[Fishlink] ~~>FISHLINK SUBLEGALS 11/22/02<~~

[bit-bucket@straylight.primelogic.com]

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                   ~~>FISHLINK SUBLEGALS 11/22/02<~~
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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. 21                                     22 NOVEMBER 2002
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"If governments and foundations actually gave a damn about our oceans
they'd be giving assistance and material to the commercial fishermen on
the front lines fighting the oil off Galicia and other spills around the
world, instead of promoting 'marine reserves' that don't protect anything
and don't do anything, except eliminate fishermen."......Peter Simon
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IN THIS ISSUE.......

Spanish Fishermen Fighting Oil Spill Destroying 
Their Fisheries. 6:21/01  

State of Oregon Wins New Carissa Lawsuit Over 
Vessel's Grounding, Oil Spill.  6:21/03

Bush Administration Pushes Drilling in National 
Seashore Habitat For Endangered Sea Turtles. 6:21/05

Dungeness Crab Abundance Catches Markets 
Off-Guard as Boats Scramble to Get Unloaded. 6:21/11

NRDC, Alaska Rainforest Campaign Push Cruise 
Ships to Serve Wild Salmon. 6:21/14

AND MORE......
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     6:21/01. SPANISH FISHERMEN, BRAVING GALES, FIGHT TO
CONTAIN "COAST OF DEATH" OIL SPILL:  Commercial fishermen
from Galicia, along the Northwest coast of Spain, are encountering gale
force winds as they try to contain a massive oil spill that has already
fouled almost 300 miles of shoreline along the Costa da Morte, killing
fish, shellfish and seabirds. The fishermen operating in these rich fishing
grounds on Spain's Atlantic Coast have ceased fishing since 1.3 million
gallons of fuel oil began leaking from the Bahamian registered tanker,
M/S Prestige, after the ship developed a crack in its hull in heavy seas on
13 November.  The vessel was subsequently abandoned and, instead of
towing it to port for repairs or to where the oil could be unloaded, the
Spanish government ordered it towed to sea where it split in two and
sank Tuesday, 19 November, about 75 miles west of Cape Finisterre in
nearly 2000 fathoms of water. The tanker had 22 million gallons aboard,
over twice the amount of oil that spilled from the Exxon Valdez into
Prince William Sound in 1989.

     The fishermen have attempted to erect make-shift barriers with their
vessels, trying to prevent the spread of the oil, but complain they have
gotten little help from the government and lack the equipment needed to
contain the sludge.  Galician authorities, fearing contamination, closed
the fisheries, leaving hundreds of fishermen out-of-work. The Galician
regional environmental authority has promised to pay them at the rate of
24.75 Euros per day, about one-fourth of an average day's wage for a
fisherman there.  The European Union (EU) has pledged 117.7 million
Euros to help compensate the victims of the spill.  In addition to the rich
fishing grounds off Galicia, there is a highly productive shellfish
industry along the coast; it is the second largest mussel producer in the
world, with an average annual harvest of 290,000 tons. Approximately
6,800 fishermen are currently affected in this region where some
100,000 people depend on its fisheries. According to the Associated
Press, "Spain's northwest coast has suffered several tanker accidents in
recent years. The worst was in 1992, when the Greek tanker M/S Aegean
Sea lost 21.5 million gallons of crude oil when it ran aground." 
Environmental News Service added, also on 19 November, "European
shores have been fouled by three major oil spills in the past 10 years,
always during the winter months." On 5 January 1993, the M/S Brear
spilled 26 million gallons of oil off the Shetland Islands. On 15 February
1996, the M/S Sea Empress dumped 18 million gallons of oil off Wales
and on 12 December 1999, the M/S Erika leaked three million gallons of
oil off the coast of Brittany. 

     Although most of the tanks aboard the Prestige were believed intact
when it went down, some could have been ruptured when the bow and
stern hit the seafloor and others may corrode, leaking oil later. That is
the scenario that followed the 14 July 1953 sinking of the SS Jacob
Luckenbach that went down 17 miles southwest of the San Francisco's
Golden Gate and was still leaking oil as late as this past spring. 
Recovery of 70,000 of the 132,000 gallons of fuel oil the Luckenbach
held was possible this summer when the oil was pumped from the wreck
located in 30 fathoms of water to a barge at the surface. If oil is still
coming from a wreck of nearly 50 years with just a fraction of that held
by the Prestige, the sinking this past Tuesday could be a real "time
bomb" according to experts.  Built in 1976, the Prestige was just one of a
number of single-hulled tankers still being used throughout the world to
transport oil. Many of these foreign registered vessels are operating in
coastal waters off North America, including San Francisco Bay, regarded
as the most important estuary on the west coast of North and South
America, and inside Puget Sound.   The Prestige sinking has led the
European Commissioner responsible for transport and energy, on 20
November, to urge European Union transport ministers to act to
safeguard against another such spill. For more:
http://ens-news.com/ens/nov2002/2002-11-20-02.asp. 

     6:21/02. EU LAUNCHES "CLEANER SEAS" STRATEGY:  The
European Commission has outlined a wide-ranging European Union
(EU) strategy to better protect Europe's marine environment. That
strategy is contained in a recent communication addressed to European
governments and the European Parliament.  The Commission's report,
issued a month before the Prestige sinking off the coast of Spain (see
Sublegals 6:21/01 above), says that while a number of actions have been
taken by individual counties, there still exists no overall or integrated
European marine policy, and promises to fill this gap by 2004. Among
many other measures, the Commission proposed to halt marine
biodiversity decline by 2010 and reverse stock declines; end all
contamination of the marine environment by hazardous and radioactive
wastes; eliminate all human-caused nutrient pollution causing
eutrophication by 2010; eliminate sources of marine litter and develop a
"clean ships" anti-dumping policy for ships at sea, and; end oil pollution
from ships and offshore installations by 2020.  For more, see the 10
October report by Environment News Service at:
http://ens-news.com/ens/oct2002/2002-10-10-01.asp.

     6:21/03. OREGON WINS NEW CARISSA GROUNDING, OIL
SPILL NEGLIGENCE LAWSUIT: On 13 November the State of
Oregon won a jury verdict awarding it $25 million in damages and costs
for the grounding of the M/S New Carissa, which ran ashore on a
southern Oregon beach on 4 February 1999 and broke in half.  The jury
found clear negligence of the captain, who chose to anchor the vessel in
heavy surf rather than run further offshore, but then let out too little
chain for the anchor, which lifted off the bottom in 20-foot swells.  The
resulting salvage operation had to empty 400,000 gallons of heavy grade
bunker fuel oil.  Roughly 70,000 gallons of fuel oil leaked, and the stern
of the vessel still sits on the beach.  The money will likely be used by the
State of Oregon to remove the stranded stern.  Still unresolved is an
unspecified damage suit by the federal government for the destruction of
natural resources, and a $97 million counter-claim by the ship's owners
against the federal government claiming that coastal charts it used were
inaccurate, which it blames in part for the grounding.  For a full report
on the New Carissa lawsuit and the award, go to the 14 November
Oregonian article at:
http://www.oregonlive.com/news/oregonian/index.ssf?/xml/story.ssf/ht
ml_standard.xsl?/base/front_page/103727863076021.xml.

     6:21/04. OIL SPILLS MAY LINGER LONGER THAN EXPECTED: 
The extent of damage oil spills cause the marine environment and to
fisheries has been well documented, but there remains much debate over
how long those impacts can last.  Recent evidence from a Massachusetts
oil spill has found pockets of oil just below the seabed floor more than
30 years after an oil tanker spill, raising fears that oil spills may 
continue
to pollute the environment indefinitely.  Scientists thought the marine
environment had returned to normal more than ten years ago, and were
surprised to find oil in large amounts in sediment 6 inches deep, reports
a 24 October article by Reuters.  These findings have raised concerns
that agencies may be greatly underestimating the long-term
environmental impacts of such spills as the 1989 Exxon Valdez
grounding, which released 60 times more oil than the one in
Massachusetts.  For more of the Reuters story see:
www.enn.com/extras/printer-friendly.asp?storyid=48786.

     6:21/05. BUSH ADMINISTRATION APPROVES GAS DRILLING
IN NATIONAL SEASHORE:  The U.S. Administration of President
George W. Bush has approved two new natural gas wells inside the
Padre Island National Seashore, reported the New York Times today, 22
November.  Oil and gas drilling have occurred in this Texas park before,
but little within the last 20 years. For the fishing industry there are two
concerns. First, the action to allow drilling within a national park is
highly duplicitous following the U.S. Park Service decision to remove
salmon trollers, whose fishery is as environmentally benign as any
human activity can be, from Glacier Bay National Park in Alaska.
Second is that the drilling further threatens the world's smallest and most
endangered sea turtle, the Kemp's ridley, which uses Padre Island as its
principal nesting ground in the U.S. and is the center of an intensive
20-year federal effort to save them from extinction. To build the new
wells, heavy trucks will now drive about 20 times a day over nesting
grounds.  Shrimp fishermen in the Gulf of Mexico are required to use
turtle excluder devices (TEDs) in their trawl nets to protect the turtle. 
Now, it seems the turtles they save will become road kill for the trucks
constructing and servicing the new gas rigs in this national park. "'This
drilling is designed to enrich an oil company at the expense of the park,
its visitors and its marine life,' said Randy Rasmussen, southwest
regional director of the National Parks Conservation Association, "
quoted in the New York Times story by Blaine Harden.  To see the
complete article, go to:
http://www.nytimes.com/2002/11/22/politics/22PADR.html?ex=103926
8134&ei=1&en=14d3b9349f5c48c0

     6:21/06. MPAS - MARINE ECOLOGICAL RESERVES
RESEARCH AVAILABLE ON CD-ROM:  The California Sea Grant
College Program has announced the availability of a CD-ROM
containing research and development of baseline information on marine
reserves in the state.  In 1996, the California Fish & Game Commission
selected Sea Grant to design and administer a competitive,
peer-reviewed research  program at four new reserves: Punta Gorda, Big
Creek, Vandenberg, and Big Sycamore Canyon. The studies were
conducted from 1997-2001. "The goal of this program has been to learn
more about  how marine reserves might best be used as a management
tool to benefit California's marine life, and provide a mechanism to
conduct top-quality research that will ultimately allow Californians to
make better decisions about marine resources," said Robert Hight,
Director of the California Department of Fish & Game (CDFG). "This
program.........has provided the Department of Fish & Game with an
extraordinary opportunity to build productive relationships with marine
scientists throughout California's universities." Requests for CD-ROM
of results should be directed by e-mail to: gfrederick@ucsd.edu. 

      6:21/07. PEW OCEANS COMMISSION RELEASES REPORT ON
ECOLOGICAL EFFECTS OF FISHING:  At the end of October, the
Pew Oceans Commission released its newest paper, "The Ecological
Effects of Fishing in Marine Ecosystems of the United States."  The
latest in a series of science reports, it notes that many scientists are
finding some commonly used fishing practices can harm the very
ecosystems fishermen depend on for their livelihoods -- particularly
when combined with the effects of habitat loss, coastal and estuary
pollution, and excessive bycatch and discards.  The report further points
out that poor data collection and lack of biological information on many
key stocks, plus ineffective regulation and no brakes on overdeveloping
fishing capacity, have been underlying causes of many past fishery
collapses.  In order to encourage more sustainable fishery practices, the
authors propose a new approach to fishery management based upon (1) a
major commitment to understanding and monitoring ocean ecosystems
as a whole, rather than using past practices of species-by-species
management, and (2) a proactive and adaptive approach founded upon
ecosystem-based planning and marine zoning. The report is available at:
http://pewoceans.org/oceanfacts/2002/10/25/fact_29889.asp.

    The Commission is scheduled to release its next report on the
socio-economics of fishing in January 2003. Previous Pew Commission
reports covered the threats posed by marine pollution, coastal sprawl,
introduced species, and aquaculture  (see Sublegals 5:16/07; 4:17/05;
4:16/03; 4:05/04; 3:09/13; 1:21/01).  The Commission anticipates
presenting its final recommendations toward a new national ocean policy
to Congress and the public in March 2003.  PCFFA President Pietro
Parravano is one of two commercial fishing representatives on the
20-member body. Information about the Commission, including copies
of its other science reports, is available online at: www.pewoceans.org.

     6:21/08. WITH CLAMOR FOR MPAS, RESEARCH FINDS
LITTLE LAND LEFT UNTOUCHED:  83 percent of the Earth's land
surface has been modified or influenced by humans, leaving "just a few
areas pristine for wildlife," Reuters reported 23 October. 98 percent of
areas suitable for growing crops such as rice, wheat or corn show signs
of human influence with the primary remaining wild areas composed of
the "northern forests of Alaska, Canada and Russia; the high plateaus of
Tibet and Mongolia; and much of the Amazon River Basin."  The report
has raised questions of whether protecting remaining land areas should
not be given the highest priority in preserving global biological diversity.
A map of human influences is at http://www.wcs.org/humanfootprint.

      6:21/09. MPAS - ALASKA MARINE RESERVE POLICY IN THE
WORKS, PANEL NOMINATIONS SOUGHT:  The Alaska Board of
Fisheries voted unanimously 19 October in support of drafting a policy
on the protection of marine areas in its waters, to be developed over the
fall and winter by a steering committee that is to include scientists,
fishermen, conservationists, 10 members representing various regions of
the state and two Board of Fisheries members.  Nominations for the
steering committee will be taken until 27 November, and the Board
expects to seat the panel at its 5-6 December meeting in Anchorage.  The
goal is to have a draft policy ready by 5 March 2003.  This panel process
was recom-mended in a July Alaska Department of Fish & Game
(ADFG) report.  For more, see the 23 October Anchorage News-Miner
at: http://www.news-miner.com/Stories/
0,1413,113%7E7249%7E943696,00.html. Nominations must be
received by 1700 HRS on 27 November and should be sent to: ADF&G,
Boards Support Section, P.O. Box 25526, Juneau, AK 99802, Fax: (907)
465-6094.  For more information contact Diana Cote at:
diana_cote@fishgame.state.ak.us. For more information on the policy
development process, go to:
http://www.state.ak.us/adfg/boards/fishinfo/news/mprot.htm.
 
     6:21/10.  KITZHABER ENDORSES OPAC PROPOSED MPA
PROCESS:  Outgoing Oregon Governor John Kitzhaber, in a 13
November letter, formally endorsed a proposal by the Oregon Ocean
Policy Advisory Council  (OPAC) that maps out a process for
establishing a system of marine reserves, or marine protected areas
(MPAs), in state waters offshore Oregon. "This is a time of economic
stress for coastal communities and I recognize the concern of the
commercial and recreational fishing industry that reserves might end up
merely as large ocean areas closed to fishing," said Kitzhaber in his letter
of the 13th to OPAC.  "I ask the OPAC to work with stakeholders to
design a system that may include some fully protected reserves to test the
concept but be clear that not every reserve would limit fishing."

     OPAC, which includes representatives of the commercial fishing
industry, has been working on its recommendations for nearly two years
(see Sublegals 6:08/02; 5:18/07; 2:14/09) and submitted its final report
to the Governor on 16 August. For more about OPAC, the OPAC marine
reserves proposal, and Kitzhaber's endorsement letter, see:
http://www.oregonocean.org/index.shtml.

     6:21/11. CRAB - BOATS GETTING UNLOADED, NORTHERN
PRESET ANNOUNCED, ALASKA SEA GRANT PROCEEDINGS
PUBLISHED:  The unexpected abundance of Dungeness crab during the
"southern" (Sonoma County, California south) opener along the Pacific
Coast has left many boats waiting at the dock to get unloaded (see
Sublegals 6:20/02; 6:19/01).  The remainder of the fleet is staying in,
waiting to get everyone unloaded before heading back out.  Two of the
largest processors shut their doors on the boats after verbally agreeing to
a $2.25 ex-vessel price when the fleet went out, and are now holding out
for $1.85 (California law requires written market orders, but this
provision of law is almost never enforced by the Department of Fish &
Game (CDFG)).  The fleet may be forced to go to a lower price, with
Dungeness more plentiful than expected, many of the crab sitting on the
boats in danger of dying and the weather possibly coming up before the
U.S. Thanksgiving, occurring on the 28th.  Boats are expected to go back
fishing on the 24th to get in at least one more pull before next Thursday's
holiday.

     The marketing glitch for the early Dungeness season came about
because of three factors. First, was the abundance of crabs, catching
processors and distributors by surprise. Second, many of the large retail
outlets did not run ads at the beginning of the season, as they normally
do, because of delays in past years in the opening of the season and little
product.  Third, Thanksgiving comes later this year, when there is the
big demand for crab for the holiday.  The crab abundance itself can be
attributed to two factors. First, has been the heavier than normal
rainfall/snowpack during the past several years resulting in more
freshwater inflow to the estuaries (e.g., San Francisco Bay); that
increased inflow meant a healthier ecosystem for juvenile crabs that are
estuarine-dependent.  Second, colder water and good upwelling along
the Pacific Coast have created healthier oceanic conditions for the crabs
and most every other fish species (e.g., larger salmon in more abundant
numbers).   
 
     A portion of the "northern" season is set to open on 1 December.
Normally this area, from Mendocino County, California north to the
Canadian border, all opens on the same date, unless there are price
disputes in different areas or quality problems cause a delay in the
opener. This year, however, because of a request from the tribal fishery,
Washington will not open until 10 December. CDFG Director Robert
Hight, meanwhile, announced on 21 November that crab fishermen for
the northern area of California may start setting traps beginning at 0600
HRS on the 28th for the 1 December opener.  For more information, go
to: http://www.dfg.ca.gov.                                                    
                       

     "Crabs In Cold Water Regions: Biology, Management and
Economics," is the title of a just-released Alaska Sea Grant book. The
publication contains the proceedings of the January 2001 Anchorage
symposium, "Crabs in Cold Water Regions," presenting 53 papers on
recent research advances. According to Sea Grant, this "book brings
researches and managers up to date on biology, distribution, life history,
ecology, and recruitment of cold water crabs.  Length-based modeling
techniques provide better insights into crab population dynamics. Survey
and fishery data now span 20-30 years, thus advancing our
understanding of decade-long fluctuations of long-lived species, and
helping to uncover relationships with the ecosystem. Fishery
management is also evolving with a focus on habitat protections,
establishment of marine refugia, and increased emphasis on conservation
in the face of global overfishing concerns."  The 876-page book
(AK-SG-02-01) is available for $40.00 US ($60.00 Canadian) from
University of Alaska Sea Grant and may be ordered by calling (888)
789-0090 or though their online bookstore at:
www.uaf.edu/seagrant/bookstore.            

     6:21/12.  FERC CLAIMING CLEAN WATER ACT DOES NOT
APPLY TO DAMS:  The Federal Energy Regulatory Commission
(FERC), the U.S. agency charged with licensing tens of thousands of
non-federal hydropower dams across the country, has recently taken the
position, in an obscure federal court case, that the federal Clean Water
Act simply does not apply to dams.  The Commission has asked the
court to rule that states cannot require a state water quality permit under
their delegated Clean Water Act authority as a precondition to FERC
relicensing of a dam.  The case directly attacks state legal authority over
thousands of dams that are coming up for relicensing now or in the near
future. The case arises out of requests by Alabama Power to expand the
Martin Dam in Alabama, one of its current hydropower dams, a
revamping which would require a new FERC license.  In its response,
however, FERC and the U.S. Justice Department went beyond the facts
at hand to argue in the case that the Clean Water Act simply does not
apply to hydropower dams at all.  Alabama Power and hydropower
industry lobbyists also filed amicus briefs supporting FERC's theory. 
Twenty-one state Attorney General's have signed on to an amicus brief
sponsored by American Rivers in opposition to FERC's assertion and in
support of state Clean Water Act authority over dams.  The State of
Alabama originally signed on to the conservation group's brief but then
withdrew under heavy lobbying pressure from Alabama Power.

     Dams adversely impact the quality of water in a river as well as the
quantity available for flow below the structures. Moreover, they block or
impede fish migration.  If the Bush Administration, through FERC, loses
this case then state authorities will continue to have a say under the
Clean Water Act on the fate of thousands of dams coming up for
relicensing. If the Administration and FERC prevail, however, state
authority to condition a FERC license on meeting state water quality
standards would end.

     For more information on the Alabama Power case, go to the
American Rivers website at:
http://www.amrivers.org/pressrelease/cleanwater112002.htm.  Copies of
plaintiff, defendant and amicus briefs are available by calling Andrew
Fahlund of American Rivers at: (202) 347-7550.

     6:21/13.  IDAHO WATER DIVERSION HALTED TO PROTECT
ESA-LISTED FISH:  In a decision with implications throughout Idaho
and other parts of the West, a federal judge has stopped an Idaho rancher
from using an antiquated irrigation diversion that poses harm to bull
trout, a threatened species under the Endangered Species Act (ESA).
According to the Western Watersheds Project (WWP), the permanent
injunction issued by U.S. District Court Judge B. Lynn Winmill, in
response to the lawsuit by the WWP and the Committee for the High
Desert, marks one of the few times a court has halted a water diversion
to prevent harm to ESA-listed fish. The decision also requires the
rancher to install fish gates and a migration bypass before diverting any
more water.  "This decision affirms that farmers and ranchers cannot
violate the Endangered Species Act," said WWP Executive Director Jon
Marvel.  "If listed fish continue to be harmed by irrigators, they either
have to change their ways or risk losing use of their diversions." The
order is Idaho Watersheds Project v. Jones (U.S. District Court of the
District of Idaho, No. 4:00-CV-730), online at:
http://www.id.uscourts.gov/ECM/dc_images/__0TK04IEQM10117907.
pdf.

     6:21/14. NRDC CAMPAIGN TO GET CRUISE SHIPS TO SERVE
WILD SALMON: The Natural Resources Defense Council (NRDC) has
initiated a campaign aimed at persuading Alaskan cruise ships to serve
wild Alaskan salmon. Apparently most of cruise lines plying Alaskan
waters are serving up farmed Atlantic salmon while their passengers
look out on Alaskan scenery and waters filled with abundant wild native
salmon. As part of their campaign, NRDC has circulated a letter directed
to cruise lines outlining the benefits of using wild Alaskan salmon on
their voyages. For information about the campaign and/or a copy of the
letter, contact Amy Mall (NRDC) at (202) 289-2365 or Brian McNitt
(Alaska Rainforest Campaign) at (907) 747-8292. 

     6:21/15. WHAT'S THAT FISH? - FAO SPECIES
IDENTIFICATIONS MADE READILY AVAILABLE: The United
Nations' Food & Agriculture Organization (FAO) is making its series on
identification of fish species available online in PDF format. These can
be accessed through the corresponding Species Identification Publication
(SIDP) page at: http://www.fao.org/fi/sidp/products/pub_cata.htm.

     6:21/16. ALL SNAKEHEAD FISH SPECIES ADDED TO
INJURIOUS SPECIES LIST:  The U.S. Fish & Wildlife Service
(USFWS) has added all species of snakehead fishes in the Channidae
family to the list of injurious fish, mollusks, and crustaceans. By this
action, the Service prohibits the importation of these species into or
transportation between the continental United States, the District of
Columbia, Hawaii, the Commonwealth of Puerto Rico, or any territory
or possession of the United States. The action came after efforts to
eradicate escaped snakefish from a Maryland pond, where they had
wiped out all other species.  The species can live on land for days, walk
from pond to pond and has nasty teeth (see Sublegals 6:06/07; 6:02/04).
The Federal Register notice of 4 October (Vol. 67, No. 193, pp.
62193-62204) is online at:
http://www.access.gpo.gov/su_docs/aces/aces140.html.

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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