.S. Energy Secretary Spencer Abraham's designation of
<BR>the Yucca Mountain site on 15 February, although Congress has yet to
<BR>ratify this designation. &nbsp;
<BR>
<BR>Seventeen of the nation's commercial nuclear power plants are
<BR>located far from railways, and their nuclear wastes can only be shipped
<BR>through seaports to be placed on rail lines from that point to the Nevada
<BR>site. &nbsp;Critics say the nation's seaports are the last place these wastes
<BR>should be transported, given the vulnerability of these seaports to
<BR>terrorism and their proximity to major fishing grounds. &nbsp;On the U.S.
<BR>west coast, for instance, high-level nuclear wastes from Diablo Canyon
<BR>Nuclear Power Plant would be shipped through Port Hueneme near
<BR>Oxnard, California, a fishing port on the Ventura County coast. &nbsp;Other
<BR>ports slated for major nuclear shipments include Boston,
<BR>(Massachusetts) New Haven, (Connecticut), Newark (New Jersey),
<BR>Baltimore (Maryland), Norfolk (Virginia) and Fort Lauterdale (Florida)
<BR>as well as many others. &nbsp;The U.S. also purchases radioactive wastes
<BR>from other countries as part of non-proliferation treaties, and these
<BR>wastes too must be shipped through commercial seaports, adding to
<BR>potential risks to the U.S. fishing industry and ocean contamination. &nbsp;
<BR>For more see:
<BR>http://www.rgj.com/news/stories/html/2002/03/23/10518.php. &nbsp;For
<BR>details about the Yucca Mountain Project, including the Environment
<BR>Impact Statement (EIS), see: http://www.ymp.gov.
<BR>
<BR>5:14/12. ECOSYSTEM MANAGEMENT CONFERENCE SET FOR
<BR>27 APRIL: &nbsp;The Sustainable Fisheries Foundation is sponsoring a
<BR>conference titled "Toward Ecosystem-Based Management: Breaking
<BR>Down the Barriers in the Columbia Basin and Beyond," scheduled for 27
<BR>April -- 1 May in Spokane, Washington. &nbsp;For more information on the
<BR>conference and to register see "2002 Conference" under:
<BR>http://www.sff.bc.ca.
<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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