[Fishlink] ~~>FISHLINK SUBLEGALS 10/18/02<~~

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                     ~~>FISHLINK SUBLEGALS 10/18/02<~~
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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. 16                                        18 OCTOBER 2002
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"I've been critical of government programs in the past, but as a person
concerned about the environment, I have to admit, in all honesty, that
the federal salmon effort is stupid."...... Dave Barry
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IN THIS ISSUE.......

Nichols Places Blame For Klamath Fish Kill At Interior's Doorstep,
Calls For Consultations. 6:16/01  

Biologist Warns British Columbia's Native Salmon Near 
Collapse From Fish Farm Lice. 6:16/05

18 October Marks 30th Anniversary of U.S. Clean 
Water Act. 6:16/09

WTO Rules Negotiations Deeply Divided Over Issue 
of Government Subsidies to Fisheries.  6:16/11

Donations Being Sought to Defend Associations, 
Dungeness Crabbers in Federal Lawsuit. 6:16/13

AND MORE......
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     6:16/01. CALIFORNIA RESOURCES SECRETARY NICHOLS
BLASTS INTERIOR OVER KLAMATH FISH KILL, CALLS FOR
RE-INSTATEMENT OF ESA CONSULTATION: In a tersely worded
letter, California Resources Secretary Mary Nichols wrote Secretary of
the Interior Gale Norton expressing "grave disappointment in U.S.
Department of Interior (DOI) decisions that have contributed to an
unprecedented fish kill in the Lower Klamath River."  In the 11 October
correspondence, Nichols went on to call for immediate reinstatement of
consultation under the Endangered Species Act (ESA) for the listed coho
salmon "to minimize further losses this winter and provide flows in the
future that will lead to recovery of this extremely valuable salmon
stock."  The Klamath, which flows through Southeast Oregon into
Northern California emptying into the Pacific between Eureka and
Crescent City, was once the third largest salmon producing watershed in
the "lower 48" United States. The kill of returning adult salmon to the
Klamath, both chinook and ESA-listed coho as well as steelhead trout, is
estimated now at over 33,000 fish, many of those natural spawners
headed for the Trinity, the largest tributary of the Klamath (see
Sublegals, 6:15/01; 6:14/01; 6:13/01; 6:12/07; 6:02/09; 5:23/08;
5:21/03; 5:20/09; 5:18/01; 5:17/02).    

     Nichols, whose agency includes the California Department of Fish &
Game (CDFG), said "The situation is made all the more pressing since
approximately half of the fall-run chinook salmon entering the Klamath
system will spawn naturally in the river (with the remaining fish
returning to the Iron Gate and Trinity hatcheries).  These adult
naturally-spawning fish would have been the parents of salmon returning
to the Klamath River system in three, four, and five years from now. As
a result, the loss to commercial and sport fishing interests and the
California fishing-based economy will be felt for years to come.  This
unnecessary and avoidable loss of thousands of salmon and their
progeny will also cause significant negative cultural and economic
impacts to the Native American tribes in the Lower Klamath basin." 
Nichols, in her letter to Norton, continued, saying these "losses are tragic
given the years of work by the California Department of Fish and Game
(DFG), U.S. Fish and Wildlife Service (USFWS), and NMFS, and the
tens of millions of dollars in public funds that have been spent on the
Klamath and Trinity Rivers to restore what was once the third largest
salmon run on the West Coast. CDFG warned Interior in comments on
the draft Biological Assessment (BA) and Biological Opinion (BO) for
the Klamath Project that the flows proposed by Interior would kill
salmon.  "If the DFG comments had been incorporated into the final BO
and Klamath Project operations beginning early this past summer, this
tragedy would likely have been avoided," said Nichols. A copy of her
letter is posted at: www.pcffa.org.

     6:16/02.  PLAN OFFERED FOR LEASING OF KLAMATH
PROJECT WATER FOR FISH: The American Land Conservancy
(ALC) has offered a water rights leasing program that would convert
water rights from willing sellers in the over-appropriated Upper Klamath
Basin to instream use in dry water years, creating a water marketing
system that looks much like the Bush Administration's own efforts to
create a "water bank" in the Klamath Basin.  Owners of about 10,000
acres within the 220,000 acre federal Klamath Irrigation Project have
already offered to commit about 50,000 acre-feet of water so far, about
one-tenth of total Project water use, according to ALC organizers.  The
plan calls for federal taxpayers to pay about $2,500 per acre-foot for
each water easement.  However, the plan does not call for any permanent
retirement of these water rights, and they could again be used in wet
years.  The Lower Klamath Basin is still reeling from a massive and
unprecedented fish kill that has been linked to lack of downriver flows
(see Sublegals 6:15/01; 6:14/01; 6:13/01).  This year, at Bush
Administration request, lower river flows below Iron Gate Dam were
held at rock bottom levels by the Bureau of Reclamation so that it could
assure full delivery of irrigation water to Klamath Project irrigators,
against the protestations of California Department of Fish & Game
(CDFG), Tribal biologists, and fishing groups (e.g., PCFFA) that warned
of harm to the fish. For more information, see the 16 October Oregonian
at: http://www.oregonlive.com/environment/oregonian/index.ssf?/
xml/story.ssf/html_standard.xsl?/base/news/1034769386173480.xml, or
contact ALC's Rich McIntyre at: salmo99@aol.com.

     6:16/03. CALIFORNIA RUSSIAN RIVER FLOWS CUT BACK AS
CHINOOK RETURN:  Local Sonoma County and federal officials have
cut instream flows into Northern California's Russian River by 20
percent, just as record numbers of chinook salmon made their way
upstream to spawn, raising concerns of a fish kill similar to that which
just occurred on the lower Klamath River, says the 16 October Santa
Rosa Press Democrat.  The water cut-back was ordered to "preserve the
dwindling supply of water" in Lake Mendocino, which impounds water
from the Russian River, for "urban users, growers and property owners." 
Federal and state officials responsible for protecting the threatened
Russian River salmon, including chinook and federally protected coho
salmon, say the reduction in water from the lake will probably not harm
the fish, but others are not so confident.  For the full story go to the 
Press
Democrat archives at: http://www.pressdemocrat.com/search under the
keyword "chinook."

     6:16/04: PENALTY PHASE OF MAINE SALMON FARMERS
TRIAL ENDS FOR VIOLATIONS OF CLEAN WATER ACT: While
salmon on the west coast struggle with artificially low flows in rivers, on
the U.S. east coast the penalty phase of a trial against two Maine salmon
farms drew to a close on 17 October following 5 days of testimony in a
federal court case. The two farms, Atlantic Salmon of Maine and Stolt
Sea Farm Inc, were accused of violating the federal Clean Water Act
(see Sublegals, 6:07/03; 5:23/05).  On 29 July, U.S. District Court Judge
Gene Carter ruled that the farms did violate federal law by not having
Clean Water Act permits, which would regulate the amount of pollution
the farms are allowed to produce. The U.S. Public Interest Research
Group (USPIRG) filed the lawsuit against the farms two years ago,
asking for fines from past violations and a change in operating rules that
would prevent high intensity farming from ruining the coastal
environment. USPIRG also argued for the ban of European strains of
salmon that are used to breed faster growing fish, knowing hybrid
escapees would wreak havoc with the indigenous local strains of
endangered Atlantic salmon.  A third Maine farm, Heritage Salmon,
avoided the lawsuit by agreeing to use only North American fish for
breeding and make other changes.  Judge Carter's final ruling is expected
sometime this winter. For more information, see the 17 October issue of
the Portland Press Herald at:
www.pressherald.com/news/state/021018aquatrial/shtml. 

     6:16/05. BIOLOGIST WARNS B.C. WILD SALMON NEAR
COLLAPSE FROM FISH FARM DISEASES:  Dr. Alexandra Morton, a
renowned fishery biologist, along with the Coastal Alliance for
Aquaculture Reform, a coalition of 10 organizations opposed to
open-ocean fish farming on the British Columbia coastline, have issued a
joint warning of the danger posed to B.C.'s natural salmon stocks from
infection by sea lice from Atlantic salmon net pen aquaculture
operations. At a conference announcing her findings, says the 25
September National Post, Dr. Morton showed a wild salmon smolt
covered with sea lice, which are thriving in the fish farms off the B.C.
coastline and which she and other biologists say are now to blame for the
disappearance of millions of naturally spawning salmon. 

     "Sea lice are natural in the environment," said Morton. "They infect
the farmed fish and then they explode in numbers over the winter
because the conditions are just right.  They moved back to the wild
stocks last spring, just when the pinks were migrating through.  This is
not theory.  I've done the science on this."  Amidst controversy and
against the advice of many of its own agency biologists, the Canadian
government recently lifted its moratorium on issuing new salmon fish
farm permits in British Columbia (see Sublegals 5:18/04; 5:06/05;
5:05/09). The problems of fish farms becoming disease and parasite
reservoirs that can then spread to wild populations has also been
confirmed by other recent studies (see e.g. Sublegals 5:02/11) and has
become a pervasive problem in salmon farms in Scotland and Norway.
For more information, go to:
www.watershed-watch.org/ww/salmon_farming.html. 

     6:16/06. FOR THE SAKE OF THE SALMON PUBLISHES
WATERSHED COUNCIL TECHNICAL ASSISTANCE DIRECTORY
(TAD): For the Sake of the Salmon's (4SOS) new Technical Assistance
Directory (TAD) is now online.  The TAD is designed to match the
technical assistance needs of Oregon and Washington watershed groups
and landowners with the technical expertise of independent consultants,
natural resource agency staff, volunteers, retirees and others who can
provide such assistance.  4SOS website visitors can find more than 70
Resource Participants from Oregon and Washington, as well as a few
from California, Idaho and the Yukon Territory.  4SOS is asking
independent consultants, retiree groups, natural resource agency
representatives, watershed groups, soil and water conservation districts
and anyone else with the technical background to work with local
watershed groups on salmon and watershed restoration and protection
projects to become a TAD Resource Participant. Visit
http://www.4sos.org to search the TAD for the technical assistance you
need, or to become a TAD Resource Participant.

     6:16/07. CALIFORNIA RESOURCES AGENCY PUBLISHES
RECOMMENDATIONS OF TASK FORCE ON WATERSHED
RESTORATION PARTNERSHIPS: The California Resources Agency
has just released a new study, "Protecting California's Watershed,"
containing recommendations for better management and integration of
its existing but fragmented watershed protection programs with local and
regional efforts.  The report also faulted the California Legislature for
under-funding watershed protection and recovery programs over the
years. The work culminating in the report began in November 2000,
when California Resources Agency Secretary Mary Nichols, and Art
Baggett, chair of the State Water Resources Control Board (SWRCB),
initiated a study of watershed partnerships in California.  In August
2001, Nichols and Baggett formed the Joint Task Force on California
Watershed Management, an interagency and stakeholder effort, to sort
through the results of the ten case studies, to refine the findings, and to
craft major recommendations. This report is the culmination of that Task
Force study.  The study was required by AB 2117 (Wayne), signed by
California Governor Gray Davis in September 2000.  The full study is at:
http://resources.ca.gov/watershedtaskforce/AB2117LegReport_041102.p
df.

     6:16/08. MONTANA HIGH COURT EXTENDS WATER RIGHTS
TO FISH:  Fish, wildlife and recreation are legal  "beneficial uses" that
can establish a legal right to water under Montana law, the Montana
Supreme Court ruled on 24 September. In a 5-2 ruling, the Justices said
using water for fish, wildlife and recreational purposes can be considered
equally with other uses when divvying up water rights on a river, stream
or lake. The Court's holding revives a number of water claims that
federal agencies and the state Department of Fish, Wildlife & Parks
(MDFWP) submitted in the 1980s when the Montana Water Court began
sorting out pre-1973 water rights. The case is In the Matter of the
Adjudication of the Existing Rights to the Use of All Water, etc., No.
00-100.

      This decision reverses a 1988 Montana Supreme Court decision that
had been used to deny water rights to state and federal agencies seeking
to keep water in streams for fish, wildlife and recreation. The 1988
ruling erroneously suggested framers of the Montana Constitution didn't
allow water rights to be recognized for such uses, the majority said.  This
leaves New Mexico as the only western state left that still does not
legally recognize instream water rights for fish and wildlife, though
many states allow only restricted recognition of such rights as junior to
pre-existing permits.

    For more information about this case, see the 4 October Helena
Independent Record at:
http://www.helenair.com/rednews/2002/10/04/build/headline/1a1.html. 
The ruling itself can be found as In the Matter of the Adjudication of the
Existing Rights to the Use of All Water, etc., at:
http://www.lawlibrary.state.mt.us/dscgi/ds.py/Get/File-17697/00-100.wp
9.doc.

     6:16/09. On 30TH ANNIVERSARY OF CLEAN WATER ACT,
BOXER SUGGESTS IMPROVEMENTS: 18 October marks the 30th
anniversary of the signing of the U.S. Clean Water Act by President
Richard Nixon.  The Clean Water Act is viewed by many U.S. fishing
groups as part of a "triad" of federal statutes, along with the Endangered
Species Act (ESA) and the Magnuson-Stevens Fishery Conservation &
Management Act (MSA), critical to the protection of the nation's fish
and shellfish resources and their habitats. PCFFA, for example, has
brought cases under the Clean Water Act to prevent the dumping of
selenium-laden refinery waters into San Francisco Bay and to establish
water quality standards ("TMDLs") for important salmon-bearing rivers. 
To commemorate the anniversary of the Clean Water Act, U.S. Senator
Barbara Boxer (D-CA) issued a statement on the floor of the Senate,
remarking on the progress that has been made and making suggestions
on how to further improve the statute. 

     "In 1972, our nation's water resources were under siege from raw
sewage, chemical toxins, and industrial waste.  Fish kills were at record
highs and our rivers were literally on fire.  90% of America's waterways
were polluted in some form or other.  In March 1969, 400 square miles
of water were blanketed with oil six inches deep after a blowout at an oil
company off of Santa Barbara's coastline.  It was this water quality crisis
that compelled Congress to act in a bipartisan manner to pass the Clean
Water Act in 1972," said Boxer.   "Since that time, the Clean Water Act
has slowly but steadily improved the quality of water in many
communities and coastal areas.  It has led to less discharge of raw
sewage and pollutants, more refined monitoring, heightened awareness,
and better science as to what poses a danger to public health."   
    
     The Senator continued, saying, "When the Clean Water Act was
enacted, the goal was to make our waters 'swimmable and fishable.' 
Today, about 50% of them are.  But that means that 50% of them are not. 
While the conditions of many of our waterways have improved since
1972, much more still needs to be done.  In California, for example,
beach closures still occur along the coast as a result of pollution, sewage
discharge and sewage overflow.  This hurts local economies, the
recreation industry, and tourism...........Let me quickly mention 2 ways
we can strengthen the Clean Water Act. 

     "First, we should deal with pollution caused by logging.  It is
estimated that 85% of the waterways north of San Francisco are
impaired by pollution from logging.  Sedimentation from logging
essentially chokes wildlife, resulting in damaged ecosystems and a loss
of water quality down stream.  It is the only significant source of
pollution on the majority of the streams in northern California.  Yet,
pollution from logging is not covered by the Clean Water Act.  

     "Second, while the Clean Water Act continues to address traditional
sources of pollution, we must also look to address new problems that
exist from non-traditional sources.  We are faced with challenges from
altered water temperatures, invasive species, sedimentation, and
filtration.  We are seeing this on the Klamath River today where high
water temperatures  - non-traditional pollutants - have resulted in the
kill-off of 30,000 salmon.  There are many threats to our nation's water
resources and the Clean Water Act of the future will need to deal with
these issues." For a complete copy of Senator Boxer's Clean Water Act
statement, go to: http://boxer.senate.gov.

     6:16/10. THE STATE OF THE U.S. ECOSYSTEM REPORT
PAINTS PICTURE OF NEGLECT: The oceans and coastal ecosystems
of the U.S. are under increasing biological stress, with 60 percent of the
estuaries on the Mid-Atlantic, South Atlantic and Gulf coasts containing
levels of toxic contaminants that might harm fish or wildlife.  These are
two of the conclusions of a recently released report by the H. John Heinz
III Center for Science, Economics and the Environment, "The State of
the Nation's Ecosystems: Measuring the Lands, Waters, and Living
Resources of the United States."  The report also highlights the lack of
many comprehensive data collection programs to ascertain ecosystem
trends or diagnose problems in a majority of areas, and advocates for
better data collection programs.  The report proposes a set of 103
ecological benchmark indicators for the nation's environmental health.
The full report, which is based on environmental statistics of various
federal agencies, such as the U.S. Environmental Protection Agency
(EPA) and the U.S. Department of Interior (DOI), can be downloaded at:
http://www.heinzctr.org/ecosystems/index.htm.

     6:16/11. DEEP DIVIDE ON FISHERIES SUBSIDIES PREVAILS
AT WTO RULES NEGOTIATIONS: At a 16-18 October session of the
WTO (World Trade Organization) Negotiating Group on Rules, member
nations continued their debate over whether and (if so), to what extent,
WTO subsidy rules needed to be improved with respect to government
support for the fishing industry. South Korea argued that "no reasoned
determination" had so far been made on the "causality between fisheries
subsidies and the depletion of stocks."  The U.S., however, supported by
"Friends of Fish" -- Argentina, Australia, Iceland, New Zealand and Peru
-- disagreed. The U.S. countered South Korea's position, pointing to the
Plan of Implementation adopted at the World Summit on Sustainable
Development (WSSD) in September, which it said called for countries to
eliminate  harmful fisheries subsidies "exacerbating the overexploitation
of fish stocks." Negotiations at the Rules talks also focused on
antidumping and subsidies issues in general, with new submissions
tabled inter alia by the U.S., India and Brazil.

      In its submission, South Korea aligned with the Japanese position
that had been advanced at the July Rules meeting that no special
disciplines were required for the fisheries sector (TN/RL/W/17,
downloadable at: http://docsonline.wto.org), (see BRIDGES Weekly, 10
July 2002, http://www.ictsd.org/weekly/02-07-10/story1.htm). That
position holds that some 95 percent of all fish stocks would be harvested
in exclusive economic zones (EEZ) anyway; and that it considered
inadequate fisheries management to be "the principal cause of stock
depletion." Therefore, South Korea concluded, the existing WTO
Subsidies Agreement was sufficient to deal with trade practices in fish
and that the "burden of proof" was thus on the other side. For its part, the
U.S. in its communication entitled "Adverse Trade and Conservation
Effects of Fisheries Subsidies" (TN/RL/W/21) pointed to figures
provided in studies conducted by the Organization for Economic
Cooperation & Development (OECD) as well as the Asia-Pacific
Economic Cooperation (APEC) forum which showed that global
fisheries subsidies amounted to "between 15 and 20 percent of aggregate
dock-side revenues." Moreover, it argued that excess investments in
harvesting capacity would "encourage a tendency to 'free ride' and
'cheat', which would serve to undermine effective [fisheries]
management."

     Japan reportedly supports the thrust of the South Korean paper. On
the U.S. paper, Japan was "gravely concerned" by the inclusion of the
subject of fish stock depletion. This, according to Japan, was not covered
by the Doha Mandate. The European Union -- which is currently
working on reforming its common fisheries policy (CFP) to a more
pro-environment and pro-development regime (see BRIDGES Weekly,
28 June, at: http://www.ictsd.org/weekly/02-05-28/inbrief.htm) -- stated
that it was still not persuaded about whether fisheries subsidies would
really be the root cause of stock depletion. Canada, concerned that
technical debates on fisheries subsidies could have "spillover effects" on
its provincial softwood lumber programs, said that it was still uncertain.
WTO newcomer China stated that aquaculture played an important part
in sustainable development -- an aspect that must be recognized by the
Rules Group. In anticipation of the Rules meeting, the World Wildlife
Fund (WWF) renewed its call on governments to eliminate "the billions
of dollars in wasteful subsidies that drive the depletion of the world's
fish stocks."  WWF released an issue brief, "Turning the Tide on Fishing
Subsidies: Can the WTO play a positive role?" setting out six principles
for making the negotiated fisheries subsidy disciplines supportive of
conservation and sustainable development. These include: phasing out
harmful subsidies, while taking account of developing countries needs;
including "fishing access agreements" in the negotiations; promoting
inter-agency cooperation with the U.N. Food & Agriculture
Organization (FAO) and the U.N. Environment Program (UNEP); along
with emphasizing transparency and public participation. 

     The above report was prepared by Victor Menotti, an IFR
international trade associate.  He can be reached at:
vmenotti@ifrfish.org. 

     6:16/12. DUNGENESS CRAB SURVEY: The University of
California's Sea Grant Marine Advisory Program (MAP) is sending a
survey to all persons holding a California Dungeness Crab Vessel
Permit, asking crabbers their views on certain issues in the fishery. The
survey is confidential and was developed following meetings with crab
fishermen in March.  It is being mailed by the California Department of
Fish & Game (CDFG) because the Department's interpretation of a state
statute doesn't allow release of mailing lists to non-fishery agency
researchers. While this mailing is done out of the CDFG office, all of the
filled out questionnaires will come directly from the permit owners to
researchers at the University.  The data will be confidential and not
accessible to CDFG or others. For more information, contact either
Kristen Sortais, UC Davis, at: (530) 754-4324, or Steve Hackett,
Humboldt State University, at (707) 826-3237, or e-mail Dr. Christopher
Dewess at: cmdewees@ucdavis.edu.

     6:16/13. FUNDS NEEDED FOR CRAB LAWSUIT: Donations are
again being sought to defend against a "SLAPP" suit brought in federal
court by a large trawler against three crab marketing associations and a
number of individual crabbers and one fish processor (see Sublegals,
5:16/14; 5:09/17; 5:06/09). The case, Dooley v. Crab Boat Owners
Association, et al., is now in its discovery phase.  The suit, if successful,
would destroy the ability of crab fishermen to collectively bargain for
price as they are now permitted to do under state and federal marketing
laws. The defendant associations and individual crabbers expect to
prevail in this litigation, but warn they could lose if there are not funds
sufficient to pay the legal costs.  They also point out that the future of
every Dungeness crab fisherman is at stake in this case.  Donations
should be made out to: "Crabbers Defense Fund" and mailed to, P.O.
Box 321, Bodega Bay, CA 94923.  For more information, contact Bob
Miller at: orcabob@earthlink.net.  

     6:16/14. CONTACT INFORMATION FOR GROUNDFISH
DISASTER STIPEND PROGRAM: California groundfish fishermen
seeking information regarding the Groundfish Disaster Stipend Program
should contact: Linda Beattie, Regional Advisor, Workforce Investment
Division, California Employment Development Department by calling
(916) 653-2467 or e-mail at: lbeattie@edd.ca.gov.

    6:16/15. SUSTAINABLE FISHING GEAR CONFERENCE
SCHEDULED FOR APRIL IN SCOTLAND: Heighway Conferences is
organizing a special conference, "Fishing Gear Systems 2003 -
Equipment and Techniques for Sustainable Fishing", which will take
place in Glasgow, Scotland, 8-9 April 2003. The conference is intended
to bring together fishermen, vessel owners, gear technologists, designers,
researchers, equipment makers and suppliers dedicated to sustainable
fishing, to discuss new and improved fishing gear and techniques used or
researched world-wide to help conserve fish stocks. For more
information contact Anna Henderson at:
Anna.Henderson@Informa.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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