[Fishlink] ~~>FISHLINK SUBLEGALS 11/15/02<~~

bit-bucket@straylight.primelogic.com bit-bucket@straylight.primelogic.com
Thu, 21 Nov 2002 03:43:13 EST


                 21 NOVEMBER IS WORLD FISHERIES DAY
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                     ~~>FISHLINK SUBLEGALS 11/15/02<~~
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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. 20                                  15 NOVEMBER 2002
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"The difference between Communism and Capitalism is that
Communism is man's inhumanity to man, while Capitalism is 
exactly the opposite." ............George Lang
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IN THIS ISSUE.......

Good News for Fishermen as Pelosi Takes Top Spot 
Among House Democrats. 6:20/01 

OSU Scientists Find NRC Klamath Committee Interim 
Report Faulty.  6:20/04

Correction - California Salmon Landings Up, Not 
Down, in 2002.   6:20/07

"The Aquaculturists" to be Mel Brooks' sequel to 
"The Producers"? . 6:20/12

NMFS Says No to Listing of Bocaccio.  6:20/14

AND MORE......
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     6:20/01. GOOD NEWS FOR FISHERIES IN AFTERMATH OF
U.S. ELECTIONS: The best news for the U.S. fishing industry coming
out of the 5 November general election was the elevation on 14
November, of San Francisco Congresswoman Nancy Pelosi to the post
of House Minority Leader.  She is the first woman to hold that position
in the history of the U.S. Congress, and will be the highest-ranking
Congressional member in recent memory with strong ties to working
fishing men and women.  In her 8 terms in the House of Representatives,
Pelosi has consistently supported measures aimed at restoring fish stocks
and protecting the fishing fleet.  She is perhaps best known for getting
the funding needed for the Sacramento winter-run chinook captive
broodstock and rebuilding program to prevent the extirpation of this fish. 
Winter-run were the first Pacific salmon to be listed under the
Endangered Species Act and, in 1991, were dangerously close to
extinction when spawning numbers plummeted to 189 fish. Pelosi,
acting on a request from the late Nat Bingham and others involved in the
effort to save these salmon, quickly secured the federal dollars needed
for the program and worked to assure the program's continued funding
thereafter.  Winter-run chinook are the one listed Pacific salmon
showing signs of recovery.

     "For our salmon fishery here on the west coast, she is simply 'Saint
Nancy'," said PCFFA Pietro Parravano on learning the results of the
Democratic Caucus vote. "If it were not for her in the Congress,
winter-run chinook would be extinct and a lot of fishing and fishermen
would have been lost as that remnant population vanished.  I know
somewhere Nat, who headed the effort to save this unique run of salmon,
is smiling with the success of our friend who has always been there in
our time of need. From the Chesapeake to San Francisco Bay, we
couldn't ask for a better person in a top Congressional post."

     In addition to her critical role in the appropriations arena, getting
funds for vital fishery programs, Pelosi was key in convincing U.S.
President Bill Clinton to recognize World Fisheries Day and the
contribution of fishing men and women to the nation. She also
intervened on behalf of the fishing fleet with the U.S. Trade
Representative, pressing for representatives from fishermen's
organizations, not just importers and processors, to be represented 
on the industry advisory group in U.S. trade negotiations.

     6:20/02. WORLD FISHERIES DAY SET FOR THURSDAY, 21
NOVEMBER:  21 November marks the fifth annual World Fisheries
Day. The date, intended to celebrate the contribution of fisheries and
fishing men and women to humankind was set aside at an international
gathering of fishermen and fishery workers in New Delhi in 1997, and
1998, the Year of the Ocean, was the first year it was celebrated. To
learn more about World Fisheries Day, see Sublegals 4:20/01, 2:20/01.

     6:20/03. CALIFORNIA DUNGENESS CRAB --
THREE-FOR-THREE AIN'T BAD FOR SOUTHERN OPENER;
QUALITY NOT A PROBLEM FOR NORTHERN OPENING: The
price was settled, the ocean was flat and there were crab.  So it went for
this mid-November opener of the "southern" (Sonoma County,
California south) Dungeness crab season, with early landings looking to
be the best in nearly 20 years (see Sublegals 6:19/01).  For the "northern"
season (Mendocino County, California north), crab quality will not be a
factor in deciding the opener, scheduled for 1 December, this year.  The
Pacific States Marine Fisheries Commission (PSMFC), charged with
testing Dungeness crab for quality (i.e., percent of recovery of meat from
whole cooked crab), reported a recovery percentage of 27.4 percent had
been achieved from crab taken between 4-6 November. The minimum
goal is 25 percent.  If the crab in two tests do not meet or exceed the 25
percent figure prior to 1 December, the northern opener may be delayed
by the Director of the Department of Fish & Game (CDFG) for the
California portion of the northern season.  

     "During the single test of 2002, we took a total of 636 crabs. Six
hundred (600) crabs were used in the quality test with 30.5 pounds of
meat recovered. The crabmeat was divided between the Senior Resource
Center in Eureka and the Del Norte Senior Center in Crescent City,"
reported PSMFC's Dave Colpo.  "We also provided 36 crabs (six from
each test site) to the processor, Pacific Choice Seafoods, who sent them
to the California Department of Health Services for domoic acid testing.
There are no health department concerns for domoic acid given the
results of these tests."  For more information on the 2002 crab tests,
contact Dave Colpo at: dave_colpo@psmfc.org. 

     6:20/04. NRC KLAMATH SCIENCE PANEL REPORT FLAWED,
SAYS OSU ANALYSIS:  Fisheries scientists at Oregon State University
(OSU) have prepared the first detailed scientific analysis of a National
Research Council (NRC) committee's Interim Report, "Scientific
Evaluation of Biological Opinions on Endangered & Threatened Fishes
in the Klamath River Basin," published 4 February 2002 (see Sublegals
5:06/01).  Their conclusion is that the NRC Interim Report was hastily
constructed, used selective data to support pre-established conclusions,
was laden with errors and oversimplifications, and that it is wrong to
treat the panel's findings as definitive, according to a 14 November
Oregonian article.  

     The OSU scientists' review has been peer-reviewed and is to be
published in an upcoming issue of Fisheries, the official journal of the
American Fisheries Society (AFS).  The NRC report was widely cited by
critics of the Endangered Species Act (ESA) as evidence of flawed ESA
implementation when water to the Klamath Irrigation Project was cut
back during the 2001 drought. The NRC report is the basis, too, for the
U.S. Bureau of Reclamation's (BOR) current 2002-2012 water plan that
culminated in lower river flows in 2002 that were 25 percent less than
during the 2001 drought (see Sublegals 5:20/09; 5:18/01; 5:17/02;
5:14/02; 5:13/02; 5:09/06). Those low flows, and the subsequent high
water temperatures and disease they brought on, killed more than 33,000
adult salmon and steelhead during September (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).

     For the full 14 November Oregonian article, by Michael Milstein, go
to: http://www.oregonlive.com/news/oregonian/index.ssf?/xml/
story.ssf/html_standard.xsl?/base/news/103727862676020.xml.  For the
15 November coverage by the Associated Press, see the Eugene Register
Guard at:
http://www.registerguard.com/news/2002/11/15/6c.cr.klamath.1115.html
. For more on this year's Klamath fish kill and the government actions
that led up to it, see "Salmongate" in the November issue of the
Fishermen's News (pp.1-4). To see National Marine Fisheries Service's
(NMFS) Biologist Mike Kelly's written statement detailing his agency's
capitulation to pressure from BOR to sign off on a biological opinion
(BiOp) NMFS fishery scientists knew would result in a fish kill (see
Sublegals 6:18/02), go to: http://www.peer.org/kellynarrative.pdf. 

     6:20/05.  HUMBOLDT COUNTY, CITY OF ARCATA, JOIN
PCFFA'S KLAMATH FLOWS SUIT:  On 12 November the Humboldt
County Supervisors voted 4-0 to join the lawsuit, PCFFA, et al. v.
Bureau of Reclamation (U.S. Federal District Court of Northern
California, Case C02-2006-SBA) as an amicus challenging the current
10-year NMFS Klamath Project Operations Biological Opinion (BiOp).

     The PCFFA lawsuit alleges the BiOp for lower river coho salmon
was both legally and biologically insufficient to prevent the fish's
extinction.  U.S. Representative Mike Thompson (D-CA) and the Yurok
Tribe are already co-plaintiffs (see Sublegals  6:13/02).  The week
before, the City of Arcata also voted to join the suit as an amicus, citing
the importance of commercial and recreational fishing to the regional
economy. For the 13 November Humboldt Times-Standard article on the
Humboldt Board of Supervisors' action, go to:
http://www.times-standard.com/Stories/0,1413,127%257E2896%257E9
88224,00.html.

     6:20/06.  SUIT FILED OVER KLAMATH GREEN STURGEON
LISTING DELAYS:  The National Marine Fisheries Service (NMFS)
also has before it a petition to list the west coast green sturgeon as a
threatened species under the federal Endangered Species Act (ESA),
including those that occupy the lower Klamath River. The fishery agency
was supposed to make its decision in June on whether to list, but has
failed to meet its statutory deadline (see Sublegals 6:05/14; 5:23/12;
3:24/14).  As a result, on 14 November a lawsuit was filed in U.S.
Federal District Court in Northern California to force the agency to make
a listing decision.  NMFS claims the delay was simply a result of delays
in the status review, and that a listing decision should be issued within
six weeks.  For more, see the Associated Press report in the Eugene
Register-Guard at:
http://www.registerguard.com/news/2002/11/15/6c.cr.sturgeon.1115.htm
l.

     The anadromous green sturgeon, which can grow over seven feet
long, weigh up to 350 pounds and live as long as 70 years, still spawns
in the Trinity River and Klamath River of Northern California, in the
San Francisco Bay Delta and possibly in Oregon's Rogue River Basin,
but is extinct in much of the rest of its historic range.  The green
sturgeon, unlike other sturgeon, spawns only in cold water and gravel
habitat similar to what is required for salmon and steelhead.  Siltation by
logging, dewatering of rivers, and agricultural and land development
have largely eliminated many of the deep river holes that they require.
There is no commercial or recreational fishery on the green sturgeon,
though there is a small amount of incidental catch in certain areas. The
original petition for the ESA listing of the green sturgeon can be found
on the web at:
www.sw-center.org/swcbd/species/grnsturgeon/petition.pdf.

     6:20/07. OOPS -- CALIFORNIA 2002 SALMON LANDINGS UP,
NOT DOWN: Somehow the figures provided by the Pacific Fishery
Management Council (PFMC) for California's 2002 commercial salmon
landings didn't look right (see Sublegals 6:19/03). Fishermen reported
good catches, there was significant fishing for the first time in years off
Fort Bragg and Eureka, and the fish didn't hightail it north into a closed
zone as they did in 2001. Still, there was some bad weather, prices were
down during part of the season, causing a curtailment of fishing, and
there are, after all, about 85 percent fewer boats fishing than there were
15 years ago.  Besides, some of the landing data was probably late
coming in, so we thought maybe those figures from the PFMC were
right.  Wrong!  Apparently, the PFMC in their 15 October report had
reversed the California troll landing numbers that had been given to
them by the California Department of Fish & Game's (CDFG) Ocean
Salmon Project. CDFG reports preliminary landings to be 413,290
chinook salmon (not 143,290), much higher than last year and similar to
2000 landings.  Sublegals  thanks an alert reader, Melodie Palmer of the
Ocean Salmon Project, for making this correction. For more information,
contact her at the Ocean Salmon Project at: mpalmer@dfg.ca.gov

     6:20/08. OREGON STATE HATCHERY COST REVIEW SHOWS
NUMBERS VARY WIDELY, AS WELL AS HIGH REPLACEMENT
COSTS OF WILD FISH:  A routine cost effectiveness audit by the
Oregon Secretary of State's Office of the Oregon's salmon hatchery
system concluded that costs per returning adult varied widely, from a
low of $14/adult up to a high of $530/adult, but for reasons that are very
hard to quantify.  Much depends on the success of each year's smolt
output, which can be dramatically affected by other habitat losses and
factors in the river system, by excessive predation or by poor ocean
conditions in any one year.  Some hatchery programs also seem more
prone to disease, which decrease smolt-to-adult survival rates.  Costs
also vary greatly between coho salmon and the more common chinook.
The 16-page audit report was presented to the Oregon State Legislature
on 13 November. 

     The Oregon Legislature, in an effort to deal with massive budget
shortfalls, has sought to close the least cost-effective hatcheries in the
past, but the hatcheries are strongly supported by sport and commercial
fishermen, and in many places, because of massive losses of natural
spawning and rearing habitat or blockage by dams, are all that maintains
a harvestable fishery (see Sublegals 6:13/06). Though the high costs of
maintaining hatcheries have been used by some as an argument for their
elimination, some natural resource economists have pointed out that the
high dollar costs of replacing wild salmon through hatcheries show the
high intrinsic value of wild salmon and their natural spawning and
rearing habitat to society.  Good salmon spawning and rearing habitat,
based on its "replacement costs" through hatcheries, can thus be assessed
at a far higher value to society for salmon production than for other
human uses such as for timber production or agriculture. 

     A summary of the audit report is available on the Secretary of State's
website at:
www.sos.state.or.us/audits/audreports/summaries/sum2002-39.htm. The
report, No. 2002-39 "Hatchery Cost Effectiveness-State Fiscal Years
1996-1997," is available at:
www.sos.state.or.us/audits/audreports/fullreports/2002-39.pdf. To see
the 12 November Oregonian article on the Oregon Secretary of State's
salmon hatchery audit report, go to:
http://www.oregonlive.com/metro/oregonian/index.ssf?/xml/story.ssf/
html_standard.xsl?/base/all_wire_stories/1036846653222170.xml

     6:20/09. OREGON UTILITY AGREES TO REMOVE TWO DAMS,
RESTORE SALMON HABITAT:  On 24 October, Portland General
Electric (PGE) committed to decommissioning and removing its
22-megawatt Bull Run Hydroelectric Project and restoring about 21
miles of salmon spawning and rearing habitat along the Sandy River,
which also feeds the Bull Run Reservoir, the major water supply for the
City of Portland.  The Marmot Dam on the Sandy River will be removed
in 2007, the Little Sandy Dam on the Little Sandy River will be removed
in 2008, and other parts of the project will be removed in 2009.  PGE
representative Mark Fryburg said the company decided to decommission
the project because making the changes necessary to meet current
environmental requirements for obtaining a new operating license would
have cost more money than the power generated by the project is worth.
The federal operating license for the 90-year-old Bull Run project
expires in 2004, and to obtain a new license would require installing fish
passage.  For more see the 24 October Columbia Basin Bulletin at:
http://znetprime.znetsolutions.com/cbb.nsf/18adc0bb1cff03ec882568150
05bc818/11b5c74ca4f4836188256c5d00761b54?OpenDocument.  See
also the 28 October report by Environment News Service (ENS) at:
http://ens-news.com/ens/oct2002/2002-10-28-06.asp.

     6:20/10.  NEW BOOK AVAILABLE ON DECOMMISSIONING
DAMS:  With more than 75,000 dams built in the United States, all of
them aging and most obsolete or becoming serious safety hazards, the
nation is only now coming to grips with what to do with them all.  In her
new book, "Watershed: The Undamming of America," author Elizabeth
Grossman examines a number of existing dams and dam removal
projects around the country, chronicling the successes of dam removal as
well as the difficulties.  Of particular interest to readers on the west 
coast
will be the dam removal projects in Northern California's Sacramento
Valley, and ongoing removal projects in the Elwha River in Washington
State and  the Savage Rapids Dam on Oregon's Rogue River.  The fates
of many other dams in the book, such as the Lower Snake River Dams,
are still uncertain.  Over the next few years thousands of dams must
either be relicensed or decommissioned, with each decision having
major implications for the health of its river system and, on the west
coast, for salmon restoration.  Published by Counterpoint Press, the book
is available through local bookstores or the publisher at:
www.counterpointpress.com/1582431086.html.

      6:20/11. BOOK EXPOSES REALITY OF WEST COAST
COMMERCIAL FISHING:  "Dead Fish and Fat Cats," a no-nonsense
journey through a dysfunctional fishing industry, provides a lively
account of the experiences and entanglements of Eric Wickham, a
commercial fisherman from Vancouver Island with over fifty years
experience of fishing for salmon, halibut and sablefish.  In this 168-page
paperback Wickman describes the unpredictable life of the independent
West Coast commercial fisherman and takes a first-hand look at the
politics of fishing.

     With biting humor and sarcasm, Wickham chastises the "fat cat
fishing bureaucrats" for their mismanagement of the fishing industry.
Wickham also proposes some successful and innovative methods for
dealing with the ongoing problems that plague the West Coast fishing
industry. "Read this book for a real insight into how we got into this
mess and what should be done to get out of it," says the foreword by
David Suzuki, host of Canadian Broadcasting Company's (CBC) "The
Nature of Things" and the author of "Good News for a Change."  "Dead
Fish and Fat Cats" will be available at retail stores and on-line this
month. Look for it at Captain's Nautical Supplies and the University
Bookstore in Seattle, local bookstores throughout British Columbia or at
Amazon.com.  Copies will also be available directly from Granville
Island Publishing at www.GranvilleIslandPublishing.com.  

     6:20/12. AQUACULTURE -- "IT'S SPRINGTIME FOR HITLER
AND GERMANY": Move over Max Bialystock and Leo Bloom; meet
Jack Summers and Elaine Templeman.  The Philadelphia Inquirer
reported today, 15 November, that Summers, who "preached the gospel
of aquaculture for more than a decade, promising his fish farms had the
potential to feed the masses at a time when the oceans were in danger of
being fished out," along with his partner Templeman were indicted by a
federal grand jury Thursday for securities-fraud charges, apparently
"being more interested in cultivating new investors than tanks of catfish,
bass and perch."  The Inquirer article by Joseph Slobodzian said the
indictment also accuses the pair of diverting about $1 million for
personal use, including renting Summers' apartment on Park Avenue in
Manhattan.  Summers, according to the article, operated a demonstration
fish farm at Emmaus, near Allentown, Pennsylvania, that received a
$60,000 grant from the Ben Franklin Technology Center and an
environmental excellence award from Governor Tom Ridge, now head
of the U.S. Department of Homeland Security.

     Summers' company, Integrated Food Technology, "reeled in hundreds
of investors and almost $16 million," reported the Inquirer. "Assistant
U.S. Attorney Albert S. Glenn said Integrated Food Technologies closed
in November 1998 after five years in which Summers and Templeman
attracted about 940 investors, who sank $15.9 million in the
company........Summers is accused of telling investors that Integrated
Food Technologies stock would double or triple in price, that he was
close to an initial public stock offering, and that the company was
beginning to build large fish farms in Europe. What Summers did not
tell investors......was that he was still bound by a 1981 federal judge's
order barring him from selling the company's unregistered securities and
that earlier investors lost money in two previous aquaculture ventures:
International Mari-Culture Technologies Ltd., created in 1984 to operate
catfish farms in Mississippi, and Aquaculture Technologies Ltd.,
founded in 1985 to operate fish farms in Louisiana. In 1989, the
indictment alleges, a Mississippi state court ruled that Summers created
Aquaculture Technologies to divert money from the earlier Integrated
Food Technologies. Aquaculture Technologies declared bankruptcy in
1991, and Summers declared personal bankruptcy in 1992. Earlier this
year, a Texas jury awarded damages totaling $75.4 million against
Summers and a New York law firm that represented him for defrauding
four Galveston investors in the fish-farming business that the investors
contended turned out to be a Ponzi scheme."

      Well there you have it, the material for Mel Brooks' sequel to "The
Producers."  Now the question is what to call it? Perhaps "The
Producers, Part II" or simply "The Aquaculturists."  Who should star as
Summers and Templeman, or should Brooks just bring back Max and
Leo for their newest scheme once they get out of the pen?  To see the
complete Philadelphia Inquirer article by Joseph Slobodozian, go to:
http://www.philly.com/mld/inquirer/news/local/4522964.htm.
 
     6:20/13. HUNTINGTON BEACH INVITATION ONLY MEETING
PROMOTING "RIGS-TO-REEFS": Dr. William Hogarth, NOAA
(National Oceanic & Atmospheric Administration) Assistant
Administrator for Fisheries (i.e., Director of the National Marine
Fisheries Service), has lent his name as a co-host to an "invitation only"
workshop being sponsored by a group called the California Artificial
Reef Enhancement ("CARE") program to explore the "marine habitat of
California's oil and gas platforms."  The other co-host is Hubbs Sea
World's Don Kent, also of CARE.  Hubbs contracts with the State of
California to raise white sea bass and has been looking at offshore rigs as
locations for private aquaculture ventures. 

      The workshop will be held 18-21 November at the Hilton Waterfront
Hotel in Huntington Beach, California.  CARE is covering lodging, meal
and travel costs for the invited participants.  Since the event is to
promote the use of decommissioned oil rigs for reefs and other uses
(e.g., offshore aquaculture), part or all of the costs are believed being
underwritten by the oil industry. Presentations will be given by Drs.
Milton Love, Robert Shipp and Mary Yoklavich.  Issues to be discussed
include: Are oil and gas platforms in the California OCS (Outer
Continental Shelf) essential fish habitat for rockfishes?  Do the oil and
gas platforms in the California OCS have a role to play in the recovery
of rockfish in Southern California? What definitive criteria need to be
evaluated in order to decide whether or not a platform is suitable for
reefing? For more information, e-mail Dr. Hogarth at:
Bill.Hogarth@noaa.gov. 

     6:20/14. GROUNDFISH - BOCACCIO WILL NOT BE LISTED:
The National Marine Fisheries Service (NMFS) announced 14
November that it would not list bocaccio (Sebastes paucispinis) under
the federal Endangered Species Act (ESA).  Bocaccio, a rockfish that is
part of the Sebastes complex in the Pacific groundfish fishery, had been
petitioned in January 2001 by the Natural Resources Defense Council
(NRDC) along with the Center for Biological Diversity, and the Ocean
Conservancy for listing south of Cape Mendocino as threatened, and to
designate critical habitat under the ESA. They are currently one of nine
Pacific rockfish species classified as "overfished" under the
Magnuson-Stevens Fishery Conservation & Management Act (MSA).  In
September, the Pacific Fishery Management Council (PFMC) reduced
the total take of bocaccio along the Pacific Coast to 20 tons for 2003 as
part of a program to protect and rebuild the stock (see Sublegals 6:13/01;
6:07/18; 6:04/01; 5:25/01; 5:23/01). Adult bocaccio are found at depths
of 7 to 265 fathoms, but are most abundant at 27 to 138 fathoms in
association with rocky areas.  Larvae and small juveniles are free
swimming and are commonly found in the upper 50 fathoms of the water
column.  The fish are found as far north as Alaska, but most of the
population is found south of Cape Mendocino and most of that is south
of Point Conception.  Unfortunately, NMFS has never conducted
surveys south of Conception, so neither the agency nor the
environmental petitioners have any idea of the true status of the stock.

      Copies of the 23-page status review of bocaccio and the Federal
Register notice are available online at http://www.nmfs.noaa.gov. To see
the 15 November Los Angeles Times article by Ken Weiss go to:
www.latimes.com/news/local/lamesnapper15nov15,0,1496982.story?col
l=la%2Dheadlines%2Dcalifornia. 

     6:20/15.  U.S. GEOLOGICAL SURVEY WATER DATA NOW
ONLINE: The U.S. Geological Survey (USGS) has unveiled its new
online "WaterWatch" website which gives visitors an instantaneous
picture of water conditions anywhere in the U.S., including current
stream-flow conditions; high flood-flows and low drought-flows are
depicted on maps with color coded dots which represent conditions at
about 3,000 stream gages. The WaterWatch website is at:
http://water.usgs.gov/waterwatch.  WaterWatch also serves as a
geospatial front end to NWIS-Web, the USGS online National Water
Information System that provides access to real-time and historical
surface water, groundwater, and water quality data. Access to data via
NWIS-Web can be obtained at: http://waterdata.usgs.gov/nwis.                 

   NEWS, COMMENTS, CORRECTIONS: Submit your news items,
comments or any corrections to Editor at: sublegals@ifrfish.org 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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