[Fishlink] ~~>FISHLINK SUBLEGALS 4/19/02<~~
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~~>FISHLINK SUBLEGALS 4/19/02<~~
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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. 16 19 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
Associations in publishing this weekly newsletter free of charge. We
have recently passed our 100th issue, with very little funding, and are
looking to our readers to sustain the continuation of this effort. Go to
www.sublegals.net to donate to this effort. Thank you for your support
of community fisheries education.
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"The battle to protect and rebuild our fish stocks, the fight to get the
best possible regulations, the effort to expand markets and get a fair
price for our fish doesn't come cheap. Payrolls have to be met, bills paid
and, when necessary, lawsuits funded. Fishing restrictions and bans
aren't voluntary, nor should financial support for associations and those
working on our behalf be optional. There is no free lunch."
..................... Bob Miller, PCFFA Treasurer
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IN THIS ISSUE.......
Judge Wanger Rules for Increased Trinity River Flow. 5:16/01.
195 New California Water Bodies To Be Added To
'Impaired' List. 5:16/03.
Coastal Sprawl Threatens Coastal Ocean Ecosystems. 5:16/07.
Call For Donations To Defend Against Crab Fleet
"SLAPP" Suit. 5:16/13.
Judge Rules That Pacific Groundfish Plan Fails Over
Bycatch Reduction. 5:16/15.
AND MORE......
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5:16/01. "FISH GOTTA SWIM" - WANGER RULES FOR
INCREASED TRINITY FLOW: On 19 April, U.S. District Court Judge
Oliver Wanger (USDC/Eastern District of California) ordered an
increase in flows into the California Trinity River to 468,600 acre-feet of
water this year, beginning Monday. Prior to the construction of the
Trinity Unit of the Central Valley Project (CVP), the Trinity River, the
largest salmon-producing tributary of the Klamath River system, had
annual flows of between 1-1.2 million acre-feet/year. Beginning in the
mid-1960's and the completion of the Trinity Unit, as much as 86 percent
of the Trinity flow was diverted by the U.S. Bureau of Reclamation
(BOR) into the Sacramento River. Much of that diverted water was
illegally delivered to agribusiness south of the Sacramento/San Joaquin
Delta. With the loss of instream flows, Trinity chinook and coho salmon
runs declined by more than 85 percent and steelhead by 90 percent. The
fish losses impacted in-river tribal fisheries (Hoopa and Yurok Tribes),
recreational fisheries and the offshore troll fishery. The Fresno Judge's
order, pursuant to a motion by the Tribes, is for 2002 only and restores
100,000 acre-feet of flow, plus an additional 28,600 (the minimum for
critically dry years) over the 340,000 acre-feet Wanger cut the flow to
last May following a lawsuit brought by the Westlands Water District.
This represents 43 percent of historic flows (see Sublegals, 5:11/04).
In January 1981, then-Secretary of Interior Cecil Andrus ordered
flows of 340,000 acre-feet, an increase from the disastrous 186,000
acre-feet releases that had existed into the river previously. This
increase to about 30 percent of the historic flow was for a 12-year study
on the instream water needs of the fish. That study went on for 20 years,
delayed in part because the Bureau and its contractors did not like the
results. During the study period, Interior also went to work on a plan not
to restore the river and its fish, but to "downsize" the river around
significantly less flow. PCFFA and some other fishing groups objected,
arguing for a cap on diversions at 30 percent of annual average flow
based on international studies that found irreparable damage occurred to
rivers and estuaries when diversions exceed 30 percent. Finally, on 19
December 2001, then Interior Secretary Bruce Babbitt signed his Record
of Decision (ROD) on the Trinity (see Sublegals 2:25/02) restoring
in-river flows to 48 percent of their historic average. Immediately after
that, Westlands sued to enjoin enforcement of the ROD. For more
information, contact Mike Orcutt of the Hoopa Valley Tribe at (530)
625-4267, ext.13.
5:16/02. WASHINGTON LEGISLATURE CALLS FOR
ESTABLISHMENT OF WATERSHED PLANNING COMMITTEE:
The Washington State Legislature has requested the formation of a new
"Watershed Plan Implementation Committee" to advise legislators on
how best to fund the many local and regional watershed restoration plans
that are now being developed throughout the State. Most of these
watersheds contain salmon-bearing streams. Since 1998, communities
in 42 watersheds in Washington have begun working on watershed
restoration plans, with 13 of them scheduled to complete their plans in
the fall of 2003. The 16-member Legislative Advisory Committee is
charged with the task of evaluating how much these watershed plans will
cost to implement, identifying existing and potential sources of funding,
and recommending how authority and responsibility for implementation
plans should be structured. The Committee's first meeting was held 2
April. For more information on the Committee, contact Sheryl
Hutchinson, Washington Department of Ecology, (360) 407-7004. For a
map and details about the various watersheds under consideration and
the plans in progress, see: http://www.ecy.wa.gov/watershed/index.html.
5:16/03. 195 NEW CALIFORNIA WATER BODIES TO BE
ADDED TO 'IMPAIRED' LIST: At least 195 more California lakes,
rivers and waterways, including dozens of state beaches and
salmon-bearing streams, may soon be added to the list of water bodies
that are classed as "impaired" under section 303(d) of the federal Clean
Water Act (CWA), according to a 9 April San Francisco Chronicle
report. The proposed list of new water bodies would join the list of 507
other California water bodies already classed as "impaired" that the state
is already trying to clean up, most of which still do not have pollution
control plans in place. Once listed, the State of California must then
come up with TMDL ("total maximum daily load") pollutant maximum
standards, as well as pollution control plans, by 2012, a deadline ordered
by a federal court in a case originally brought by PCFFA in 1995. The
California State Water Resources Control Board (SWRCB) must first
vote to send the new list to the U.S. Environmental Protection Agency
(EPA) for inclusion under the federal Clean Water Act program, and
plans a series of public meetings before taking a vote at its September
2002 meeting. For more about the SWRCB effort to update its 303(d)
list of impaired water bodies, and for a hearing schedule for public input,
go to: http://www.swrcb.ca.gov/303dupdate.html. For the full Chronicle
article see:
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/04/09
/state0535EDT0029.DTL&type=printable.
5:16/04. TEMPERATURE IMPAIRED CALIFORNIA SALMON
STREAMS GIVEN SHORT SHRIFT BY WATER BOARD: Six
California north coast salmon watersheds - Redwood Creek, Gualala
River, Big River, Russian River, Mad River and Ten Mile River - have
been put on a "watch list" by the State Water Resources Control Board
(SWRCB) for possible listing as temperature impaired under Section
303(d) of the federal Clean Water Act (CWA). The higher temperatures
are believed due to loss of riparian shade canopy and reduced in-stream
flows. The six were all recommended for listing, based on high water
temperatures in these waterways during critical times of the year
impacting fish populations, by the staff of the North Coast Regional
Water Board. The North Coast Board, however, under pressure from the
Farm Bureau, only agreed to list the Russian River, and that was
subsequently overturned by the SWRCB, which then placed all six on
the watch list described by Board watchers as "a kind of TMDL
purgatory." Additional information regarding temperature effects,
including some direct studies on Ten Mile and Big River, can be found
at: www.krisweb.com/stream/temp.htm.
The temperature issue falls under Section 303 (d) of the Clean Water
Act that requires states to identify waters that do not meet applicable
water quality standards with technology-based controls alone. As defined
in the CWA and federal regulations, water quality standards include the
designated uses of a water body, adopted water quality criteria, and the
State anti-degradation policy. As defined in California's Porter-Cologne
Water Quality Control Act, water quality standards include beneficial
uses to be made of a water body (such as fisheries), and also water
quality objectives (both narrative and numeric) established along with
the State's nondegradation policy (SWRCB Resolution No.68-16). High
water temperature is one of the major factors, along with sedimentation,
low flows and migratory barriers, contributing to the decline of salmon
in many coastal watersheds along the California, Oregon and
Washington coasts.
The SWRCB will hold a public hearing on 23 May to seek comments
on proposed revisions of the Clean Water Act Section 303(d) list of
water quality limited segments. For more information on the hearing and
the 2002 303(d) list update, go to:
http://www.swrcb.ca.gov/303dupdate.html
5:16/05. CALIFORNIA GOVERNOR SIGNS IMPAIRED
WATERWAYS LEGISLATION: On 8 April, California Governor Gray
Davis signed SB 469 by State Senator Dede Alpert (D-Coronado)
requiring the State Water Resources Control Board (SWRCB) to prepare
by 1 July 2003 and finalize by 1 January 2004 guidelines for listing and
delisting impaired waters of the state. The bill also calls for developing
and implementing the lagging Total Maximum Daily Load (TMDL)
program more expeditiously. SB 469 also requires the SWRCB, when
taking action on a water quality control plan (Basin Plan) amendment
that is submitted by a Regional Water Quality Control Board (RWQCB),
solely for a TMDL, to comply with the deadlines set forth in existing law
unless the proposed amendment is for an exceedingly complex TMDL.
For more information on SB 469, go to: www.leginfo.ca.gov.
5:16/06. NEW WETLANDS AND FISH PUBLICATION
AVAILABLE: Wetlands and Fish: Catch the Link, is the title of a new
publication jointly developed by the Izaak Walton League, National
Marine Fisheries Service (NMFS) and the U.S. Geological Survey
(USGS) Biological Resources Division. The document provides
information on how wetlands are important to fish throughout the U.S.
(an estimated 85 percent of the nation's commercially valuable fish are
wetlands dependent) and what fish might be in wetlands in a particular
local area. The text is geared to the general public, but the tables and
references will be of interest to fishermen and scientists as well. For a
free copy contact the NMFS Office of Habitat Conservation at (301)
713-2325 or susan.stedman@noaa.gov. Another wetlands publication to
see is "Fisheries, Wetlands & Jobs: The Value of Wetlands to America's
Fisheries" that was prepared by William Kier Associates for Clean
Water Network, PCFFA, Atlantic States Marine Fisheries Commission,
Coalition to Restore Coastal Louisiana, Campaign to Save California
Wetlands and Trout Unlimited. For a copy of that publication, e-mail a
request to PCFFAfish@aol.com or see: http://www.ifrfish.org/rpts.htm.
5:16/07. NEW REPORT FINDS COASTAL SPRAWL
THREATENS COASTAL OCEAN ECOSYSTEMS: On 16 April, the
Pew Oceans Commission released its latest scientific report on the state
of the nation's oceans, entitled "The Effects of Urban Design on Aquatic
Ecosystems in the United States." The fourth in a series of reports by the
independent commission, the report links over-development along the
coasts to the declining health of aquatic habitats. Although U.S. coastal
counties account for only 17 percent of the nation's area, they are home
to more than half the U.S. population. An additional 27 million people
are estimated to be funneling into this narrow corridor over the next 15
years. The report details the effects of poor urban design and land-use
practices on aquatic ecosystems in the United States and new strategies
and tools that communities may use to preserve the same ecosystems
that attract residents, tourists, and businesses to the coasts. For more
information or a copy of the report, go to: www.pewoceans.org.
5:16/08. CDFG ESTABLISHES HERRING WEBSITE: The
California Department of Fish & Game (CDFG) has established a new
website for the State's herring fishery. The new Internet site is intended
to provide reports, regulations and other information on the resource and
the fishery. CDFG is currently in the midst of the regulatory change
process for herring regulations that will be effective for the 2002-03
season. The proposals will be added to the web page when they are filed
with the California Fish & Game Commission. Although the proposals
are not online as of yet, individuals can view the calendar of regulatory
and environmental document changes scheduled. The California herring
fishery homepage is at: http://www.dfg.ca.gov/mrd/herring/. The
calendar for opportunities for public input on the herring fishery is at:
http://www.dfg.ca.gov/mrd/herring/calendar.html.
5:16/09. CALIFORNIA HERRING ASSOCIATION JOINS PCFFA:
At its 18 April meeting in San Francisco, the PCFFA Board of Directors
voted to accept the application by the California Herring Association for
membership in the Federation. For more information, e-mail:
PCFFAfish@aol.com.
5:16/10. ALASKA SEA GRANT RELEASES NEW PUBLICATION
ON HERRING FISHERY: Herring - Expectations for a New
Millennium (AK-SG-01-04), is the title of a new book published by the
University of Alaska's Sea Grant College Program. The book is based
on the proceedings of a February 2000 symposium held in Anchorage
and includes papers on herring fisheries from all over the world. There is
considerable information on Pacific rim herring fisheries, including a
paper by California Department of Fish & Game's Sara Peterson on
survival of herring eggs on kelp in San Francisco Bay. The cost of the
790-page book is $40.00 (US). For more information, contact Alaska
Sea Grant at (888) 789-0090 or go to: http://www.uaf.edu/seagrant/.
5:16/11. DEBATE CONTINUES ON FARM BILL; KLAMATH,
SEAFOOD LABELING ISSUES HANG ON CONFEREES: As of 19
April there has been no resolution by the House-Senate Conference
Committee in the U.S. Congress on the fate of this year's Farm Bill.
Much of the debate is over the level of subsidies that would be directed
to U.S. agriculture and the size of a farm conservation program. At least
two different fishery issues are at stake in this bill. One is the $175
million package for a comprehensive program to resolve Klamath Basin
water issues (see Sublegals, 5:07/05); this is the language that was
inserted by Senator Ron Wyden (D-OR). The other is the language
requiring labeling of seafood by country or origin and whether the fish is
wild or farmed (see Sublegals, 5:08/03) that was inserted by Senator Ted
Stevens (R-AK). Both the House and Senate bills contain mandatory
country of origin labeling provisions. The House calls for mandatory
country of origin labeling of produce (fruits and vegetables). The Senate
calls for labeling of fish, beef, pork, lamb, produce and peanuts. The
Senate language excludes processed meat products and includes the
requirement of labeling fish "wild" or "farm raised." For more
information on the labeling language, e-mail United Fishermen of
Alaska at: ufa1@ufa-fish.org, or go to: www.ufa-fish.org. An audio link
to the Farm Bill Conference Committee deliberations is also available at:
http://agriculture.house.gov/farmbill.htm.
5:16/12. EPA SETTLES LAWSUIT ON PESTICIDES THAT
THREATEN SALMON: In a settlement signed on 19 April, the U.S.
Environmental Protection Agency (EPA) agreed to formally consult with
the National Marine Fisheries Service (NMFS) and the U.S. Fish &
Wildlife Service (USFWS) on specific uses of eighteen chemical
poisons in California. They include how the pesticides are used in
forestry, on various fruit, nut, nursery and forage crops, highway and
utility rights-of-way and in irrigation canals. 18 pesticides will be
analyzed for effects in one or more of these usage sites in the habitat of
each of the seven salmon species and 33 forest plant species that
collectively are named in the settlement. The lawsuit, brought by
Californians for Alternatives to Toxics (CATS), Environmental
Protection Information Center (EPIC), and Humboldt Watershed
Council (HWC), targets some of the most commonly used pesticides
registered by the EPA including chlorpyrifos, diazinon, atrazine,
Roundup, and 2,4-D. This settlement follows on a similar lawsuit filed
against the California State Water Resources Control Board regarding
waivers allowing pesticide discharges into California waterways (see
Sublegals, 5:11/05).
One of the pesticides targeted for analysis will be diazinon, which for
California lettuce crops application exceeded 112,000 pounds in 2000
according to the California Department of Pesticide Regulation.
Government agencies routinely detect diazinon in west coast rivers. The
EPA itself has determined that diazinon exceeds levels of concern for
toxicity and risk to endangered species. Another chemical in the
settlement is atrazine, the pesticide most commonly found in rain and
river water, which EPA acknowledges also exceeds its level of concern
for chronic toxicity to fish reproduction. Many endangered plants may be
at risk from glyphosate (Roundup) in its registered use patterns
(4,641,560 pounds recorded use in California in 2000), according to the
EPA. The settlement put on hold the lawsuit filed by CATS, EPIC and
HWC that challenged the EPA's failure to consult with NMFS and FWS
as required under the Endangered Species Act (ESA). Before the
settlement can become final, however, the EPA must post it on its
website and ask the public for comment on the proposed settlement.
Once comments have been received, the EPA will then decide whether
changes need be made to the settlement and it is only if the plaintiff
groups agree with any changes that the lawsuit will finally be resolved.
To see the settlement and sample maps, see
http://www.alternatives2toxics.org.
5:16/13. CALL FOR DONATIONS TO DEFEND AGAINST CRAB
"SLAPP" SUIT: The Treasurer for the "Crabbers Defense Fund,"
established to raise monies to defend three fishermen's marketing
associations and 12 individual crab fishermen (see Sublegals, 5:09/17;
5:06/09), in a "SLAPP" suit brought by a large trawler/crabber, is
renewing the call for donations to defend this litigation in federal court.
At stake is the ability of associations and their members to be able to
collectively bargain for a fair price for their fish. Bob Miller, who is
acting as Treasurer for the Fund, is asking crabbers and others belonging
to fishermen's associations to send their donations now, made out to:
"Crabbers Defense Fund" and mailed to P.O. Box 321, Bodega Bay, CA
94923.
5:16/14. NAVY LOW FREQUENCY SONAR A THREAT TO
MARINE FISH?: The U.S. Navy has developed an extremely powerful
(low frequency) sonar to detect "quiet" submarines, and it has applied for
a permit from the National Marine Fisheries Service (NMFS) to deploy
it. However, based on newly available scientific information, it has been
found that this low frequency sonar emits a shock wave that at 150 to
160 decibels can kill whales, other marine mammals and marine fish by
rupturing the membranes surrounding their lungs, swim bladder, brain
and auditory air spaces. The second lethal effect of the shock wave
involves the activation of supersaturated gas in marine animals' blood
and in their cells to form small bubbles which, like the "bends," can
block the flow of blood to the brain (causing stroke) and can rupture
their cell walls. This effect will be greatest in deep-diving animals (such
as bluefin tuna, swordfish, bigeye tuna and deep-diving whales) that
would have the highest levels of supersaturated gasses in their blood and
cells. The source level of this sonar is 240 decibels (equivalent to the
intensity of a Saturn rocket). However, because low frequency
underwater sound can travel hundreds of miles with little loss of power,
it may actually create a "kill zone" of several hundred miles in diameter,
according to some marine scientists. NATO naval exercises using low
frequency sonar conducted off Greece in 1996 killed whales that were
more than 100 kilometers away. In the Final Environmental Impact
Statement (FEIS) for its sonar system, the Navy admits that an intensity
of 160 decibels (a lethal level) would be felt several hundred miles away
from the source. This would create a "Kill Zone" the size of Texas.
The Navy says it wants to deploy this sonar in 80% of the world's
oceans (omitting only the Arctic and Antarctic). It has already been or is
to be used in many areas that are prime habitat of marlin, swordfish,
bluefin tuna, mako sharks, bigeye tuna, sailfish, spearfish, wahoo,
yellowfin tuna and many other commercially important fish (and their
prey species). Such areas include the Bahamas, the continental shelf off
New Jersey, North Carolina, the Azores, Canary Islands, California and
Hawaii. During the spring-early summer, the deep channels between the
Bahamas and the larger Caribbean Islands are the center of spawning for
swordfish, white marlin and blue marlin of the North Atlantic Ocean.
These species' prime summer-fall feeding grounds include (1) the edge
of the continental shelf (between the 100 and 1000 fathom lines) from
just below Cape Hatteras, North Carolina, to the eastern tip of Georges
Bank off Massachusetts; (2) similar areas along the edge of the
continental shelf in the northern Gulf of Mexico; and (3) the Azores,
Madeira and the Canary Islands (following the extension of the Gulf
Stream as the Azores Current and then the Canary Current). The Navy
has not evaluated the consequences of its sonar on marine fish or
fisheries.
The Navy cannot proceed unless it is issued a permit by NMFS,
which must consider the sonar's effects under authority of the Marine
Mammal Protection Act (MMPA) and the Endangered Species Act
(ESA). NMFS is in the final stages of making its determination, so time
is of the essence. On 4 April, the Biodiversity Legal Foundation (BLF)
and former NMFS scientist, James Chambers, submitted an analysis of
the new scientific information. It describes the severity of the effects of
low frequency sonar on not only marine mammals but also most species
of fish. Of particular concern are its effects on the world's large pelagic
species - billfish, tunas, sharks and their prey. A copy of the BLF letter
to NMFS' Director can be viewed at the following website:
http://www.chambers-associates.org.
5:16/15. JUDGE RULES THAT PACIFIC GROUNDFISH PLAN
FAILS TO ADDRESS BYCATCH REDUCTION: On 12 April, U.S.
Magistrate James Larson (USDC for the Northern District of California)
found the Pacific Fishery Management Council's (PFMC) and National
Marine Fisheries Service's (NMFS) "failure to minimize bycatch and
bycatch mortality is arbitrary, capricious and contrary to law" in their
fishery management plan (FMP) for Pacific groundfish. The lawsuit was
brought last year by the Natural Resources Defense Council (NRDC),
Ocean Conservancy and the Pacific Marine Conservation Council
(PMCC) with the help of commercial fishermen against the federal
agencies, alleging a violation of the Sustainable Fisheries Act for not
doing enough to reduce bycatch in the fishery and make it more
sustainable (see Sublegals, 3:26/13). The ruling means the PFMC and
NMFS will have to rewrite the Groundfish Plan and send out more
observers to collect better data. "This decision underscores the legal need
for a fully-funded, mandatory West Coast groundfish observer program,"
Scott Boley, a former PFMC member and commercial fisherman from
Gold Beach, Oregon, told the 17 April Daily Astorian. He added that
better research will ultimately enhance currently poor stock information,
now considered a serious obstacle to proper management. "Solving this
problem is central to sustaining our fisheries and the coastal
communities that depend upon fishing," said Peter Huhtala, Program
Director for PMCC.
This is the third time in the past year that conservation and fishing
groups have won lawsuits against the government for mismanaging the
Pacific groundfish fishery, the Astorian reported. In August, Larson
ruled that NMFS had failed to make adequate allowances for bycatch in
setting quotas for groundfish. He also ruled that NMFS had violated
requirements for rebuilding plans for overfished species. To see the
complete 17 April Astorian report, go to:
http://www.dailyastorian.com/news//y129/207/1news.htm.
5:16/16. PFMC GROUNDFISH TEAM TO MEET: The Pacific
Fishery Management Council's (PFMC) Groundfish Management Team
(GMT) will meet 13-17 May at the National Marine Fisheries Service's
Southwest Fisheries Science Center, Santa Cruz Laboratory, 110 Shaffer
Road in Santa Cruz, California. The purpose of the meeting is to "plan
strategies to effectively aid the Council in managing 2002 West Coast
groundfish fisheries and Council initiatives expected to arise in 2002.
Additionally, the GMT will discuss groundfish management measures in
place for the spring and summer months, discuss recommended
management measures for 2003 fisheries, respond to assignments
relating to implementation of the Council's groundfish strategic plan,
review and consider technical aspects of draft stock rebuilding plans and
analyses, review new groundfish stock assessments and survey results,
and address other assignments relating to groundfish management." For
more information on this public meeting, go to:
http://www.pcouncil.org.
NEWS, COMMENTS, CORRECTIONS: Submit your news items,
comments or any corrections to Allison Vogt, Editor at:
ifrfish@pacbell.net or call the IFR/PCFFA office with the news and a
source at either: (415) 561-FISH (Southwest Office) or (541) 689-2000
(Northwest Office).
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<HTML><FONT FACE=arial,helvetica><FONT SIZE=2>PLEASE HELP SUPPORT THE SUBLEGALS NEWSLETTER.
<BR>To donate go to: www.sublegals.net. Sublegals is published free
<BR>of charge and is dependent on your contributions.
<BR>##########################################################
<BR> ~~>FISHLINK SUBLEGALS 4/19/02<~~
<BR>##########################################################
<BR> A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND
<BR> LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES
<BR> AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S
<BR> ASSOCIATIONS
<BR>
<BR> VOL. 05, NO. 16 19 APRIL 2002
<BR>##########################################################
<BR>This week's issue of Sublegals is available in PDF format on the web at
<BR>www.sublegals.net. We have also pasted the text below for those who
<BR>still wish to read it through your email. In the coming weeks we will be
<BR>posting all past issues as well as a search engine. In addition to this new
<BR>look, we are continuing our Sublegals Fundraiser to support the Institute
<BR>for Fisheries Resources and the Pacific Coast Federation of Fishermen's
<BR>Associations in publishing this weekly newsletter free of charge. We
<BR>have recently passed our 100th issue, with very little funding, and are
<BR>looking to our readers to sustain the continuation of this effort. Go to
<BR>www.sublegals.net to donate to this effort. Thank you for your support
<BR>of community fisheries education.
<BR>##########################################################
<BR> "The battle to protect and rebuild our fish stocks, the fight to get the
<BR>best possible regulations, the effort to expand markets and get a fair
<BR>price for our fish doesn't come cheap. Payrolls have to be met, bills paid
<BR>and, when necessary, lawsuits funded. Fishing restrictions and bans
<BR>aren't voluntary, nor should financial support for associations and those
<BR>working on our behalf be optional. There is no free lunch."
<BR>..................... Bob Miller, PCFFA Treasurer
<BR>##########################################################
<BR>IN THIS ISSUE.......
<BR>
<BR>Judge Wanger Rules for Increased Trinity River Flow. 5:16/01.
<BR>
<BR>195 New California Water Bodies To Be Added To
<BR>'Impaired' List. 5:16/03.
<BR>
<BR>Coastal Sprawl Threatens Coastal Ocean Ecosystems. 5:16/07.
<BR>
<BR>Call For Donations To Defend Against Crab Fleet
<BR>"SLAPP" Suit. 5:16/13.
<BR>
<BR>Judge Rules That Pacific Groundfish Plan Fails Over
<BR>Bycatch Reduction. 5:16/15.
<BR>
<BR>AND MORE......
<BR>##########################################################
<BR> 5:16/01. "FISH GOTTA SWIM" - WANGER RULES FOR
<BR>INCREASED TRINITY FLOW: On 19 April, U.S. District Court Judge
<BR>Oliver Wanger (USDC/Eastern District of California) ordered an
<BR>increase in flows into the California Trinity River to 468,600 acre-feet of
<BR>water this year, beginning Monday. Prior to the construction of the
<BR>Trinity Unit of the Central Valley Project (CVP), the Trinity River, the
<BR>largest salmon-producing tributary of the Klamath River system, had
<BR>annual flows of between 1-1.2 million acre-feet/year. Beginning in the
<BR>mid-1960's and the completion of the Trinity Unit, as much as 86 percent
<BR>of the Trinity flow was diverted by the U.S. Bureau of Reclamation
<BR>(BOR) into the Sacramento River. Much of that diverted water was
<BR>illegally delivered to agribusiness south of the Sacramento/San Joaquin
<BR>Delta. With the loss of instream flows, Trinity chinook and coho salmon
<BR>runs declined by more than 85 percent and steelhead by 90 percent. The
<BR>fish losses impacted in-river tribal fisheries (Hoopa and Yurok Tribes),
<BR>recreational fisheries and the offshore troll fishery. The Fresno Judge's
<BR>order, pursuant to a motion by the Tribes, is for 2002 only and restores
<BR>100,000 acre-feet of flow, plus an additional 28,600 (the minimum for
<BR>critically dry years) over the 340,000 acre-feet Wanger cut the flow to
<BR>last May following a lawsuit brought by the Westlands Water District.
<BR>This represents 43 percent of historic flows (see Sublegals, 5:11/04).
<BR>
<BR> In January 1981, then-Secretary of Interior Cecil Andrus ordered
<BR>flows of 340,000 acre-feet, an increase from the disastrous 186,000
<BR>acre-feet releases that had existed into the river previously. This
<BR>increase to about 30 percent of the historic flow was for a 12-year study
<BR>on the instream water needs of the fish. That study went on for 20 years,
<BR>delayed in part because the Bureau and its contractors did not like the
<BR>results. During the study period, Interior also went to work on a plan not
<BR>to restore the river and its fish, but to "downsize" the river around
<BR>significantly less flow. PCFFA and some other fishing groups objected,
<BR>arguing for a cap on diversions at 30 percent of annual average flow
<BR>based on international studies that found irreparable damage occurred to
<BR>rivers and estuaries when diversions exceed 30 percent. Finally, on 19
<BR>December 2001, then Interior Secretary Bruce Babbitt signed his Record
<BR>of Decision (ROD) on the Trinity (see Sublegals 2:25/02) restoring
<BR>in-river flows to 48 percent of their historic average. Immediately after
<BR>that, Westlands sued to enjoin enforcement of the ROD. For more
<BR>information, contact Mike Orcutt of the Hoopa Valley Tribe at (530)
<BR>625-4267, ext.13.
<BR>
<BR> 5:16/02. WASHINGTON LEGISLATURE CALLS FOR
<BR>ESTABLISHMENT OF WATERSHED PLANNING COMMITTEE:
<BR>The Washington State Legislature has requested the formation of a new
<BR>"Watershed Plan Implementation Committee" to advise legislators on
<BR>how best to fund the many local and regional watershed restoration plans
<BR>that are now being developed throughout the State. Most of these
<BR>watersheds contain salmon-bearing streams. Since 1998, communities
<BR>in 42 watersheds in Washington have begun working on watershed
<BR>restoration plans, with 13 of them scheduled to complete their plans in
<BR>the fall of 2003. The 16-member Legislative Advisory Committee is
<BR>charged with the task of evaluating how much these watershed plans will
<BR>cost to implement, identifying existing and potential sources of funding,
<BR>and recommending how authority and responsibility for implementation
<BR>plans should be structured. The Committee's first meeting was held 2
<BR>April. For more information on the Committee, contact Sheryl
<BR>Hutchinson, Washington Department of Ecology, (360) 407-7004. For a
<BR>map and details about the various watersheds under consideration and
<BR>the plans in progress, see: http://www.ecy.wa.gov/watershed/index.html.
<BR>
<BR> 5:16/03. 195 NEW CALIFORNIA WATER BODIES TO BE
<BR>ADDED TO 'IMPAIRED' LIST: At least 195 more California lakes,
<BR>rivers and waterways, including dozens of state beaches and
<BR>salmon-bearing streams, may soon be added to the list of water bodies
<BR>that are classed as "impaired" under section 303(d) of the federal Clean
<BR>Water Act (CWA), according to a 9 April San Francisco Chronicle
<BR>report. The proposed list of new water bodies would join the list of 507
<BR>other California water bodies already classed as "impaired" that the state
<BR>is already trying to clean up, most of which still do not have pollution
<BR>control plans in place. Once listed, the State of California must then
<BR>come up with TMDL ("total maximum daily load") pollutant maximum
<BR>standards, as well as pollution control plans, by 2012, a deadline ordered
<BR>by a federal court in a case originally brought by PCFFA in 1995. The
<BR>California State Water Resources Control Board (SWRCB) must first
<BR>vote to send the new list to the U.S. Environmental Protection Agency
<BR>(EPA) for inclusion under the federal Clean Water Act program, and
<BR>plans a series of public meetings before taking a vote at its September
<BR>2002 meeting. For more about the SWRCB effort to update its 303(d)
<BR>list of impaired water bodies, and for a hearing schedule for public input,
<BR>go to: http://www.swrcb.ca.gov/303dupdate.html. For the full Chronicle
<BR>article see:
<BR>http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/04/09
<BR>/state0535EDT0029.DTL&type=printable.
<BR>
<BR> 5:16/04. TEMPERATURE IMPAIRED CALIFORNIA SALMON
<BR>STREAMS GIVEN SHORT SHRIFT BY WATER BOARD: Six
<BR>California north coast salmon watersheds - Redwood Creek, Gualala
<BR>River, Big River, Russian River, Mad River and Ten Mile River - have
<BR>been put on a "watch list" by the State Water Resources Control Board
<BR>(SWRCB) for possible listing as temperature impaired under Section
<BR>303(d) of the federal Clean Water Act (CWA). The higher temperatures
<BR>are believed due to loss of riparian shade canopy and reduced in-stream
<BR>flows. The six were all recommended for listing, based on high water
<BR>temperatures in these waterways during critical times of the year
<BR>impacting fish populations, by the staff of the North Coast Regional
<BR>Water Board. The North Coast Board, however, under pressure from the
<BR>Farm Bureau, only agreed to list the Russian River, and that was
<BR>subsequently overturned by the SWRCB, which then placed all six on
<BR>the watch list described by Board watchers as "a kind of TMDL
<BR>purgatory." Additional information regarding temperature effects,
<BR>including some direct studies on Ten Mile and Big River, can be found
<BR>at: www.krisweb.com/stream/temp.htm.
<BR>
<BR> The temperature issue falls under Section 303 (d) of the Clean Water
<BR>Act that requires states to identify waters that do not meet applicable
<BR>water quality standards with technology-based controls alone. As defined
<BR>in the CWA and federal regulations, water quality standards include the
<BR>designated uses of a water body, adopted water quality criteria, and the
<BR>State anti-degradation policy. As defined in California's Porter-Cologne
<BR>Water Quality Control Act, water quality standards include beneficial
<BR>uses to be made of a water body (such as fisheries), and also water
<BR>quality objectives (both narrative and numeric) established along with
<BR>the State's nondegradation policy (SWRCB Resolution No.68-16). High
<BR>water temperature is one of the major factors, along with sedimentation,
<BR>low flows and migratory barriers, contributing to the decline of salmon
<BR>in many coastal watersheds along the California, Oregon and
<BR>Washington coasts.
<BR>
<BR> The SWRCB will hold a public hearing on 23 May to seek comments
<BR>on proposed revisions of the Clean Water Act Section 303(d) list of
<BR>water quality limited segments. For more information on the hearing and
<BR>the 2002 303(d) list update, go to:
<BR>http://www.swrcb.ca.gov/303dupdate.html
<BR>
<BR> 5:16/05. CALIFORNIA GOVERNOR SIGNS IMPAIRED
<BR>WATERWAYS LEGISLATION: On 8 April, California Governor Gray
<BR>Davis signed SB 469 by State Senator Dede Alpert (D-Coronado)
<BR>requiring the State Water Resources Control Board (SWRCB) to prepare
<BR>by 1 July 2003 and finalize by 1 January 2004 guidelines for listing and
<BR>delisting impaired waters of the state. The bill also calls for developing
<BR>and implementing the lagging Total Maximum Daily Load (TMDL)
<BR>program more expeditiously. SB 469 also requires the SWRCB, when
<BR>taking action on a water quality control plan (Basin Plan) amendment
<BR>that is submitted by a Regional Water Quality Control Board (RWQCB),
<BR>solely for a TMDL, to comply with the deadlines set forth in existing law
<BR>unless the proposed amendment is for an exceedingly complex TMDL.
<BR>For more information on SB 469, go to: www.leginfo.ca.gov.
<BR>
<BR> 5:16/06. NEW WETLANDS AND FISH PUBLICATION
<BR>AVAILABLE: Wetlands and Fish: Catch the Link, is the title of a new
<BR>publication jointly developed by the Izaak Walton League, National
<BR>Marine Fisheries Service (NMFS) and the U.S. Geological Survey
<BR>(USGS) Biological Resources Division. The document provides
<BR>information on how wetlands are important to fish throughout the U.S.
<BR>(an estimated 85 percent of the nation's commercially valuable fish are
<BR>wetlands dependent) and what fish might be in wetlands in a particular
<BR>local area. The text is geared to the general public, but the tables and
<BR>references will be of interest to fishermen and scientists as well. For a
<BR>free copy contact the NMFS Office of Habitat Conservation at (301)
<BR>713-2325 or susan.stedman@noaa.gov. Another wetlands publication to
<BR>see is "Fisheries, Wetlands & Jobs: The Value of Wetlands to America's
<BR>Fisheries" that was prepared by William Kier Associates for Clean
<BR>Water Network, PCFFA, Atlantic States Marine Fisheries Commission,
<BR>Coalition to Restore Coastal Louisiana, Campaign to Save California
<BR>Wetlands and Trout Unlimited. For a copy of that publication, e-mail a
<BR>request to PCFFAfish@aol.com or see: http://www.ifrfish.org/rpts.htm.
<BR>
<BR> 5:16/07. NEW REPORT FINDS COASTAL SPRAWL
<BR>THREATENS COASTAL OCEAN ECOSYSTEMS: On 16 April, the
<BR>Pew Oceans Commission released its latest scientific report on the state
<BR>of the nation's oceans, entitled "The Effects of Urban Design on Aquatic
<BR>Ecosystems in the United States." The fourth in a series of reports by the
<BR>independent commission, the report links over-development along the
<BR>coasts to the declining health of aquatic habitats. Although U.S. coastal
<BR>counties account for only 17 percent of the nation's area, they are home
<BR>to more than half the U.S. population. An additional 27 million people
<BR>are estimated to be funneling into this narrow corridor over the next 15
<BR>years. The report details the effects of poor urban design and land-use
<BR>practices on aquatic ecosystems in the United States and new strategies
<BR>and tools that communities may use to preserve the same ecosystems
<BR>that attract residents, tourists, and businesses to the coasts. For more
<BR>information or a copy of the report, go to: www.pewoceans.org.
<BR>
<BR> 5:16/08. CDFG ESTABLISHES HERRING WEBSITE: The
<BR>California Department of Fish & Game (CDFG) has established a new
<BR>website for the State's herring fishery. The new Internet site is intended
<BR>to provide reports, regulations and other information on the resource and
<BR>the fishery. CDFG is currently in the midst of the regulatory change
<BR>process for herring regulations that will be effective for the 2002-03
<BR>season. The proposals will be added to the web page when they are filed
<BR>with the California Fish & Game Commission. Although the proposals
<BR>are not online as of yet, individuals can view the calendar of regulatory
<BR>and environmental document changes scheduled. The California herring
<BR>fishery homepage is at: http://www.dfg.ca.gov/mrd/herring/. The
<BR>calendar for opportunities for public input on the herring fishery is at:
<BR>http://www.dfg.ca.gov/mrd/herring/calendar.html.
<BR>
<BR> 5:16/09. CALIFORNIA HERRING ASSOCIATION JOINS PCFFA:
<BR>At its 18 April meeting in San Francisco, the PCFFA Board of Directors
<BR>voted to accept the application by the California Herring Association for
<BR>membership in the Federation. For more information, e-mail:
<BR>PCFFAfish@aol.com.
<BR>
<BR> 5:16/10. ALASKA SEA GRANT RELEASES NEW PUBLICATION
<BR>ON HERRING FISHERY: Herring - Expectations for a New
<BR>Millennium (AK-SG-01-04), is the title of a new book published by the
<BR>University of Alaska's Sea Grant College Program. The book is based
<BR>on the proceedings of a February 2000 symposium held in Anchorage
<BR>and includes papers on herring fisheries from all over the world. There is
<BR>considerable information on Pacific rim herring fisheries, including a
<BR>paper by California Department of Fish & Game's Sara Peterson on
<BR>survival of herring eggs on kelp in San Francisco Bay. The cost of the
<BR>790-page book is $40.00 (US). For more information, contact Alaska
<BR>Sea Grant at (888) 789-0090 or go to: http://www.uaf.edu/seagrant/.
<BR>
<BR> 5:16/11. DEBATE CONTINUES ON FARM BILL; KLAMATH,
<BR>SEAFOOD LABELING ISSUES HANG ON CONFEREES: As of 19
<BR>April there has been no resolution by the House-Senate Conference
<BR>Committee in the U.S. Congress on the fate of this year's Farm Bill.
<BR>Much of the debate is over the level of subsidies that would be directed
<BR>to U.S. agriculture and the size of a farm conservation program. At least
<BR>two different fishery issues are at stake in this bill. One is the $175
<BR>million package for a comprehensive program to resolve Klamath Basin
<BR>water issues (see Sublegals, 5:07/05); this is the language that was
<BR>inserted by Senator Ron Wyden (D-OR). The other is the language
<BR>requiring labeling of seafood by country or origin and whether the fish is
<BR>wild or farmed (see Sublegals, 5:08/03) that was inserted by Senator Ted
<BR>Stevens (R-AK). Both the House and Senate bills contain mandatory
<BR>country of origin labeling provisions. The House calls for mandatory
<BR>country of origin labeling of produce (fruits and vegetables). The Senate
<BR>calls for labeling of fish, beef, pork, lamb, produce and peanuts. The
<BR>Senate language excludes processed meat products and includes the
<BR>requirement of labeling fish "wild" or "farm raised." For more
<BR>information on the labeling language, e-mail United Fishermen of
<BR>Alaska at: ufa1@ufa-fish.org, or go to: www.ufa-fish.org. An audio link
<BR>to the Farm Bill Conference Committee deliberations is also available at:
<BR>http://agriculture.house.gov/farmbill.htm.
<BR>
<BR> 5:16/12. EPA SETTLES LAWSUIT ON PESTICIDES THAT
<BR>THREATEN SALMON: In a settlement signed on 19 April, the U.S.
<BR>Environmental Protection Agency (EPA) agreed to formally consult with
<BR>the National Marine Fisheries Service (NMFS) and the U.S. Fish &
<BR>Wildlife Service (USFWS) on specific uses of eighteen chemical
<BR>poisons in California. They include how the pesticides are used in
<BR>forestry, on various fruit, nut, nursery and forage crops, highway and
<BR>utility rights-of-way and in irrigation canals. 18 pesticides will be
<BR>analyzed for effects in one or more of these usage sites in the habitat of
<BR>each of the seven salmon species and 33 forest plant species that
<BR>collectively are named in the settlement. The lawsuit, brought by
<BR>Californians for Alternatives to Toxics (CATS), Environmental
<BR>Protection Information Center (EPIC), and Humboldt Watershed
<BR>Council (HWC), targets some of the most commonly used pesticides
<BR>registered by the EPA including chlorpyrifos, diazinon, atrazine,
<BR>Roundup, and 2,4-D. This settlement follows on a similar lawsuit filed
<BR>against the California State Water Resources Control Board regarding
<BR>waivers allowing pesticide discharges into California waterways (see
<BR>Sublegals, 5:11/05).
<BR>
<BR> One of the pesticides targeted for analysis will be diazinon, which for
<BR>California lettuce crops application exceeded 112,000 pounds in 2000
<BR>according to the California Department of Pesticide Regulation.
<BR>Government agencies routinely detect diazinon in west coast rivers. The
<BR>EPA itself has determined that diazinon exceeds levels of concern for
<BR>toxicity and risk to endangered species. Another chemical in the
<BR>settlement is atrazine, the pesticide most commonly found in rain and
<BR>river water, which EPA acknowledges also exceeds its level of concern
<BR>for chronic toxicity to fish reproduction. Many endangered plants may be
<BR>at risk from glyphosate (Roundup) in its registered use patterns
<BR>(4,641,560 pounds recorded use in California in 2000), according to the
<BR>EPA. The settlement put on hold the lawsuit filed by CATS, EPIC and
<BR>HWC that challenged the EPA's failure to consult with NMFS and FWS
<BR>as required under the Endangered Species Act (ESA). Before the
<BR>settlement can become final, however, the EPA must post it on its
<BR>website and ask the public for comment on the proposed settlement.
<BR>Once comments have been received, the EPA will then decide whether
<BR>changes need be made to the settlement and it is only if the plaintiff
<BR>groups agree with any changes that the lawsuit will finally be resolved.
<BR>To see the settlement and sample maps, see
<BR>http://www.alternatives2toxics.org.
<BR>
<BR> 5:16/13. CALL FOR DONATIONS TO DEFEND AGAINST CRAB
<BR>"SLAPP" SUIT: The Treasurer for the "Crabbers Defense Fund,"
<BR>established to raise monies to defend three fishermen's marketing
<BR>associations and 12 individual crab fishermen (see Sublegals, 5:09/17;
<BR>5:06/09), in a "SLAPP" suit brought by a large trawler/crabber, is
<BR>renewing the call for donations to defend this litigation in federal court.
<BR>At stake is the ability of associations and their members to be able to
<BR>collectively bargain for a fair price for their fish. Bob Miller, who is
<BR>acting as Treasurer for the Fund, is asking crabbers and others belonging
<BR>to fishermen's associations to send their donations now, made out to:
<BR>"Crabbers Defense Fund" and mailed to P.O. Box 321, Bodega Bay, CA
<BR>94923.
<BR>
<BR> 5:16/14. NAVY LOW FREQUENCY SONAR A THREAT TO
<BR>MARINE FISH?: The U.S. Navy has developed an extremely powerful
<BR>(low frequency) sonar to detect "quiet" submarines, and it has applied for
<BR>a permit from the National Marine Fisheries Service (NMFS) to deploy
<BR>it. However, based on newly available scientific information, it has been
<BR>found that this low frequency sonar emits a shock wave that at 150 to
<BR>160 decibels can kill whales, other marine mammals and marine fish by
<BR>rupturing the membranes surrounding their lungs, swim bladder, brain
<BR>and auditory air spaces. The second lethal effect of the shock wave
<BR>involves the activation of supersaturated gas in marine animals' blood
<BR>and in their cells to form small bubbles which, like the "bends," can
<BR>block the flow of blood to the brain (causing stroke) and can rupture
<BR>their cell walls. This effect will be greatest in deep-diving animals (such
<BR>as bluefin tuna, swordfish, bigeye tuna and deep-diving whales) that
<BR>would have the highest levels of supersaturated gasses in their blood and
<BR>cells. The source level of this sonar is 240 decibels (equivalent to the
<BR>intensity of a Saturn rocket). However, because low frequency
<BR>underwater sound can travel hundreds of miles with little loss of power,
<BR>it may actually create a "kill zone" of several hundred miles in diameter,
<BR>according to some marine scientists. NATO naval exercises using low
<BR>frequency sonar conducted off Greece in 1996 killed whales that were
<BR>more than 100 kilometers away. In the Final Environmental Impact
<BR>Statement (FEIS) for its sonar system, the Navy admits that an intensity
<BR>of 160 decibels (a lethal level) would be felt several hundred miles away
<BR>from the source. This would create a "Kill Zone" the size of Texas.
<BR>
<BR> The Navy says it wants to deploy this sonar in 80% of the world's
<BR>oceans (omitting only the Arctic and Antarctic). It has already been or is
<BR>to be used in many areas that are prime habitat of marlin, swordfish,
<BR>bluefin tuna, mako sharks, bigeye tuna, sailfish, spearfish, wahoo,
<BR>yellowfin tuna and many other commercially important fish (and their
<BR>prey species). Such areas include the Bahamas, the continental shelf off
<BR>New Jersey, North Carolina, the Azores, Canary Islands, California and
<BR>Hawaii. During the spring-early summer, the deep channels between the
<BR>Bahamas and the larger Caribbean Islands are the center of spawning for
<BR>swordfish, white marlin and blue marlin of the North Atlantic Ocean.
<BR>These species' prime summer-fall feeding grounds include (1) the edge
<BR>of the continental shelf (between the 100 and 1000 fathom lines) from
<BR>just below Cape Hatteras, North Carolina, to the eastern tip of Georges
<BR>Bank off Massachusetts; (2) similar areas along the edge of the
<BR>continental shelf in the northern Gulf of Mexico; and (3) the Azores,
<BR>Madeira and the Canary Islands (following the extension of the Gulf
<BR>Stream as the Azores Current and then the Canary Current). The Navy
<BR>has not evaluated the consequences of its sonar on marine fish or
<BR>fisheries.
<BR>
<BR> The Navy cannot proceed unless it is issued a permit by NMFS,
<BR>which must consider the sonar's effects under authority of the Marine
<BR>Mammal Protection Act (MMPA) and the Endangered Species Act
<BR>(ESA). NMFS is in the final stages of making its determination, so time
<BR>is of the essence. On 4 April, the Biodiversity Legal Foundation (BLF)
<BR>and former NMFS scientist, James Chambers, submitted an analysis of
<BR>the new scientific information. It describes the severity of the effects of
<BR>low frequency sonar on not only marine mammals but also most species
<BR>of fish. Of particular concern are its effects on the world's large pelagic
<BR>species - billfish, tunas, sharks and their prey. A copy of the BLF letter
<BR>to NMFS' Director can be viewed at the following website:
<BR>http://www.chambers-associates.org.
<BR>
<BR> 5:16/15. JUDGE RULES THAT PACIFIC GROUNDFISH PLAN
<BR>FAILS TO ADDRESS BYCATCH REDUCTION: On 12 April, U.S.
<BR>Magistrate James Larson (USDC for the Northern District of California)
<BR>found the Pacific Fishery Management Council's (PFMC) and National
<BR>Marine Fisheries Service's (NMFS) "failure to minimize bycatch and
<BR>bycatch mortality is arbitrary, capricious and contrary to law" in their
<BR>fishery management plan (FMP) for Pacific groundfish. The lawsuit was
<BR>brought last year by the Natural Resources Defense Council (NRDC),
<BR>Ocean Conservancy and the Pacific Marine Conservation Council
<BR>(PMCC) with the help of commercial fishermen against the federal
<BR>agencies, alleging a violation of the Sustainable Fisheries Act for not
<BR>doing enough to reduce bycatch in the fishery and make it more
<BR>sustainable (see Sublegals, 3:26/13). The ruling means the PFMC and
<BR>NMFS will have to rewrite the Groundfish Plan and send out more
<BR>observers to collect better data. "This decision underscores the legal need
<BR>for a fully-funded, mandatory West Coast groundfish observer program,"
<BR>Scott Boley, a former PFMC member and commercial fisherman from
<BR>Gold Beach, Oregon, told the 17 April Daily Astorian. He added that
<BR>better research will ultimately enhance currently poor stock information,
<BR>now considered a serious obstacle to proper management. "Solving this
<BR>problem is central to sustaining our fisheries and the coastal
<BR>communities that depend upon fishing," said Peter Huhtala, Program
<BR>Director for PMCC.
<BR>
<BR> This is the third time in the past year that conservation and fishing
<BR>groups have won lawsuits against the government for mismanaging the
<BR>Pacific groundfish fishery, the Astorian reported. In August, Larson
<BR>ruled that NMFS had failed to make adequate allowances for bycatch in
<BR>setting quotas for groundfish. He also ruled that NMFS had violated
<BR>requirements for rebuilding plans for overfished species. To see the
<BR>complete 17 April Astorian report, go to:
<BR>http://www.dailyastorian.com/news//y129/207/1news.htm.
<BR>
<BR> 5:16/16. PFMC GROUNDFISH TEAM TO MEET: The Pacific
<BR>Fishery Management Council's (PFMC) Groundfish Management Team
<BR>(GMT) will meet 13-17 May at the National Marine Fisheries Service's
<BR>Southwest Fisheries Science Center, Santa Cruz Laboratory, 110 Shaffer
<BR>Road in Santa Cruz, California. The purpose of the meeting is to "plan
<BR>strategies to effectively aid the Council in managing 2002 West Coast
<BR>groundfish fisheries and Council initiatives expected to arise in 2002.
<BR>Additionally, the GMT will discuss groundfish management measures in
<BR>place for the spring and summer months, discuss recommended
<BR>management measures for 2003 fisheries, respond to assignments
<BR>relating to implementation of the Council's groundfish strategic plan,
<BR>review and consider technical aspects of draft stock rebuilding plans and
<BR>analyses, review new groundfish stock assessments and survey results,
<BR>and address other assignments relating to groundfish management." For
<BR>more information on this public meeting, go to:
<BR>http://www.pcouncil.org.
<BR>
<BR>NEWS, COMMENTS, CORRECTIONS: Submit your news items,
<BR>comments or any corrections to Allison Vogt, Editor at:
<BR>ifrfish@pacbell.net or call the IFR/PCFFA office with the news and a
<BR>source at either: (415) 561-FISH (Southwest Office) or (541) 689-2000
<BR>(Northwest Office).
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