[Fishlink] ~~>FISHLINK SUBLEGALS 4/26/02<~~
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PLEASE HELP SUPPORT THE SUBLEGALS NEWSLETTER.
To donate go to: www.sublegals.net. Sublegals is published free
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~~>FISHLINK SUBLEGALS 4/26/02<~~
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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. 17 26 APRIL
2002
##########################################################
"We all know what it is to have a half-warmed fish in us."
.........Reverend William Spooner
##########################################################
This week's issue of Sublegals is available in PDF format on the web at
www.sublegals.net. We have also pasted the text below for those who
still wish to read it through your email. In the coming weeks we will be
posting all past issues as well as a search engine. In addition to this new
look, we are continuing our Sublegals Fundraiser to support the Institute
for Fisheries Resources and the Pacific Coast Federation of Fishermen's
Associations in publishing this weekly newsletter free of charge. We
have recently passed our 100th issue, with very little funding, and are
looking to our readers to sustain the continuation of this effort. Go to
www.sublegals.net to donate to this effort. Thank you for your support
of community fisheries education.
##########################################################
IN THIS ISSUE.......
California Commercial Salmon Season Opens Mayday. 5:17/01.
Fishermen Sue For Klamath Salmon Survival, More
Spring Flows. 5:17/02.
Klamath Upper River BiOp Released, NMFS BiOp
Stuck. 5:17/03.
Farm Bill Klamath Money Dropped, Labeling Survives
In Part. 5:17/04.
NMFS Schedules National Meeting On IFQs In
Galveston, Texas. 5:15/14.
AND MORE......
##########################################################
5:17/01. CALIFORNIA COMMERCIAL SALMON SEASON
OPENS MAYDAY: They won't be dancing around May Poles on the
1st, but rather dropping the trolling poles, as California opens its ocean
troll salmon fishery on Wednesday. The state, which is historically the
largest producer of king (chinook) salmon along the U.S. west coast, is
expecting a better harvest than in recent years with fish this season as far
south as Santa Barbara and the opener extending north to Point Arena
for the first time in years. Oregon's commercial fishery opened 20
March (see Sublegals, 5:15/01), but the bulk of the troll king production
is expected out of California. Sport salmon fishing, which opens earlier,
has been good thus far -- particularly in Monterey Bay -- when weather
has permitted fishing. This season's troll opener, extending to Point
Arena, allows fishing off San Francisco and Bodega Bay and will help
spread the catch out along the coast. In previous years, openers extended
only as far north at Point San Pedro (south of San Francisco)
concentrating the fleet off Half Moon Bay, Monterey Bay and Morro
Bay. The Point Arena opener this year is the result of favorable
predictions for Klamath stocks, due to better flow conditions in that river
system in the past few years coupled with good oceanic conditions, and a
new Klamath stock prediction model.
As of the time of this writing, negotiations among the marketing
associations and fish processors for an ex-vessel price had not been
completed, but prices are expected to initially hit the $2.00 range to
fishermen. In Oregon, some buyers were paying ex-vessel prices in the
neighborhood of $3.00 per pound. Approximately 90 percent of the
salmon harvested offshore California and Oregon are expected to be of
abundant Sacramento River fall-run chinook. California wild
troll-caught kings are on the "Seafood Watch" guide for consumers as a
"best choice" along with Alaskan wild salmon. To see the latest
"Seafood Watch," go to: www.montereybayaquarium.org. For more
information on the California salmon fishery, go to:
www.californiasalmon.org.
5:17/02. FISHERMEN SUE FOR KLAMATH SALMON
SURVIVAL, MORE SPRING FLOWS: On 24 April, commercial
fishermen represented by PCFFA filed a lawsuit in Federal Court in
Oakland (USDC for the Northern District of California) seeking an
emergency injunction to require additional water to be left in the Lower
Klamath River by the U.S. Bureau of Reclamation (BOR) during the
month of May. The Bureau, operating based on a two-month "letter of
concurrence" issued by the National Marine Fisheries Service (NMFS)
for the months of April and May, cut flows in the Lower Klamath River
to less than those provided for in last year's Klamath Basin drought (see
Sublegals, 5:14/02; 5:13/02).
By 26 April, BOR had cut flows to a mere 1350 cubic feet per second
(cfs), at least 350 cfs less than the amount required during the
near-record 2001 drought as the "minimum required to prevent
extinction," and less than one half what the best available science
indicates is optimal for salmon survival. The Bureau action occurred
even with significantly more rainfall in the Klamath Basin this year as
compared to last year's drought. Spring flows are critical for
out-migrating salmon and steelhead, including the Klamath Basin coho
salmon that are listed as threatened under the federal Endangered
Species Act (ESA). PCFFA and IFR were joined by the Wilderness
Society, WaterWatch of Oregon, North Coast Environmental Center,
Oregon Natural Resources Council, Defenders of Wildlife, and the
Klamath Forest Alliance in the lawsuit, which is being handled by
Earthjustice Legal Defense.
The lawsuit, though limited to the issue of the Spring flows, is the
first court challenge of BOR's proposed 10-year Klamath Project water
plan, which has been criticized by downriver fishermen, as well as the
California Department of Fish & Game (CDFG), as likely to have
devastating impacts on downriver salmon fisheries. In a 8 February
letter to the Bureau, CDFG stated: "We believe the BOR's proposed
extreme reductions in Klamath River flows will severely and
significantly reduce the potential success of much of the restoration
efforts [in the lower Klamath Basin] by eliminating critical mainstem
rearing habitat that all juvenile anadromous fish produced in the
Klamath Basin must use while migrating to the ocean.... Proposed flows
will seriously jeopardize the DFG's operation of Iron Gate Hatchery and
our ability to meet the annual production goals intended to mitigate for
the loss of natural production above Iron Gate Dam mandated by the
U.S. Supreme Court in 1966" (see Sublegals 5:14/02). The case has been
assigned to Judge Sandra Armstrong, the same judge that issued an
injunction against BOR in 2001 for its failure to provide protection for
downriver salmon runs. A ruling on the emergency petition is expected
on 3 May. For more information, go to: www.pcffa.org or contact Glen
Spain, PCFFA Northwest Office, (541) 689-2000.
5:17/03. KLAMATH UPPER RIVER BIOP RELEASED, NMFS
BIOP STUCK IN FIGHT BETWEEN AGENCIES: On 25 April, the
U.S. Fish & Wildlife Service (USFWS) released its Draft Biological
Opinion (BiOp) on the impact of the Klamath Water Project on the
Upper Klamath Basin fish species and bald eagles, indicating that the
U.S. Bureau of Reclamation's (BOR) proposed 10-year water plan, in its
present form, would cause "jeopardy" (i.e., ultimate extinction) of the
Upper Klamath Basin Lost River and short-nosed sucker species as well
as adverse modification of proposed critical habitat. The "jeopardy
opinion" is a blow to the BOR water plan, but almost inevitable
according to the best available science.
The USFWS Draft BiOp noted a number of actions which need to be
taken to mitigate the impacts of the Klamath Water Project, particularly
the screening of the many water diversions which are known to suck
larval and juvenile fish to their death in large numbers in irrigation
ditches. BOR's own Biological Assessment of 25 February identified
221 water diversions within the Project area, of which only one has ever
been screened. The largest source of entrainment is at the BOR's
A-Canal (the major irrigation water diversion from Upper Klamath
Lake) in which an estimated 1.7 to 3 million juvenile suckers and
between 47,000 and 250,000 juvenile and adult fish were entrained
during the years 1997-98 according to citations in that document. The
Bureau is currently planning to complete screening of the A-Canal late
next year. Additional measures to improve overall water quality were
also required, but based on the Interim Report of the National Research
Council (NRC) (see Sublegals 5:06/01), higher lake levels were not
required by the USFWS BiOp except in dry and critically dry years. An
"adaptive management" regime of additional research and monitoring,
however, will be required to add to the limited data. For a copy of the
Biological Opinion go to: www.mp.usbr.gov/kbao. See also the 26 April
Los Angeles Times article at:
http://www.latimes.com/news/local/la-000029607apr26.story.
The Lower Klamath River Biological Opinion for coho salmon has
yet to be released, and is reputed to be caught in the cross-fire between
high ranking Department of Interior officials who do not like its
implications for Klamath Project irrigation water users and the National
Marine Fisheries Service, which, so far, is defending its numbers as
based on the best available science.
5:17/04. FARM BILL CONFERENCE COMPLETED, KLAMATH
MONEY DROPPED, LABELING SURVIVES IN PART: The House
and Senate Conference Committee on this year's Farm Bill, currently
before the U.S. Congress, has completed its work with mixed results.
Most disappointing, the $175 million earmarked for Klamath Basin
ecosystem restoration efforts (Sublegals 5:07/05) that passed in the
Senate version (S. 1731) was summarily dropped out of the bill at the
insistence of the House conferees. The 26 April Oregonian laid the
blame for this loss on the Klamath Water User's Association, which,
through Representative Greg Walden (R-OR), tried to offer alternative
language to the original negotiated by the four Oregon and California
Senators. Walden' s substitute would have commandeered the money
primarily for the Upper Klamath Basin and put it under the control of the
irrigators (see Sublegals 5:11/02). The Walden Amendment was a
'poison pill' effort to gut the Senate language by Senator Ron Wyden
(D-OR). To see the complete 26 Oregonian article on the Klamath Farm
Bill provisions, go to: http://www.oregonlive.com/news/oregonian/
index.ssf?/xml/story.ssf/html_standard.xsl?/base/front_page/
10198222264166250.xml. At press time, Senator Wyden's office was
working on efforts to earmark other Farm Bill conservation funding for
Klamath restoration projects, but the outcome of these efforts was still
very much in doubt. For additional information, see the 28 April
Oregonian editorial on the Klamath at: http://www.oregonlive.com/
editorials/oregonian/index.ssf?/xml/story.ssf/html_standard.xsl?/base/edi
torial/1019908561426876.xml.
In another disappointing move, the seafood labeling provision in the
Senate version of the Farm Bill (Sublegals 5:08/03; 5:16/11) was cut
back considerably, with country of origin labeling retained but not to
take effect for another two years. It is still uncertain whether Senator
Ted Stevens' (R-AK) language requiring a labeling distinction to be
made between "wild" and "farmed" salmon survived. Stevens' language
was strongly supported by Alaska and Northwest commercial salmon
fishermen whose markets are being threatened by massive dumping of
farmed salmon on U.S. markets, mostly from Chile. It had additional
support from food safety, consumer and conservation groups.
5:17/05. GROUPS PETITION FOR SALMON RELISTING
WITHOUT HATCHERY FISH: On 25 April, a coalition of fishing and
conservation groups (including both PCFFA and IFR) submitted formal
petitions to the National Marine Fisheries Service (NMFS) to re-list 14
different west coast salmon runs under the federal Endangered Species
Act (ESA). The re-listing, however, would be on a different basis,
omitting hatchery fish entirely from the genetic conservation unit used.
At present, many of these genetic conservation units (called
"evolutionarily significant units" or "ESUs") include hatchery produced
stocks, a confusion which has caused at least one federal court, in the
Alsea Valley Alliance case (see Sublegals 4:11/02; 4:18/02; 4:19/05;
4:20/08; 4:25/19) to invalidate an existing ESA listing, though that
listing (for the Oregon coastal coho) was later restored pending appeal.
After the Alsea Valley ruling, landowner advocates seized on the
decision as a tool to remove most or all of the 24 salmon ESUs from the
ESA list by filing numerous delisting petitions and lawsuits, starting
with those ESA-listed coho salmon in the Klamath Basin. NMFS is
currently in the middle of a status review on all 24 existing listings. For
more on the petitions, contact Kaitlin Lovell at (503) 827-5700, ext. 13.
See the 26 April Oregonian article at: http://www.oregonlive.com/
morenews/oregonian/index.ssf?/xml/story.ssf/html_standard.xsl?/base/n
ews/10198222034166187.xml. Under ESA rules, NMFS now has 90
days to decide whether to accept or reject the petitions for re-listing, and
if accepted another 12 months within which to make a decision.
5:17/06. CANADIAN FISH FARMS MORATORIUM LIFTING
DELAYED: British Columbia Fisheries Minister John van Dongen
announced 26 April that the provincial government still plans to lift the
current permit moratorium on additional farm fish operations.
However, he said finalizing regulations that deal with the most
controversial aspects of fish farming, including escapes and the
discharge of pollutants, had taken longer than expected. The plans to lift
the moratorium on 30 April have consequently been delayed. There are
121 tenured salmon farm licenses in British Columbia, and about 80
operating farms. The moratorium was established in 1995 because of
concerns over widespread escapes of farmed Atlantic salmon into
regional streams, as well as environmental issues such as transmission of
disease to wild Pacific salmon stocks (many of which are already
seriously reduced in numbers), as well as pollution emanating from the
fish farm netpens.
Scientists within the Department of Fisheries & Oceans (DFO) have
also been critical of the government's efforts to lift the moratorium,
noting that many of these problems still exist. The salmon aquaculture
industry is pressing for licensing of from 10 to 15 new farms each year
for the next decade, which would roughly quadruple the current output
of farmed salmon from the Province. For more, see the Vancouver Sun
article at:
http://www.canada.com/search/site/story.asp?id=466CF7FF-9999-43BA
-A7D2-FF27EBD20AD4.
5:17/07. NEW SALMON MODEL NEEDS DATA: The PCFFA
Salmon Strategy Team urges all west coast salmon trollers to provide
dockside samplers in California, Oregon and Washington with their most
accurate information, especially areas fished, days fished, and number of
salmon released. State and federal biologists hope to incorporate current
fishery information into the new Klamath Ocean Harvest Model
(KOHM) and Coho Fishery Regulatory Assessment Model (FRAM).
However, this will only be feasible if the commercial industry works
collaboratively with fishery managers to provide them with the most
accurate information possible. For more information on the new data
collection systems contact: Melodie Palmer-Zwahlen, Associate Marine
Biologist, Ocean Salmon Project, California Department of Fish &
Game, Marine Region-Healdsburg, CA (707) 431-2687.
The California Department of Fish & Game (CDFG) is also looking
for volunteers to carry onboard observers during the newly restored July
and August Fort Bragg commercial fisheries. Since this is the first time
since 1990 that commercial fishing has even been allowed during these
months in Fort Bragg, CDFG is interested in collecting pertinent fishery
data that actually reflects the fishery as it is today, instead of using
historical data from the 70s and 80s. All CDFG observers have
completed at-sea survival training and are equipped with their own
survival suits and EPIRBs. If you are going to participate in that fishery
and are interested in taking an observer, please contact Jack Carlson at
the Fort Bragg Salmon Troller's Marketing Association, (707) 964-5500,
or alternatively contact him at his home number at (707) 937-4395.
5:17/08. CALIFORNIA SCHEDULES CONFORMATION
HEARINGS ON FEDERAL SALMON AND GROUNDFISH
REGULATIONS: The California Department of Fish & Game (CDFG)
has scheduled two public information hearings on the conformation of
state and federal regulations affecting the State's salmon and groundfish
fisheries. Regulations for the two fisheries affecting California have
been adopted by the Pacific Fishery Management Council (PFMC) and
approved by the National Marine Fisheries Service (NMFS). For more
information go the PFMC website at: www.pcouncil.org or the CDFG
website at: www.dfg.ca.gov/mrd/index.html.
5:17/09. PFMC SCHEDULES GROUNDFISH MEETINGS: The
Pacific Fishery Management Council (PFMC) has scheduled meetings of
two of its groundfish committees for May. On 8-9 May the Groundfish
Environmental Impact Statement Oversight Committee will hold a
public working meeting of the draft Groundfish Supplemental
Environmental Impact Statement (SEIS). This meeting, which begins at
0800 HRS on the 8th, will be held at the PFMC West Conference Room,
7700 NE Ambassador Place, Suite 200, in Portland, Oregon. Later in
the month on the 21st, the Ad Hoc Allocation Committee to Develop
Preliminary Options for 2003 Pacific Groundfish Allocations will hold a
conference call between locations in Sacramento, Portland, Olympia and
Seattle. For more information on participating in the teleconference,
contact Carolyn Porter at (503) 326-6352. For more information on the
two groundfish meetings, go to the PFMC website at:
www.pcouncil.org.
5:17/10. NEW WEBSITE OF HISTORIC PACIFIC COAST
FISHING VESSELS: A new website has been established publishing the
pictures of thousands of historic fishing vessels from San Diego to
Alaska. The website operator, Scott Holmstedt, reports the website is
still accepting pictures of fishing vessels from fishermen. For more
information, contact him at: fishboats@hotmail.com. To visit the
collection of historic photos, go to: http://www.historicfishing.net.
5:17/11. NMFS SCHEDULES NATIONAL MEETING ON IFQS IN
GALVESTON, TEXAS: The H. John Heinz III Center for Science,
Economics & the Environment, at the request of the National Marine
Fisheries Service (NMFS), will host a meeting of selected participants
from the commercial fishing and fish processing sector, academia and
environmental groups, to discuss quota allocation programs (i.e.,
Individual Fishing Quotas, Processor Quotas, Community Development
Quotas) as options for fishery management. In recent testimony to
Congress, NMFS has come out in support of IFQ programs and favors
leaving the details of such programs (i.e., no national standards for IFQs)
up to regional fishery councils. The Heinz Center will make the meeting
open to the public, but the working groups are limited to those Heinz and
NMFS have selected. PCFFA and a number of other major fishing
groups around the nation, whose members would be affected by IFQ
programs, were not invited. The public, therefore, who are able to travel
to Galveston, may attend as observers only and submit written
statements to the "stakeholder" meetings of 7-8 May, but may not
participate. The open meeting will convene at 0900 HRS on Monday, 6
May. Small working sessions to solicit views and debate issues among
the pre-determined participants will continue on 7-8 May. The meeting
will be held at The Tremont House Hotel, 2300 Ship Mechanic Row in
Galveston, Texas. For more information, contact either Mary Hope
Katsouros or Laurie Allen at (202) 737-6307.
5:17/12. COAST GUARD SEEKS APPLICANTS FOR NATIONAL
FISHING VESSEL SAFETY COMMITTEE: The U.S. Coast Guard is
seeking applications for appointment to the Commercial Fishing Industry
Vessel Advisory Committee (CFIVAC), established pursuant to the
Commercial Fishing Industry Vessel Safety Act of 1988. The
Committee is comprised of 17 members who serve 3-year terms.
Applications for six of those seats that become vacant in October are
now being considered in the following categories: commercial fishing
industry (four positions); general public (one position); and equipment
manufacturer (one position). The deadline for applications is 5 July. To
request an application, write: Commandant (G-MOC-3), U.S. Coast
Guard, Attn: Thomas Hummer, 2100 2nd St. SW, Washington, DC
20593-001. For more information, contact Kevin Frost at:
Kfrost@comdt.uscg.mil, or Thomas Hummer at:
Thummer@comdt.uscg.mil.
5:17/13. CALIFORNIA FISH & GAME COMMISSION TO MEET
IN FRESNO: The California Fish & Game Commission will meet 7-8
May in Fresno. The first day of the meeting will be a joint session with
the California Board of Forestry & Fire Protection. On the 8th, the
Commission will meet at the Radisson Hotel, 2233 Ventura Street in
Fresno beginning at 0800 HRS. Fishery items on the agenda include
consideration of the final environmental document for the white sea bass
fishery, biennial report on winter-run chinook salmon, the revised draft
Nearshore Fishery Management Plan, control dates for the nearshore
limited access program, and a report on the spot prawn fishery observer
program. For more information, go to the Commission website at:
http://www.dfg.ca.gov/fg_comm/.
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 4/26/02<~~
<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. 17 26 APRIL 2002
<BR>##########################################################
<BR>"We all know what it is to have a half-warmed fish in us."
<BR> .........Reverend William Spooner
<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>IN THIS ISSUE.......
<BR>
<BR>California Commercial Salmon Season Opens Mayday. 5:17/01.
<BR>
<BR>Fishermen Sue For Klamath Salmon Survival, More
<BR>Spring Flows. 5:17/02.
<BR>
<BR>Klamath Upper River BiOp Released, NMFS BiOp
<BR>Stuck. 5:17/03.
<BR>
<BR>Farm Bill Klamath Money Dropped, Labeling Survives
<BR>In Part. 5:17/04.
<BR>
<BR>NMFS Schedules National Meeting On IFQs In
<BR>Galveston, Texas. 5:15/14.
<BR>
<BR>AND MORE......
<BR>##########################################################
<BR> 5:17/01. CALIFORNIA COMMERCIAL SALMON SEASON
<BR>OPENS MAYDAY: They won't be dancing around May Poles on the
<BR>1st, but rather dropping the trolling poles, as California opens its ocean
<BR>troll salmon fishery on Wednesday. The state, which is historically the
<BR>largest producer of king (chinook) salmon along the U.S. west coast, is
<BR>expecting a better harvest than in recent years with fish this season as far
<BR>south as Santa Barbara and the opener extending north to Point Arena
<BR>for the first time in years. Oregon's commercial fishery opened 20
<BR>March (see Sublegals, 5:15/01), but the bulk of the troll king production
<BR>is expected out of California. Sport salmon fishing, which opens earlier,
<BR>has been good thus far -- particularly in Monterey Bay -- when weather
<BR>has permitted fishing. This season's troll opener, extending to Point
<BR>Arena, allows fishing off San Francisco and Bodega Bay and will help
<BR>spread the catch out along the coast. In previous years, openers extended
<BR>only as far north at Point San Pedro (south of San Francisco)
<BR>concentrating the fleet off Half Moon Bay, Monterey Bay and Morro
<BR>Bay. The Point Arena opener this year is the result of favorable
<BR>predictions for Klamath stocks, due to better flow conditions in that river
<BR>system in the past few years coupled with good oceanic conditions, and a
<BR>new Klamath stock prediction model.
<BR>
<BR> As of the time of this writing, negotiations among the marketing
<BR>associations and fish processors for an ex-vessel price had not been
<BR>completed, but prices are expected to initially hit the $2.00 range to
<BR>fishermen. In Oregon, some buyers were paying ex-vessel prices in the
<BR>neighborhood of $3.00 per pound. Approximately 90 percent of the
<BR>salmon harvested offshore California and Oregon are expected to be of
<BR>abundant Sacramento River fall-run chinook. California wild
<BR>troll-caught kings are on the "Seafood Watch" guide for consumers as a
<BR>"best choice" along with Alaskan wild salmon. To see the latest
<BR>"Seafood Watch," go to: www.montereybayaquarium.org. For more
<BR>information on the California salmon fishery, go to:
<BR>www.californiasalmon.org.
<BR>
<BR> 5:17/02. FISHERMEN SUE FOR KLAMATH SALMON
<BR>SURVIVAL, MORE SPRING FLOWS: On 24 April, commercial
<BR>fishermen represented by PCFFA filed a lawsuit in Federal Court in
<BR>Oakland (USDC for the Northern District of California) seeking an
<BR>emergency injunction to require additional water to be left in the Lower
<BR>Klamath River by the U.S. Bureau of Reclamation (BOR) during the
<BR>month of May. The Bureau, operating based on a two-month "letter of
<BR>concurrence" issued by the National Marine Fisheries Service (NMFS)
<BR>for the months of April and May, cut flows in the Lower Klamath River
<BR>to less than those provided for in last year's Klamath Basin drought (see
<BR>Sublegals, 5:14/02; 5:13/02).
<BR>
<BR> By 26 April, BOR had cut flows to a mere 1350 cubic feet per second
<BR>(cfs), at least 350 cfs less than the amount required during the
<BR>near-record 2001 drought as the "minimum required to prevent
<BR>extinction," and less than one half what the best available science
<BR>indicates is optimal for salmon survival. The Bureau action occurred
<BR>even with significantly more rainfall in the Klamath Basin this year as
<BR>compared to last year's drought. Spring flows are critical for
<BR>out-migrating salmon and steelhead, including the Klamath Basin coho
<BR>salmon that are listed as threatened under the federal Endangered
<BR>Species Act (ESA). PCFFA and IFR were joined by the Wilderness
<BR>Society, WaterWatch of Oregon, North Coast Environmental Center,
<BR>Oregon Natural Resources Council, Defenders of Wildlife, and the
<BR>Klamath Forest Alliance in the lawsuit, which is being handled by
<BR>Earthjustice Legal Defense.
<BR>
<BR> The lawsuit, though limited to the issue of the Spring flows, is the
<BR>first court challenge of BOR's proposed 10-year Klamath Project water
<BR>plan, which has been criticized by downriver fishermen, as well as the
<BR>California Department of Fish & Game (CDFG), as likely to have
<BR>devastating impacts on downriver salmon fisheries. In a 8 February
<BR>letter to the Bureau, CDFG stated: "We believe the BOR's proposed
<BR>extreme reductions in Klamath River flows will severely and
<BR>significantly reduce the potential success of much of the restoration
<BR>efforts [in the lower Klamath Basin] by eliminating critical mainstem
<BR>rearing habitat that all juvenile anadromous fish produced in the
<BR>Klamath Basin must use while migrating to the ocean.... Proposed flows
<BR>will seriously jeopardize the DFG's operation of Iron Gate Hatchery and
<BR>our ability to meet the annual production goals intended to mitigate for
<BR>the loss of natural production above Iron Gate Dam mandated by the
<BR>U.S. Supreme Court in 1966" (see Sublegals 5:14/02). The case has been
<BR>assigned to Judge Sandra Armstrong, the same judge that issued an
<BR>injunction against BOR in 2001 for its failure to provide protection for
<BR>downriver salmon runs. A ruling on the emergency petition is expected
<BR>on 3 May. For more information, go to: www.pcffa.org or contact Glen
<BR>Spain, PCFFA Northwest Office, (541) 689-2000.
<BR>
<BR> 5:17/03. KLAMATH UPPER RIVER BIOP RELEASED, NMFS
<BR>BIOP STUCK IN FIGHT BETWEEN AGENCIES: On 25 April, the
<BR>U.S. Fish & Wildlife Service (USFWS) released its Draft Biological
<BR>Opinion (BiOp) on the impact of the Klamath Water Project on the
<BR>Upper Klamath Basin fish species and bald eagles, indicating that the
<BR>U.S. Bureau of Reclamation's (BOR) proposed 10-year water plan, in its
<BR>present form, would cause "jeopardy" (i.e., ultimate extinction) of the
<BR>Upper Klamath Basin Lost River and short-nosed sucker species as well
<BR>as adverse modification of proposed critical habitat. The "jeopardy
<BR>opinion" is a blow to the BOR water plan, but almost inevitable
<BR>according to the best available science.
<BR>
<BR> The USFWS Draft BiOp noted a number of actions which need to be
<BR>taken to mitigate the impacts of the Klamath Water Project, particularly
<BR>the screening of the many water diversions which are known to suck
<BR>larval and juvenile fish to their death in large numbers in irrigation
<BR>ditches. BOR's own Biological Assessment of 25 February identified
<BR>221 water diversions within the Project area, of which only one has ever
<BR>been screened. The largest source of entrainment is at the BOR's
<BR>A-Canal (the major irrigation water diversion from Upper Klamath
<BR>Lake) in which an estimated 1.7 to 3 million juvenile suckers and
<BR>between 47,000 and 250,000 juvenile and adult fish were entrained
<BR>during the years 1997-98 according to citations in that document. The
<BR>Bureau is currently planning to complete screening of the A-Canal late
<BR>next year. Additional measures to improve overall water quality were
<BR>also required, but based on the Interim Report of the National Research
<BR>Council (NRC) (see Sublegals 5:06/01), higher lake levels were not
<BR>required by the USFWS BiOp except in dry and critically dry years. An
<BR>"adaptive management" regime of additional research and monitoring,
<BR>however, will be required to add to the limited data. For a copy of the
<BR>Biological Opinion go to: www.mp.usbr.gov/kbao. See also the 26 April
<BR>Los Angeles Times article at:
<BR>http://www.latimes.com/news/local/la-000029607apr26.story.
<BR>
<BR> The Lower Klamath River Biological Opinion for coho salmon has
<BR>yet to be released, and is reputed to be caught in the cross-fire between
<BR>high ranking Department of Interior officials who do not like its
<BR>implications for Klamath Project irrigation water users and the National
<BR>Marine Fisheries Service, which, so far, is defending its numbers as
<BR>based on the best available science.
<BR>
<BR> 5:17/04. FARM BILL CONFERENCE COMPLETED, KLAMATH
<BR>MONEY DROPPED, LABELING SURVIVES IN PART: The House
<BR>and Senate Conference Committee on this year's Farm Bill, currently
<BR>before the U.S. Congress, has completed its work with mixed results.
<BR>Most disappointing, the $175 million earmarked for Klamath Basin
<BR>ecosystem restoration efforts (Sublegals 5:07/05) that passed in the
<BR>Senate version (S. 1731) was summarily dropped out of the bill at the
<BR>insistence of the House conferees. The 26 April Oregonian laid the
<BR>blame for this loss on the Klamath Water User's Association, which,
<BR>through Representative Greg Walden (R-OR), tried to offer alternative
<BR>language to the original negotiated by the four Oregon and California
<BR>Senators. Walden' s substitute would have commandeered the money
<BR>primarily for the Upper Klamath Basin and put it under the control of the
<BR>irrigators (see Sublegals 5:11/02). The Walden Amendment was a
<BR>'poison pill' effort to gut the Senate language by Senator Ron Wyden
<BR>(D-OR). To see the complete 26 Oregonian article on the Klamath Farm
<BR>Bill provisions, go to: http://www.oregonlive.com/news/oregonian/
<BR>index.ssf?/xml/story.ssf/html_standard.xsl?/base/front_page/
<BR>10198222264166250.xml. At press time, Senator Wyden's office was
<BR>working on efforts to earmark other Farm Bill conservation funding for
<BR>Klamath restoration projects, but the outcome of these efforts was still
<BR>very much in doubt. For additional information, see the 28 April
<BR>Oregonian editorial on the Klamath at: http://www.oregonlive.com/
<BR>editorials/oregonian/index.ssf?/xml/story.ssf/html_standard.xsl?/base/edi
<BR>torial/1019908561426876.xml.
<BR>
<BR> In another disappointing move, the seafood labeling provision in the
<BR>Senate version of the Farm Bill (Sublegals 5:08/03; 5:16/11) was cut
<BR>back considerably, with country of origin labeling retained but not to
<BR>take effect for another two years. It is still uncertain whether Senator
<BR>Ted Stevens' (R-AK) language requiring a labeling distinction to be
<BR>made between "wild" and "farmed" salmon survived. Stevens' language
<BR>was strongly supported by Alaska and Northwest commercial salmon
<BR>fishermen whose markets are being threatened by massive dumping of
<BR>farmed salmon on U.S. markets, mostly from Chile. It had additional
<BR>support from food safety, consumer and conservation groups.
<BR>
<BR> 5:17/05. GROUPS PETITION FOR SALMON RELISTING
<BR>WITHOUT HATCHERY FISH: On 25 April, a coalition of fishing and
<BR>conservation groups (including both PCFFA and IFR) submitted formal
<BR>petitions to the National Marine Fisheries Service (NMFS) to re-list 14
<BR>different west coast salmon runs under the federal Endangered Species
<BR>Act (ESA). The re-listing, however, would be on a different basis,
<BR>omitting hatchery fish entirely from the genetic conservation unit used.
<BR>At present, many of these genetic conservation units (called
<BR>"evolutionarily significant units" or "ESUs") include hatchery produced
<BR>stocks, a confusion which has caused at least one federal court, in the
<BR>Alsea Valley Alliance case (see Sublegals 4:11/02; 4:18/02; 4:19/05;
<BR>4:20/08; 4:25/19) to invalidate an existing ESA listing, though that
<BR>listing (for the Oregon coastal coho) was later restored pending appeal.
<BR>After the Alsea Valley ruling, landowner advocates seized on the
<BR>decision as a tool to remove most or all of the 24 salmon ESUs from the
<BR>ESA list by filing numerous delisting petitions and lawsuits, starting
<BR>with those ESA-listed coho salmon in the Klamath Basin. NMFS is
<BR>currently in the middle of a status review on all 24 existing listings. For
<BR>more on the petitions, contact Kaitlin Lovell at (503) 827-5700, ext. 13.
<BR>See the 26 April Oregonian article at: http://www.oregonlive.com/
<BR>morenews/oregonian/index.ssf?/xml/story.ssf/html_standard.xsl?/base/n
<BR>ews/10198222034166187.xml. Under ESA rules, NMFS now has 90
<BR>days to decide whether to accept or reject the petitions for re-listing, and
<BR>if accepted another 12 months within which to make a decision.
<BR>
<BR> 5:17/06. CANADIAN FISH FARMS MORATORIUM LIFTING
<BR>DELAYED: British Columbia Fisheries Minister John van Dongen
<BR>announced 26 April that the provincial government still plans to lift the
<BR>current permit moratorium on additional farm fish operations.
<BR>However, he said finalizing regulations that deal with the most
<BR>controversial aspects of fish farming, including escapes and the
<BR>discharge of pollutants, had taken longer than expected. The plans to lift
<BR>the moratorium on 30 April have consequently been delayed. There are
<BR>121 tenured salmon farm licenses in British Columbia, and about 80
<BR>operating farms. The moratorium was established in 1995 because of
<BR>concerns over widespread escapes of farmed Atlantic salmon into
<BR>regional streams, as well as environmental issues such as transmission of
<BR>disease to wild Pacific salmon stocks (many of which are already
<BR>seriously reduced in numbers), as well as pollution emanating from the
<BR>fish farm netpens.
<BR>
<BR> Scientists within the Department of Fisheries & Oceans (DFO) have
<BR>also been critical of the government's efforts to lift the moratorium,
<BR>noting that many of these problems still exist. The salmon aquaculture
<BR>industry is pressing for licensing of from 10 to 15 new farms each year
<BR>for the next decade, which would roughly quadruple the current output
<BR>of farmed salmon from the Province. For more, see the Vancouver Sun
<BR>article at:
<BR>http://www.canada.com/search/site/story.asp?id=466CF7FF-9999-43BA
<BR>-A7D2-FF27EBD20AD4.
<BR>
<BR> 5:17/07. NEW SALMON MODEL NEEDS DATA: The PCFFA
<BR>Salmon Strategy Team urges all west coast salmon trollers to provide
<BR>dockside samplers in California, Oregon and Washington with their most
<BR>accurate information, especially areas fished, days fished, and number of
<BR>salmon released. State and federal biologists hope to incorporate current
<BR>fishery information into the new Klamath Ocean Harvest Model
<BR>(KOHM) and Coho Fishery Regulatory Assessment Model (FRAM).
<BR>However, this will only be feasible if the commercial industry works
<BR>collaboratively with fishery managers to provide them with the most
<BR>accurate information possible. For more information on the new data
<BR>collection systems contact: Melodie Palmer-Zwahlen, Associate Marine
<BR>Biologist, Ocean Salmon Project, California Department of Fish &
<BR>Game, Marine Region-Healdsburg, CA (707) 431-2687.
<BR>
<BR> The California Department of Fish & Game (CDFG) is also looking
<BR>for volunteers to carry onboard observers during the newly restored July
<BR>and August Fort Bragg commercial fisheries. Since this is the first time
<BR>since 1990 that commercial fishing has even been allowed during these
<BR>months in Fort Bragg, CDFG is interested in collecting pertinent fishery
<BR>data that actually reflects the fishery as it is today, instead of using
<BR>historical data from the 70s and 80s. All CDFG observers have
<BR>completed at-sea survival training and are equipped with their own
<BR>survival suits and EPIRBs. If you are going to participate in that fishery
<BR>and are interested in taking an observer, please contact Jack Carlson at
<BR>the Fort Bragg Salmon Troller's Marketing Association, (707) 964-5500,
<BR>or alternatively contact him at his home number at (707) 937-4395.
<BR>
<BR> 5:17/08. CALIFORNIA SCHEDULES CONFORMATION
<BR>HEARINGS ON FEDERAL SALMON AND GROUNDFISH
<BR>REGULATIONS: The California Department of Fish & Game (CDFG)
<BR>has scheduled two public information hearings on the conformation of
<BR>state and federal regulations affecting the State's salmon and groundfish
<BR>fisheries. Regulations for the two fisheries affecting California have
<BR>been adopted by the Pacific Fishery Management Council (PFMC) and
<BR>approved by the National Marine Fisheries Service (NMFS). For more
<BR>information go the PFMC website at: www.pcouncil.org or the CDFG
<BR>website at: www.dfg.ca.gov/mrd/index.html.
<BR>
<BR> 5:17/09. PFMC SCHEDULES GROUNDFISH MEETINGS: The
<BR>Pacific Fishery Management Council (PFMC) has scheduled meetings of
<BR>two of its groundfish committees for May. On 8-9 May the Groundfish
<BR>Environmental Impact Statement Oversight Committee will hold a
<BR>public working meeting of the draft Groundfish Supplemental
<BR>Environmental Impact Statement (SEIS). This meeting, which begins at
<BR>0800 HRS on the 8th, will be held at the PFMC West Conference Room,
<BR>7700 NE Ambassador Place, Suite 200, in Portland, Oregon. Later in
<BR>the month on the 21st, the Ad Hoc Allocation Committee to Develop
<BR>Preliminary Options for 2003 Pacific Groundfish Allocations will hold a
<BR>conference call between locations in Sacramento, Portland, Olympia and
<BR>Seattle. For more information on participating in the teleconference,
<BR>contact Carolyn Porter at (503) 326-6352. For more information on the
<BR>two groundfish meetings, go to the PFMC website at:
<BR>www.pcouncil.org.
<BR>
<BR> 5:17/10. NEW WEBSITE OF HISTORIC PACIFIC COAST
<BR>FISHING VESSELS: A new website has been established publishing the
<BR>pictures of thousands of historic fishing vessels from San Diego to
<BR>Alaska. The website operator, Scott Holmstedt, reports the website is
<BR>still accepting pictures of fishing vessels from fishermen. For more
<BR>information, contact him at: fishboats@hotmail.com. To visit the
<BR>collection of historic photos, go to: http://www.historicfishing.net.
<BR>
<BR> 5:17/11. NMFS SCHEDULES NATIONAL MEETING ON IFQS IN
<BR>GALVESTON, TEXAS: The H. John Heinz III Center for Science,
<BR>Economics & the Environment, at the request of the National Marine
<BR>Fisheries Service (NMFS), will host a meeting of selected participants
<BR>from the commercial fishing and fish processing sector, academia and
<BR>environmental groups, to discuss quota allocation programs (i.e.,
<BR>Individual Fishing Quotas, Processor Quotas, Community Development
<BR>Quotas) as options for fishery management. In recent testimony to
<BR>Congress, NMFS has come out in support of IFQ programs and favors
<BR>leaving the details of such programs (i.e., no national standards for IFQs)
<BR>up to regional fishery councils. The Heinz Center will make the meeting
<BR>open to the public, but the working groups are limited to those Heinz and
<BR>NMFS have selected. PCFFA and a number of other major fishing
<BR>groups around the nation, whose members would be affected by IFQ
<BR>programs, were not invited. The public, therefore, who are able to travel
<BR>to Galveston, may attend as observers only and submit written
<BR>statements to the "stakeholder" meetings of 7-8 May, but may not
<BR>participate. The open meeting will convene at 0900 HRS on Monday, 6
<BR>May. Small working sessions to solicit views and debate issues among
<BR>the pre-determined participants will continue on 7-8 May. The meeting
<BR>will be held at The Tremont House Hotel, 2300 Ship Mechanic Row in
<BR>Galveston, Texas. For more information, contact either Mary Hope
<BR>Katsouros or Laurie Allen at (202) 737-6307.
<BR>
<BR> 5:17/12. COAST GUARD SEEKS APPLICANTS FOR NATIONAL
<BR>FISHING VESSEL SAFETY COMMITTEE: The U.S. Coast Guard is
<BR>seeking applications for appointment to the Commercial Fishing Industry
<BR>Vessel Advisory Committee (CFIVAC), established pursuant to the
<BR>Commercial Fishing Industry Vessel Safety Act of 1988. The
<BR>Committee is comprised of 17 members who serve 3-year terms.
<BR>Applications for six of those seats that become vacant in October are
<BR>now being considered in the following categories: commercial fishing
<BR>industry (four positions); general public (one position); and equipment
<BR>manufacturer (one position). The deadline for applications is 5 July. To
<BR>request an application, write: Commandant (G-MOC-3), U.S. Coast
<BR>Guard, Attn: Thomas Hummer, 2100 2nd St. SW, Washington, DC
<BR>20593-001. For more information, contact Kevin Frost at:
<BR>Kfrost@comdt.uscg.mil, or Thomas Hummer at:
<BR>Thummer@comdt.uscg.mil.
<BR>
<BR> 5:17/13. CALIFORNIA FISH & GAME COMMISSION TO MEET
<BR>IN FRESNO: The California Fish & Game Commission will meet 7-8
<BR>May in Fresno. The first day of the meeting will be a joint session with
<BR>the California Board of Forestry & Fire Protection. On the 8th, the
<BR>Commission will meet at the Radisson Hotel, 2233 Ventura Street in
<BR>Fresno beginning at 0800 HRS. Fishery items on the agenda include
<BR>consideration of the final environmental document for the white sea bass
<BR>fishery, biennial report on winter-run chinook salmon, the revised draft
<BR>Nearshore Fishery Management Plan, control dates for the nearshore
<BR>limited access program, and a report on the spot prawn fishery observer
<BR>program. For more information, go to the Commission website at:
<BR>http://www.dfg.ca.gov/fg_comm/.
<BR>
<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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