[Fishlink] ~~>FISHLINK SUBLEGALS 6/14/02<~~

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                   ~~>FISHLINK SUBLEGALS 6/14/02<~~
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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. 24                                       14 JUNE 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 Bush Administration has no right to withhold information from
consumers on whether their food has been genetically modified, or
what's in it or where it's from.  The President's people have got to stop
behaving like the lap dogs for corporate agribusiness, giant food
processing firms and bioengineering companies."......Peter Simon
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IN THIS ISSUE.......

North Pacific Council Passes Crab IFQ System Giving 
90 Percent of Quota to Processors.  5:24/01.

CONAPACH Blasts Chilean Government Give-Away 
of Fish to Multi-National Corporations. 5:24/02.

California Marine Life Protection Act Working 
Groups Finalized. 5:24/04.

100th Anniversary of Reclamation Act; Calls For BOR 
Reform, Emphasis on Desalinization.  5:24/11.

Bush Acknowledges Global Warming; New Study 
Says Water for Salmon At Risk.  5:24/12.

AND MORE......
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     5:24/01. NORTH PACIFIC COUNCIL GIVES BERING SEA CRAB
RESOURCE TO PROCESSORS; FISHERMEN LEFT WITH SCRAPS:
On 11 June, the North Pacific Fishery Management Council, at a
meeting in Dutch Harbor, Alaska, adopted an individual fishing quota
(IFQ) system for the Bering Sea crab fishery (i.e., Red King crab, opilio)
assigning 90 percent of the available quota to shoreside fish processors.
The plan, which may violate U.S. anti-trust laws, has to be approved by
the U.S. Department of Commerce and will depend on whether the
current Congressional moratorium on IFQs is allowed to expire in
September, or on Congress granting an exemption for this fishery.   The
program is a "two-pie" system with 90 percent of the total allowable
catch (TAC) for individual processor quota (IPQ) and fishermen
receiving 10 percent that "they are free to deliver to any processor."   To
win support for the plan, Alaska Native Corporation community
development quota (CDQ) holders were given right of first refusal for
sale of any IPQ by the NPFMC, which creates incentives for vertical
integration by CDQ companies. The caps placed on how much quota any
processor can control go away if a processor enters into a "cooperative"
with four or more vessels. Concern was immediately raised regarding the
negative position the program, by assigning quotas to processors not
engaged in fish harvest, might have on ex-vessel prices paid to
fishermen.

      "The program the Council passed and has requested Congress to
make legal....allows harvesters to sell 10 percent of their catch to the
processor of their choice. The other 90 percent must be delivered only to
a processor holding unused IPQ. This results in a game of 'musical
chairs' where the 'last man standing' has no choice about where to sell -
and as a consequence there is an urgency to 'sit down' early at a
sub-optimal price to avoid being the 'last man standing,'" said Dave
Fraser, owner of the fishing vessel Muir Mallach.  "About 250 harvester
vessels would get allocations as IFQs. On the processing side 31 of the
80 processors who have bought opilio in the last 10 years would qualify
to receive IPQs. According to the analysis prepared by council staff, of
those 31 processors, 'the top 12 would receive more quota allocation
than they historically processed (94.10 percent compared to 75.66
percent).' Further, the top 4 opilio processors will be guaranteed  57.6
percent of the IPQ."

     Fraser went on to offer one explanation for the seemingly
inexplicable Council action, "perhaps it is because economist Scott
Matulich believes that in a free market, fishers [sic] with IFQs will
expropriate the quasi-rents rightfully belonging to processors (because
harvesters wouldn't fear that processor owned scabs would pre-empt
their catch if they were to go on strike). Matulich has been able to parlay
this diagnosis (which may have an element of truth) into a prescription
for a particular cure of his own design called the 2-pie system. However,
it seems equally probable that the side effects of this form of cure may
result in processors expropriating the quasi-rents of harvesters.
Unfortunately there is no FDA [Food & Drug Administration] to require
testing on this new medicine to determine a safe dosage level, before it is
administered to the crab fleet. The council bought off on this
prescription at a particular dosage level (processing shares of 90 percent
of the catcher boats' harvest) for reasons that are not a matter of record in
their debate."
 
     Dorothy Childers, executive director of Alaska Marine Conservation
Council (AMCC), commenting on Tuesday's NPFMC action said,
"Alaskans are concerned that processing corporations will control
markets, independent fishermen, communities, and ultimately the public
process. This decision is a step toward similar controls in any other
fishery in Alaska or the U.S." She went on to explain that Alaskans
worry about vertical integration of the seafood industry in which
processing companies would own the vessels, plants and markets while
fishermen work for a wage. Alaska's experience with this
system was when canneries controlled the entire salmon industry.  The
need to overturn this "feudal system" was a driving force behind
statehood in 1959, according to AMCC. 

     The action by the NPFMC comes as the U.S. House of
Representatives' Resources Committee prepares to "mark-up" HR 4749
reauthorizing the Magnuson-Stevens Act. That bill contains language to
allow processor quotas (see Sublegals, 5:23/02). PCFFA has vehemently
opposed processor quotas, stating they would make "sharecroppers" out
of fishermen (see Sublegals, 5:19/01). For more information on the
North Pacific Council's IFQ plan go to: www.fakr.noaa.gov/npfmc.  To
see Hal Bernton's article on the North Pacific Council's IFQ decision,
that appeared in the 12 June Seattle Times, go to:
http://archives.seattletimes.nwsource.com/cgi-bin/texis/web/vortex/
display?slug=crabs120&date=2002.

     5:24/02. CONAPACH ACCUSES CHILEAN GOVERNMENT OF
GIVING AWAY NATION'S FISH TO MULTI-NATIONAL
CORPORATIONS. The President of the National Confederation of
Artisanal Fishermen of Chile (CONAPACH), Cosme Caracciolo, has
said recent changes in his nation's fisheries legislation amount to "a
policy imposed by the Chilean government to give ownership rights of
marine resources, permanently and free of charge, to large-scale national
and multinational companies - thus denying fishermen and all citizens of
their historic right to own their national fisheries heritage."  The charges
came during a United Nations' Food & Agriculture Organization (FAO)
World Summit on Food held 10-13 June in Rome. CONAPACH
represents Chile's traditional fishermen and has been a leading advocate
for fish and fish habitat protection and protection of artisanal fishermen's
human rights. CONAPACH is a member of the World Forum of Fish
Harvesters & Fishworkers (WFF).

     Caracciolo's comments on Chile's "Fishing Privatization Law " were
made among non-governmental organizations (NGOs) during
discussions on approval of an international code of conduct on the
human right to adequate food, reported Fish Information Services (FIS)
Latino.  Chile is one of the world's leading fishing nations and "the
second largest fishmeal and farmed salmon producer and exporter in the
world," according to EcoceanoNews. For more information, visit the
FAO's summit webpage at:
http://www.fao.org/worldfoodsummit/english/index.html, 
or to view the FIS article go to: http://www.fis.com/fis/worldnews/
worldnews.asp?l=e&country=&monthyear=&day=&id=2637&ndb=1. 

     5:24/03.  UN ATLAS OF THE OCEANS INTERNET SITE: The
United Nations (UN) has launched a new Internet portal: Atlas of the
Oceans.  Still under construction, it is "designed for use by policy
makers who need to become familiar with ocean issues and by scientists,
students and resource managers who need access to underlying data
bases and approaches to sustainability."  It will also be useful to
fishermen and fishing associations. To view the site, go to:
http://www.oceanatlas.org/index.jsp. 

     5:24.04. MARINE LIFE PROTECTION ACT WORKING GROUPS
FINALIZED: The California Department of Fish & Game (CDFG) has
selected 103 members to serve on seven regional working groups to
develop a plan for implementation of the Marine Life Protection Act
(MLPA). The mission of the working groups is to help create options for
marine protected areas (MPAs) in their respective regions. The options
will be presented to the California Fish & Game Commission for
inclusion in a draft master plan for California's coasts, following the
goals and requirements of the MLPA. The working groups consist of
between 14 to 18 people representing coastal communities, commercial
fishermen, recreational anglers and divers, and environmental groups
that will develop options for creating a network of MPAs within state
waters. Members were chosen from nearly 400 nominees based on how
well the nominee represented a constituency, knowledge of marine
issues and the MLPA process, and time availability. Each member will
serve as a liaison for their representative group during the next one to
two years, and will have the responsibility of conveying their
constituents' comments and sentiments to the working group. 

     Among those appointed to the working groups were PCFFA directors
Paul Pellegrini and Mike Ricketts. Commercial fishing industry
representatives Kenyon Hensel and Ken Bates (along with Pellegrini)
were chosen for the Humboldt - Del Norte Region, with Dr. David
Hankin filling that group's scientific seat. Appointed for the Shelter
Cove to Point Arena Region were Jim Ponts, Dan Platt and Carson Bell,
with Richard Charter in the environmental seat. Harold "Junior" Ames,
Jeffrey Gunning and Jim Salter are the commercial fishery reps in the
San Francisco Region, with Roger Thomas as the charter boat
representative. In the Monterey Region, David Crabbe and Meo Van
Nguyen (along with Ricketts) were named, with Steve Schieblauer in the
Coastal Communities category. Morro Bay has William James in a
commercial fishery spot and Joe Geever in the environment spot. For the
Santa Barbara Region, Harry Liquornik and Chris Hoeflinger fill the
commercial fishing spots, with Mick Kronman representing coastal
communities. The San Diego Region finishes the list with Pete Halmay
and Orlando Amoroso as commercial fishing representatives and Donald
Hansen in the CPFV seat. To see a full copy of the list go to
http://www.dfg.ca.gov/mrd/mlpa/regional_working_groups.html. The
working groups were created after PCFFA and other stakeholders voiced
their concerns over the exclusive nature of the initial MPA process (see
Sublegals 5:18/08; 5:03/17; 5:03/15). PCCFA's revised
recommendations and policy statement on MPAs can be found at the
PCFFA website: http://www.pcffa.org/mpa3.htm  

     The initial working group meetings will be held 17 July in Long
Beach, 18 July in Half Moon Bay, and 19 July in Eureka. The meetings
will serve as an opportunity to meet the working group members;
fishermen are encouraged to attend the meeting closest to their regional
area. Details on times and locations have yet to be released, but check
the CDFG website (see above) and future Sublegals for more details.

     5:24/05.  FINALLY SOME SCIENCE FOR MPAS?:  A full-scale
census of marine life has been announced and is now underway off the
coast of South Florida.  The University of Miami study covers waters
from the patch reefs of Key Biscayne to coral forests in the Dry Tortugas
70 miles west of Key West.  Complex statistics and over 2,000 dives (75
dives a day in different habitats) will go into this monumental effort to
assess the state of the ecosystem.  According to the Miami Herald,
marine managers will be able to use the results of the study to gauge the
effectiveness of regulations designed to maintain fish populations.  

     Of particular interest are the no-fishing zones that the Florida Keys
National Marine Sanctuary established in 1997.  The information is
needed as managers rush to implement the no-take zones.  Last August,
the National Park Service decided to make nearly 200 square miles of
the richest waters in Florida a no-take zone. MPAs, including no-take,
are being considered in California as well (see Sublegals, 5:24/04).  So
far, researchers have seen mostly non-edible kinds of fishes.  Fishing
groups contend that no-take zones alone may not be necessary to
conserve ocean resources; pollution, dumping of dredge spoils,
freshwater habitat and coastal development also need to be considered in
MPA decisions. For more:
http://www.miami.com/mld/miamiherald/news/local/3435677.htm.          

     5:24/06. SAN DIEGO FISHERMEN GET PROACTIVE FOR THE
NEARSHORE FISHERY MANAGEMENT PLAN: Anticipating the
need for fishermen investment and input for a successful California
Nearshore Fishery Management Plan (see Sublegals, 5:19/05), San
Diego fishermen have gotten active.  The San Diego County
Professional Fishermen's Association (SDCPFA) is crafting a pro-active
co-management plan it plans to submit to the California Department of
Fish & Game. Their pilot program, Territorial User Rights Fishery
(TURF), is for the area along the coast of San Diego and Orange
Counties, where the primary nearshore fishery is for sheephead. The
pilot program will address economic and social issues, stock assessment
and monitoring.  SDCPFA says their plan provides a framework for
co-management and local decision-making.  SDCPFA plans to submit
the proposal in August.  For more information, contact Pete Halmay at:
phalmay@earthlink.net.
 
     5:24/07.  GREENLING FISHERY CLOSES FOR THE YEAR:  The
California Department of Fish & Game (CDFG) announced the closure
of the greenling fishery this week; the commercial fishery closed
midnight 13 June and the recreational fishery will close midnight 1 July. 
CDFG monitoring data show that the commercial 2002 quota allocations
(13,420) have been met and the sport allocations will be taken by 30
June.  The commercial landing this year is 1,250 lbs. more than the
landing for the same time period last year.  If catches fall substantially
below the defined allowable harvest levels, CDFG may reopen the
greenling fisheries later in the year.  For more information call Marci
Yaremko at (916) 227-0798 or Carrie Wilson at (831) 649-7191.

     5:24/08.  BUSH ADMINISTRATION PROPOSES FOOD
IGNORANCE TO PREVENT "UNHEALTHY CONCERN," OR
CAVEAT EMPTOR IN THE GROCERY STORE:  U.S. Health &
Human Services Secretary, Tommy Thompson, said the Bush
administration opposes labeling for transgenic, or genetically modified,
foods (GMOs).  In a 10 June speech, he assured genetically modified
food manufacturers that the Administration would fight labeling, stating
GMO labels would create "unnecessary fear" in consumers.  "Mandatory
labeling will only frighten consumers," said Thompson.  In his speech,
Thompson also claimed genetically engineered organisms are "good for
the environment because they improve crop yields."  However, there has
been no evidence to date of actual increases in crop yields, but only
increases in costs to farmers using genetically modified seeds.  In April,
U.S. Agriculture Secretary Ann Veneman announced her USDA's
opposition to country-of-origin labeling.  Under the recently passed
Farm Bill, many agricultural products will be required to list their
country of origin, including fish which will be required within two years
to be labeled as to country of origin and whether they are wild or farmed
(see Sublegals, 5:19/06; 5:15/09; 5:08/01; 5:03/01).

     Despite the proclamations by two Bush cabinet Secretaries,
international trends on informational food labeling are moving in the
opposite direction.  Currently, there is a European Union (EU) ban on
the sale of new GMO products.  And the EU is currently considering
labeling GMO foods already on the market.   Thompson's announcement
comes as a minor blow to consumer, environmental, and fishing groups
who have been working on getting seafood labeling in the U.S.  Natasha
Benjamin of IFR remains optimistic.   "Although the federal government
has decided not to pursue labeling, we hope to see California be the first
to respond to consumers' requests for information on the food they buy,"
said Benjamin.  For more on the labeling of seafood and identification of
GMO foods, go to IFR's website at: www.ifrfish.org. 

     5:24/09.  ENDANGERED ATLANTIC SALMON DESTINED FOR
DOGGIE DINNER PLATES:  U.S. delegates to the North Atlantic
Salmon Conservation Organization (NASCO) meeting in the Faroe
Islands (Denmark) approved of a plan on 7 June to allow foreign
commercial harvest of endangered U.S. origin Atlantic salmon, reported
U.S. Newswire.  Under the agreement, Greenland will be allowed to
harvest up to 55 tons of the fish, much of which is destined to become
dog food.  "This decision to risk extinction of the few remaining wild
salmon in Maine to feed dogs in Greenland is inexplicable," said Tom
Grasso of World Wildlife Fund (WFF).  Opponents to the NASCO quota
fear the extinction of North American runs of Atlantic Salmon.  The
Atlantic Salmon Federation and the North Atlantic Salmon Fund (ASF)
have discussed working with Greenland fishermen to halt the fishery;
U.S. origin Atlantics feed offshore Greenland during part of each year.

     In 2001, according to the U.S. Newswire report, "67 percent of
salmon caught in West Greenland waters came from North American
runs. If the full 55 tons of salmon is caught in the coming year, the take
could include up to 600 of the critically endangered U.S. North Atlantic
salmon that cling to survival in only eight rivers, all in the state of
Maine. ICES (International Council on Exploration of the Seas), the
leading scientific body on the issue, recommended against any
commercial quota for the West Greenland fishery. This advice was
ignored by the NASCO governments. Only a few runs remain of wild
Atlantic salmon on the east coast of Canada and Maine. The runs of
North American wild Atlantics, much like their European counterparts,
have been destroyed due to damming and in-river habitat destruction,
pollution and salmon netpen aquaculture operations.  The U.S. has failed
to take any aggressive steps to protect Endangered Species Act (ESA)
listed Maine wild salmon, but instead is promoting more salmon farms,
and now a fishery on the remnant of these endangered stocks for dog
food. For more information, go to:
http://www.asf.ca/Nasco/nasco2002/zeroquotafailure.html, or NASCO
at http://www.nasco.org.uk/.  To see the U.S. Newswire report, go to:
http://usnewswire.com. 

     5:24/10. WYDEN, SMITH, WALDEN SEEK ADDITIONAL $125
MILLION FOR KLAMATH; BOR REMAINS INTRANSIGENT,
REJECTING FISH AGENCY BIOPS NEEDS TO SAVE FISH:  On 13
June, the Klamath Herald & News reported U.S. Senators Ron Wyden
(D-OR) and Gordon Smith (R-OR), along with Representative Greg
Walden (R-OR), sent a letter 11 June to President George W. Bush
requesting an additional $125 million in federal funds to address water
and fishery issues in the Klamath Basin.  This is in addition to $50
million earmarked for the Klamath Basin under the Environmental
Quality Incentives Program section of the Farm Bill signed by the
President on 13 May.  In the meantime, the U.S. Bureau of Reclamation
(BOR) remains intransigent, saying it will not follow the Biological
Opinions (BiOps) issued by the National Marine Fisheries Service
(NMFS) and U.S. Fish & Wildlife Service (USFWS) for protection of
the Endangered Species Act (ESA) listed Klamath River coho salmon
and Klamath Lake suckers, respectively (see Sublegals, 5:23/08;
5:21/03; 5:20/09).  To see the 13 June Herald & News article by Ryan
Harper, go to:
http://209.41.184.21/partners/670/public/news316520.html. 

     5:24/11. 100TH ANNIVERSARY OF THE RECLAMATION ACT;
CALLS FOR BOR REFORMS, EMPHASIS ON DESALINIZATION
FOR NEXT CENTURY WATER SUPPLIES: 17 June marks the
centenary of the signing by President Teddy Roosevelt of the
Reclamation Act that paved the way for water development and the
populating of the western United States (for an excellent history, see
Cadillac Desert by the late Marc Reisner). As the U.S. Bureau of
Reclamation (BOR) prepares to celebrate 100 years of water projects on
the top of the Hoover Dam, a new alliance has formed to demand BOR
enter the 21st century without "its antiquated dam loving philosophy and
policies." The Western Water Alliance calls for a reform of federal water
policies to meet the new century's environmental, economic, and
community needs. BOR was created in 1902, with the passage of the
Reclamation Act, as a means to promote expansion into the West, seen
as an arid wasteland. Its policies were based on huge taxpayer-subsidized
dam and diversion projects to irrigate croplands and attract more people
to the region. Today, however, the West is one of the country's fastest
growing areas with an economy that is driven by technology, recreation,
financial and other service industries. Alliance leaders say BOR has
failed to adjust to this new reality and that it must be reformed to better
protect the environment, to ensure that projects make economic sense,
and to protect the rights of Native Americans and other Western
communities (e.g., fishing) whose livelihoods depend on abundant
fisheries and healthy rivers.

     "The Bureau's dams and water diversions are a major reason why
Klamath River salmon runs, once the third-biggest on the West Coast,
have been nearly wiped out," said WaterWatch of Oregon's Bob Hunter.
"And the Klamath basin is not unusual.  The Bureau has been a big
factor in the crash of native fish populations across the West." The
group's call for BOR reform comes on the heels of PCFFA's denial for
emergency relief in a lawsuit to force more water releases, as the Bureau
allows endangered salmon to die in drying ponds. (see Sublegals
5:21/03; 5:18/01). For case studies on the Bureau of Reclamation's
management of water resources in the west and for more information
about the Western Water Alliance, go to:
http://www.westernwateralliance.org/dwnld/case_studies.pdf.                   


     PCFFA, meanwhile, is using the occasion of the 100th anniversary of
the Reclamation Act to call on the Bureau to reorient its water
development to desalinization technology and plants to reduce demand
on rivers and remove new pressure on them, allowing more instream
flow and greater freshwater inflow to estuaries (see Sublegals, 5:13/01). 
With most of the nation's, and the world's, population living in coastal
areas, desalinization could supply many urban and industrial water
needs, leaving much of existing water supplies for water efficient farms,
fish and the environment. It is also anticipated that technological
advances will be made in desalinization, including energy efficiency, as
it develops.

     5:24/12.  BUSH ADMINISTRATION CALLS GLOBAL
WARMING A REAL THREAT, BUT OPPOSES ACTIONS TO
PREVENT IT; IMPACTS ON WEST COAST MAY COMPLICATE
WATER WARS AND IMPERIL SALMON:  In the face of nearly
unanimous scientific consensus and a tremendous amount of new
physical evidence (see Sublegals 5:11/10; 5:01/11; 5:01/10; 3:14/13;
3:08/11; 3:04/20; 2:17/21; 2:09/06; 1:14/08), the Bush Administration
has now acknowledged in a new report by the U.S. government to the
United Nations that global warming is not only happening, and is also
likely to cause serious environmental disruptions throughout the United
States over the next several decades. However, the Administration
asserted that the best strategy is to adapt to it as inevitable, rather than
change current industrial practices in any way to help prevent it.  The
report, "Climate Action Report 2002," was submitted as the U.S.'s third
national communications under the UN Framework Convention on
Climate Change, and is available at:
http://www.epa.gov/globalwarming/publications/car. 

     Among the findings of the report are that "Warming is likely to alter
coastal weather and could affect the intensity, frequency, and extent of
severe storms.... Rising sea levels and higher temperatures are also likely
to affect the ecology of estuaries and coastal wetlands.  Higher
temperatures coupled with increasing CO2 concentrations are likely to
severely stress coral reefs, and the changing temperature patterns are
likely to cause fisheries to relocate and alter fish migration patterns...." 
Another anticipated effect, according to the U.S. report, is a reduction of
snowpacks in the Sierra Nevada mountains of California by up to 82
percent by the end of this century, with similar snowpack losses
throughout the Northwest. A recent study by the Lawrence Livermore
Labs and the University of California/Santa Cruz (UCSC) confirmed the
projections. Their conclusion: if carbon dioxide buildup continues as
projected, average temperature increases by as much as 11§F could be
expected in high elevations of the Sierra Nevada and Cascade mountains
this century.  This would affect seasonal snowpack that has long been an
important "water bank" to carry dry California through the summer
months.  "In water terms, by the end of February there would be 82%
less water [in the Sierras] than there is now," noted Dr. Lisa Sloan, an
Associate Professor of Earth Sciences at UCSC. "We are talking about a
real shift in the amount of water coming to the state, and the timing of
it."  This study, "Climate responses to a doubling of atmospheric carbon
dioxide for a climatically vulnerable region," Snyder, et. al., was
published 7 June in Geophysical Research Letters.  It indicates that,
unless global warming trends are arrested and reversed, west coast
salmon runs may be severely affected, both in terms of total amount of
water flowing in streams as well as pushing overall water temperatures
to lethal levels (see Sublegals 5:21/05).  For more, see the 4 June
Sacramento Bee article at:
http://www.sacbee.com/content/news/story/3094866p-4097692c.html.

NEWS, COMMENTS, CORRECTIONS: Submit your news items,
comments or any corrections to Michelle Wallar, Editor at:
mw_ifr@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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