[Fishlink] ~~>FISHLINK SUBLEGALS 8/9/02<~~

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                     ~~>FISHLINK SUBLEGALS 8/9/02<~~
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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. 06                                             9 AUGUST 2002
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"The genetically engineered crops now being grown represent a massive
uncontrolled experiment whose outcome is inherently unpredictable. The
results could be catastrophic."    .......Dr. Barry Commoner
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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.......

Labeling Bill for Genetically Engineered Seafood 
on its Way to California Senate. 6:06/01

GMO Food or Die? 6:06/03

Radical Reforms Called for in Aquaculture Practices.   6:06/06

Fish and Game Commission to Discuss Coho Listing 
and Moratorium on Transgenic Salmon. 6:06/08

Fish Stock Assessment Science Inadequate Says NOAA. 6:06/15

AND MORE......
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      6:06/01. BILL REQUIRING CONSUMER NOTICE FOR
GENETICALLY ENGINEERED SEAFOOD HEADED FOR FLOOR
OF CALIFORNIA SENATE:  On 5 August, the California Senate
Appropriations Committee approved legislation to require labels for
consumer notification of genetically altered, or "transgenic," seafood in
the state, sending the measure on to the Senate floor.  The bill, AB 791,
is by Assemblymember Virginia Strom-Martin (D-Duncan Mills) who
chairs the Legislature's Joint Committee on Fisheries & Aquaculture (see
Sublegals, 5:26/01).  It is supported by a broad coalition of food safety,
consumer, conservation and fishing organizations, including the Center
of Food Safety, Natural Resources Defense Council (NRDC), The Ocean
Conservancy, California Trout, Institute for Fisheries Resources, Sierra
Club and PCFFA.   "More than 33 countries have pledged to introduce
some form of mandatory labeling," said Strom-Martin.  "California
consumers should be entitled to make informed decisions about
genetically engineered fish. Given the lack of thorough long-term
scientific testing, these transgenic fish present unknown risks to human
health." 

     AB 791 is in response to an application now pending before the U.S.
Food & Drug Administration (FDA) to allow commercial production of
the first genetically modified animal - Atlantic salmon - for human
consumption (see Sublegals, 6:02/06; 5:09/01; 5:04/11; 5:02/12;
5:01/05; 4:16/13; 4:02/06; 3:19/03; 3:15/19; 3:13/09; 3:07/15; 3:03/15;
2:16/11). Concerns have been raised that these fish, which would be
marketed to and grown in salmon farms throughout the world, pose
potential environmental and public health risks. The potential human
health risks include allergic reactions, increased toxicity levels and
elevated growth hormone levels. Impacts of transgenic fish to the natural
environment include the escape of farmed fish, which can lead to
interbreeding, competition for food and habitat and the consumption of
native fish. The FDA's competence to review the environmental impacts
of genetically modified seafood have raised serious questions, since the
agency is not required by law to consult with state or federal fisheries
management agencies. In addition, the new growth hormone that
transgenic salmon will produce is considered a drug. The salmon will be
regulated under the FDA's veterinary drug statutes, which do not require
labeling.

     Earlier this year, Sierra Club President Carl Pope, describing the
FDA's involvement with genetically altered foods, commented, "What
we have here is an Enron-style regulatory structure creating a
Frankenstein-style industry."                                                 
                       

     While the Strom-Martin bill, as well as the legislation by State
Senator Byron Sher (D-Palo Alto) and Assemblymember Joe Nation
(D-Greenbrae), have encountered considerable opposition from
segments of the biotech and aquaculture industry, food processors and
seafood distributors, there has been an overwhelming indication of
public support for labeling of products that have been genetically
modified. In a June 2000 Harris Poll, 86 percent of Americans thought
the government should require the labeling of food products that contain
genetically modified ingredients. An ABCNews.com poll in June 2001
showed 93 percent favored labeling of genetically modified foods and
they remarked, "such near unanimity on public opinion is rare."  

     In the meantime, a letter was sent out to aquaculture scientists from
Dallas Weaver of Scientific Hatcheries, a Huntington Beach, California
operation, with a dire warning. "These people [PCFFA, IFR, Ocean
Conservancy, NRDC] won't give up and are a real threat......," wrote
Weaver. "This is a modern day Luddite movement and we are the
targets."  Proponents of identifying and controlling genetically-modified
fish dismissed Weaver's rhetoric.  "We are neither anti-progress, nor
anti-research, but we're not lemmings," said IFR's Natasha Benjamin. 
"The issue regarding the commercialization of transgenic fish for use in
aquaculture is whether the protection of consumers, our fish stocks and
those who depend on them will be paramount to the profits of biotech
entrepreneurs."  For more information, go to:
www.leginfo.ca.gov/bilinfo.html and search under AB 791.

     6:06/02. FDA PUTTING NEW EMPHASIS ON BIOTECH
ANIMALS?: Dr. Larisa Rudenko, of the Washington office of a firm
called Integrative Biostrategies, LLC, accepted a two-year Title 42
appointment as a Senior Science Advisor at the U.S. Food & Drug
Administration's (FDA) Center for Veterinary Medicine in late July. She
has been assigned to the Risk Assessment Team at the Office for New
Animal Drug Evaluations, where she will help develop guidance and
regulations associated with transgenic and cloned animals.  Rudenko has
been involved in biotechnology risk assessment since the late 1980s.  To
learn more, contact Dr. Rudenko at lrudenko@cvm.fda.gov. 

     6:06/03.  GMO FOOD OR DIE?  Africans suffering from hunger are
faced with a tough decision:  eat genetically modified food they suspect
may not be safe, or risk starvation.  The U.S. has offered emergency food
aid to seven African countries, though at issue is whether or not to
accept the genetically modified corn.  According to the 6 August
Christian Science Monitor, "Zambia's president, Levy Manawasa, said
last week that despite its need, his country would not accept American
food aid if it cannot be proven safe."  One Zambian man had this to say: 
"We think that if we eat that food, bad things could happen to us, like
cancers could grow in our stomachs.  I would rather starve than eat that
food."  Proponents of the technology claim genetic engineering will help
solve world hunger.   Others, however, say claims of increased yields are
false and that allergic reactions and pollution through cross-pollination
are problematic.  To read more, go to:
http://www.csmonitor.com/2002/0806/p01s03-woaf.html. 

     6:06/04.  FISH FARMS THREATEN WILD SALMON:  Salmon that
escape from Scottish fish farms "constitute a major threat to wild
populations" says a new government report from Scotland (see
Sublegals, 6:05/04).  The study cited a drop in genetic variability in wild
populations and direct competition for resources.  The results came just
two weeks after people at an international aquaculture conference spoke
of similar issues.  A representative from Scottish Quality Salmon, an
industry group, said the findings were "inconclusive" and that economic
and health benefits to people on the coast are a positive side of the
industry.  To read the article, go to:
http://news.bbc.co.uk/1/hi/scotland/2167661.stm.

     6:06/05. US GOVERNMENT SUBSIDIES FOR OPEN OCEAN
AQUACULTURE: Sea Grant News & Notes of 22 July reports new
technology is being tested this summer in the Gulf of Mexico
"hopefully" for the creation of an open ocean aquaculture industry. "A
team of researchers, government agencies and private companies - from
nine states - make up the regional Gulf of Mexico Offshore Aquaculture
Consortium (OAC) which is engaged in a multi-year research endeavor
to test the waters of the Gulf for such an industry. The Gulf of Mexico
project is part of a series of scientific research projects funded and
coordinated by NOAA's National Sea Grant College Program 13 states
and territories.

     "In August the Gulf OAC, headquartered at the Mississippi-Alabama
Sea Grant Consortium, will stock an aquaculture research cage with
cobia that will reach market size in a year.  It will be a unique home as
their cage, located 25 miles off the coast of Pascagoula, Mississippi,
tests the use of a single-point mooring system developed by researchers
at MIT [Massachusetts Institute of Technology] - the only one in the
world used by an aquaculture operation." 

     Sea Grant went on to report, "Cage aquaculture research projects in
Hawaii and New Hampshire also are funded to operate through NOAA's
National Sea Grant College Program.  In Hawaii, a giant sea cage,
several times larger than the one in the Gulf, has already been approved
for commercial use.  The original project stocked 70,000 Pacific
threadfin, or moi, a native but increasingly uncommon fish once reserved
solely for royalty, and the commercial growers anticipate crops of
100,000 fish per cage.  As the first fully permitted open ocean
aquaculture site in the U.S., it represents the start of an industry with an
earning potential of over $400 million per year in Hawaii alone.  New
Hampshire's aquaculture cages stock haddock, cod, and halibut, and also
use the MIT-designed "Robo Feeder" system.  Other NOAA supported
projects will also soon be underway in waters off Puerto Rico and
Washington State."   For more information, contact Jim McVey,
National Oceanic & Atmospheric Administration's (NOAA) National
Sea Grant College Program Aquaculture Program Director:
jim.mcvey@noaa.gov; or Chris Bridger, Mississippi-Alabama Sea Grant
Gulf of Mexico Offshore Aquaculture Consortium Project Coordinator:
chris.bridger@usm.edu.
                                                                              
                                        
   6:06/06. RADICAL REFORMS CALLED FOR IN AQUACULTURE
PRACTICES:  The 22 July issue of Sea Grant News & Notes also
reported on the availability of a new book, published by the University
of Rhode Island's Sea Grant Program, entitled Ecological Aquaculture:
Evolution of the Blue Revolution. In it, author Barry Costa-Pierce argues
that aquaculture will never meet its potential unless "it radically reforms
its practices and produces positive impacts on the environment and
society."  His recommendations for improving the aquaculture industry
include the following:

- Use of advanced waste collection and recycling programs
- Escapement control and recovery procedures  
- Reduction in the feeding of fish meal so aquaculture facilities do not
consume more protein    than they produce
- Submersible cages to eliminate the visual blight of surface facilities
- Elimination of the use of chemicals that are harmful to human and
ecosystem health
- Establishment of environmental labeling programs to certify products
produced or harvested in a sustainable manner so consumers can make
informed buying decisions
- Industry-wide enactment of professional codes of practice
- Better-coordinated facility planning and operations to maximize social
benefits, both regionally and locally

     The book is available for $110 (US) plus shipping and can be ordered
from URI Sea Grant at:
http://seagrant.gso.uri.edu/news/index.html#Ecological.  

     6:06/07.  BAN PROPOSED ON IMPORT AND
TRANSPORTATION OF SNAKEHEAD AND OTHER INVASIVE
FISH SPECIES: While the U.S. Government has yet to take action to
place controls on aquaculture operations whose fish, mostly non-native,
escape into the wild, nor to develop regulations regarding transgenic
fish, it has finally decided to take action to ban the import and
transportation of some particularly voracious non-native fish.  On 23
July, U.S. Interior Secretary Gale Norton announced plans to stop the
spread of snakehead, "a bizarre, voracious fish with razor-sharp teeth
that can walk on land, has attacked people and has been found in seven
states," reported the San Diego Union-Tribune (see Sublegals, 6:02/04).
According to the article, "Norton plans to list 28 species of snakehead
fish as an injurious species, the first step in banning them from being
imported or moved across state lines. Most are along the Eastern
Seaboard - Maine, Massachusetts, Rhode Island, Maryland and Florida -
but snakeheads have also been discovered in California and Hawaii."       
  
     The Union-Tribune reported that an "established colony of bullseye
snakeheads - the largest species, with adults about 4 feet long - was
discovered last year in residential lakes and adjoining canals in Tamarac
in Broward County, Florida. Since both juveniles and adults were found,
it was clear the fish have been reproducing. The agency [U.S. Fish &
Wildlife Service] said it is likely the bullseye snakehead "will expand its
range in peninsular Florida" because the fish like the climate. The
snakehead has been depicted as sort of a monster that can live on land
for three days. Snakeheads eat other fish, frogs and even ducklings, and
can walk on their fins across land to another lake or canal. Meanwhile,
USA Today reported 23 July, "Other dangerous invasives include the
poisonous lionfish, native to the western Pacific which is now found
from Long Island to Florida, and the Asian swamp eel with its 'voracious
appetite' which has been found swimming near the Everglades.  In
Illinois, a fish farm escapee, the Asian carp, has moved up the
Mississippi and is now just '25 miles from Lake Michigan.'"  For more
information, go to: www.doi.gov/news/020723.htm.

     6:06/08. COHO LISTING, REQUEST FOR RULES FOR
TRANSGENIC FISH, HIGHLIGHT FISH & GAME COMMISSION
MEETING:  The California Fish & Game Commission will meet 29-30
August at the Eilihu Harris State Building, 1515 Clay St. in Oakland. 
One of the main issues to be taken up will be the proposed listing under
the California Endangered Species Act (CESA) of coho salmon north of
San Francisco.  Coho in California are currently listed under the federal
Endangered Species Act and south of San Francisco are also listed under
CESA.  This agenda item was put over from the 1 August Commission
meeting (see Sublegals, 6:03/11). Other agenda items topics to be
discussed will be a state moratorium on planting transgenic fish in state
waters, and item was requested by the Natural Resources Defense
Council (NRDC), The Ocean Conservancy, IFR and PCFFA.  For more
information on the meeting, go to:
www.dfg.ca.gov/fg_comm/2002mtgs.html.

     6:06/09. OREGON SEAFOOD COMPANY CHARGED WITH
FELONY THEFT:  The Oregon seafood company Pacific Surimi LLC
was charged with felony theft on 5 August and was expected to plead no
contest.  According to the Oregonian, the company will pay $457,000 to
boat owners and the state for having paid too little for the Pacific whiting
they process into products such as artificial crab.  Pacific Surmimi LLC
will be on probation for five years and will agree not to retaliate against
fishermen who cooperated with investigators.  Company officials
admitted to shorting fishermen, but blamed it on their interpretation of
state rules.  To read the complete Oregonian article, go to:
http://www.oregonlive.com/regional/oregonian/index.ssf?/xml/story.ssf/
html_standard.xsl?/base/news/1028721596258030.xml.

     6:06/10.  IMPROVEMENTS TO FISH PASSAGE ON KLAMATH
SLATED:  The U.S. Bureau of Reclamation (BOR) has awarded a $10.8
million contract to replace the Klamath Project's "A" Canal headgate
built in 1907 that destroys Klamath Lake endangered suckerfish. 
Slayden Construction of Oregon was awarded the contract to build a new
fish screen, trash rack, headgate, two fish bypass pipelines, a fish bypass
pump, and a fish evaluation station in Klamath Falls, Oregon.  BOR
expects all in-canal work to be finished by April 2003 and a secondary
fish bypass pipeline to be done by October 2003.  For more information,
contact BOR's Jeff McCracken at (916) 978-5100.

     6:06/11.  CALIFORNIA UTILITY WILL ONLY SAVE SALMON
AND STEELHEAD FOR A PRICE:  The California utility Pacific Gas
& Electric (PG&E) is planning to bypass instream flows for spring-run
chinook and steelhead in Battle Creek, a tributary of the upper
Sacramento River, but not without compensation.   Representatives from
PG&E and the Bureau of Reclamation are scheduled to meet 13 August
to negotiate rates for lost revenues.  The decreasing cost of energy,
though, may prove advantageous to the agencies in their negotiations. 
The increased flows are part of a long-term restoration plan being
developed by the Battle Creek Working Group -- a group composed of
local landowners, PCFFA, water users, PG&E, local environmental
groups, and state and federal agencies (See Sublegals 5:25/13).  For
more information about the ongoing negotiations, contact Dave Gore
(BOR) at (916) 978-5302 or Todd Johnson (PG&E) at (415) 973-5314.    

     6:06/12. METHYLMERCURY AND TEMPERATURE GOALS TO
BE CONSIDERED IN THE CENTRAL VALLEY:  The Central Valley
Region of the California Regional Water Quality Control Board will
hold a series of public workshops and hearings in August and
September. A public workshop to receive comments on proposed
amendments to the Water Quality Control Plan (Basin Plan) will be 22
August at 0900 HRS in Sacramento.  The amendments would be to
adopt daily maximum and monthly average temperatures objectives at
Deer Creek.  Deer Creek, a tributary of the upper Sacramento, is a home
stream for the Endangered Species Act-listed Sacramento Spring-Run
Chinook salmon. Written comments will be accepted until 22 August
and should be submitted to Rik Rasmussen, RWQCB, Central Valley
Region; 3443 Routier Road, Suite A, Sacramento, CA  95827.  Action
will not be taken until the public hearing on 6 September in Redding at
City Council Chambers at 0900 HRS. For more information, e-mail:
rasmusr@rb5s.swrcb.ca.gov.  Also on 6 September, there will be a
hearing on proposed amendments to the Basin Plan for the Sacramento
River and San Joaquin River Basins regarding levels of methylmercury
and to reduce the concentration of mercury in fish, water, and sediments
of Clear Lake.  Written comments will be accepted until 22 August and
should be sent to Patrick Morris at the address given above.  To view the
draft staff reports for both sets of amendments, go to:
http://www.swrcb.ca.gov/~rwqcb5/available_documents/ under Basin
Plans.

     6:06/13. CORRECTION ON MERCURY:  In the 26 July issue of
Sublegals (6:04/05), it was stated, "Mercury from mining operations and
other industries pollutes oceans and lakes, accumulating in larger fish
such as sharks and tunas."  Reader Dr. Brock Bernstein, President of the
National Fisheries Conservation Center, writes, "Strictly speaking, this is
true. However, the majority of mercury in the world's oceans, and in
higher trophic level fish, comes from natural sources. Mercury is a
global pollutant and studies show no significant difference in mercury
levels between fish taken from areas directly subject to anthropogenic
pollution and those taken from areas without such pollution. The
scientists I speak to who work on this issue say that mercury would be at
levels of concern in higher trophic level fish even if human sources were
reduced to zero." Thank you for that correction.

     6:06/14. REVIEW PANEL BLASTS COLUMBIA DREDGING
PLAN: On 9 August, a select panel of experts chosen by the U.S. Army
Corps of Engineers (COE) to analyze its Columbia River Channel
Deepening Project blasted the COE's most recent and revised economics
analysis of the project as still based on overly optimistic assumptions,
and also pointed out that the effect of the project might be to reduce,
rather than increase, the number of ships using the port as presumably
shippers would convert to larger draft boat, with one boat hauling what
several smaller boats would otherwise have carried.  The deepening
project has been very controversial, and strongly opposed by coastal
ports such as Astoria that would lose shipping business, as well as by
salmon and crab fishermen who fear the impacts of massive dredging on
these resources (see Sublegals 5:10/13; 4:09/15; 4:04/12; 2:14/08;
2:08/05; 2:06/10; 1:25/06; 1:08/03; 1:07/01).  For details, see the 10
August issue of The Oregonian  at: www.oregonlive.com/printer/
printer.ssf?/xml/story.ssf/html_standard.xsl?/base/front_page/102898075
1324590.xml.

     6:06/15.  FISH STOCK ASSESSMENT SCIENCE INADEQUATE
SAYS NOAA:  WorldCatch Wave reported 1 August that National
Oceanic & Atmospheric Administration (NOAA) scientists say existing
data and life history information are too sparse to provide useful
assessments for more than 60 percent of regulated, U.S. marine fish
stocks.  The NOAA scientists suggested a three-tiered approach to
address the problem including better use of data, more advanced
analysis, using more sophisticated assessments that include ecological
relationships, and partnering with other groups.  The panel
recommended 600 additional positions.   New England commercial
fishermen are pushing for the necessary funding to allow fisheries
management to rest on a solid statistical foundation.  For more
information, go to: www.worldcatch.com. 

     6:06/16.  CONGRESSIONAL QUARTERLY ISSUE FOCUSES ON
FISHERIES:  The latest issue of Congressional Quarterly Researcher is
dedicated to U.S. fishery policy.  The 32-page special issue covers the
history of fishery management and the current situation.  Issues include
the reauthorization of the Magnuson-Stevens Fisheries Conservation &
Management Act, ongoing lawsuits, aquaculture, consumer education,
marine reserves, and quotas.  To find out more about the Congressional
Quarterly Researcher, go to: http://www.cq.com/home/home.jsp.

     6:06/17. HOUSE ACTION ON MAGNUSON
REAUTHORIZATION TO COME AFTER AUGUST RECESS:  The
U.S. House of Representatives is on its August recess and is expected to
take up legislation to reauthorize the Magnuson-Stevens Fishery
Conservation & Management Act when it returns. On 10 July, the House
Resources Committee reported out HR 4749 by Representative Wayne
Gilchrest (R-MD) to amend and reauthorize the nation's fishery act (see
Sublegals, 6:02/01; 6:01/01).   The Gilchrest bill, however, is gaining
opposition.  Conservation and some fishing (e.g., PCFFA) groups are
already unhappy with the bill because it: 1) weakens existing provisions
of the Magnuson Act; 2) would allow processor quota shares in Alaska
and does not impose strict standards for individual fishing quotas (IFQs);
and 3) does not include language directing Saltonstall-Kennedy Act
funds for development of more selective fishing gear.  Recreational
anglers are unhappy because it doesn't ban longlines in areas of the
Atlantic and Pacific. And, now, the National Fisheries Institute (NFI),
representing fish importers, exporters, distributors and fast food seafood
outlets, has weighed in with its opposition.  NFI, which "assisted" staff
in drafting the bill and was prepared, before the full committee mark-up,
to write a letter of support, is unhappy with the legislation now that it
would ban processor quotas everywhere but in Alaska.  "Despite the best
efforts of Rep. Wayne Gilchrest, NFI cannot support his bill as approved
by the Committee," said Justin LeBlanc, Vice President of Government
Relations for the organization. "These onerous amendments [banning
processor quotas outside of Alaska and banning pelagic longlines in the
mid-Atlantic] will devastate fishing communities without any
discernible conservation benefits."  PCFFA Executive Director Zeke
Grader replied saying, "I don't know what's 'onerous' about banning
processor quotas so fishermen don't become sharecroppers and I think
LeBlanc's concern is more for the country club and not fishing
communities, but we're pleased his organization too, is unhappy with the
bill."  For more information, go to: www.conservefish.org. 

     6:06/18.  NATIONAL PARKS TO OFFER SUSTAINABLE FOOD: 
The largest operator of concessions in national and state parks is moving
toward more sustainable fair.  Xanterra Parks & Resorts, which operates
in Everglades and Yellowstone National Parks among others, offers
fair-trade organic coffee, grass-fed beef, and sustainable fish in several
of its restaurants.  They have also refused to sell Chilean Sea Bass
(Patagonian toothfish), Atlantic Swordfish, all species of shark and
Bluefin tuna.  They recommend species to guests based on abundance,
low levels of by-catch, and low impact practices.  Among those they
recommend are Dungeness crab and wild caught Alaskan salmon.  They
use a combination of seafood guides as well as their own considerations
of availability and price in deciding what to buy. For more information,
contact Mona Mesereau at: mona_mesereau@msn.com.       

   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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