[Fishlink] ~~>FISHLINK SUBLEGALS 11/1/02<~~

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                     ~~>FISHLINK SUBLEGALS 11/1/02<~~
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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. 18                                              1 NOVEMBER 
2002
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"The Democrats are the party of government action, the party that says
government can make you richer, smarter, taller and get the chickweed
out of your lawn. Republicans are the party that says government doesn't
work, and then get elected and prove it."..................P.J. O'Rourke
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IN THIS ISSUE.......

"Salmongate" - Government Tries to Suppress Klamath 
Information, Silence Employees. 6:18/01, 6:18/02, 6:18/03  

"Farmed and Dangerous" - Campaign Launched to Boycott 
Farm Salmon. 6:18/06

Food Marketing Institute Fights Country-of-Origin Labeling; 
Fiorillo Urges Compliance 6:18/08

IFR, PCFFA Board Meetings Scheduled For 7-8 November 
in San Francisco.  6:18/09

Collaborative Research Projects Gearing Up. 6:18/10

AND MORE......
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     6:18/01. "SALMONGATE" - U.S. GOVERNMENT SUPPRESSED
REPORT DOCUMENTING ECONOMIC VALUE OF KLAMATH
FISHERIES OUTWEIGHTING UPPER BASIN IRRIGATED AG: The
Wall Street Journal reported 1 November that an economic report
prepared for the U.S. Geological Survey (USGS), demonstrating that the
value of the fisheries of the Klamath River to the economy far outweigh
that of the basin's irrigated agriculture, was suppressed by the
Administration this past year when Klamath flows were reduced to
dangerously low levels in order to maximize water diversions for
agriculture.  Those low flows resulted in higher water temperatures, a
crowding of returning spawning salmon and a subsequent disease
outbreak culminating in a record fish kill (see Sublegals, 6:17/06;
6:16/01; 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). Word of the suppressed report came the
same week a whistle blower from the National Marine Fisheries Service
(NMFS) stepped forward to disclose that two scientific reviews
mandating higher flows to protect Klamath River salmon were both
overridden by non-scientists to allow irrigation deliveries priority over
all other uses (see Sublegals, 6:18/02 below).  A much weaker
alternative flow rate plan prepared by the U.S. Bureau of Reclamation
(BOR) was ultimately adopted nearly verbatim.  The weaker BOR plan
is currently the subject of a court challenge by a coalition of commercial
fishermen, conservation groups, U.S. Representative Mike Thompson,
and the Yurok Tribe (see Sublegals, 6:15/02; 6:13/02). 

     "The 32-page report, viewed by The Wall Street Journal, estimates it
would cost about $5 billion to remove the farms from the pipeline and
take other restoration actions. It says about $36 billion in economic
benefits would come over a number of years from more visitors using
the Klamath River system for recreational activities such as fishing and
boating," states the Jim Carlton Journal article. Although the report has
been peer-reviewed and is ready for publication, the Bush
Administration is refusing to release it to the public. According to the
Journal article, Larry Ludke, the USGS regional biologist in Denver,
wrote a colleague in a 7 October e-mail blaming USGS Regional
Director Tom Casadevall for the delay in releasing the economic report.
"'He [Tom Casadevall] wants to slow it down because of high sensitivity
in the Dept. right now resulting from the recent fish kill in the Klamath,'
Mr. Ludke's e-mail says. '... Suffice it to say that this is not a good time
to be handing out this document and it will likely be a little while before
we get clearance from HQ.'.........In an interview, Mr. Ludke, who was
among the officials in charge of signing off on the report at the regional
level, says Mr. Casadevall asked him to delay his review for a week
'because of all the sensitivity around the issue,'" reported the Journal.     
  

     PCFFA and the other groups challenging BOR's Klamath flow plan
are calling, too, for the release of another long suppressed government
document: The Hardy Phase Two Report.  This report lays out the
scientific need for far greater releases of water to the Klamath to protect
the long-term health of Klamath River fish stocks and the communities
downstream that depend on them for their economic lifeblood.  It has
been in "final draft" form since November 2001. "We call on the Bush
administration to come clean on the Klamath," said Kristen Boyles, the
Earthjustice attorney representing the plaintiffs in PCFFA et al. v. U.S.
Bureau of Reclamation.  "First we learn from a whistleblower that
science was overridden by politics, and now we learn that the Bush
administration has delayed an economic report that conflicts with its
political agenda. The administration must release the USGS economic
report and the final Hardy Phase II Report now so that the decisions in
the Klamath can be based on all available information."  The article on
the suppressed Klamath economic report is on page A4 of the 1
November Wall Street Journal.  The article's author, WSJ reporter Jim
Carlton, can be contacted at: jim.carlton@wsj.com. 

     6:18/02. "SALMONGATE" - NMFS BIOLOGIST BLOWS
WHISTLE ON KLAMATH WATER SCANDAL:  The political "fix"
was in, apparently, when the National Marine Fisheries Service (NMFS)
signed off on the 10-year coho salmon Biological Opinion (BiOp) for
Klamath River flows. That BiOp, adopted this year (see Sublegals,
5:20/09; 5:18/01; 5:17/02; 5:14/02; 5:13/02; 5:09/06), allowed the U.S.
Bureau of Reclamation (BOR) to continue to operate Iron Gate Dam
lower Klamath River flows at extinction levels for coho salmon for
several more years, according to Michael Kelly, the NMFS biologist
who led the agency's internal science review team. He said his team's
recommendations and objections were simply ignored in violation of the
law. Kelly has filed a complaint and sought protection under the federal
Whistleblower Protection Act, which prevents demotion or retaliation as
a result of his complaint against his own agency.  

     Kelly, in a formal written statement, said NMFS officials simply
folded in negotiations under political pressure from the BOR and the
Bush Administration, and systematically ignored the advice of its own
science review team, when they signed off on a BOR 10-year water plan
that provided flows below Iron Gate Dam at extremely low levels for at
least the first 8 years of the plan. These lowered flows could not, he
claims, have been scientifically justified from the NMFS scientist team's
own analysis, which strongly recommended in its 1 April and 17 April
draft BiOps that higher flows begin immediately, not be delayed for 8
years. The final BiOp instead simply adopted the Bureau's phased-in
proposal, with little change from the "jeopardy" flow levels for several
years. In adopting the Final BiOp issued 31 May 2002, NMFS
non-scientist officials simply rubber-stamped the BOR plan, and when
its own biological risk assessment team refused to sign off on it the
document was signed by administrative officials above them.

     The Bush Administration and the BOR have been making every
effort to provide full irrigation deliveries to Klamath Project irrigators,
even in this dry year, shorting downriver flows that support fish, and
ignoring tribal trust obligations and tribal water rights in the process. 
These extremely low flows helped trigger a massive lower river fish
die-off in September now conservatively estimated at 33,000 adults (see
Sublegals 6:17/06; 6:16/01; 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). Some Yurok Tribal
officials actually put the kill as high as 55,000 fish. For the Associated
Press report breaking the story, see the 27 October Eugene
Register-Guard: http://www.registerguard.com/news/2002/10/27/
3c.cr.whistleblower.1027.html. For the 29 October Los Angeles Times
follow-up article see:
http://www.latimes.com/news/local/la-me-klamath29oct29.story. 
Kelley's written statement and the original 1 April draft BiOp that was
over-ruled is available at: http://www.peer.org/press/286.html.

     6:18/03. "SALMONGATE" - FEDERAL OFFICIALS PROHIBITED
FROM TESTIFYING BEFORE CALIFORNIA LEGISLATIVE
HEARING ON KLAMATH FISH KILL:  Federal officials were
prohibited by the Bush Administration from testifying before a hearing
held by the California Legislature's Joint Committee on Fisheries &
Aquaculture Monday, the 28th, on the Klamath fish kill. The Eureka
hearing was held to assess the economic and biological damage done to
the lower river and coastal fishing economies as a result of the Klamath
fish kill, and to chart out a possible Legislative response. 

      The Joint Committee, chaired by Assemblymember Virginia
Strom-Martin (D-Duncan Mills), heard from fishermen, Indian tribes
and biologists the latest news on the catastrophe. Absent were any
representative of the National Marine Fisheries Service (NMFS), U.S.
Fish & Wildlife Service (USFWS), U.S. Bureau of Reclamation (BOR)
or the U.S. Department of the Interior (DOI).  "Were we boycotted by
the federal government?" speaker Ronnie Pellegrini, a harbor
commissioner and wife of a commercial fisherman was quoted in the
Humboldt Times-Standard article reporting on the hearing. "It appears
so." Conservation measures including severely curtailed fishing and
massive restoration efforts were just beginning to pay off when the fish
kill hit, Pellegrini said. Several speakers told the Committee they
believed the Bush Administration had successfully kept communities
around the lower Klamath at bay, and out of discussions about how the
river is managed.  Many of those testifying said the Administration has
improperly pitted farmers against fishermen, when in fact the overall
health of the river is important to all who depend on it. They called for
increased cooperation between lower and upper river interests.

     U.S. Representative Mike Thompson (D-CA), a plaintiff in the
lawsuit against BOR and author of H.R. 5698 (see Sublegals, 6:17/07),
attended the hearing, calling the federal government's response to the
fish kill  "pathetic." The Times-Standard quoted Thompson saying, "If
what the whistle blower told is accurate, they absolutely violated the
law."  Thompson, whose Congressional District the Klamath runs
through, said he was told by Interior Secretary Gale Norton that she'd be
unable to meet with him on any issue related to the Klamath River.
Strom-Martin said she would try to convince California Attorney
General Bill Lockyer to intervene in the lawsuit against the BOR and
NMFS. Strom-Martin also suggested the Joint Committee push for
another review of the BOR's 10-year Klamath flow plan, but "to really
fix this problem," she said, "we need a new President." For press
coverage of the hearing, see the 28 October Associated Press article in
the San Francisco Chronicle at:
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/10/28
/state1231EST0068.DTL; the 29 October Times-Standard at:
http://www.times-standard.com/Stories/0,1413,127%257E2896%257E9
56391,00.html?search=filter; and the Associated Press  report in the 29
October Eugene Register Guard at:
http://www.registerguard.com/cgibin/printStory.py?name=3d.or.klamath
salmon.1029&date=20021029.

     6:18/04. SUIT FILED TO REMOVE AGRICULTURAL AND
PESTICIDES USES FROM KLAMATH BASIN WILDLIFE
REFUGES: On 29 October ten national and regional conservation
organizations sued the U.S. Fish & Wildlife Service citing
mismanagement of the national wildlife refuges in the Upper Klamath
Basin.  At issue is the practice of leasing public lands for irrigated
agriculture on lands actually within the Tule Lake and Lower Klamath
National Wildlife Refuges, located on the Oregon/California border. 
More than 20,000 acres of refuge lands are leased to local growers for
row crops under a special exemption in the refuge law that applies to no
other national wildlife refuge in the country.  This exemption allows the
use of pesticides and other agricultural chemicals that are highly toxic to
fish and wildlife; moreover the pesticides can be detected far downriver
where they can affect salmon.

     In 1999, the U.S Fish & Wildlife Service found agriculture on the
wildlife refuges, with its attendant chemical use, was "not compatible"
with refuge management, which would have been the first step toward
phasing this practice out, but the agency did a complete about-face under
pressure from the Bush Administration and local lease-land farmers last
year.  "The Fish & Wildlife Service has decided to manage the basin's
wildlife refuges for potatoes, onions and alfalfa, disregarding wildlife in
its care," said Jim Waltman, Director of Refuges & Wildlife at The
Wilderness Society, one of the plaintiff groups. "This should be a
wildlife refuge, not a potato refuge."  Plaintiffs claim row crop
agriculture is not compatible with the refuges. They want these public
lands to be converted back to wetlands, releasing 60,000 acre-feet of
water demand from the system and storing additional water as wetlands
that would also help break down pollutants.  This would improve water
quality in the Klamath River that has been allowed to seriously
deteriorate over the years, benefiting both fish and wildlife in the upper
basin as well as salmon in the lower basin. For more, see the 29 October
San Francisco Chronicle at: http://www.sfgate.com/cgi-bin/
article.cgi?file=/news/archive/2002/10/29/state1903EST7572.DTL. For
more about the lawsuit itself and background information on the refuges
and their biological importance see:
http://www.onrc.org/lawsuits/waterpolicy/index.html.                         

     6:18/05. NMFS EXTENDS COMMENT DEADLINE FOR
SALMON HARVEST PROGRAMMATIC IMPACT STATEMENT: 
The National Marine Fisheries Service (NMFS) announced in the 29
October Federal Register (Vol. 67, No. 209, p. 65954) it was reopening
the public comment period on the Draft Programmatic Environmental
Impact Statement (DPEIS) for Pacific Salmon Fisheries Management off
the Coasts of Southeast Alaska, Washington, Oregon, and California,
and in the Columbia River Basin. Comments are due on or before 22
November. The DPEIS itself can be obtained from the NMFS website at:
http://www.nwr.noaa.gov/1sustfsh/salmon/dpeis. For more information,
contact Peter Dygert at: (206) 526-6734.  A copy of the PCFFA and IFR
comments, prepared by Vivian Bolin, is at: www.pcffa.org. 

     6:18/06. CAMPAIGN LAUNCHED TO BOYCOTT FARM
SALMON: The British Columbia-based Coastal Alliance for
Aquaculture Reform (CAAR) has announced a North American boycott
of farmed salmon. The boycott campaign was launched Tuesday, the
29th, with the release of CAAR's report "Farmed and Dangerous." 
CAAR's Melissa Nelson says the campaign is targeting 2,000 businesses
up and down the West Coast to ask them to stop selling or serving
farmed salmon. "Canada exports nearly 35,000 metric tons of farmed
salmon annually, most of which goes to the United States." Nelson
continued, "We are urging salmon lovers in Washington, Oregon and
California to think twice before they purchase farmed salmon. The
public can vote with their pocketbook, at grocery stores and restaurants,
and make a difference." CAAR points to the numerous problems
affecting salmon aquaculture, including pollution, use of antibiotics,
coloring agents and pesticides, a poor conversion ratio (4:1) between the
fish meal made from wild fish stocks (anchovy, mackerel, herring,
sardines) and the amount of salmon produced, and escapes from the net
pens.  Chile is the biggest supplier of farmed salmon to the U.S., with
Canada making up for 25 percent of the U.S. farmed salmon imports.

     Among the noted chefs along the West Coast who have agreed to
participate in the boycott is Patricia Unterman, chef at San Francisco's
Hayes Street Grill.  "The salmon farming industry tells us not to worry
about the chemicals they use to farm these fish," said Unterman, who is
also a well known food writer and critic. "Personally, I do not serve or
eat farmed salmon packed with these kinds of contaminants."  Recent
studies have found farmed salmon to be the most contaminated food sold
in British supermarkets (see Sublegals, 6:17/11) and contain more than
10 times the amount of PCBs of wild salmon (see Sublegals, 6:14/04).
Lee Pate, Meat and Seafood Merchandiser for PCC Natural Markets - a
seven store retail chain in Seattle and a supporter of the markets
campaign - said, "By choosing not to sell farmed salmon in favor of
sustainable alternatives, retailers can let salmon farming companies
know that they have to improve farming practices or lose customers in
Seattle. Pate continued, "Since launching our sustainable seafood
program we've received a lot of positive feedback from our customers.
We think this was a sound business decision."

     CAAR "is a coalition of First Nations, fishermen, and conservation
groups working to protect wild salmon, coastal ecosystems, coastal
communities and human health from destructive fish farming practices." 
Its members include: BC Aboriginal Fisheries Commission, David
Suzuki Foundation, Friends of Clayoquot Sound, Georgia Straight
Alliance, Living Oceans Society, Musgamagw Tsawataineuk Tribal
Council, Raincoast Conservation Society, Raincoast Research, T. Buck
Suzuki Environmental Foundation, and Watershed Watch Salmon
Society.  For more information, go to: www.farmedanddangerous.org. 

     6:18/07. SEATTLE WORKSHOP ON NMFS' PROPOSALS FOR
AQUACULTURE IN EEZ: On 25 October, the West Coast Offshore
Aquaculture Regional workshop met in Seattle to develop
recommendations for "implementing a policy framework for aquaculture
in the ocean 3 to 200 miles offshore (the EEZ)."  The workshop was one
of four regional gatherings aimed at soliciting stakeholder input on a
National Marine Fisheries Service (NMFS) initiative to develop offshore
aquaculture. The project (developing a policy framework) is being
carried out by a multi-disciplinary team under the leadership of the
University of Delaware's Center for the Study of Marine Policy.  More
information is available on the project's website at
http://128.175.24.162/sgeez/.

     The University of Delaware study is focused on the major issues
associated with the development of this new offshore industry:  1) the
absence of a federal policy framework on marine aquaculture; 2)
environmental effects; and 3) public trust issues related to the occupation
of public space and effects on other users.  The research examined past
studies on this question, and the experience of U.S. coastal states and of
8 other countries with offshore aquaculture to glean lessons on what
policy approaches may best be applicable in the U.S. 200-mile zone. The
research developed a set of policy criteria for judging policy options for
governance of aquaculture activities, and proposed a set of policy
options that address the full life-cycle of offshore projects:  from
planning, through the issuance of permits/leases, operation and
monitoring of facilities, and eventual abandonment at the end of an
offshore aquaculture project.  To see a copy of the framework go to
http://darc.cms.udel.edu/sgeez/sgeez1.html to download the final report
in PDF format. The workshop did not address a more fundamental
question of whether offshore aquaculture is even desired; there has been
virtually no public discourse on that fundamental question.  IFR's
Natasha Benjamin was one of the workshop participants. In addition to
the study to set out a policy framework for offshore aquaculture, NMFS
has developed a draft "Code of Conduct for Responsible Aquaculture in
the U.S. Exclusive Economic Zone." Comments on this document were
due 31 October and selected ones can be viewed at www.ifrfish.org. The
draft Code of Conduct itself is available at:
www.nmfs.noaa.gov/aquaculture.htm
 
     6:18/08. FOOD MARKETING INSTITUTE TO FIGHT
COUNTRY-OF-ORIGIN FOOD LABELING; FIORILLO URGES
SEAFOOD VENDORS TO COOPERATE IN VOLUNTARY
LABELING: The 1 November issue of the Worldcatch Wave included
an article and editorial by John Fiorillo, regarding the Food Marketing
Institute's (FMI) urging of its members not to follow the voluntary
country-of-origin labeling guidelines issued by the U.S. Department of
Agriculture (USDA) and Fiorillo's urging retailers to begin complying
before the rules become mandatory in 2004.  FMI represents many of the
nation's grocery retailers. Under the provisions of this year's Farm Bill,
seafood (along with other foods) will have to be labeled by
country-of-origin and whether they are "wild" or "farmed" by 2004 (see
Sublegals, 5:17/04; 5:08/03; 5:07/05; 4:24/01). Currently, labeling is
under voluntary USDA guidelines; these can be found at:
http://www.ams.usda.gov/COOL. 

     "I don't think -- at least in the case of seafood -- that 
country-of-origin
labels are going to be grossly expensive to implement. And I do think
they provide consumers with one additional piece of information to use
in their purchasing decision," wrote the Wave editor. "I think consumers
are striving to be more educated about the foods they buy. And there are
plenty of groups out there that want to educate consumers about the
health and social implications related to all types of products -- our
recent boycotts of salmon, sea bass and swordfish clearly demonstrate
this. Country-of-origin labels give progressive retailers a chance to add a
whole new marketing element to otherwise nameless, faceless seafood
products."  Fiorillo can be reached at: john@worldcatch.com.  For
information on another labeling campaign, Oregon's Measure 27, to
identify genetically engineered foods sold in that state, go to:
http://www.voteyeson27.com.   

     6:18/09. IFR, PCFFA NOVMEMBER BOARD MEETINGS
SCHEDULED:  The Institute for Fisheries Resources (IFR) Board of
Trustees will meet Thursday, 7 November, at the IFR offices, located at
the Old Coast Guard Lifeboat Station (Bldg. 991), West Crissy Field,
The Presidio in San Francisco. The meeting will be a review of IFR'S
ongoing projects, including salmon, international trade, "Good Fish,"
"Sustainable Fisheries," and the San Francisco Bay cooperative
restoration program with NOAA. For more information on the IFR
meeting, call (415) 561-FISH. 

     The Board of Directors of the Pacific Coast Federation of Fishermen's
Associations (PCFFA) will meet the following day, 8 November, also in
the conference room of the IFR/PCFFA San Francisco offices.  Issues on
the agenda include: Dungeness crab, salmon (review of season, Klamath
fish kill, etc.), federal IFQ legislation, groundfish and marine protected
areas. For more information on the PCFFA Board meeting, call (415)
561-5080.

     6:18/10. COLLABORATIVE RESEARCH PROJECTS GEARING
UP: The Half Moon Bay Review is reporting that experimental fisheries
permits (EFP) granted to several participants in the flatfish trawl fishery,
including Scottish seine, have finally been approved and are underway
after fishermen spent several long months off the water waiting for their
permits. The fishermen involved are chartered with proving their
fisheries do not catch groundfish species of concern, and will continue to
be able to fish as long as they do not incidentally catch over 100 pounds
of those species. The participants are not expecting to gain much income
from the experimental fisheries as most of the sand dabs and sole have
moved into waters deeper than they will be allowed to fish in during this
time of year. Nevertheless, they hope to show that they can fish without
impacting the limited species so they can have fewer restrictions placed
upon them next year. To see the full article, go to:
http://www.hmbreview.com/display/inn _news/Local_News/story03.txt.  
 
     In addition, the Institute for Fisheries Resources (IFR) will be
launching an initiative to help facilitate collaborative research efforts,
between fishermen and scientists, as part of its Sustainable Fisheries
Project, partnering with fishermen, other non-governmental
organizations, and agency representatives. IFR is currently working to
encourage more meaningful, well funded collaborations based on
fishermen's knowledge and expertise while conducting research to
improve the state of marine and fisheries science. The Pacific Marine
Conservation Council (PMCC), a major partner in this endeavor, has
already launched such a program to help conserve the resource while
protecting jobs and community infrastructure. The PMCC is currently
working on a website to serve as a clearinghouse for interested
fishermen, scientists, and others. To learn more about their initiative
visit www.pmcc.org. For more about the IFR initiative, contact Ky
Russell at kr_ifr@pacbell.net.    

     6:18/11. MORE INFORMATION ON GROUNDFISH DISASTER
RETRAINING FUNDS: The California Department of Fish & Game
(CDFG) has released more information regarding groundfish disaster
relief funds for retraining fishermen (see Sublegals, 6:16/14). The U.S.
Secretary of Commerce declared a disaster in the West Coast groundfish
fishery and has funneled about $2.5 million in federal and state funds to
aid displaced affected industry workers in California. Approximately
$1.2 million is being made available in the form of job retraining
stipends, which may total up to $1,500 per month to qualifying
individuals. The remaining funds are being used to support groundfish
data collection projects and to reimburse vessel owners for the cost of
meeting vessel safety standards as required under federal law.
Individuals affected by the disaster that may qualify and who want job
retraining in a non-groundfish field should contact a local Workforce
Investment Board One-Stop listed by county at
www.sjtcc.ca.gov/one-stop//osfile.pdf, or visit the CDFG web site at
www.dfg.ca.gov.  Click on the link "Groundfish Disaster Assistance"
and then on the link "California Groundfish Disaster Stipend Project" for
a list of participating local boards and direct contact information.

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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