[Fishlink] ~~>FISHLINK SUBLEGALS 8/30/02<~~
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~~>FISHLINK SUBLEGALS 8/30/02<~~
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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. 09 30 AUGUST 2002
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"September 11th marks a time of deplorable attacks on two great
democracies. In 1973, a CIA-backed junta overthrew the elected
government of Chile, killing President Allende and thousands of
civilians thereafter. On another Tuesday, 28 years later,
al-Queda-sponsored terrorists flew airplanes into buildings in New York
and Washington and a field in Pennsylvania killing thousands of
civilians.".................................................................Pe
ter Simon
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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.......
Proposed New CVP Water Contracts for Sacramento Valley
Threaten Salmon Populations. 6:09/01
U.S. Department of Interior Refuses to Defend Law Intended
to Protect and Restore Salmon. 6:09/03
GAO Report Says $3.3 Billion Squandered on Columbia
River Salmon Restoration. 6:09/04
World Summit on Sustainable Development Agrees to
Restoration of Fisheries by 2015. 6:09/10
California Legislature Passes AB 2888 Aimed at
Providing Regulatory Help for Fishermen. 6:09/11
AND MORE......
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6:09/01. PROPOSED NEW WATER CONTRACTS THREATEN
WEST COAST'S HEALTHIEST CHINOOK RUN: The second largest
salmon-producing river system in the lower 48 (second to the Columbia)
is California's Central Valley watershed made up of the Sacramento and
San Joaquin Rivers and their tributaries. By the early 1970's this system
had lost over 95 percent of its salmon spawning habitat, mainly from
impassable dams; the flow regimes in the rivers below the dams were
changed and much of the water was being diverted from the rivers or the
Sacramento-San Joaquin Delta before it could reach San Francisco Bay
and the Pacific. Over half the water from this system is diverted in most
years by the massive federal Central Valley Project (CVP) and the more
junior State Water Project (SWP). Two of the Central Valley river
system's major salmon populations, the winter-run and spring-run
chinook, are listed under the Endangered Species Act (ESA) (spring-run
are extinct on the San Joaquin) and fall-run chinook runs, while
abundant and supplemented by hatcheries, vary greatly depending on
water and flows in the rivers during the late fall, winter and early spring
months. In 1992, responding in part to the plight of the salmon,
Congress passed the Central Valley Project Improvement Act (CVPIA),
making fish protection a "project purpose" of the CVP and allocating
800,000 acre-feet of CVP yield for fish and wildlife protection. In most
years fish have suffered greatly from water over-allocation.
Despite the reforms made under the CVPIA to protect (and
supposedly double) salmon populations, as well as obligations under the
ESA and state law to protect fish, the federal administration is proposing
to roll over several dozen 40-year water contracts in the Sacramento
Valley with minimal reforms and minimal environmental review.
Currently, the U.S. Bureau of Reclamation (BOR), which operates the
CVP, and Sacramento Valley water contractors are negotiating renewal
of contracts for CVP water that expire in 2004. However, many of the
provisions in the draft 40-year renewal -- one might say nearly all the
provisions they've negotiated so far -- violate the CVPIA and other
reclamation law reforms. The draft renewal contracts as they currently
exist fail to balance beneficial uses of some 2.2 million acre feet of CVP
water, with negative long-term implications for the health of the
system's abundant fall-run chinook as well as the listed winter and
spring-run king salmon. Recent reforms in the CVPIA (such as the
25-year maximum term, tiered water pricing, etc.) are being ignored on
the theory that these are "water right settlements" and therefore normal
CVP rules do not apply.
The problem with their logic on the "water rights settlements" (the
agreement reached with pre-Shasta Dam Sacramento River water rights
holders) is that: (a) both the government and the growers admit that the
contracts provide additional "CVP project benefits" subjecting them to
federal Reclamation law, and (b) those alleged "water rights" have never
been proven and are vigorously disputed by the Bureau itself.
Conservation and fishing groups point to the following facts, objecting
to proposed contract renewals:
1. BOR's own analysis shows that the contractors are not using all of
their existing water allocations, even when the water is free;
2. BOR never considered all the other sources of water used by these
farmers in determining their "need" for the new contracts; even so, the
Bureau admits that more than 200,000 acre feet of the existing contract
totals is "unneeded," and the true unneeded total is probably many times
that amount; and
3. The contractors admit CVPIA applies, at least in part, to their
contracts, but BOR still won't apply it.
While many of the growers in the Sacramento Valley have, in recent
years, been good allies for conservation and fishing groups working to
restore habitat and rebuild fish populations, the proposed contract
renewals by this Administration do not promote water conservation and,
in fact, turn the clock back on water reform and fish restoration. The
negotiations are almost over and the BOR has asked for comments.
Comments can be sent to: Kirk Rodgers, Director, Pacific Region, U.S.
Bureau of Reclamation, 2800 Cottage Way, Sacramento, CA 95825, or
faxed to: (916) 978-5005. For more information on the contracts, contact
Michael Wall of the Natural Resources Defense Council (NRDC),
which has been representing many conservation and fishing groups on
this issue, at: mwall@nrdc.org.
6:09/02. BOR PROPOSING MORE DIVERSIONS FROM SAN
JOAQUIN WITH CALFED-FUNDED SURFACE RESERVOIRS: The
U.S. Bureau of Reclamation is promoting, through its CALFED partner,
feasibility studies for 16 new California reservoirs, under the auspices of
the Upper San Joaquin River Storage Investigation, to provide at least
700,000 acre-feet of additional surface storage. CALFED is the
state-federal partnership charged with restoring the San Francisco
Bay-Sacramento/San Joaquin River Delta ecosystem and developing
secure water supplies. According to BOR, a team of consultants is
conducting appraisals for new dams at Rodgers Crossing, Dinkey Creek,
Montgomery Reservoir, Temperance Flat, Hungry Hollow, Yokohl
Creek, Dry Creek, Mill Creek, Fine Gold Creek, plus proposed raises of
virtually every existing dam in the basin. While some new storage
facilities have been proposed on the San Joaquin, such as Temperance
Flat above Friant Dam, to better manage the water in the basin and
provide a source of water for fish flows below Friant, the new reservoirs
proposed for study are not intended to provide water for fish and
wildlife restoration, but merely to further reduce fresh water inflow to
the San Francisco Bay estuary. For more information, go to:
http://calfed.ca.gov/.
6:09/03 INTERIOR WILL NOT DEFEND CVPIA WATER
ALLOCATED FOR FISH AND WILDLIFE: U.S. Interior Secretary Gale
Norton said her department will not appeal a February decision by U.S.
District Court Judge Oliver Wanger that held in favor of the Westlands
Water District in a lawsuit challenging the accounting for 800,000
acre-feet of Central Valley Project Improvement Act (CVPIA) water for
fish and wildlife (see Sublegals, 5:10/05). Norton's decision is another
indication that the federal Administration, while not directly challenging
laws designed to protect fish and the environment, will just let them fall
by not defending them in court. Interior, as well as Commerce
(National Marine Fisheries Service), had a good chance of overturning
Wanger's decision before the U.S. Ninth Circuit Court of Appeals.
Wanger's decision makes a shambles out of the accounting practices for
CVPIA water; most of that additional water allocated by Congress to
protect and restore Central Valley, Delta and San Francisco Bay fish and
wildlife will now be counted when Endangered Species Act and other
non-CVPIA legal requirements upstream kick-in. Following that, the
water can then be diverted for cotton and other crops in the San Joaquin
Valley, effectively wiping out the additional water Congress had ordered
for fish and wildlife. For more information see the 27 August San
Francisco Chronicle report at:
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/0
8/27/MN190156.DTL.
MADE YOUR PLEDGE, GOT YOUR SARCASTIC FRINGEHEAD
SHIRT? GO TO: www.sublegals.net
6:09/04. $3.3 BILLION SPENT FOR COLUMBIA RIVER
SALMON RECOVERY, BUT WITH LITTLE TO SHOW FOR IT,
SAYS GAO REPORT: A recent report by the U.S. General Accounting
Office (GAO) states that the federal government has spent some $3.3
billion (US) to recover Columbia River Basin salmon and steelhead runs
over the past 20 years, mostly through the U.S. Army Corps of
Engineers' (COE) artificial transportation program to get fish around
dams, but with little or no demonstrable results. The COE spent nearly
$590 million since 1997, according to the report, just to move fish up
and down the river by truck and barge to get them around impassable
dams. Bonneville Power Administration (BPA) ratepayers paid for
approximately 71 percent of these costs, with the remainder paid by
federal taxpayers generally.
U.S. Senator Mike Crapo (R-ID) requested the report, asking GAO to
calculate how much the federal government has spent on salmon and
steelhead recovery since 1982 and what the result has been. The GAO
noted that while the COE claims success for its efforts, there is "little
conclusive evidence" to quantify any effects of their recovery actions.
The GAO notes that benefits may be hard to quantify because of large
annual fluctuations in returning adults. Fishing groups, however, believe
that artificial transportation programs are simply a failure and that the
government keeps squandering money on non-breaching options that
can never result in recovery.
Many scientists, including the Western Division of the American
Fisheries Society, have endorsed the decommissioning of the four lower
Snake River dams (in the Columbia's largest tributary) as a far more
effective (and less expensive) recovery option than trying to patch up the
existing system. The Clinton Administration's Columbia River Salmon
Recovery Plan "non-breach option," in place since 2000 (see Sublegals
2:25/01; 2:24/07; 2:22/08; 2:21/05; 2:04/04) and endorsed by the Bush
Administration, will also be expensive, with costs pegged by the State of
Oregon and the Columbia River Tribes at between $700 and $900
million per year for at least 10 years -- amounts that critics say far
outweigh any economic benefits provided by these four lower Snake
River dams. The National Marine Fisheries Service (NMFS) has also
admitted that breaching the four Lower Snake River dams is the single
most effective action that could be taken to promote recovery of salmon
and steelhead runs in that tributary, but ultimately chose to pursue a
non-breaching option because of political opposition to breaching dams.
The report, released on 26 July, "Columbia River Basin Salmon and
Steelhead: Federal Agencies' Recovery Responsibilities, Expenditures
and Actions" (GAO-02-612) is available through a search by title or
report number at the GAO website at: http://www.gao.gov.
6:09/05. HATCHERY FISH PROVIDE BOOST TO NATURAL
SPAWNING SALMON ACCORDING TO TRIBAL FISH
COMMISSION REPORT, NMFS UNVEILS POLICY FOR
WILD/HATCHERY FISH UNDER ESA: A newly-released report by the
Columbia River Inter-Tribal Fish Commission finds that
"hatchery-raised salmon are boosting the number of naturally spawning
fish in the last undammed stretch of the Columbia River," according to a
27 August Vancouver Columbian article. The study, which has yet to be
peer-reviewed, concluded: "It is evident that chinook salmon reared at
Priest Rapids Hatchery are contributing to the natural productivity of the
Hanford Reach spawning grounds.....Hatchery fish now make up the
overwhelming majority of the salmon and steelhead returning to the
Columbia, making them a key staple for Tribal fishing and sustenance.
Short of massive habitat improvements that include dam-breaching,
Tribal representatives have argued hatcheries remain a valuable tool."
The Columbian article went on to say, "On the Hanford Reach, left
undammed because of the secretive nature of the federal nuclear
reservation, the famed upriver bright fall chinook have ample
opportunities to spawn." To see the Columbian article, go to:
http://www.columbian.com/.
In late July, the National Marine Fisheries Service (NMFS) released
its proposed policy for the listing of Pacific salmon and their
relationship to hatchery production (see Sublegals 6:04/09), stating that
the goal of Endangered Species Act protection for salmon is "the
preservation of self-sustaining naturally reproducing populations in their
natural habitats," reported the 25 July Seattle Post-Intelligencer.
The policy was issued in response to the decision by Federal Judge
Michael Hogan in Alsea Valley Alliance v. Evans, a U.S. District Court
case in Oregon, by which the listing by NMFS of all coho in central
Oregon was revoked, because the agency had failed to distinguish
between wild coho and hatchery-bred fish and failed to present any
evidence of genetic differences between the two in court. Subsequent to
the Hogan decision numerous lawsuits were filed by landowner groups
seeking to delist Pacific salmon to avoid complying with protections
mandated for the fish under the ESA (see Sublegals, 6:05/13; 5:17/05;
4:25/19; 4:20/08; 4:19/05; 4:18/02; 4:11/02). "The proposed policy will
be reviewed by state and tribal fishery managers in coming weeks. After
revisions based on their appraisals, the policy will be up for comments
by the general public," said the P-I article by Robert McClure. "The
policy is a departure from NMFS' past practices in at least one
significant way: For the first time, it anticipates using some hatcheries to
help rebuild dwindling wild stocks." To see the full Seattle Post
Intelligencer article, go to:
http://seattlepi.nwsource.com/local/79930_hatchery25.shtml.
6:09/06. KLAMATH AND TRINITY RIVER SALMON
THREATENED BY HIGH WATER TEMPERATURES: Biologists
with the U.S. Fish & Wildlife Service (USFWS) report water
temperatures on the Klamath River and its principal tributary, the
Trinity, in California are "very, very warm - about 80 degrees," that
adult chinook salmon are already showing signs of a fatal disease
associated with stress and juvenile fish are "heavily afflicted with
parasites, which is also associated with warm water," reports Glen
Martin in a 26 August San Francisco Chronicle article. The situation
would be even worse in the Trinity River if not for the Record of
Decision (ROD) signed in late 2000 by then-Interior Secretary Bruce
Babbitt, to "bolster downstream flows to almost half their historic
levels," an agreement that municipal and agricultural (i.e., Westlands
Water District) water users are challenging in court (see Sublegals,
3:23/16; 2:25/02; 2:24/05; 2:20/02; 2:18/09). A large salmon kill -- both
of natural stocks and hatchery fish -- in the rivers from the high water
temperatures could be devastating to the ocean fishery in two and three
years. The ocean salmon fishery is managed largely by Klamath stocks
and trolling along much of the Oregon coast and California, down to
Monterey Bay, could be closed in upcoming seasons as a result of the
Department of Interior's failure to release the cold water needed for fish
survival. To see the Chronicle article go to:
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2002/08/26/MN2746
6.DTL.
6:09/07. DECISION TO "LIST AND RUN" FOR CALIFORNIA
COHO: At its meeting on 30 August, the California Fish & Game
Commission voted to list coho salmon from San Francisco north to the
Oregon border under the state's Endangered Species Act (CESA). Coho
south of San Francisco have been listed under CESA for nearly seven
years and the fish are listed throughout the state under the federal ESA
(see Sublegals, 6:03/11; 5:22/01; 3:14/02; 3:05/11; 2:13/11). The
decision to list, however, brought no additional protections and none are
expected for at least 18 months, meaning the fish which are nearly gone
from much of their historic habitat continue to be vulnerable from
actions not covered under the federal ESA. In the face of substantial
rural landowner opposition, the Commission, as one observer put it,
decided to "list and run." PCFFA is a member of the Salmon &
Steelhead Recovery Coalition (SSRC) that petitioned to list the fish and
implement immediate protections. For more information, go to the Fish
& Game Commission website at: http://www.dfg.ca.gov/fg_comm/.
6:09/08. WORLD AFFAIRS COUNCIL HOSTS LECTURE ON
CHILEAN SALMON FARMS: The World Affairs Council of Northern
California, along with the Goldman Environmental Foundation, will
host a lecture by Marcel Claude, entitled "Environmental Case Study:
Salmon Farming in Chile." Claude is the founder and Executive
Director of the TERRAM Foundation and former Director of the Natural
Resource Accounting Department of the Chilean Central Bank.
TERRAM is a non-governmental organization (NGO) working to
promote sustainable development in Chile. At the Chilean Central Bank
he promoted incorporation of the environmental costs of development
into Chilean macroeconomic policy and he developed an environmental
accounting system that included the health of natural resources in the
economic equation for calculating the national Gross Domestic Product
(GDP). The lecture will be held on Wednesday, 18 September,
beginning at 1730 HRS at the World Affairs Council offices, 312 Sutter
St, Suite 200 in San Francisco. To register ($12 for non-members), go
to: www.itsyourworld.org.
6:09/09. GREENLAND FISHERMEN AGREE TO FOREGO
HARVEST OF ATLANTIC SALMON FOR FIVE YEARS TO AID
RESTORATION EFFORTS: Greenland's commercial fishermen have
agreed to stop catching wild Atlantic salmon for five years in order to
allow the species to repopulate European and North American rivers,
the Atlantic Salmon Federation (ADF) announced 21 August. Following
weeks of negotiation, the moratorium agreement was signed on behalf
of the Greenland's fishermen and hunter's organisation (KNAPK) by Leif
Fontaine and by Orri Vigfusson, international head of the North Atlantic
Salmon Fund, a non-governmental organization. The agreement
suspends all commercial salmon fishing and allows only an annual
subsistence harvest that will be strictly limited, according to the ASF. In
return for voluntarily foregoing their rights to harvest salmon, the
fishermen will have alternative work available in a number of new
fisheries development projects being introduced along the Greenland
coast. The Greenland federal government has already announced its
support for the agreement.
In June 2002 the North Atlantic Salmon Conservation Organization
(NASCO) had agreed, against the advice of its own scientists, to allow
Greenland salmon fishermen a commercial harvest of 55 tons (22,000
adult salmon) this year (see Sublegals, 5:24/09). However, fewer than
200 wild Atlantic salmon still remain in the U.S., all from a handful of
small rivers in Maine, and are now protected under the U.S. Endangered
Species Act (ESA). These fish are threatened, as are wild stocks in
Canada and Europe, by habitat degradation and now the influx of
salmon farms. ASF did not say what steps would be taken to improve
in-river habitat conditions or control the escapees, pollution and disease
from the salmon farms to assure the survival of the progeny of the fish
that will not be harvested in the Greenland fishery. For more
information, go to:
www.asf.ca/Communications/2002/aug/greenland.html.
6:09/10. SUMMIT ON SUSTAINABLE DEVELOPMENT
APPROVES AGREEMENT FOR RESTORATION OF FISHERIES BY
2015: On 27 August, at the United Nation's World Summit on
Sustainable Development meeting in Johannesburg, South Africa, an
agreement was reached among participants calling for the restoration of
depleted fish species by not later than 2015. According to the statement
from the conference, "the agreement was the last in a series of
provisions that recognizes that the world's oceans and fisheries are in
trouble and need urgent attention. United Nations studies have shown
that three-quarters of the world's fisheries are presently fished to their
sustainable levels or beyond......the agreement on the target marks a
major commitment that requires countries to marshal resources and
political will to ensure the responsible management of fisheries."
"This agreement provides us with the crucial underpinning for
government action," said Johannesburg Summit Secretary-General Nitin
Desai. "Overfishing cannot continue. The depletion of fisheries poses a
major threat to the food supply of millions of people. This agreement
recognizes that we need coordinated action between governments on an
urgent basis to manage the oceans responsibly, to meet the needs of
people now and in the future." Desai said it was absolutely necessary
that government commitments to implement sustainable fishing be
complemented through partnerships by and between governments,
fishermen, communities, and industry. "We have no choice but to work
together on this," he commented.
Agreement was reached at the Summit on a provision that calls on
countries to ratify the Convention on the Law of the Sea (LOS), and
other conventions that promote maritime safety and protect the
environment from marine pollution and environmental damage by ships.
The U.S. has refused to sign LOS. Agreement was reached, too, on a
text that asks regional fisheries management organizations to consider
the needs of developing countries when allocating fish quotas.
Developing countries have maintained that existing fisheries regimes do
not reflect their interests. Victor Menotti, an Institute for Fisheries
Resources (IFR) associate working on international trade issues, is
attending the Summit. Representing the World Forum of Fish-Harvesters
& Fishworkers (WFF) at the international gathering are WFF co-chairs,
Danele Le Sauce (France) and Humberto Mella (Chile), along with
Daniel Bernier and Norberto Romero. PCFFA President Pietro
Parravano is a U.S. delegate to the WFF. For more information, go to:
http://www.johannesburgsummit.org/html/whats_new/
otherstories_fishing_2808.htm.
6:09/11. CALIFORNIA LEGISLATURE PASSES BILL TO HELP
STATE'S FISHERIES: On 22 August, the California Legislature passed
and sent to Governor Gray Davis a measure, AB 2888, designed to give
some regulatory help to the State's commercial fishermen. The bill,
requested by PCFFA, did not receive a single "no" vote in the
Legislature. It was opposed by the Recreational Fishing Alliance and
United Anglers of Southern California. "This legislation won't create
more rockfish, nor increase the prices paid to fishermen for their
salmon, but it will help a lot of California's fishing men and women
from Crescent City to San Diego," said Virginia Strom-Martin
(D-Duncan Mills), the bill's author. "Quite simply it was what we could
do in a year when there just weren't any state funds available."
Strom-Martin chairs the Legislature's Joint Committee on Fisheries &
Aquaculture. AB 2888:
a) Removes the requirement that persons holding swordfish/shark
permits have to catch a minimum number of swordfish or shark every
two years to maintain their permits. This is one of only two fisheries in
the state still requiring minimum catches to maintain permits. This
requirement has been removed from other fisheries because it forces
fishermen to fish in years when fish populations may be down, creating
more stress on the fish stocks, or to fish during periods when prices are
down and gearing up the fishery would be a money-losing proposition.
b) Allows persons who sell directly to the public from their vessels to
also be able to transport the fish they may sell to licensed wholesalers
using a Fish & Game transportation ticket.
c) Allows the Commercial Salmon Stamp Committee to augment the
salmon stamp fund through the sale to the public of salmon stamp
artwork. The salmon stamp program is an important source of revenue
for the State of California for salmon stock rebuilding and habitat
restoration, but funds have dwindled in recent years because of a
combination of fewer commercial salmon fishermen and reduced
catches of salmon.
d) Indicates the intent of the State of California to participate in any
federal groundfish vessel/permit buyback program. Currently there is
more fishing capacity in this fishery than the fish stocks can sustain.
The Pacific Fishery Management Council has set a target of reducing
this capacity by 50 percent and there are bills in the Congress aimed at
establishing a program for buying back some of this excess fishing
capacity. This language in AB 2888 tells Congress of California's desire
to participate in such a federal program (similar to Oregon) if one is
established.
For more information on the bill, contact Fisheries & Aquaculture
Committee Consultant Mary Morgan at: mary.morgan@asm.ca.gov. An
end of the session Legislative report will appear in next Sublegals.
6:09/12. S0-CAL SAFETY TRAINING PROGRAM FOR
COMMERCIAL FISHERMEN: A U.S. Coast Guard-approved safety
training program for commercial fishermen in Southern California has
opened at El Camino College in Los Angeles, to cover the area from
Ventura to San Diego. The training is based on the Alaska Marine
Safety Education Association training program and those who complete
the training will be certified as drill conductors for commercial fishing
vessels. For more information, contact Andre Nault at:
sockeyed@directvinternet.com
NEWS, COMMENTS, CORRECTIONS: Submit your news items,
comments or any corrections to Editor at: ifrfish@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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