[Fishlink] ~~>FISHLINK SUBLEGALS 8/2/02<~~

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                     ~~>FISHLINK SUBLEGALS 8/2/02<~~
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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. 05                                         2 AUGUST 2002
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"If there is any fixed star in our constitutional constellation, it is that 
no
official, high or petty, can prescribe what shall be orthodox in politics,
nationalism, religion, or other matters of opinion or force citizens to
confess by word or act their faith therein.".... Justice Robert H. Jackson  
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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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IN THIS ISSUE.......

"Fast Track" Trade Legislation Passed by U.S. Senate; 
Fisheries in Need of "Fair Trade" Label? 6:05/01

Scottish Scientific Review of Aquaculture Operations 
on the Environment Issued. 6:05/04

Oregon Coast's Mysterious "Dead Zone."   6:05/06

New Report Blasts British Columbia's Management of 
Salmon Fishery. 6:05/11

Is it Time to Replace the U.S. Regional Fishery 
Management Councils?  6:05/16

AND MORE......
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     6:05/01. CONGRESS PASSES "FAST TRACK" TRADE BILL;
TIME FOR "FAIR TRADE" FOR FISHERMEN?:  The U.S. Senate, on
the eve of its August summer recess, passed a bill on the 1st of August
giving the President "fast track" authority to negotiate trade agreements
with other nations.  The House of Representatives barely passed the
measure the week before on a 215-212 vote.  The bill, a compromise
reached between conference negotiators from the two houses of
Congress, includes provisions insisted upon by the Senate to provide
health care and retraining for workers who lose their jobs as a result of
trade impacts. Potentially this could include U.S. salmon fishermen who
lose their markets to imported farmed salmon from nations such as
Chile, where the U.S. is currently negotiating a trade agreement (see
Sublegals, 4:24/14; 4:21/11; 4:16/15; 4:14/11). Ironically, it is the
Pacific Coast wild salmon fishery that is regarded as sustainable
(Alaska's salmon have earned the Marine Stewardship label and
California is considering applying for certification as well, and both
state's salmon fisheries are on the Monterey Bay Aquarium's "Seafood
Watch" green list) while salmon aquaculture is regarded as
environmentally damaging. Under the trade agreements, however,
environmental protection would be given short shrift, according to "fast
track" opponents.  

     "Fast track" gives the President the ability to freely negotiate trade
agreements without the usual "advice and consent" from the Congress. 
Congress cannot then amend or otherwise change a trade agreement
under "fast track," all it can do is vote it up or down.  U.S. Senator
Barbara Boxer (D-CA), who opposed the bill, made that point
emphatically, saying "I do not believe I should give up the legislative
authority vested in the Congress by the Constitution.  If Congress gives
up the ability to amend trade agreements, I would lose my opportunity to
fight for good jobs and help the environment."  Victor Menotti, a trade
specialist who advises PCFFA, put the passage of "fast track" more
succinctly. "It means there's no leash law," he said.  PCFFA, along with
numerous labor and environmental organizations, opposed the
legislation. For U.S. fishermen, who are not currently represented on any
of the industry panels advising the U.S. Trade Representative (USTR), it
means they will be forced to compete with cheap foreign imports and,
worse, compete on an "uneven playing field" with fishing fleets from
nations that do not adhere to strict conservation measures domestic
fishermen must abide by. It could also hurt artisanal fishermen from
Latin America, Asia and Africa who would likely be displaced by
multi-national fishing corporations operating under unfettered trade
agreements with the U.S.

     Currently, the only fishery representative to the USTR is from the
National Fisheries Institute (NFI) that principally represents fish
importers, exporters and distributors whose interests are sometimes
antithetical to those of working fishing men and women.  There is no
commercial fishermen or recreational fishing representation to the
USTR. The passage of "fast track," and lack of fishermen representation
to the USTR, has raised questions of whether there needs to be some
form of fair trade labeling for fish, in addition to the Marine Stewardship
Council (MSC) certification for environmental sustainability.  Coffee
products are the best known among food products bearing this type of
"Fair Trade" certification (e.g., Thanksgiving, Starbucks and some other
coffee makers sell "Fair Trade" coffee in addition to shade grown
organic varieties). Other fair trade-labeled products include: tea,
chocolate, cashews, gourmet grains, honey, salsa, syrup, orange juice
and other fruit juices, bananas, dried fruit, spices, vegetables, nuts,
sugar/sweets, wine, jewelry, musical instruments, toys, rugs. The "Fair
Trade" label at least informs consumers whether a living wage is being
paid the artisans or workers producing the product. Usually the label is
for products imported into the U.S., Canada, the EU and other wealthy
nations from Latin America, Asia and Africa.  However if U.S., or even
Canadian or EU, fishermen are going to be impoverished by trade
agreements to provide cheap goods for COSTCO customers and fast
food franchises, PCFFA has suggested that it may be time for a fair trade
label to protect all fishermen.

     For more information on the "fast track" legislation, see the 2 August
San Francisco Chronicle at: www.sfgate.com/cgi-bin/article.cgi?file=/
news/archive/2002/08/02/financial0407EDT0017.DTL. To learn more
about Fair Trade, go to: www.fairtradefederation.com, or
www.craftscenter.org . The International Federation of Fair Trade (160
fair trade organizations in over 50 countries) can be found at:
www.ifat.org/dwr/index.html. Other sources of information are:
www.transfairusa.org, and www.fairtrade.org.uk. A report with fair trade
facts and figures for European countries in 2001 is available at:
www.eftafairtrade.org/PDF/FT_f&f_2001.pdf.

     6:05/02. ECOLABEL CONFERENCE SCHEDULED FOR
NOVEMBER IN BOSTON: Tufts University's Friedman School of
Nutrition Science & Policy, along with the U.S. Department of
Agriculture's (USDA) Economic Research Service and Agricultural
Marketing Service will host a conference "Ecolabels and the Greening of
the Food Market," on 7-9 November in Boston, Massachusetts. 
According to the organizers, "the conference is a response to the rapidly
growing use of ecolabels, which has raised several questions: How
credible are they? How can labels motivated by bona fide environmental
concern be distinguished from those that are just a marketing ploy? How
well do consumers understand them, and how much confidence do they
have in them? What are the appropriate roles of government and private
organizations in setting standards and enforcing compliance?" For
details on the program, registration, and accommodations, go to:
www.nutrition.tufts.edu/conted/ecolabels. 

   6:05/03. OREGON INITIATIVE TO LABEL TRANSGENIC FOODS
MAKES NOVEMBER BALLOT: A ballot initiative to require the
labeling of all genetically altered or "transgenic" foods sold in Oregon
(see Sublegals, 6:03/09; 5:26/02) has now officially qualified for the
November 2002 ballot, but is expected to be strongly opposed. The
"Coalition Against the Costly Label Law," that includes the Oregon
Farm Bureau Federation, the Oregon State Grange, Oregon Grocery
Industry Association, Oregon Restaurant Association, Grocery
Manufacturers of America and other organizations, is expected to claim
the consumer information measure will hurt farmers (although many
farmers actually support better food labeling). For more information on
the issue, go to: www.thecampaign.org. To view the Oregon initiative
itself (No. 23-2002 election), search:
www.sos.state.or.us/elections/other.info/irr.htm.

     6:05/04. NEW SCIENTIFIC REVIEW OF AQUACULTURE
IMPACTS: A new scientific review of the research literature identifying
impacts of aquaculture on the environment has been published by the
Scottish Association of Marine Science and Napier University and made
available by the Scottish Executive Central Research Unit as part of the
ongoing controversy in Scotland about the role of aquaculture in that
country.  The report considers problems of aquaculture in the discharge
of wastes, antibiotics and chemicals; disease impacts on wild and farmed
stocks; escapes and the potential of such escapes to damage wild
populations, and; sustainability of food supplies.  

     The full report, "Review and Synthesis of the Environmental Impacts
of Aquaculture," is at: www.scotland.gov.uk/cru/kd01/green/reia-00.asp.
The complete  document is also available in pdf format (348k) (71
pages) at: www.scotland.gov.uk/cru/kd01/green/reia.pdf.   

      6:05/05. BALLAST WATER REPORTING SAID TO BE
WEAKEST LINK IN INVASIVES DEFENSE:  The first biennial report
of the National Ballast Information Clearinghouse (NBIC), a
collaborative effort of the Smithsonian Environmental Research Center
(SERC) and the U.S. Coast Guard, has highlighted the fact that of the
estimated 100,000 ships entering U.S. ports from foreign waters each
year, only 30 percent reported their ballast water practices during the
first two years reporting has been required by the U.S. Coast Guard
under the National Invasive Species Act of 1996.  Currently a violation
carries no penalty and compliance is voluntary. The finding prompted
the U.S. Secretary of Transportation to recommend to Congress that
future noncompliance carry a penalty.  Similar laws also exist in Oregon
and Washington, which consequently also have highest regional rates of
reporting, at 67 percent.  Poorest compliance rates are from the Gulf of
Mexico, with only 17 percent of ships reporting. 

     Ships' ballast water, used to maintain stability, is a leading pathway
for the unwanted transfer of non-native organisms throughout the world,
invasions that have caused many billions of dollars in damage to
fisheries and aquatic ecosystems worldwide (see Sublegals 4:16/03;
4:07/15; 4:03/19; 3:14/06; 2:18/15; 2:03/18; 1:12/07).  California has
been so hard hit that it now has a law requiring ships to exchange ballast
water offshore to prevent estuary contamination with exotic species (see
Sublegals 1:06/08).  The NBIC database and full report is available at:
http://invasions.si.edu/ballast.htm.

   6:05/06. OREGON COASTAL DEAD ZONE STILL A MYSTERY: 
A large and unusual anoxic "dead zone" has appeared off Oregon's
central coastline, and the cause is still something of a mystery.  The dead
zone, which contains too little dissolved oxygen for fish and other
aquatic creatures to survive, has resulted in large localized fish kills. 
Even crabs and invertebrates, generally more resistant to anoxic
conditions than fish, have died off within the dead zone in large
numbers.  Scientists speculate that the dead zone, though never seen
before in this area, is a short-lived natural phenomenon due to unusually
poor mixing of oxygen poor upwellings with oxygen-rich surface waters. 
The news of Oregon's dead zone comes on the heels of information from
the Gulf of Mexico that the dead zone there this year is the largest on
record. For more information on the Oregon dead zone, see the 31 July
Oregonian at: http://www.oregonlive.com/news/oregonian/index.ssf?/
xml/story.ssf/html_standard.xsl?/base/front_page/1028116727125730.
xml.

      6:05/07. OIL PIPELINE PROPOSED FOR GEORGE'S BANK
FISHING GROUNDS:  The Halifax Herald reported on 19 July on the
plans of energy giant El Paso Corporation to lay a high pressure gas
pipeline squarely through Eastern Canada's Georges Bank, right in the
middle of some of the world's richest fishing grounds.  "We're getting
some positive feedback that laying the pipeline (there) may actually be
OK," said El Paso executive Stan Baniuk in an interview to the paper.  

     The planned pipeline would start in the Shelburne area in Nova
Scotia, Canada, then angle down to New Jersey.  Laying the line through
Georges Bank would save 32 kilometers of pipeline at a cost savings of
$40 million (US), according to the company, out of a $2 billion project.
The project would also involve the construction of four offshore
platforms.  At present there is a moratorium in Canada on drilling off its
eastern coastline, intended to protect its fragile fisheries, but that
restriction may not apply to laying a pipeline. El Paso has dubbed the
project its "Blue Atlantic Transmission System" and designed it to carry
a billion cubic feet of natural gas per day at high pressure below the
Atlantic.  The company is expected to make its applications for permits
to the Canadian National Energy Board and the U.S. Federal Energy
Regulatory Commission (FERC) in late 2002. For company information
on the project see the El Paso Corporation web site at:
www.blueatlantic.net/default.asp?flash=1.      

     6:05/08. NEW REGULATIONS PROPOSED FOR CALIFORNIA
CRAB TRAP ESCAPE PANELS: The California Fish & Game
Commission, at its 1-2 August meeting in San Luis Obispo, has adopted
language for proposed changes for the destruct panels in Dungeness crab
traps, designed to create an opening in the gear if lost in order to prevent
the trap from continuing to fish (see Sublegals, 6:03/11).  At the request
of PCFFA and the Fishermen's Marketing Association, the change in a
Department interpretation of the current five-inch size panel rule was
proposed to conform with the way traps are now constructed.  Under the
language proposed for adoption at the Commission's October meeting in
Crescent City, Dungeness crab traps may either have the hooks to the
lids attached with a degradable cotton thread or a panel of at least five
inches in diameter sewn in the lid of the trap with degradable cotton
thread.  The difference between this language and what the Department
of Fish & Game (CDFG) was initially planning to enforce, is that the
new language will allow a single wire mesh to protrude into the opening
to anchor the degradable thread.  Attempts are being made to work out a
third alternative to allow for more than one protrusion into the opening
where the mesh size is smaller; however, it too would still have to
provide for the five inch diameter opening.  The language was jointly
developed by Department staff and the fishing industry.  A second
hearing on the matter will take place at the Commission's 29-30 August
meeting in Oakland. For more information, go to:
www.dfg.ca.gov/fg_comm. 

     6:05/09. FORGET RIVERS, NOW ITS FISHES IN DITCHES: 
David Crowley, a researcher at New Mexico State University (NMSU),
is studying ways to entirely do away with the over-allocated Rio Grande
River as habitat for the endangered silvery minnows that once inhabited
that river and just let them exist in irrigation ditches, according to the 25
July issue of the Albuquerque Journal. The NMSU research team he
heads is monitoring irrigation ditches that are part of more than 1,000
miles of a huge New Mexico and Texas irrigation water delivery system,
most of it unscreened, that has all but dewatered the Rio Grande, once
home to many species now protected under the federal Endangered
Species Act (ESA).  Crowley and his team are hoping to come up with
engineering modifications to make the extensive ditch system more "fish
friendly" so that ESA listed fish can live there instead of in the river,
thus allowing the river to be dried up entirely.  According to a 1994
survey, 20 different fish species are now found in the Middle Rio Grande
Conservancy Irrigation District ditches alone, eight native to New
Mexico.  See:
www.abqjournal.com/paperboy/text/news/740366news07-25-02.htm 

     6:05/10. WASHINGTON COURTS UPHOLD INSTREAM FLOWS
FOR FISH: In a recent decision with major implications, the Washington
State Supreme Court upheld the power of state agencies to protect the
quality of public waterways, fish and wildlife resources by requiring
minimum instream water flows, even when those requirements cut into
existing water rights.  The decision upheld state authority to require a
dam operator to leave enough water in the river to protect fish, even
though this permit condition cut into the use of the dam owner's water
rights.  The decision validated the power of Washington State agencies
to do all that is necessary to regulate against "pollution" and defined
pollution broadly enough to include water diversions that seriously
impact fish, wildlife and recreational values held in trust for the public. 
The decision, Public Utility District No. 1 of Pend Oreille County v.
Washington Department of Ecology (Docket No. 70372-8) was filed 18
July 2002 and litigated for the public interest by the Center for
Environmental Law & Policy (CELP) as an intervenor. For more
information and a copy of the ruling see:
www.celp.org/html/sullivancreek.html.

     6:05/11. SALMON REPORT BLASTS B.C. FISHERIES
MANAGEMENT: A recent report issued by the Rainforest Conservation
Society, "Ghost Runs: The Future of Wild Salmon on North and Central
Coasts of British Columbia," documents how serious declines in British
Columbia wild salmon stocks have been masked by increasing use of
hatcheries and artificial spawning channels, while monitoring of habitat
and stream health has declined 47 percent. The report highlights an
alarming lack of information on most (70 percent) of the central and
north coast British Columbia salmon runs, and a disturbing trend of
habitat destruction and wild run declines for those areas from which
there is information. The report also emphasizes the risks to wild salmon
from expanding salmon aquaculture. For the Executive Summary see:
www.raincoast.org/research_salmon.htm.

     6:05/12. LAWSUIT THREATENED TO REINSTATE SALMONID
CRITICAL HABITAT PROTECTIONS:  On 31 July, a group of
conservation and fishing organizations, including PCFFA and IFR, sent
a 60-Day Notice of Intent to Sue to the National Marine Fisheries
Service (NMFS) asking that agency to redesignate "critical habitat" for
listed salmon and steelhead runs that should be protected under the
federal Endangered Species Act (ESA).  The ESA requires that NMFS
designate critical habitat, to the maximum extent prudent and
determinable, concurrent with the listing of a species (16 U.S.C.
1533(a)(3)).  However, in a settlement of a lawsuit by the National
Association of Homebuilders and a number of other property rights and
landowner groups, the Bush Administration earlier this year agreed to
terminate what it deemed flawed critical habitat designations for 19 of
the 26 west coast salmon and steelhead stocks now listed (see Sublegals
5:11/01), but has taken little or no action toward relisting critical habitat
for those stocks as required by law.  

     In their letter, the groups proposed that NMFS commit to an
acceptable schedule within which to complete redesignation of critical
habitat in order to avoid litigation, offering to meet with NMFS staff to
work out such a schedule.  Without protection of critical habitat, a
number of activities, including urban development, could take place in
what would otherwise be protected areas necessary for their survival. 
The groups are represented by Earthjustice Legal Defense Fund.  For
more information see:
http://www.earthjustice.org/news/display.html?ID=420.

      6:05/13. DUELING SALMONID LISTING/DELISTING
PETITIONS RECEIVED BY NMFS: The National Marine Fisheries
Service (NMFS) has accepted an Endangered Species Act (ESA)
delisting petition from the Central Coast Forest Alliance, a timber
industry coalition, asking for the delisting of the Central California Coast
coho salmon, based on the Alsea Valley Alliance ruling (161 F.Supp.2d
1154, D. Oregon 2001) (see Sublegals 4:24/19; 4:20/08; 4:18/02;
4:11/02), a ruling that was later stayed on appeal.  "This is yet another in
the 'Alsea Valley look-alike cases' by which industries and landowners
are seeking to overturn existing ESA protections for salmon and
steelhead all along the west coast," said PCFFA Northwest Regional
Director Glen Spain (refer also to Sublegals 6:04/08).

     NMFS also accepted two listing petitions from conservation and
fishing groups (including PCFFA and IFR) asking for the relisting or
revised listing of 16 evolutionarily significant units (ESUs) of chinook
salmon (Oncorhynchus tshawytscha), coho salmon (O. kisutch), chum
salmon (O. keta), and steelhead (O. mykiss) that are currently listed as
threatened or endangered under the ESA.  This is a petition organized by
Trout Unlimited asking NMFS to make new listing determinations that
would overcome the problems raised by the Alsea Valley Alliance case
(see Sublegals 5:17/05; 4:26/08). NMFS accepted the three petitions for
review in a notice published in the 25 July Federal Register  (Vol 67, No
143, pp. 48601-48603). However, by the time NMFS has to make a
decision (1 year from acceptance) the procedural problems NMFS faced
in the Alsea Valley Alliance decision will likely be moot, either because
of a ruling on that case from appeal to the Ninth Circuit Court of
Appeals, or the finalization of a new NMFS hatchery stock ESA listing
policy (see Sublegals 6:04/09). To access the Federal Register, go to:
www.access.gpo.gov/su_docs/aces/aces140.html.

     6:05/14. GREEN STURGEON LISTING MUST WAIT, SAYS
NMFS: Nearly a month after missing a statutory deadline to determine
whether the North American green sturgeon (Acipenser medirostris)
warrants ESA protection (see Sublegals 5:23/12), NMFS scientists are
still "reviewing the ancient fish's status" and a decision is not expected
until this fall, reports the 25 July Humboldt Times-Standard.  The fish
once roamed widely throughout the west coast from the San Francisco
Bay Delta to British Columbia, but water quality and quantity problems
have severely impacted the species and caused an 88 percent decline in
its historic range.  The fish still spawns in the Trinity River and Klamath
River of Northern California, in the San Francisco Bay Delta and
possibly in Oregon's Rogue River Basin.  The green sturgeon, unlike
other sturgeon, spawns in cold water and gravel habitat similar to what is
required for salmon and steelhead.  Siltation by logging, dewatering of
rivers, and agricultural and land development has largely eliminated
many of the deep holes that they require. The petition for listing can be
found on the web at:
www.sw-center.org/swcbd/species/grnsturgeon/petition.pdf.                     


     6:05/15. NEW MAGNUSON ACT STUDY HIGHLIGHTS
SUCCESSES AND FAILURES:  An institutional review of the
Magnuson-Stevens Fishery Conservation & Management Act by the
National Academy of Public Administration (NAPA) has concluded that
the nation's principal fisheries law achieved its major successes in the
early 1990's, but has since degenerated into a morass of conflicting goals
and management crises as U.S. fisheries management has been forced to
move from allocating abundance and encouraging exploitation to
managing scarcity and controlling overfishing.  The report, "Congress,
Courts, and Constituencies: Managing Fisheries by Default," noted that:
"A system that performed well in its prior role increasingly struggled
under the burdens of conservation, environmental protection,
over-exploitation, and increasing statutory and policy mandates" and
today is largely dysfunctional.

     The report identified lack of allocation by Congress of resources for
the National Marine Fisheries Service (NMFS) to do its job while
continually increasing its obligations, leading to lack of agency expertise
to deal with increasingly difficult problems, and noted that lack of
accountability coupled with processes that do not meet statutory
requirements have created institutional gridlock and exposed the agency
to increasing litigation.  As a case in point, the report found that of the
42 fishery management plans (FMPs) in place, 11 have been successfully
challenged in court in just the last three years and four more have court
challenges pending; 19 FMPs have been required by court order to have
new environmental impact statements (EIS) completed in 2003-2005; 30
FMPs have not had an EIS updated within the last five years, and; 7
FMPs have never had an EIS, even though required.  21 of these FMPs
involved overfished or endangered species. The report is expected to
have a major impact on the current Magnuson Act reauthorization fight
in Congress and can be found at: www.napawash.org.

     6:05/16. TIME TO REPLACE THE REGIONAL FISHERY
MANAGEMENT COUNCILS?: That is the subject of PCFFA's article
in the August issue of The Fishermen's News (pp. 15-17).  Given
conflicts of interest, the collapse of the New England and Pacific Coast
groundfish fisheries and the give-away by the North Pacific Council of
the Bering Sea crab fishery to processors, the article asks, is there a
better way to manage U.S. fisheries?  The Fishermen's News is inviting
comments on the questions asked in the article; comments should be
made to: dsipes@rhppublishing.com.  A copy of the August Fishermen's
News article is posted on the PCFFA website at:
www.pcffa.org/fn-aug02.htm.

    6:05/17.  CORRECTIONS:  In the article on carbaryl use in growing
oysters (6:04/06), it was erroneously stated that Larry Warnberg was on
the PCSGA board; he was only among its general membership -- from
which he was expelled.  By way of clarification, among the Shoalwater
Indian Tribe 90 percent of their pregnancies ended in miscarriage,
stillbirth, or infant death within the first year of birth between 1990 and
1992.  The U.S. Environmental Protection Agency (EPA) performed a
"snap-shot" study over two years (1994-96) to determine if this problem
was related to environmental toxins.  They reported that at least at that
time suspect environmental toxins were at acceptable levels except from
cranberry bogs where levels exceeded state and federal water quality
standards.  The report also recommended that long term ecological
impacts of carbaryl and glyphosate applications be studied.

     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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