[Fishlink] ~~>FISHLINK SUBLEGALS 6/21/02<~~

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                     ~~>FISHLINK SUBLEGALS 6/21/02<~~
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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. 25                                          21 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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"To suggest that toxic sludge is good for fish because it prevents them
from being caught by man is like suggesting that we club baby seals to
death to prevent them from being eaten by sharks."
                                                                              
                              
.........Rep. George Radanovich 
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IN THIS ISSUE.......

Emergency Groundfish In-season Closure Recommended 
for 1 July.  5:25/01.

PCFFA Offers Options to Address West Coast 
Groundfish Crisis. 5:25/02.

NMFS Southwest Regional Office May Close, Control 
to Go to Seattle. 5:25/05.

Offshore Oil Efforts Shift to Alaska.  5:25/08.
Coalition Petitions California Water Board to Protect Water Supply 
>From Effects of Logging.  5:25/11.

AND MORE......
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     5:25/01. PACIFIC COUNCIL RECOMMENDS MASSIVE
EMERGENCY IN-SEASON CLOSURES FOR WEST COAST
GROUNDFISH FISHERY:  On 20 June the Pacific Fishery Management
Council (PFMC) recommended to the National Marine Fisheries Service
a sweeping closure of the groundfish fishery, principally south of Cape
Mendocino in northern California, beginning 1 July.  The action, taken
at the PFMC's 18-21 June meeting in Foster City, California, was in
response to earlier stock reports indicating bocaccio, yellow eye and
canary rockfish populations (species that are part of the groundfish
complex) were in far worse shape than initially believed (see Sublegals,
5:23/01).  In addition to these three species, concern was also raised at
the meeting regarding the condition of darkblotched rockfish. The
requested emergency closures, approved on a 13 to 1 vote (the National
Marine Fisheries Service opposing), would affect both commercial and
recreational fisheries targeting groundfish.  The Council also adopted a
set of equally restrictive options, to send out for public review, for the
2003 season (more on the 2003 options will appear in the next issue of
Sublegals). It is believed that NMFS will approve the PFMC request for
the emergency in-season closures.

     The actions approved by the PFMC were largely based on
recommendations submitted by its Groundfish Advisory Subpanel
(GASP) and Groundfish Management Team (GMT).  The immediate
restrictions will apply to south of Cape Mendocino (40ø10") since
bocaccio are found predominately offshore southern and central
California. While the details of the proposed emergency closure are still
somewhat murky (the motions by council members to take action and
the explanations thereafter left a great deal of confusion), this much is
apparent:  South of Cape Mendocino all trawling and longlining for
groundfish between 20 and 150 fathoms of depth is prohibited.  There is
no trawling anyway inside of 3 miles along most of the California coast,
and most longlining in the nearshore area will be controlled by
California's nearshore fishery management measures. For the
recreational fishery, fishing for rockfish and lingcod in waters deeper
than 20 fathoms will be prohibited.  The southern California
recreational fishery takes a significant amount of bocaccio, and has
already exceeded its 56 metric ton quota for this year.  Trawling outside
of 150 fathoms for the deepwater complex (blackcod, Dover sole,
thornyhead) will continue pretty much under current regulations and
longlining for blackcod (sablefish) will continue under current
regulations.                                                                  
                                 

     North of Cape Mendocino, trawl closures may be imposed on 1
September, however, with exceptions for flatfish trawling inside of 100
fathoms and the deepwater complex outside of 250 fathoms.  While the
closures south of Cape Mendocino are by far the most sweeping, PCFFA
and some other groups have been looking to provide exceptions for
some of the gear that is not impacting the rockfish stocks of concern. 
PCFFA, in its testimony on 20 June, requested a specific exemption for
Scottish seine gear, used in the Gulf of the Farallones for the take of
abundant sand dabs, with no take of other rockfish. The problem is that
the PFMC, rather than recognize this seine as a unique type of fishing
gear, had just lumped it with trawling.  Rather than move on an
exemption, the PFMC, on a motion from California Fish & Game, voted
instead to request an experimental gear permit, which could take months
to get approved. PCFFA will also be pushing for exemptions (with
observers) or experimental permits for some of the longliners and small
trawlers that have no history of catch or bycatch of the rockfish stocks
of concern.

     For more information on the PFMC action, see the details on the
Pacific Council's website at: www.pcouncil.org. For the news coverage,
see the Contra Costa Times article of 21 June at:
http://www.bayarea.com/mld/cctimes/3517068.htm, and the 21 June San
Francisco Chronicle at:
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/
06/21/state1939EDT7465.DTL. 

      5:25/02.  THREE-PRONGED APPROACH OFFERED TO
ADDRESS WEST COAST GROUNDFISH CRISIS: In response to
questions regarding what now for the west coast groundfish fisheries,
PCFFA has suggested what some are calling a "trident approach" to
address the crisis.  The three elements are:        

     Selective Fishing. Exempting gear (e.g., Scottish seine) that avoids
the take of rockfish of concern, including any significant bycatch, or
gear used in areas where the rockfish of concern can be avoided (e.g.,
small trawls making short tows on soft bottoms) and targeting abundant
stocks that can be harvested sustainably (e.g., sand dabs).  Some
exemptions could be made right away where observers are available; in
other instances it may take longer.  PCFFA has backed legislative
language to direct Saltonstall-Kennedy Act funds to assist fishermen in
the development of more selective fishing gear.

     Research. Significant questions abound regarding the adequacy of the
current science on West coast groundfish stocks.  Many fishermen
report good signs of bocaccio abundance, despite official surveys
showing stocks in worse shape than ever.  To answer these questions
and provide greater confidence in the science on which the fishery is
managed, annual stock surveys (not bi-annual or tri-annual) are needed
covering a much greater area of the ocean (e.g., currently there are no
surveys for the area south of Point Conception).  This could be
accomplished economically by placing scientists on board existing
fishing vessels, instead of contracting for one of the few dedicated
research vessels currently available. PCFFA has supported legislative
language promoting greater cooperation between fishery scientists and
fishermen; to date, however, Congress has not acted on such language.

     Vessel/Permit Buyback.  PCFFA, along with other fishing groups
(e.g., Fishermen's Marketing Association and the Pacific Marine
Conservation Council), has been pushing, without much success to date,
for a vessel and permit buyback program for the West coast groundfish
fishery.  The Pacific Fishery Management Council has set a goal of
reducing effort in that fishery by some 50 percent.  Whether a stand
alone west coast program, or a national one incorporating the New
England groundfish fishery and the Alaskan crab fishery, PCFFA has
called on Congress to appropriate the monies necessary to address the
problem caused by the U.S. Government's promotion of a fleet build-up
in the 1970's and 1980's in these fisheries. 

     "Congress recently passed and the President signed the Farm Bill
giving $190 billion to the nation's agriculture industry. Surely it can
afford the $100 or $200 million that may be necessary to provide the
assistance America's fishermen require, from better research to a
reduction in fleet size appropriate to sustainable fishing," said PCFFA
Executive Director Zeke Grader. "We don't need folks dealing out tough
love, being sympathetic or feeling our pain. We need forward thinking
programs and the funds to carry them out - now!"                              
        

     5:25/03. OREGON SENATORS PUSHING FOR GROUNDFISH
VESSEL BUYBACK FUNDS:  U.S. Senators Ron Wyden (D-OR) and
Gordon Smith (R-OR) have secured approval for a commercial fishing
funded vessel buyback program federal loan guarantee of $500,000 as at
least a stop-gap measure until and if Congress appropriates the monies
needed to finance the needed reduction in fleet size in the West  Coast
groundfish fishery (see Sublegals 5:23/01; 4:12/02). Large portions of
the Oregon and Washington groundfish trawl fleet are expected to be
closed down on the continental shelf to protect and rebuild dwindling
rockfish species, and the Pacific Fisheries Management Council, with
support of the fleet itself, has already called for at least a 50 percent
reduction in the fleet harvest capacity in its Groundfish Strategic
Management Plan.  The $500,000 is money reprogrammed from
groundfish research funds that Wyden was able to obtain previously, and
would help guarantee 1 percent of buyback loan funds of up to $50
million. "Fishers [sic] who were encouraged to increase capacity a few
years ago are being forced into bankruptcy by new federal mandates,"
said Wyden in a recent press release. "Allowing this desperately needed
capacity reduction program to proceed will provide some relief to those
fishers [sic] and Pacific Coast fisheries as well." For more information
on Senator Wyden's statement, see:
http://wyden.senate.gov/webpressreleases.htm.  The funds are part of the
Senate version of a draft Supplemental Appropriations Bill, and still
have to survive Conference Committee markup to reconcile differing
versions.  Concerns about how such a revolving loan fund would be
financed from a nearly destitute fishing fleet have also been raised.

     Wyden's Senate bill, S. 973, also co-sponsored by Senator Gordon
Smith, which would structure and fund a full-scale vessel buyback
program, is languishing in the Senate Commerce, Science &
Transportation Committee (see Sublegals 3:22/06) in the face of
looming federal budget deficits that make obtaining any new funding
extremely difficult.  However, that bill contains a mechanism by which
the fishing industry could at least partially fund vessel buyouts in the
future. The House buyback bill (H.R. 2376) is being carried by
California Congresswoman Lois Capps (D-Santa Barbara).

     5:25/04. U.S. OCEANS POLICY COMMISSION IN SEATTLE,
GOING TO ALASKA IN AUGUST:  The U.S. Commission on Ocean
Policy met in Seattle, 13-14 June, taking testimony on problems facing
the west coast fishing industry, including discussion regarding
individual fishing quotas (IFQs) and other fisheries privatization
schemes, and marine protected areas (MPAs).  PCFFA's testimony
highlighted the environmental problems Pacific coast salmon runs face
that are unrelated to fishing (i.e., dams and dewatered river systems, as
well as the threat of salmon aquaculture, genetically modified organisms
and development of offshore oil).  PCFFA's President, Pietro Parravano,
previously testified before the Commission on fisheries management
problems at its 19 April meeting in San Pedro, CA (see Sublegals
5:04/17).  Copies of PCFFA testimony to both hearings are available on
the PCFFA web site at: www.pcffa.org. For more information about the
hearings in Seattle, see the 14 June Seattle Post-Intelligencer at:
http://seattlepi.nwsource.com/local/74671_ocean14.shtml.  For more
information about the Commission itself, see:
www.oceancommission.gov.  The next and last scheduled West Coast
meeting of the Commission will be in Anchorage, Alaska 21-23 August. 
Check the Commission's web site for locations.

     5:25/05. NMFS NORTHWEST SEEKS TO SHUT DOWN
SOUTHWEST REGION, PUTTING CALIOFIRNIA UNDER
SEATTLE CONTROL:  The U.S. Department of Commerce is
considering shutting down the National Marine Fisheries Service
Southwest Regional Fisheries Science Center in California.  All
authority and services for California would be moved over 1,000 miles
away to the Northwest Regional Center in Washington.  One reason for
the consolidation may be to free funding for the $15 million needed to
open a proposed new office in Hawaii.  NMFS duties in California
include restoration and recovery of Pacific salmon stocks; development
of management plans to conserve valuable fishery resources nationally
and internationally; processing ESA-related permits; and water resource
management via CALFED.  Though supportive of a stronger NMFS
presence in Hawaii, commercial fishermen fear the closure would
decrease needed services in California where 50% of endangered Pacific
salmon stocks are found and where commercial and sport fishermen
annually contribute nearly $5 billion to the U.S. economy.

     Critics of the plan also point out that the NMFS California office
ensures that NMFS is directly answerable to Californians -- state and
local governments, businesses, and individuals -- as it shapes its policies
and implements regulations that affect a wide array of California
interests.  For more information contact Brandon Davisson, staff
member of the House Subcommittee on Commerce, Justice, State, the
Judiciary and Related Agencies at (202) 225-3351.

     5:25/06.  CONTAMINATED SHELL MOUNDS CONTINUE TO
POSE THREAT TO FISHERMEN:   Four contaminated shell mounds
approximately 25' high and 200' across continue to leach toxins and pose
a threat to fishermen in the area off the coast of Santa Barbara six years
after the Chevron oil platforms they flanked are gone.  These piles of
waste materials used to surround Hazel, Heidi, Hilda and Hope, known
as the 4H platforms.  PCFFA contends that not only do the mounds
interfere with trawler's nets and cause extreme damage to fishing gear,
but that Chevron's own 4H Shell Mound Buoy Record indicates that
buoys are an ineffective way to mitigate the safety hazards caused by the
mounds. The California Coastal Commission and the State Lands
Commission (SLC) ordered Chevron to amend its previously approved
4H abandonment plan in 2001. The Environmental Defense Center
(EDC), the legal firm representing PCFFA, the Citizens Planning
Association of Santa Barbara County, Inc. and the Sierra Club,
responded to Chevron's amendments during a recent scoping period for
the Environmental Impact Report/Environmental Assessment (EIR/EA). 
EDC said that the EIR/EA did not address the options of either complete
removal of the mounds and caissons or the removal of mounds only.  In
addition, they said that the no-action alternative places commercial
fishermen at risk and includes no effective method for marking the
mounds; and that there is no project level environmental review for each
proposed project.  

     5:25/07.  NORTON SENDS CONFLICTING MESSAGES
REGARDING OIL LEASE BUY-BACKS IN CALIFORNIA:  The Bush
Administration has flatly refused California Governor Gray Davis's
request that California's offshore drilling rights be bought back.  Davis
was inspired to make the request when President Bush recently
announced the $235 million buy-back in Florida.  In response to the
Governor's letter, Secretary of the Interior Gale Norton wrote,  "Florida
opposes coastal drilling and California does not."  Norton pointed to the
over 150 wells off the coast of California.  Mary Nichols, Secretary of
the California Resources Agency, said there is a difference between
drilling in developed areas and those that are still pristine.  There are
undeveloped leases off the coast of Ventura, Santa Barbara and San Luis
Obispo Counties that fishing groups, environmentalists, and the Davis
Administration oppose developing.  The San Francisco Chronicle
reported that the next week, Norton wrote in a letter, "The Bush
Administration would be pleased to enter into discussions about a
permanent solution for the federal leases."  Though to some this sounds
like the Bush Administration has had a change of heart, the main
difference in the two letters was that the first was sent to Governor
Davis, a Democrat, and the second was sent to his current Republican
challenger, Bill Simon. To read more about the first letter: 
http://www.latimes.com/news/science/la-000040155jun08.story?coll=la
%2Dnews%2Dscience, or for the second letter: 
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/
2002/06/20/MN38980.DTL 
 
     5:25/08. BATTLEGROUND OVER U.S. OFFSHORE OIL
DEVELOPMENT SHIFTS TO ALASKA:  Alaska, which has never been
subject to the offshore oil moratorium that currently covers the lower 48
states, derives considerable income from offshore oil leases but risks
damage to its commercial fisheries and marine habitat. Many of Alaska's
environmental and fishing groups have pressured Alaskan officials to
enforce its own environmental protection laws to protect fragile coastal
resources from offshore oil development.  The Bush Administration's
Department of Interior Minerals Management Service's (MMS) 5-year
Plan calls for aggressive oil and gas leasing in Alaska's federally
managed offshore regions, with several lease sales planned this year,
and many more next year.  The Gulf also is home to Alaska's most
valuable commercial fisheries, and commercial fishing is still the single
largest employer in that state. 

     In May, the Alaska Supreme Court ruled unanimously that
exploratory drilling operations must first undergo a state environmental
review under Alaska's Coastal Management Program to assess the
impact of these operations on coastal resources.  One month later, a
special rider on Senate Bill 371 legislatively overturned that same
Alaska Supreme Court decision, excluding oil drilling from most
Alaskan state environmental reviews, relying instead on Army Corps of
Engineers Nationwide Permits as a blanket exemption. Governor
Knowles, who signed the bill into law, stated: "This clarification is
necessary because the implications of the Court decision on the state's
permitting system go far beyond the subject matter of this particular
case.  It could jeopardize oil and gas permits as well as other resource
development activities."  However, the Cook Inlet Keeper, which
brought the original suit, condemned the Governor for the enactment of
this "special interest legislation, which will undermine important Alaska
laws designed to protect Alaskans and their fisheries from toxic
pollution... This bill deals a one-two punch to fisheries and coastal
resource protection throughout the state."  To view the Supreme Court
opinion go to: www.state.ak.us/courts/ops/sp5567.pdf. For Governor
Knowles statement, go to: www.gov.state.ak.us/press/02126.html.  For
the Cook Inlet Keeper statement, see:
www.inletkeeper.org/whatsnew.htm.

    5:25/09. PROPOSED NEW FIN FISH AQUACULTURE
REGULATIONS IN WASHINGTON UNDERWAY IN
PREPARATION FOR LIFTING OF SALMON FARM MORATORIUM: 
A coalition of environmental, consumer, fishing, and agriculture groups
blasted proposed fin fish aquaculture rules in Washington State in a
letter dated   13 June.  SSHB 1499 required the Washington
Department of Fish and Wildlife (WDFW) to develop clear "statewide
prevention measures" for escapes from aquaculture operations.  The
coalition says the proposed rules are vague and allow individual farmers
to essentially regulate themselves.  Suggestions the organizations made
to WDFW include:  regulating the number of specific species, stock, and
race of fin fish for each location; inserting permit expiration dates;
involving the public in the permitting process; including minimum
standards for escape prevention plans; requiring farmers to report all
escapes and how the fish escaped; including regular inspections of
aquaculture facilities; and taking a stronger stance on transgenic fish. 
For an article and full text of the proposed regulations, go to: 
http://www.tidepool.org/findings/fishfarmrules.cfm 

     5:25/10.  CALIFORNIA PLANS TO CLEAN UP TOXIC HOT
SPOTS AVAILABLE FOR REVIEW:   Draft cleanup plans for water
contaminated with the common pesticides, diazinon and chlorpyrifos,
are now available on the web.  The California Regional Water Quality
Control Board (RWQCB) in the Central Valley Region was required by
law in 1989 to identify toxic hot spots and develop cleanup plans for
those areas.  Both the Regional and State Water Quality Control Boards
agreed on five toxic hot spots for a consolidated Regional Toxic Hot
Spot Cleanup Plan:  1) mercury throughout the Delta, 2) dissolved
oxygen in the San Joaquin River near Stockton, 3) diazinon throughout
the Delta from orchard dormant spray runoff, 4) diazinon and
chlorpyrifos in Delta sloughs and creeks affected by urban runoff, and 5)
chlorpyrifos in back sloughs affected by irrigation return water
discharges.  The plan is divided into three parts:  1) introduction to and
definitions for hot spots; 2) list of candidate toxic hot spots, and 3)
description of the real extent and sources, summary of actions taken and
those that need to be taken, and implemention costs of such actions. 
Though all three sections are available on the web, the RWQCB is
accepting comments for the third section only.  You can view the plan
at:  http://www.swrcb.ca.gov/rwqcb5/available_documents/index.html. 
Send written comments by 24 July 2002 to Michelle McGraw at the
Regional Water Board, 3443 Routier Road, Suite A, Sacramento, CA 
95827. The Board eventually plans to hold a public hearing to consider
approval of the cleanup plans, and once approved by the Regional Board
they will go to the State Water Board for final approval.

     5:25/11. COALITION ASKS CALIFORNIA WATER BOARD TO
END LOGGING AGREEMENT: A coalition of farmers, fishermen,
environmentalists and local residents have joined together to petition the
California State Water Board to protect California's water supply from
logging. The groups held a rally on 20 June in Sacramento with 150
people, including a representative for Assemblymember Fred Keeley,
asking the Board to end an agreement that allows clear-cut logging of
one million acres of industrial forestlands in the state's watersheds using
practices that threaten California's water supply. "Poor watershed
practices impact us all, and especially the fish," said Tom Wesloh, a
representative of California Trout. Federal scientists have concluded
that the amount of logging planned for California's north coast forests
cannot be harvested without harming beneficial uses of water and water
quality for downstream users, key resources protected by the Federal
Clean Water Act. The Pacific Lumber Company is currently under
orders to truck water to residents on California's north coast because
pollution from its past logging operations has damaged local water
supplies. Other watersheds of the state are showing signs of similar
impacts. Industrial timber giant Sierra Pacific Industries has increased
its clear-cutting of Sierra Nevada forests by nearly 2,500% since 1994,
up from just 2% of its acres logged in 1995 to 86.7% of its acres logged
in 1999. Calls and faxes to the State Water Board about this issue are
still needed. Call the State Water Resources Control Board at (916)
341-5250 or fax to (916) 341-5252. 

     5:25/12. WATERSHED ASSISTANCE GRANTS PROGRAM
DEADLINE 19 JULY: The deadline for the Watershed Assistance
Grants Program is now 19 July.  The primary purpose of these grants,
sponsored by the U.S. Environmental Protection Agency (EPA), is to
support the growth and sustainability (i.e., the organizational capacity)
of local watershed restoration partnerships throughout the U.S.
Information on the program is available on the River Network web site
at: www.rivernetwork.org/howwecanhelp/howwag_2002cri.cfm.  The
site contains instructions for applying for funding.

     5:25/13. PUBLIC INVITED TO HEAR NEGOTIATIONS TO
COMPENSATE PG&E FOR GIVING WATER BACK TO FISH: 
Pacific Gas & Electric (PG&E), California's largest utility company,
will meet with the Bureau of Reclamation (BOR) on 27 June to
negotiate compensation for revenue lost for its salmon restoration
efforts in Battle Creek, and important tributary for threatened Spring run
chinook salmon in the Northern California Central Valley.  PG&E will
forego some hydropower generation revenues to provide more water to
help improve water flows for fish in that river.  The meeting is open to
the public and will be held Thursday, 27 June at 1000 HRS in the
Federal Building in Sacramento, California (2800 Cottage Way,
Conference Room W-2830).  An active group of citizens, PCFFA,
conservation groups, and California state and national resource agencies
are working to improve habitat in this tributary to the Sacramento River,
which is also an important chinook (king) salmon breeding ground.  For
more information about the meeting, call Dave Gore of BOR at (916)
978-5308 or Todd Johnson of PG&E at (415) 973-5314.

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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