[Fishlink] ~~>FISHLINK SUBLEGALS 7/5/02<~~

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                     ~~>FISHLINK SUBLEGALS 7/5/02<~~
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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. 06, NO. 01                                         5 JULY 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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"Loyal criticism of one's nation is the energy that recharges our
democracy. Dissent is not unpatriotic. Dissent is what Americans do."
      ......from the 4th of July 2002 San Francisco Chronicle editorial 
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IN THIS ISSUE.......

Magnuson Reauthorization Mark-up Put Over to 10 July.  6:01/01

Alaskan Crabbers Upset with IFQ Program That Gives 
Processors 90 Percent of Quota. 6:02/02

EPA Must Consult on Effects of Pesticides on Salmon 
and Steelhead. 6:01/05

FERC Staff Recommend Removal of Condit Dam.  6:01/08

Publications on the Effects of Offshore Oil Drilling on 
Marine Life Released. 6:01/14.

AND MORE......
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     6:01/01: HOUSE RESOURCES COMMITTEE TAKES UP
MAGNUSON REAUTHORIZATION, MARK-UP PUT OVER TO 10
JULY: The U.S. House of Representatives' Resources Committee
scheduled a "mark-up" session on 26 June, on a number of bills,
including legislation to reauthorize the Magnuson-Stevens Fishery
Conservation & Management Act, 16 USC 1801, et seq.  The
Committee's agenda for passing bills turned out to be overly optimistic,
with a number being put over and Magnuson only being partially dealt
with prior to floor votes and a recess for Congress' 4th of July break.
The House reauthorization vehicle is Representative Wayne Gilchrest's
(R-MD), HR 4749 (see Sublegals, 5:23/03).  Gilchrest's bill has been
criticized for being "half-baked" - having been written behind closed
doors by the Committee's majority staff with little input and no field
hearings whatsoever. Conservation groups have charged that the bill
weakens current protections in the law, while organizations representing
commercial fishermen are angry at language that allows fish processors
to hold quota shares as well as specific time lines for development of
trial ecosystem-based fishery management plans. 

     In the mark-up session on the 26th, three sets of amendments were
proposed. The first amendment offered was by the Committee's ranking
minority member, Representative Nick Rahall (D-WV) in the form of a
substitute bill.  Rahall's amendment was similar to the Congressman
Sam Farr's (D-CA) HR 2570 (see Sublegals, 4:03/01), with three
important changes requested by commercial and recreational fishing
groups regarding the definitions of bycatch, overfishing and the
precautionary approach.  That amendment failed after strenuous
objections from the former Committee chair, Representative Don Young
(R-AK) on a 21-15 vote, with some members voting against it because
of the rule preventing amendments to a substitute.  If the Rahall
substitute had passed, amendments being proposed by other Committee
members dealing with national standards for individual fishing quota
(IFQ) programs and west coast groundfish vessel buybacks could not be
taken up.

     A second set of amendments was proposed by Representative Jim
Saxton (R-NJ) dealing with white marlin.  Saxton's first two
amendments to close parts of the Atlantic to pelagic longlining were
voted down, but a third was adopted by the Committee to impose time
and area closures to protect white marlin.

     Finally, the Committee began taking up Representative George
Miller's (D-CA) amendment to put in place tough national standards for
IFQ systems, including a flat prohibition on processor-held quotas.
Miller charged that fishermen would become sharecroppers if
processors owned fishing quotas, and Representative Ed Markey
(D-MA) related processor quotas to the company store, humming the old
Tennessee Ernie Williams song "Sixteen Tons."  Miller's amendment,
reflecting many of the recommendations made by PCFFA, would also
require a referendum, with at least 60 percent of fishing captains and
crew voting in favor of any IFQ system before it could be adopted.
Debate did not finish on the Miller amendment before the Committee
broke for a floor vote.  It will be taken up again on the 10th.  Among
other amendments expected to be taken up when the Committee
reconvenes on Magnuson, is Representative Peter DeFazio's (D-OR)
buy-back language for the West Coast groundfish fleet.  To hear the
Committee mark-up of Magnuson, go to:
http://resourcescommittee.house.gov/audio.htm. 

     6:01/02: ALASKAN CRABBERS PROTEST NORTH PACIFIC
COUNCIL IFQ PROGRAM GIVING PROCESSORS 90 PERCENT OF
RESOURCE: Alaska crabbers and other members of that state's fishing
industry have reacted angrily to the North Pacific Fishery Management
Council's Individual Fishing Quota (IFQ) plan for the Bering Sea crab
fishery that would give 90 percent of the resource to fish processors (see
Sublegals, 5:24/01).  In a letter to House Fisheries Subcommittee
Chairman Wayne Gilchrest (R-MD) by the Crab Rationalization &
Buyback Group and the Alaska Marine Conservation Council (AMCC),
the groups refuted statements attributed to Gilchrest and Representative
Don Young (R-AK) that fishermen supported the processor quotas and
the action by the North Pacific Council.

      "We are opposed to processing shares, because of the undue restraint
of trade which they would create," said Gordon Blue, a Sitka crabber
and president of the CRAB Group, in a letter to Rep. Wayne Gilchrest,
R-Maryland, according to a 29 July Associated Press report. "Processing
quota would so disrupt the market relations we now have that it would
represent an end to independent harvesters."  Blue's group represents
more than 130 crab vessel owners. The letter from the Alaskans to
Gilchrest blasting the Committee for proposing processor quotas was
followed by a 1 July op-ed piece in the Oregonian, by Massachusetts
fisherman John Pappalardo and Missouri farmer Russ Kremer, blasting
IFQ language in the current House bill by Gilchrest. To see the
Oregonian IFQ opinion piece, go to:
http://www.oregonlive.com/opinion/oregonian/index.ssf?/xml/story.ssf/
html_standard.xsl?/base/editorial/1025351731197270.xml.  

     6:01/03.  FISHERIES OUTREACH WITH FLAIR:  Fishing women
of Cape Cod are turning heads.  In an attempt to raise awareness about
who's fishing and issues surrounding the fishing industry, the women of
the Nereid Network have put together a calendar of local women
fishermen.   The Nereid Network is named for the Greek sea god
Nereus's one hundred mermaid daughters who protected fishermen and
sailors.  The group aims to educate the public on the importance of
fishing at a time when restrictions on fishing are increasing.  The
calendar costs $17.95 and proceeds will be used for scholarships and
marine education.  For more information about the calendar or to place
an order, go to: http://www.boston.com/dailyglobe2/183/living/
A_calendar_with_a_hook+.shtml, or go to www.nereidnetwork.org. 

     6:01/04. ALASKA LEGISLATIVE TASK FORCE STILL IN LIMBO: 
To date, members of a Joint Legislative Salmon Task Force, designed to
recommend a fix for Alaska's ailing salmon fishing industry, have still
not been appointed. The task force has only six months more to provide
a full report to the Alaska Legislature, reports the 24 June
OnlineMariner.com.  House Speaker Brian Porter and Senate President
Rick Halford were to appoint four legislators to the Task Force, who
would then appoint seven others.  The Task Force has a budget of
$900,000 but no staff or members, though about 30 names have been
submitted. United Fishermen of Alaska (UFA) has been conducting a
statewide search for citizen Task Force members and encouraging
public participation.  For more information contact Tom Gemmell, UFA
Director, at the UFA Office at 211 Fourth Street, Suite 110, Juneau, AK
99801 or call (907) 586-2820. 

     6:01/05. COURT ORDERS EPA TO CONSULT ON EFFECTS OF
PESTICIDES ON SALMON AND STEELHEAD:  On 2 July a U.S.
District Court in Seattle ordered the U.S. Environmental Protection
Agency (EPA) to formally consult with the National Marine Fisheries
Service (NMFS) on the impacts of 55 listed pesticides on endangered
and threatened salmon and steelhead.  Though the EPA has never done
these ESA consultations in the 13 years since the first salmon
Endangered Species Act (ESA) listing, the Court ruled that it is
mandatory under the ESA.  The Court ordered that pesticide impact
consultations on at least 55 pesticides must begin by 15 July and end no
later than 1 December 2004. 

     The Court noted that EPA's own studies indicate that these pesticides
may significantly harm salmonids, and that many of these pesticides
have been detected in amounts that exceed aquatic conservation
standards in west coast salmonid-bearing rivers.  Any of 898 other
pesticides may be brought under the scope of the order at a later date;
however EPA stated that it is now planning to complete consultations on
those other pesticides by 2007.  PCFFA and IFR were co-plaintiffs in the
case with Washington Toxics Coalition and the Northwest Coalition for
Alternatives to Pesticides (see Sublegals 3:18/12; 3:05/02).  Interveners
included 37 chemical manufacturers and distributors associations, and a
wide variety of agribusiness associations and interests. Earlier efforts to
reach settlement with the EPA broke down when the EPA left the
negotiations without explanation (Sublegals 5:07/08). For more on the
ruling and a copy of the order itself go to:
www.earthjustice.org/news/display.html?ID=393.

     6:01/06. 60-DAY NOTICE FILED ON SUIT TO LIMIT USE OF
HERBICIDES IN KLAMATH PROJECT IRRIGATION CANALS:
Each year, herbicides such as acrolein are used approximately 100 times
to kill weeds in irrigation canals throughout the federal Klamath
Irrigation Project.  Acrolein, which is toxic to aquatic life even in parts
per billion, is typically left in standing water in the canals for a time,
then flushed into the Klamath River or nearby lakes, where it can impact
species such as coho salmon.  In 2001, the Ninth Circuit Court of
Appeals ruled in the Talent Irrigation District case that such uses require
a water pollution discharge permit from state agencies (see Sublegals
3:25/10). Oregon's Department of Environmental Quality (DEQ) has not
yet issued such permits, though some applications by irrigation districts
are pending.  

     With or without a permit, flushing herbicides directly into a lake or
river may violate the Endangered Species Act (ESA).  On 2 July, a
coalition of several different organizations concerned about declining
water quality in the Upper Klamath Basin (including PCFFA and IFR),
filed a 60-Day Notice to Sue with the Bureau of Reclamation (BOR),
threatening a lawsuit for failure to consult with the U.S. Fish & Wildlife
Service (USFWS) and the National Marine Fisheries Service (NMFS) on
the impacts of acrolein use on ESA-listed species as required by law. 
The problem is not a new one for BOR. The Bureau was required under
prior USFWS Biological Opinions (BiOps) in 1995 and 1996 to institute
an acrolein monitoring and reporting program but failed to do so.  The
60-Day Notice also includes commercial farmers' use of copper-based
fungicides within the public lands national wildlife refuges.  
Approximately 22,000 acres of these national wildlife refuges are leased
for farming.  Copper-based fungicides are also highly toxic to fish, and
plaintiffs are concerned that the chemicals will run off into the lakes and
harm fish. BOR was also required to monitor and report on these
compounds by prior Biological Opinions, but again failed to institute
such a program.  For more information, go to:
www.onrc.org/lawsuits/acrolein/acroleinuse.html.
 
    6:01/07.  NEW DAM REMOVAL REPORT: The Heinz Center for
Science, Economics & the Environment has issued a new report, "Dam
Removal: Science and Decision Making," focusing on small dams
holding less than 100 acre-feet of water.  The stated goal of the report is
to provide information on lessons learned from previous dam removal
projects without taking a position on the advisability of removal or
retention of dams in general.  To see the full report, go to:
http://www.heinzctr.org/NEW_WEB/PDF/dam_report_full-web.pdf.        

     6:01/08. FERC STAFF RECOMMEND REMOVAL OF CONDIT
DAM: A final Supplemental Environmental Impact Statement (SEIS)
issued 27 June by the staff of the Federal Energy Regulatory
Commission (FERC), the federal body that licenses hydropower dams,
recommends rescinding the license and supports a one-year removal
program for Condit Dam.  "We conclude that the benefits to
anadromous fish, wildlife and whitewater recreation outweigh the costs
associated with the loss of Condit Dam and Northwestern Lake,"
according to the FERC staff recommendation accompanying the
document.  The full Commission will meet 17 July to consider the
recommendation.  Condit Dam is owned by PacifiCorp, and has no fish
passage.  

     Faced with relicensing, PacifiCorp decided that the costs of
retrofitting the dam with fish passage as FERC required were simply too
high.  They proposed decommissioning the dam in protracted settlement
negotiations with Klickitat and Skamania County officials who oppose
dam removal.  Condit Dam is located three miles upstream from the
White Salmon's confluence with the Columbia River, about 60 miles
upstream from Portland, Oregon and provides 14 megawatts of
electricity.  As part of the settlement agreement, PacifiCorps is asking
FERC to extend its operating license to October 2006 to allow the
company to generate the funds to pay for full decommissioning.  For the
full story see the June issue from the archives of the Columbia Basin
Bulletin at: http://www.cbbulletin.com.

     6:01/09. OREGON NATIVE FISH POLICY ADVISORY BOARD
FORMED: The Oregon Department of Fish & Wildlife (ODFW) has
formed a Native Fish Conservation Policy Task Force to deal with and
advise the Department on wild fish conservation and hatchery policies
in Oregon. ODFW staff is proposing to replace the existing Wild Fish
Management Policy, which was adopted by the Fish & Wildlife
Commission in 1990 and amended in 1992, with a broader Native Fish
Conservation Policy.  The Task Force consists of 18 members with
diverse backgrounds, hand-picked by the Department.  For more
information on the Task Force see:
http://www.dfw.state.or.us/ODFWhtml/InfoCntrFish/nfcp_hmp.htm. 
The representative for the commercial salmon fishing industry is Bruce
Buckmaster, of Salmon for All, (503) 325-3831.  Salmon for All is a
PCFFA member association.    

     6:01/10. SEARUN CUTTHROAT POPULATIONS WILL NOT GET
ESA PROTECTION:  The U.S. Fish & Wildlife Service (USFWS)
announced 26 June their decision not to list the Southwestern
Washington/Columbia River stocks of coastal searun cutthroat
(Oncorhynchus clarki clarki), under the federal Endangered Species Act
(ESA). The USFWS made its decision not to list in part because it felt
that even though Washington populations are somewhat depressed and
logging has been a major cause of habitat damage, recent statutory
changes in forestry rules sufficiently protect the fish.  Independent
scientific reviewers have criticized those rules as inadequate to protect
fish (see Sublegals 1:16/02).

     The USFWS and the National Marine Fisheries Service (NMFS) had
proposed the fish for listing in that area on 5 April 1999.  Since that
time, NMFS has delegated responsibility for ESA listing decisions for
the species to USFWS because the fish spends most of its life in fresh
water and can survive being landlocked. One subspecies, the Umpqua
searun cutthroat, was previously listed by NMFS but was delisted April
2002 when it was lumped into a larger ESU ("evolutionarily significant
unit") of more abundant stocks.  Biologists say this process encourages
local extinctions. For more information, go to:
http://www.nwr.noaa.gov/1salmon/salmesa/cuttump.htm, and also see:
http://news.fws.gov/newsreleases.     

     6:01/11.  NMFS CLAIMS ATLANTIC SALMON POSE LITTLE
THREAT TO PUGET SOUND WILD FISH:  Despite significant
scientific evidence to the contrary, the National Marine Fisheries
Service (NMFS) has released a report claiming farmed Atlantic salmon
operations pose little risk to wild salmon runs in the Puget Sound region. 
Using previously conducted research, NMFS researchers looked at
competition between escaped fish and threatened Puget Sound chinook
and Hood Canal summer-run chum salmon as well as threats the
escaped fish may pose to the environment.  The study concluded that
Atlantic salmon do not pose a significant risk if three assumptions are
met:  1) The farmed salmon industry does not grow; 2) Farms continue
to raise Atlantic salmon as they have in the past; 3) No new Atlantic
salmon stocks are used (i.e., genetically modified salmon).                   
    

     The report was limited in scope.  Social impacts of salmon farming
were not addressed and results of the report cannot be generalized to
areas outside of Puget Sound. NMFS has been promoting aquaculture
and is offering Saltonstall-Kennedy Act funds to further promote salmon
farming in Maine. To read the report, go to:
http://www.nwfsc.noaa.gov/pubs/tm/tm53/tm53.pdf. 

      6:01/12.  PACIFIC STATES MARINE FISHERIES COMMISSION
ANNUAL MEETING SET FOR SANTA BARBARA:  The Pacific
States Marine Fisheries Commission (PSMFC) will hold its 55th annual
meeting 22-25 September in Santa Barbara, California.  One agenda
item will likely be discussion of Channel Islands Marine Reserves. 
Other agenda items will be finalized after the in-state meetings.  The
meeting will be at the Fess Parker Doubletree Hotel, adjacent to the
Santa Barbara coast, near the Stearns Wharf and just a few blocks from
the heart of the city.  The meeting will begin at 0800 HRS in the San
Miguel Meeting Room.  For more information and a registration form,
go to: www.psmfc.org. 

     6:01/13.  OIL SPILL TASK FORCE TO MEET:  The Pacific States/
British Columbia Oil Spill Task Force will hold its annual meeting 23
July in from 0830-1700 HRS in Tacoma Washington.  This year's theme
is "Doing it Right:  Balancing Regulatory and Non-regulatory
Approaches."  Directors of oil spill agencies of Alaska, Washington,
Oregon, California, Hawaii, and the Province of British Columbia will
meet with stakeholders and the public to discuss priorities for the year. 
For more information, go to:
http://wlapwww.gov.bc.ca/eeeb/taskforc/tfhome.htm.

     6:01/14.  EFFECTS OF OFFSHORE OIL DRILLING ON MARINE
LIFE IN THE SPOTLIGHT:  A report, "The acute and chronic effects of
wastes associated with offshore oil and gas production on temperate and
tropical marine ecological processes" by Douglas A. Holdway was
published in the Marine Pollution Bulletin, Vol. 44 (3) (2000) pp.
185-203.  The paper reviews the effects of offshore oil and gas
production on temperate and tropical marine environments.  For more
information, go to:
http://www.elsevier.com/gej-ng/10/32/47/48/34/43/abstract.html. 

     Another related publication is the book, Bioaccumulation in Marine
Organisms:  Effect of Contaminants from Oil Well Produced Water by
J.M. Neff.  Offshore oil and gas production facilities use and discharge
large volumes of water into the marine environment. This book
addresses the concern that the chemicals in this "produced water" may
harm marine life, reviewing the chemical composition of produced
water and current scientific literature covering each of the contaminants
found in produced water.  The author discusses the toxicity of arsenic,
barium, cadmium, chromium, copper, lead, and mercury among others. 
For more information go to:
http://www.elsevier.com/locate/isbn/0080437168. 

     6:01/15.  NMFS PROPOSES NEW SABLEFISH RULES:  The
National Marine Fisheries Service (NMFS) proposed in the 24 June
Federal Register (Vol. 67, No. 121. pp. 42525-42529) a revision in
sablefish tier qualifications for the limited entry, fixed gear, primary
sablefish fishery.  Under the revision, tier qualifications would include
sablefish landings taken under an exempted fishing permit (EFP) from
1984-1985 with setnet gear north of 38 deg. N. latitude.  To comment,
write to D. Robert Lohn, Regional Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE, Seattle, WA 98115 or Rod McInnis,
Acting Regional Administrator, Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213 by July 24, 2002. 
For more information, contact: Yvonne deReynier or Jamie Goen
(Northwest Region, NMFS), phone: 206-526-6140, or email:
yvonne.dereynier@noaa.gov, or jamie.goen@noaa.gov.  For the Federal
Register online, go to:  wais.access.gpo.gov.  
    
     In related news, NMFS proposed in the same volume of the Federal
Register (pp. 42750-42751) to withdraw the 19 May 2000 proposed rule
to prohibit set net (gillnet and trammel nets) fishing gear use for
groundfish species in areas of the U.S. exclusive economic zone (EEZ). 
NMFS said the rule is not necessary and appropriate for the conservation
and management of groundfish fisheries under the Magnuson-Stevens
Fishery Conservation & Management Act and the Groundfish FMP.  For
more information, contact: Svein Fougner, NMFS Southwest Region,
NMFS, at: (562) 980-4040.

     6:01/16.  EUROPEAN PARLIAMENT GETS TOUGHER ON
GMOs:  Members of the European Parliament (MEPs) voted to ban
imports of food or animal feed that contain accidental traces of
genetically modified material not approved by the European Union. 
According to a 3 July Environment Daily article, the most controversial
topic discussed in the 3 July meeting was labeling of genetically
modified foods.  New labeling requirements would include labeling
processed foods that may no longer contain modified material as having
been derived from GMOs and GMO-derived animal feeds.  "For once,
Europe is setting the global trend," said Natasha Benjamin, Director of
IFR's Good Fish Program.  "The U.S. administration may have to
reconsider their resistance to labeling if they want to sell to savy
European consumers."  To read the article, go to: 
http://ens-news.com/ens/jul2002/2002-07-03-01.asp. 

     6:01/17.  MEETING ON GLOBALIZATION AND FISHERIES TO
COMPLIMENT UN WORLD SUMMIT ON SUSTAINABILITY: The
United Nations World Summit on Sustainability will be held in
Johannesburg 26 August- 4 September.  The Artisinal Fishers
Association of the Republic of South Africa will host a pre-summit
meeting on globalization and fishing 24 August also in Johannesburg. 
Topics to be covered in the pre-summit meeting include: the effect of
globalization on fisheries; fishermen's access rights; building alliances
and networking, and; international activism and how to use it to bring
about change. For more information on the pre-summit meeting,
contact, Andrew Johnson at andyj@worldline.co.za.  For more on the
summit, go to: http://www.johannesburgsummit.org/
 
     6:01/18.  WASHINGTON STATE TACKLING GHOST NETS:  In
the State of Washington, efforts are underway to find and remove "ghost
nets" (abandoned fishing nets) from the ocean floor.  Fish, marine
mammals and other species can be trapped in nets that had to be
abandoned for many years after their loss at sea.  Washington State
officials estimate that there are hundreds of tons of abandoned fishing
nets in coastal waters, and that they are starting to have serious impacts
on marine ecosystems.  The Northwest Straits Commission has been
given a $75,000 grant by the National Oceanic & Atmospheric
Administration (NOAA) to help with the cost of removing five or six
large nets this year, according to a 1 July Fish Information & Services
(FIS) report (see http://www.fis.com and click on World News). The
Washington State Department of Natural Resources (DNR) also recently
raised a large net, several hundred feet long, from the bottom of the
Strait of Juan de Fuca, according to their press release at:
www.wa.gov/dnr/htdocs/adm/comm/nr02-63.htm.     

     6:01/19.  SYMPOSIUM ON FISHING AND BENTHIC HABITATS: 
The "Symposium on Effects of Fishing Activities on Benthic Habitats:
Linking Geology, Biology, Socioeconomics, and Management" will be
held 12-14 November in Tampa, Florida.  It is sponsored by the
American Fisheries Society (AFS), the Ecological Society of America,
National Oceanic & Atmospheric Administration (NOAA), and the U.S.
Geological Survey (USGS).  Three days of plenary sessions will cover
the following topics:  management and livelihood issues;
characterization and understanding natural change to bottom habitats;
understanding the ecological and economic effects of fishing, and;
minimizing the adverse effects of fishing on benthic habitats.  Poster
sessions and field trips will also be available.  For more information, go
to: http://walrus.wr.usgs.gov/bh2002/. 

     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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