[Fishlink] ~~>FISHLINK SUBLEGALS 6/28/02<~~

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                     ~~>FISHLINK SUBLEGALS 6/28/02<~~
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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. 26                                       28 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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"What part of 'Congress shall make no law respecting an establishment
of religion' don't you understand?"...........................Mary St. Martin
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IN THIS ISSUE.......

Labeling For Genetically Engineered Food May Happen I
n California And Oregon.  5:26/01, 5:26/02

Farmed Salmon Food Dye May Be Related To 
Eye Disease. 5:25/05

New Study Links Delayed Mortality In Salmonids 
To Dam Stress. 5:26/10

U.S. Forest Service Accused Of Ignoring Economic 
Benefits From Unlogged Forests.  5:26/14

U.S. Administration Poised To Weaken Clean 
Water Rules. 5:26/17.

AND MORE......
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     5:26/01.  TRANSGENIC SEAFOOD LABELING BILL CLEARS
KEY CALIFORNIA LEGISLATIVE COMMITTEE.  California State
legislation to require the labeling of genetically modified fish and
shellfish cleared its first hurdle 25 June when AB 791 passed the Senate
Health & Human Services Committee.  "California consumers should be
entitled to make informed decisions about genetically engineered fish,"
said the bill's author, Assemblywoman Virginia Strom Martin
(D-Duncan Mills). "This bill gives consumers the right to know if
seafood is genetically engineered and the right to choose to, or not to,
consume the food."  A statement from Strom-Martin's office cited
potential human health risks, such as toxicity and allergenicity, posed by
the commercialization of transgenic fish.  Strom-Martin chairs the
California Legislature's Joint Committee on Fisheries & Aquaculture.

     "The passage of this bill by the Health Committee is good news too
for fishing men and women who bring to market a wild, unaltered food
product. Labeling is essential for consumers to be able to know what's
natural and what's not," said Natasha Benjamin, who heads the Institute
for Fisheries Resources' "Good Fish - Seasonal, Healthful, Sustainable"
program.  "It's just too bad the seafood distributors' association and
agribusiness persist on keeping the public in the dark about differences
in fish by opposing truth-in-labeling legislation."  AB 791, supported by
a coalition of consumer, conservation and fishing organizations, is the
first labeling bill for genetically modified foods to pass a major policy
committee in the United States.  For more information go to:
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_791&sess
=CUR&house=A&author=strom-martin.  

     5:26/02.  OREGON INITIATIVE TO LABEL GENETICALLY
MODIFIED ORGANISMS MAY MAKE BALLOT:  Oregonians have
collected 84,000 signatures (well beyond the 66,786 needed) for a
November 2002 ballot initiative to require the labeling of genetically
modified foods. The measure would require that foods derived from or
processed using genetically engineered materials have a label prepared
by the Oregon Department of Agriculture.  Oregon Concerned Citizens
For Safe Foods is spearheading the effort and plans to collect at least
8,000 more signatures by 5 July.  To view the Oregon initiative (No. 23 -
2002 Election) go to: www.sos.state.or.us/elections/elechp.htm.     In
related news, the Pew Initiative on Food & Biotechnology hosted a
"Policy Dialogue" on 27 June on the labeling of genetically modified
food.  To either listen to the program or read the transcript, go to:
http://pewagbiotech.org/newsroom/releases/062702.php3.                        
 

     5:26/03. "FRANKENFISH" BILL STALLED IN CALIFORNIA
ASSEMBLY COMMITTEE: SB 1525 (Sher), a California State bill to
prohibit the introduction of genetically modified fish into state waters
(see Sublegals, 5:23/07; 5:18/06; 5:15/09; 5:09/01) stalled in the
Legislature's Assembly Water, Parks & Wildlife Committee on 27 June,
when the committee refused to vote on the measure. The bill had been
taken up on 25 June, but was put over for two days for vote only.  The
27 June "vote only" session turned out to be anything but.  Committee
staff invited in opponents of the measure, including Aqua Bounty and
the California Seafood Institute (represented by the same lobbyist), the
California Aquaculture Association and various biotech firms arguing
that the bill would stop research and signal that the state was somehow
bad for the biotech industry. "The action, or inaction, by the Committee
is a momentary set back. However, we're determined to see legislation,
regulations, or both passed to protect our natural fish from any threat
from transgenic organisms, regardless of the lies and obfuscation tactics
of our opponents," said PCFFA's Zeke Grader.  

      5:26/04.  SEATTLE GROCERS REFUSE TO SELL FARMED
SALMON.  Yet another Seattle grocery retailer has decided to stop
selling farm raised salmon.  The three Penn Hollow Thriftway Stores
have stopped selling all farmed finfish including salmon, trout, tilapia,
and catfish.  They also have plans to switch to sustainably longlined cod
and rockfish and eliminate farmed shrimp.  Other Seattle grocers have
already done away with farmed salmon, including Madision Market
Co-op, PCC Natural Markets (7 stores), and Town & Country Markets
(6 stores).  For more information contact sustain@sustainfish.org.

     5:26/05.  FARMED SALMON COLORING AGENT IMPLICATED
IN EYE DISEASE:  The European Commission's Scientific Committee
on Animal Nutrition (SCAN) has been investigating the use of the
coloring agent canthaxanthin, which is widely used to color farmed
salmon's flesh pink to make it more acceptable to consumer's, and has
found levels of this dye in farmed salmon that far exceed safety
standards.  A representative of SCAN noted that: "The present maximum
levels of canthaxanthin permitted in fish food are far too high.  The
potential is there for retinal damage.  It is important that the use of this
chemical as a feed additive is greatly reduced."  The SCAN report went
to the European Commission's Standing Committee on Animal Feeds on
24 June, which may recommend protective legislation, according to the
24 June Scottish Daily Mail. The farm fish industry has long claimed
that canthaxanthin is safe, but health officials have traced retinal damage
to other products containing this coloring agent, which was withdrawn
from its prior use in human drugs in the 1980's, but still approved for
animal feeds.  Canthaxanthin is only one of many chemicals and drugs
used in salmon farming in Europe, which supplies the majority of
farmed salmon consumed in the United States.  For a copy of the 17
April SCAN report go to:
http://europa.eu.int/comm/food/fs/sc/scan/out81_en.pdf.  See also the
Scientific Food Committee "Opinion on Canthaxanthin" at:
http://europa.eu.int/comm/food/fs/sc/oldcomm7/out10_en.html.

     5:26/06.  31ST ANNUAL "WORLD'S LARGEST SALMON
BARBECUE" SET FOR THE 6TH IN FORT BRAGG:  Not all the
salmon news is bad. There will be plenty of natural wild chinook for this
year's "World's Largest Salmon Barbecue" that will be held Saturday, 6
July in Fort Bragg, along California's Mendocino Coast. Fort Bragg,
which historically was the largest ocean salmon port along the U.S.
Pacific Coast, will welcome the salmon fleet back later in July with the
largest opening that area of the coast has enjoyed in years.  The barbecue
is sponsored by the Salmon Restoration Association and has been held
annually since 1972 to raise funds for salmon habitat restoration and
propagation.  The event will be in Bill Grader Park adjacent to the
mooring basin at Noyo Harbor from 1100-1800 HRS. and is being held
in conjunction with Independence Day festivities over a long Fourth of
July weekend.   There will be grilled wild, troll-caught salmon, garlic
bread, fireworks and more. Tickets are $15 for adults and $9 for children
12 and under.    For more information go to:
http://www.salmonrestoration.com/bbqmain.html or e-mail:
brad@salmonrestoration.com.  

     5:26/07.  SAN MATEO COUNTY HARBOR DISTRICT
CELEBRATES UPGRADES WITH BARBECUED LOCAL WILD
KING SALMON:  The San Mateo County Harbor District celebrated the
completion of four Pillar Point harbor upgrade projects on 26 June with
a short ceremony and meal prepared by the Culinary Institute of America
(CIA).

     The barbecue marked both the upgrade and the Board of Harbor
Commissioner's recent resolution to promote local wild salmon products
(see Sublegals, 5:20/05). For more information, contact the San Mateo
County Harbor District at: harbordistrict@smharbor.com.
 
     5:26/08. THE CONTINUING KLAMATH RIVER WATER
DISPUTE SAGA:  On 18 June U.S. Representative Mike Thompson
(D-CA) wrote Secretary of Agriculture Ann Veneman asking that she
make the $50 million in earmarked conservation funds also available for
stream and habitat restoration projects in California below Iron Gate
Dam (see Sublegals 4:25/03; 4:24/06; 4:23/15). The Natural Resources
Conservation Service (NRCS) has determined that these funds are to be
used only in the Upper Klamath Basin, which means they will only be
accessible to landowners above Iron Gate Dam.  Such restoration
projects would provide little or no benefit to lower river coho salmon,
which are listed under the federal Endangered Species Act (ESA). 
However, the NRCS's effort to "red-line" these funds directly contradicts
the intent of Congress, which directed that these funds be used for the
whole Klamath Basin and for Basin-wide restoration projects.   "It was
the intent of the U.S. Congress to distribute this money throughout the
entire basin and not to bifurcate it. Doing so will not solve the long-term
problems in the Klamath Basin," Thompson wrote Veneman.  

     Meanwhile, many farmers in the Klamath Irrigation Project are
deeply dissatisfied with the leadership of the Klamath Water Users
Association (KWUA). They feel the KWUA betrayed the interests of
many Project farmers by helping to kill the $175 million Klamath
restoration provisions in the recently passed Farm Bill.  The provisions
would have provided money for willing seller land retirement as part of
demand reduction.  Only $50 million was ultimately obtained, and that
money cannot be used for demand reduction.  In a letter to the KWUA, a
group of 50 Project landowners noted that: "Association spokesmen, the
most vocal of which do not own Project land, have made it abundantly
clear that the primary reason behind the Association's objection to the
now defeated relief package was its demand reduction provisions
through which land or water easements would be purchased from willing
sellers.  Association letters to Senator Wyden expressing objections to
the Wyden/Smith legislation, the obvious solicitation of Congressman
Walden's support for the Association position, and the expressed
position statements as reported by the news media have shown a
complete disregard of our interests." For background, see Sublegals
5:11/02; 5:07/05; for more information contact John Anderson at: (530)
667-5140.

    Over-allocation of the limited water in the Upper Klamath Basin
continues, further exacerbating water conflicts that are likely to resurface
in the next dry year.  On 7 June, the Oregon Water Resources
Commission rejected a multi-group petition to close the Upper Klamath
Basin to approval of additional water and well permits until the demand
can be brought into balance with the supply (see Sublegals 5:22/07).  For
information on the Petition, see:
http://www.waterwatch.org/klamath/pressrelease5-28-02.htm.  For a
copy of the Petition itself, go to:
http://www.waterwatch.org/klamath/petition.htm. 
 
     5:26/09. SKAGIT WATERSHED PLANNING PROCESS SEEKS
COMMERCIAL FISHERMEN.  The Skagit, Washington salmon
restoration effort is looking for commercial fishermen to join its
Commercial Fishing Caucus. The Washington State Legislature passed
HB 2514, the "Watershed Planning Act" (1998), to address the state's
water resource issues through local watershed planning.  The Skagit
watershed planning is done through the Planning Team, a body
composed of various stakeholder interests and caucuses.  The Planning
Team's goal is to develop a comprehensive and long-term watershed
plan for salmon restoration in the Skagit River watershed.  The Team is
currently addressing water quantity and instream flows with a focus on
the Samish Basin.  It has just completed the technical assessment phase
and will begin identifying issues in July.  Its goal for completion of the
watershed plan is 31 December.  The Team is specifically looking for
commercial fishermen to take part in this process as a member of its
Commercial Fishing Caucus.  A caucus serves as a vehicle for those with
related interests to come together, discuss issues, and give input to
develop a restoration management process.  Commercial fishermen are
urged to contact Deborah Bartley at (206) 583-0655 or by e-mail at:
dbartley@triangleassociates.com.                                              
                  

     5:26/10.  NEW STUDY LINKS DELAYED MORTALITY AND
DAM STRESS:  A recent report published in the North American
Journal of Fisheries Management, Vol. 22, No. 1 (April 2002), at pp.
35-51, directly links delayed mortality of Snake River salmon and
steelhead to their passage through the four hydropower dams on that
river.  Finding substantial delayed mortality linked to hydropower dam
passage undercuts the current Snake River restoration plan. The current
plan calls for retaining the lower four Snake River dams and trying to
restore endangered and threatened salmon and steelhead in that river by
other means, including barging and other artificial transportation
techniques. The report, "Evidence Linking Delayed Mortality of Snake
River Salmon to Their Earlier Hydrosystem Experience," by Phaedra
Budy, Gary P. Thiede, et. al., can be found in the American Fisheries
Society archive by searching by author or title at:
http://afs.allenpress.com/afsonline/?request=index-html.

     5:26/11. TWO NEW VIDEOS ON DAM REMOVAL: Green Fire
Productions released two 20-minute videos on the nitty-gritty of dam
decommissioning and removal.  The videos are designed to educate
communities on the pitfalls and economic advantages of removal.  The
first, "Bringing Back the Salmon: Bypassing Dams to Restore Snake
River Salmon," is an award-winning presentation laying out the
economic argument for decommissioning the four Lower Snake River
dams.  The second, "Taking a Second Look: Communities and Dam
Removal," profiles three communities that took the difficult step of dam
removal, featuring interviews with politicians, decision makers and
concerned community members, many of whom initially opposed
removal but who were later convinced that it benefited their
communities.  For a free preview copy or to order, contact Karen Meyer,
Green Fire Productions, (503) 736-1295 or by email at:
karen@greenfireproductions.org.

     5:26/12. NMFS HATCHERY LISTING REVIEW PROCESS
SLOWS: The National Marine Fisheries Service (NMFS) is considerably
behind schedule in figuring out where hatchery fish fit into management
of endangered species, according to a 21 June story in the Columbia
Basin Bulletin.  NMFS divides the fish into evolutionarily significant
units (ESU) for protection under the Endangered Species Act (ESA).  At
issue is when and where it is appropriate to include hatchery fish in an
ESU.  NMFS was more or less forced to review its current policy, dating
from April 1993, by a ruling by Federal Judge Michael Hogan in the
Alsea Valley Alliance case on 12 September 2001. Hogan's ruling threw
out the ESA listing of Oregon coastal coho salmon because hatchery fish
were included in the listing along with wild stock (see Sublegals
4:26/08; 4:24/19; 4:20/08; 4:18/02; 4:11/02).  That listing was later
reinstated on appeal to the Ninth Circuit Court of Appeals, but was
followed by numerous landowner suits attempting to throw out most
other salmonid ESA listings (see Sublegals 5:05/02) on the same basis. 

     NMFS announced in November of 2001 that it would undertake a
complete review of its hatchery inclusion policy for listing decisions,
and in early February NMFS also announced a status review of 24 of the
26 salmon and steelhead ESU currently listed.  NMFS expects to modify
existing listings or to make new listings consistent with its new hatchery
stock inclusion policy.  However, without such a policy in place, these
status reviews and listing modifications will also be delayed.  For the
story see the June issue of the Columbia Basin Bulletin, available in the
archives at: www.cbbulletin.com. 

     5:26/13. WASHINGTON SALMON POACHER FINED $5,000,
LOSES BOAT: A Washington State recreational fisherman who
admitted illegally poaching a 40-pound chinook salmon protected under
the federal Endangered Species Act (ESA), and who further admitted to
a long history of similar illegal poaching, was fined $5,000 on 10 June
for violating the federal Endangered Species Act.  The National Oceanic
& Atmospheric Administration's (NOAA) Office of Law Enforcement
(OLE), in coordination with Washington's Department of Fish &
Wildlife (WDFW), issued the fine.  WDFW also seized the man's
16-foot custom built recreational fishing boat, valued at another $6,000,
and will put it to use for law enforcement officers for river patrols. 
Poaching of ESA protected salmon has been a problem elsewhere, and
WDFW wants to substantially increase the fines and other penalties for
such offenses, according to WDFW; see:
www.wa.gov/wdfw/do/jun02/jun1002b.htm.  NOAA's Office of Law
Enforcement has provided $900,000 to the WDFW for the
implementation of a joint enforcement program to conduct additional
patrols to stop salmon poaching and conserve ESA protected salmon in
that state.

     5:26/14. LAWSUIT FAULTS FOREST SERVICE FOR IGNORING
SALMON BENEFITS FROM UNLOGGED FORESTS:  Five
conservation groups and a wildness retreat center in the Cascades of
Oregon have sued the U.S. Forest Service in Federal District Court in
Seattle for using an economic costs/benefits analysis that completely
ignores all economic benefits of unlogged forests, including their
productive value for salmon, clean water, recreation and wildlife
protection.  Focusing on 25 specific timber sales from various public
forestlands in Oregon, Washington and Alaska which are typical of
Forest Service practices, the complaint cites violations of the National
Forest Management Act, the Multiple Use and Sustained Yield Act, the
National Environmental Policy Act (NEPA), and the Forest and
Rangeland Renewable Resources Planning Act as well as the Forest
Service's own internal regulations implementing these statutes.  These
regulatory frameworks contain numerous mandates for the use of "full
cost accounting" of all economic costs and all economic benefits of
management decisions, including marketed and non-market benefits,
ecosystem services, and externalized environmental costs.  

     The Forest Service rarely, if ever, considers or quantifies the various
environmental benefits of not logging, nor does it consider the
environmental costs of logging, particularly with regard to economically
valuable and often endangered salmon and steelhead runs, thus
perpetuating a distorted cost accounting system that nearly always is
strongly biased in favor of logging, say natural resource economists. 
This suit may create a precedent on how intact forests and environmental
amenities are valued in future Forest Service management decisions,
with economic implications elsewhere. For a copy of the complaint see
the Forest Conservation Council's website at:
http://forestconservation.org/Litigation/finalcomplaint.doc.

     5:26/15. $59.8 MILLION IN CALFED RESTORATION GRANTS
ANNOUNCED FOR CALIFORNIA'S BAY-DELTA: California
Governor Gray Davis announced 26 June the approval of 50 ecosystem
restoration projects totaling $59.8 million as part of the CALFED San
Francisco Bay-Delta restoration program.  Projects include developing
wildlife-friendly agricultural techniques, scientific research in the
Bay-Delta estuary, salmon and steelhead habitat restoration in the
Sacramento-San Joaquin River watersheds, and installation of fish
screens.  A brief summary of each approved project and additional
information about the CALFED Ecosystem Restoration Program is at:
www.calfed.water.ca.gov/ecosystem_rest.html.  General information
about the CALFED Program can be found at: http://calfed.ca.gov.

     5:26/16. OIL POLLUTION RAMPANT SAYS "OIL IN THE SEA"
REPORT:  About 29 million gallons of petroleum enters the oceans off
North America each year, according to a recent study by the National
Research Council (NRC), part of the U.S. National Academy of
Sciences.  About 85 percent of that comes from a variety of small
sources and from runoff, rather than from highly visible major oil spills. 
New research also shows that the ecological effects of petroleum
pollution can be very long lasting, and that even small amounts can
seriously damage marine ecosystems. Of the human caused petroleum
pollution entering the oceans, says the NRC report, less than 8 percent
comes from oil tanker or pipeline spills, though those spills are a serious
problem because of their sheer volume of releases in a short time.  Much
of the rest of the oil pollution comes from runoff as well as many smaller
vessels plying coastal waters.  About 20 percent of the land based oil
pollution enters coastal waters in the Gulf, contributing to dead zones.
See: http://www4.nationalacademies.org/onpi/webextra.nsf/web/
oil?OpenDocument.

          5:26/17.  U.S. ADMINISTRATION POISED TO WEAKEN
CLEAN WATER RULES:  U.S. President George W. Bush's
Environmental Protection Agency (EPA) is considering issuing new
Clean Water Act rules on the implementation of non-point source
pollution standards ("total maximum daily loads" or "TMDLs") that
would weaken pollution criteria so as to de facto reclassify many
polluted rivers and lakes as unpolluted, raise the bar on the amounts of
pollution that would be allowed, weaken EPA oversight of state
pollution control laws, and eliminate EPA's independent obligation to
take action when state agencies refuse to do so to clean up polluted water
bodies. 

     Industry and agricultural groups dislike the TMDL standards process,
but have repeatedly lost in their efforts to weaken the Clean Water Act in
Congress and in the Courts, most recently with their loss in the
Pronsolino case in the Ninth Circuit Court of Appeals (see Sublegals
5:22/03).   For more information on the Administration's initiative, go to:
http://capwiz.com/cwn/home.

     5:26/18. FISH CONSUMPTION ADVISORIES LIST AT 2,618 FOR
2001: One indication that water pollution controls in the U.S. still have
far to go are the large number of health advisories still necessary to
protect public health from contaminated fish.  In 2001, for instance, 49
states, the District of Columbia and American Samoa issued a total of
2,618 health advisories warning the public of health risks associated
with consuming fish they caught themselves, according to records
published by the U.S. Environmental Protection Agency (EPA) in its
National Listing of Fish & Wildlife Advisories, available on the web at:
www.epa.gov/waterscience/fish. Almost 75 percent of advisories were
issued due to mercury contamination, an increasing problem worldwide
also linked to industrial air pollution. Advisories covered about 28
percent of the nation's total lake acreage and 14 percent of the nation's
rivers. Twenty eight  states now have statewide advisories, up from 23 in
2000.  In spite of progress, one third of the nation's rivers and lakes are
still not yet "swimmable and fishable," the standard established under
the Clean Water Act, according to the EPA's own reports.

     5:26/19. CORAL REEFS SUBJECT OF CONGRESSIONAL
HEARING:  A hearing held 27 June in Washington, DC before the
House Resources Subcommittee on Fisheries Conservation, Wildlife &
Oceans explored the link between massive, worldwide coral reef die offs
and global warming.  Coral reefs are the nursery and rearing grounds for
many commercially valuable species, and also protect many of the
nation's coastlines, but have been dying all over the world at record rates
as seawater temperatures have been changing.  Diseases are also
spreading among the world's coral reefs, caused by poorly planned
human coastal development (see Sublegals 5:26/20 below).  

     5:26/20. HUMAN FECAL BACTERIA LINKED TO CARRIBEAN
CORAL DISEASE:  A disease decimating Caribbean coral reefs since
the mid-1990's is caused by a bacterium associated with human feces,
report researchers in a paper titled, "The etiology of white pox, a lethal
disease of the Caribbean elkhorn coral, Acreopora palmate," published in
the 17 June online edition of Proceedings of the National Academy of
Sciences, available by date at: www.pnas.org. The researchers identified
Serratia marcescens, a common human intestinal bacterium, as the cause
of white pox, a disease that has so devastated elkhorn coral in the
Carribean, once very common, that it may be soon listed on the federal
Endangered Species List.  While the researchers were not able to say
how the bacterium got to the coral, and the bacterium does occur in other
animals, human sewage in the nearby Florida Keys is still treated in large
septic fields rather than undergoing the extensive secondary treatment to
kill bacteria that is required in most areas, and increased water
temperatures due to global warming may be extending the bacterium's
range.  For more see the 17 June Yahoo News article located on the web
at: http://story.news.yahoo.com/news?tmpl=story&u=/ap/20020618/
ap_on_he_me/coral_disease_2.

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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