[Fishlink] ~~>SUBLEGALS 3Jan03<~~

bit-bucket@straylight.primelogic.com bit-bucket@straylight.primelogic.com
Wed, 8 Jan 2003 00:55:45 EST


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                             ~~>SUBLEGALS  3Jan03<~~
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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. 07, NO. 01                                            3 JANUARY 2003
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"In the past two years the White House has been awfully nice to certain
people, particularly those in the top two tax brackets. The
Administration's idea of economic policy is to go from table to table at
the Four Seasons discreetly asking patrons if they need help with the
check."   .........Malcolm Gladwell
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IN THIS ISSUE.......

Bush Administration Names Candidates For National Marine 
Protected Areas Panel. 7:01/01

California Appellate Court Rules State's Coastal Commission
Unconstitutional.  7:01/03

Northern Dungeness Crab Fishery Remains Tied-Up in 
Price Dispute. 7:01/04

Wyden and Smith Call For GAO Investigation of Data 
Used For Managing Groundfish Fishery. 7:01/06

PCFFA, IFR Boards to Meet Thursday and Friday, 
16-17 January in Fort Bragg. 7:01/10

AND MORE......
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     7:01/01. BUSH ADMINISTRATION ANNOUNCES
APPOINTMENTS TO NATIONAL MPA PANEL: The Administration
of U.S. President George W. Bush released on 3 January the list of its
final candidates for the "National Marine Protected Area Federal
Advisory Committee."  The announcement was made by the National
Oceanic & Atmospheric Administration (NOAA) and the Department of
Interior. "Required as part of Presidential Executive Order 13158 dealing
with Marine Protected Areas (MPAs), the 30-person committee
represents a broad stakeholder community, including scientists,
academia, commercial and recreational fishermen, resource users and
managers, and environmentalists," said NOAA. "The advisory
committee's duties include providing advice and recommendations to the
Secretaries of Commerce and the Interior on implementation of aspects
of the MPA Executive Order.  The committee will be supported by the
National Marine Protected Areas Center, established by NOAA in
cooperation with the Department of the Interior, as required by
Executive Order.  The MPA Center is charged with developing a
framework for a national system of MPAs and providing federal, state,
territorial, tribal, and local governments with the information,
technologies, training, and strategies to support a national MPA system
for our oceans, coasts, and Great Lakes."  Final candidates for the MPA
Federal Advisory Committee are:

* Dr. Tundi Agardy, Sound Seas; Bethesda, Maryland
* Mr. Robert Bendick, Jr., The Nature Conservancy; Altamonte Springs, 
      Florida
* Mr. David Benton, North Pacific Fishery Management Council; 
      Anchorage, Alaska
* Dr. Daniel Bromley, University of Wisconsin; Madison, Wisconsin
* Dr. Anthony Chatwin, Conservation Law Foundation; Boston, 
      Massachusetts
* Dr. Michael Cruickshank, Marine Minerals, Technology Center 
      Associates; Honolulu, Hawaii
* Mr. Ernesto Diaz, Puerto Rico Coastal Zone Management Program; 
      San Juan, Puerto Rico
* Ms. Carol Dinkins, Vinson & Elkins Attorneys At Law; Houston,      
Texas
* Dr. Rodney Fujita, Environmental Defense; Oakland, California
* Dr. Dolores Garza, University of Alaska; Ketchikan, Alaska
* Mr. Eric Gilman, National Audubon Society; Honolulu, Hawaii
* Dr. Mark Hixon, Oregon State University; Corvallis, Oregon
* Mr. George Lapointe, Maine Department of Marine Resources; 
       Augusta, Maine    
* Dr. Bonnie McCay, Rutgers University; New Brunswick, New Jersey
* Mr. Melvin E. Moon, Jr., Quileute Natural Resources Department; 
     LaPush, Washington
* Mr. Robert Moran, American Petroleum Institute, Washington, D.C.
* Dr. Steven Murray, California State University; Fullerton, California
* Mr. Michael Nussman, American Sportfishing Association;
       Alexandria, Virginia
* Dr. John Ogden, Florida Institute of Oceanography; St. Petersburg,
       Florida
* Mr. Terry O'Halloran, HulaRez Inc.; Kalaheo, Hawaii
* Mr. Lelei Peau, Department of Commerce of American Samoa, Pago 
      Pago; American Samoa
* Dr. Walter Pereyra, Arctic Storm Management Group, Inc.; Seattle, 
      Washington
* Mr. Max Peterson, International Association of Fish & Wildlife 
      Agencies; Washington, D.C.
* Mr. Gilbert Radonski, Sport Fishing Institute; Cape Carteret, North 
      Carolina
* Mr. James Ray, Environmental Ecology & Response Shell Global 
      Solutions Inc.; Houston, Texas
* Ms. Barbara Stevenson, Portland Fish Exchange; Portland, Maine
* Dr. Daniel Suman, University of Miami; Miami, Florida
* Capt. Thomas E. Thompson, International Council of Cruise Lines; 
      Arlington, Virginia
* Ms. H. Kay Williams, Gulf of Mexico Fishery Management Council; 
      Vancleave, Mississippi
* Mr. Robert Zales, II, Bob Zales Charters; Panama City, Florida

     On the list are apparently only two commercial fishing
representatives -- Wally Pereyra and Barbara Stevenson -- neither of
whom now actively fish.  The only recreational fishing representatives
appear to be Mike Nussman, Gil Radonski and Bob Zales. According to
NOAA, "Committee members were nominated by organizations and
individuals. Potential members are offered membership into the
committee and then must undergo a background check.  These
candidates were selected by a panel of experts from both agencies
seeking to ensure that the committee's membership represented the broad
spectrum of interested parties throughout the nation."

     PCFFA Executive Director Zeke Grader said he was disappointed
with the selection, but not surprised. "There are a few good individuals
on the panel, but the overall group is abysmal; the candidates appear to
have been chosen more for their connections inside the Beltway and not
for any actual knowledge of the oceans or first-hand experience with
MPAs," said Grader.  "It would have been nice just to have a couple of
working fishermen on the group, such as a Tony Iarocci or Chris Miller,
who make their livings on the ocean, who have participated in MPA
selection processes, and who will think and question."

     "Marine protected areas are important resource management tools,"
U.S. Commerce Secretary Don Evans was quoted saying in the NOAA
announcement.  "We look forward to strong leadership from these
individuals in helping us determine how best to continue our efforts,
balancing conservation needs with commercial and recreational interests
as we move forward to protect the marine environment for present and
future generations." NOAA (which includes the National Marine
Fisheries Service) is under the Department of Commerce.  Department
of Interior interests in the marine area include its Minerals Management
Service (promoting offshore oil and gas development), the U.S. Fish &
Wildlife Service (migratory sea birds and sea otters), and the Bureau of
Indian Affairs (Tribal fishing rights). For more information on the
selections, contact Andrew Larkin, NOAA Office of Legislative Affairs
at: andrew.w.larkin@noaa.gov. 

     7:01/02. PRESTIGE OIL SLICK NOW HITTING FRENCH
BEACHES: On 24 December France received an early Christmas
present from the M/V Prestige in the form of heavy crude oil and dead
seabirds that began washing up on its southwestern shores (see
Sublegals, 6:23/03; 6:21/01).   Nine days later, with slicks totaling an
area the size of New York City off their coast, French officials are taking
action.  A clean-up force composed of firefighters, police and military
personnel has been assembled in the Landes region between Biarritz and
Bordeaux, and government prosecutors are preparing to take the matter
to court.                                                                     
                                   

     A spokesman for French President Jacques Chirac stated, "The
pollution now affecting the French coastline obliges us to proceed with a
formal investigation to seek out and punish those responsible for this
ecological catastrophe."  The M/V Prestige, which sank off the coast of
Spain on 19 November, has leaked an estimated one-quarter of its 22
million gallon cargo to date, causing $250 million in damage to Spanish
fishing communities. The ban on fishing off Galacia, along Spain's Costa
da Morte, which was closed shortly after the first spills, will likely
continue for another five months at least, reports Deutsche
Presse-Agentur.  Spain is to receive 140 million euros from the
European Union (EU) to help residents of Galacia, while the
Government of Spain said it will provide another 90 million euros for
relief.  Experts are predicting that the long-term damage from the
Prestige spill could amount to 10 billion euros. For more, see the BBC
report at http://news.bbc.co.uk/1/hi/world/europe/2622855.stm or the
ABC story at http://abcnews.go.com/wire/World/ap20030103_843.html. 

      7:01/03. APPEALS COURT HOLDS CALIFORNIA COASTAL
COMMISSION TO BE UNCONSTITUTIONAL:  On 30 December a
California State Appellate Court upheld an April 2001 lower court
decision, ruling the composition of the California Coastal Commission
unconstitutional.  Created by a voter initiative (Proposition 20) in 1972,
followed by the Legislature's passage of the California Coastal Act of
1976, the Commission has authority for enforcing the Coastal Act,
making consistency determinations of federal actions along the coast and
offshore with the state act (e.g., oil development on the federal outer
continental shelf, U.S. Army Corps of Engineers' dredge spoil dumping),
approving and enforcing local coastal plans (LCPs), and approving
permits for buildings, seawalls and other structures in the coastal zone. 
The Third District Court of Appeal agreed with Superior Court Judge
Charles Kobayashi that the Commission violated the Constitution's
separation of powers since the majority of its members are chosen by the
Legislature (four each by the Speaker of the Assembly and the Senate
Rules Committee).  Moreover, all of the Commission members serve at
the will of those appointing them and can be removed, therefore, at any
time by whomever they were appointed by.  Unless there is an appeal of
the decision to the California Supreme Court, Kobayashi's original
decision will take effect in 30 days. A group calling itself the Marine
Forests Society, with help from the Building Industry Association,
brought the original suit.  The Marine Forests Society had sought to
dump old tires offshore under the guise of creating artificial fish reefs
before the Commission stopped them in 1999. 

     PCFFA was one of just a few economic interest groups that supported
passage of the Coastal Act in 1976.  PCFFA was successful in getting
language into the legislation declaring commercial and recreational
fishing to be a coastal-dependent use and requiring the protection, or
"upgrading where feasible," of commercial fishing facilities, then
threatened with recreational marina and other coastal development. Over
the years the Coastal Commission actions have generally been good for
the fisheries, from enforcement of fishing industry infrastructure
protection to the Commission's opposition to offshore oil drilling and
dumping of dredge spoils in fishing grounds.  Only in recent years has
the Commission turned against fishermen when it permitted aquaculture
leases in the middle of a critical anchorage at Half Moon Bay.  Whether
or not there is an appeal, the State Legislature is expected to make some
changes.  Meanwhile some clarification will be needed from the Court as
to what changes will be needed to pass Constitutional muster and, more
importantly, whether the Commission's past thirty years of decisions are
valid.  For more on the issue, see the 31 December article in the San
Francisco Chronicle at:
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/12/31
/national0954EST0498.DTL.   

     7:01/04.  NORTHERN DUNGENESS CRAB FISHERY REMAINS
AT AN IMPASSE WITH LARGE LANDINGS AND LAGGING
PRICES:  An ex-vessel price agreement was finally reached for the
"northern" Dungeness crab along the Pacific Coast (Mendocino County,
California to the Canadian border) on 20 December, but after only about
four days of fishing, crabbers were tied-up again as processors closed
their doors claiming they could not handle the volume of crab at the
price that was agreed to.  The "northern" season was set to begin 1
December for California and Oregon and 10 December (non-tribal
fishery) for Washington, but boats remained at the dock for nearly a
month; the marketing associations were asking $1.85 (US) per pound
while processors were willing to pay only $1.40.  Crabbers finally agreed
to the dealers' offer, $.25 less than last year's opening price.

    In all, about four days of fishing occurred before some of the larger
processors, that had offered and agreed to the $1.40 per pound, closed
their doors saying they would not buy unless fishermen lowered the price
to $1.25 per pound.  What Dungeness is now on the market is coming
from the "south" (Sonoma County, California south to Monterey Bay)
where prices have gone back to over $2.00 per pound (see Sublegals,
6:21/11; 6:20/02; 6:19/01) and from the Tribal fisheries in Washington
State. 

     7:01/05. NMFS PROPOSES ALASKA CRAB FISHERY
BUYBACK: The National Marine Fisheries Service (NMFS) is seeking
public comment on a proposal for a $100 million buyback program for
crab fishermen participating in the Bering Sea/Aleutian Islands King and
Tanner Crab Fishery. The buyback would be financed by a loan to be
repaid over 30 years by catch landing fees of crab fishermen who remain
in the fishery. The proposal would pay fishermen for withdrawing their
vessels from fishing and surrendering their fishing licenses and fishing
histories. The withdrawn fishing vessels may never fish again anywhere
in the world, either recreationally or commercially. Under the proposal,
NMFS would finance the buyback's cost with a loan of up to $100
million, and crabbers who continue to participate in the fisheries would
repay the $100 million from post-buyback crab landing fees over a
30-year period. Between 1990 and 1999, the fishery's long-term average
landings were worth about $240 million annually but it is now
considered overfished and overcapitalized. The proposed rule is open for
comment until 27 January. To view the proposed rule, go to:
http://www.fakr.noaa.gov/newsreleases/default.htm.

     7:01/06. WYDEN AND SMITH CALL FOR GAO
INVESTIGATION OF PACIFIC GROUNDFISH FISHERY DATA: At
the end of 2002, the offices of U.S. Senators Ron Wyden (D-OR) and
Gordon Smith (R-OR) released copies of a 4 December letter the two
legislators had sent the Congressional General Accounting Office (GAO)
calling for "an investigation into the reliability of the data being used by
the National Marine Fisheries Service (NMFS) to conduct stock
assessments on the multi-species Pacific groundfish complex."  The
letter was sent in response to the severe cutbacks that have been imposed
by the Pacific Fishery Management Council (PFMC) and NMFS for the
2002 and 2003 seasons in light of recent data indicating depressed
bocaccio, canary, yelloweye and darkblotched rockfish (see Sublegals,
6:11/01; 6:07/18; 6:04/01; 5:25/01; 5:23/01). The two Oregon Senators
asked that the GAO "examine the following issues in relation to data
collection and analysis for the Pacific fisheries:

* Does the survey methodology used (e.g., a swept-area trawl survey)
provide an accurate and reliable measure of the abundance of the four
Sebastes species referenced above? Are the survey methodologies used
to collect data for other commercially and recreationally important
species adequate to accurately and reliably measure the abundance of
these species?
* Is the periodicity of surveys (e.g., one survey of the continental shelf
every three years) sufficient to track abundance shifts? Why are surveys
conducted every year in other fisheries in the United States? What
periodicity of surveys is most accurate to track abundance shifts?
* Is the intra-annual timing of surveys (especially larvae surveys)
appropriate for the life history of the referenced Sebastes species?
* Do the current methodologies for data collection, data recording and
analysis provide the necessary reliability and degrees of confidence to
allow the Council to make reasonable and equitable management
decisions? What adjustments to the methodologies would improve this
process?
* Does the acoustic survey for Pacific Whiting provide a reliable
estimate of the range and volume of exploitable whiting biomass?  Are
the annual timing, geographic extent, and periodicity sufficient to
measure this stock?
* If adjustments to the surveys are necessary, what funding level is
necessary to do the surveys correctly? How does the necessary funding
level compare to budget requests and expenditures for surveys in fiscal
years 2000, 2001, and 2002 as well as funding levels budgeted by the
Administration for fiscal years 2003 and 2004? 
* What steps has NMFS taken toward fulfilling the West Coast specific
improvements outlined in its recent report, Marine Fisheries Stock
Assessment Improvements, dated October 2001? What remains to be
done? "

     For more information on the letter and any GAO response, contact
either Sarah Bittleman in Senator Wyden's office at (202) 224-3163 or
Elizabeth McDonnell in Senator Smith's office at (202) 224-8310.

     7:01/07. MANY EU NATIONS RESISTING PLAN AIMED AT
SAVING COD AND IMPORTANT ATLANTIC FISH STOCKS;
CALLS FOR CONTROL OVER E.U. DISTANT WATER FLEETS: On
18 December, at a meeting in Brussels, several members of the European
Union (E.U.) said they would resist a "compromise plan" to scale back
fishing for cod and other fish in the North Atlantic aimed at protecting
the stocks, reports the Associated Press (see Sublegals, 6:25/03).  British
Prime Minister Tony Blair said the U.K. would not accept a cut of 80
percent in cod catches.  France, meanwhile, along with Spain, Portugal,
Italy, Greece and Ireland, has formed a "Friends of Fishing" group to
oppose the planned cutbacks. E.U. Fisheries Commissioner Franz
Fischler, however, warns "drastic measures are needed to avoid the kind
of overfishing that destroyed the once-fertile fishing grounds off
Canada."  In addition to the 80 percent cut in cod fishing, the current
plan would allow subsidies for fleet renewal for another two years but on
the condition that almost twice as much capacity is taken out at the same
time. The plans also call for much more stringent controls on fraud and
the misreporting of catches, said the AP report.  The issue will likely be
taken up again in March when the 15 heads of government meet in
Brussels.

     While EU ministers were meeting in Brussels, the Coalition for Fair
Fisheries Arrangements (CCFA), the International Collective in Support
of Fishworkers (ICSF) and Greenpeace warned that "a central element is
missing from the E.U.'s fisheries policy" -- what to do with its distant
water fleets that are impacting fish stocks and local fisheries elsewhere,
principally off Asia and Africa.  The groups worry that, in return for
E.U. member concessions to cut back fishing in the North Atlantic, the
E.U. will turn a blind eye to the activities of its member state's distant
water fisheries -- mainly factory trawlers and longliners. According to
the three organizations, the "growing crisis in European waters makes it
[the E.U.] increasingly dependent on fishery resources elsewhere. This
has grave implications for the sustainability of these resources and,
particularly in the case of West Africa, some of the most fishery
dependent communities in the world. ICSF, Greenpeace and CFFA
therefore call for the immediate publication of the Commission's strategy
for European long distance fishing."  For more information, contact
Beatrice Gorez, the Coalition for Fair Fisheries Arrangements, at:
gilletp@skypro.be.
 
     7:01/08. NEFMC RELEASES FISHERY REBUILDING REPORT:
The New England Fishery Management Council (NEFMC) has
announced the availability of the Council's new report, entitled "Heading
Toward Recovery -- Rebuilding New England's Fisheries." The
publication is available on the Council's website at: www.nefmc.org. 

     7:01/09. NMFS ISSUES "FINAL RULE" FOR PROTECTING
STELLER SEA LIONS IN GROUNDFISH FISHERY OFF ALASKA: 
On 2 January, the National Marine Fisheries Service (NMFS) published
in the Federal Register (Vol. 68, No.1, pp. 203-236) its Final Rule "to
implement Steller sea lion protection measures to avoid the likelihood
that the groundfish fisheries off Alaska will jeopardize the continued
existence of the western distinct population segment (DPS) of Steller sea
lions or adversely modify its critical habitat" (see Sublegals, 6:26/08).
According to NMFS, the "management measures will disperse fishing
effort over time and area to provide protection from potential
competition for important Steller sea lion prey species in waters adjacent
to rookeries and important haulouts.  The intended effect of this final
rule is to protect the endangered western DPS of Steller sea lions, as
required under the Endangered Species Act (ESA) and to conserve and
manage the groundfish resources in the Bering Sea/Aleutian Islands
management area (BSAI) and the Gulf of Alaska (GOA) in accordance
with the Magnuson-Stevens Fishery Conservation & Management Act
(Magnuson-Stevens Act)." The new rule took effect 1 January. For more
information, go to: http://www.fakr.noaa.gov, or contact Melanie Brown,
Sustainable Fisheries Division, NMFS Alaska Region, at:
melanie.brown@noaa.gov.

     7:01/10: PCFFA, IFR BOARD TO MEET 16-17 JANUARY IN
FORT BRAGG: The Boards of Directors of the Pacific Coast Federation
of Fishermen's Associations and the Institute for Fisheries Resources
will meet 16-17 January in Fort Bragg, California. For information, call
(415) 561-5080.

       7:01/11. NAVY AGREES TO STUDY OF PUGET SOUND
BLASTING ON FISH: On 23 December the U.S. Navy agreed to
conduct an environmental review of its demolition training that takes
place in Puget Sound.  In one recent exercise, observers estimated that
approximately 5,000 fish died from a 5-pound explosive charge set off
near Whidbey Island Naval Air Station. According to the Public
Employees for Environmental Responsibility (PEER), which had lodged
a complaint with the defense agency for failure to comply with the
National Environmental Policy Act (NEPA), "the Navy conducts similar
demolition exercises in several locations around Puget Sound, the
nation's second largest estuary and a vital habitat for an array of
protected marine mammals and fish including Endangered Species Act
(ESA) listed Puget Sound chinook salmon and Hood Canal summer run
chum and their prey, which rely on habitats within the training areas.
The marine waters of Puget Sound are designated as Essential Fish
Habitat under the 1996 Sustainable Fisheries Act."  

     Until reporting on documents released by Washington PEER in late
September, the existence of the Navy's demolition program in the Puget
Sound was not publicly known.   The Navy conducts approximately 60
demolition exercises each year, at least three every month, using live
explosives.  The Navy uses C4 plastic explosives, far more powerful
than dynamite, in packets ranging in size from one ounce to 20 pounds,
set off with 20 pound blasting charges.  In late 2002, the Navy was
halted in a lawsuit filed by the Natural Resources Defense Council
(NRDC) from conducting acoustic sonar testing that was killing marine
mammals. As a federal agency, the Navy must comply with NEPA,
among other laws, which requires an assessment of the environmental
impact of significant agency actions.  In October, PEER officially
requested that the Navy provide copies of its NEPA compliance
documentation. On 18 December, the Navy replied that it had none but
would begin to do so.  In the meantime, the Navy apparently intends to
continue its demolition exercises unabated except perhaps to monitor the
fish kills that occur. To see the PEER letter to the White House Council
on Environmental Quality (CEQ) go to: www.peer.org/press/303.html.
For more information, see the 25 December article in the Seattle
Post-Intelligencer at:
http://seattlepi.nwsource.com/local/101433_navy25.shtml.

     7:01/12.  FOURTH WORLD FISHERIES CONGRESS TO BE
HELD 2-6 MAY 2004 IN B.C.: The American Fisheries Society (AFS)
is organizing the "Fourth World Fisheries Congress" scheduled for
Vancouver, British Columbia, Canada on 2-6 May 2004. The conference
theme is "Reconciling Fisheries with Conservation: The Challenge of
Managing Aquatic Ecosystems," and will be addressed by an
international array of fisheries scientists. The conference website,
www.worldfisheries2004.org, provides necessary information, including
an Expression of Interest Form to allow AFS organizers to keep
interested parties updated. The website will also be updated with
information on the Congress program, sponsorship, and exhibiting at the
Congress. Registration, reservations and information for submitting
abstracts will be on the website beginning in April.

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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IN THE NEXT SUBLEGALS: Breaking News on the Klamath, Water
and Salmon Issues, Transgenics and a New Contest!
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&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ~~&gt;SUBLEGALS&nbsp; 3Jan03&lt;~~<BR>
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&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND<BR>
&nbsp;&nbsp;&nbsp;&nbsp; LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES <BR>
&nbsp;&nbsp;&nbsp;&nbsp; AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S<BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ASSOCIATIONS<BR>
<BR>
&nbsp; VOL. 07, NO. 01&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 3 JANUARY 2003<BR>
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"In the past two years the White House has been awfully nice to certain<BR>
people, particularly those in the top two tax brackets. The<BR>
Administration's idea of economic policy is to go from table to table at<BR>
the Four Seasons discreetly asking patrons if they need help with the<BR>
check."&nbsp;&nbsp; .........Malcolm Gladwell<BR>
##########################################################<BR>
IN THIS ISSUE.......<BR>
<BR>
Bush Administration Names Candidates For National Marine <BR>
Protected Areas Panel. 7:01/01<BR>
<BR>
California Appellate Court Rules State's Coastal Commission<BR>
Unconstitutional.&nbsp; 7:01/03<BR>
<BR>
Northern Dungeness Crab Fishery Remains Tied-Up in <BR>
Price Dispute. 7:01/04<BR>
<BR>
Wyden and Smith Call For GAO Investigation of Data <BR>
Used For Managing Groundfish Fishery. 7:01/06<BR>
<BR>
PCFFA, IFR Boards to Meet Thursday and Friday, <BR>
16-17 January in Fort Bragg. 7:01/10<BR>
<BR>
AND MORE......<BR>
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&nbsp;&nbsp;&nbsp;&nbsp; 7:01/01. BUSH ADMINISTRATION ANNOUNCES<BR>
APPOINTMENTS TO NATIONAL MPA PANEL: The Administration<BR>
of U.S. President George W. Bush released on 3 January the list of its<BR>
final candidates for the "National Marine Protected Area Federal<BR>
Advisory Committee."&nbsp; The announcement was made by the National<BR>
Oceanic &amp; Atmospheric Administration (NOAA) and the Department of<BR>
Interior. "Required as part of Presidential Executive Order 13158 dealing<BR>
with Marine Protected Areas (MPAs), the 30-person committee<BR>
represents a broad stakeholder community, including scientists,<BR>
academia, commercial and recreational fishermen, resource users and<BR>
managers, and environmentalists," said NOAA. "The advisory<BR>
committee's duties include providing advice and recommendations to the<BR>
Secretaries of Commerce and the Interior on implementation of aspects<BR>
of the MPA Executive Order.&nbsp; The committee will be supported by the<BR>
National Marine Protected Areas Center, established by NOAA in<BR>
cooperation with the Department of the Interior, as required by<BR>
Executive Order.&nbsp; The MPA Center is charged with developing a<BR>
framework for a national system of MPAs and providing federal, state,<BR>
territorial, tribal, and local governments with the information,<BR>
technologies, training, and strategies to support a national MPA system<BR>
for our oceans, coasts, and Great Lakes."&nbsp; Final candidates for the MPA<BR>
Federal Advisory Committee are:<BR>
<BR>
* Dr. Tundi Agardy, Sound Seas; Bethesda, Maryland<BR>
* Mr. Robert Bendick, Jr., The Nature Conservancy; Altamonte Springs, <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Florida<BR>
* Mr. David Benton, North Pacific Fishery Management Council; <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Anchorage, Alaska<BR>
* Dr. Daniel Bromley, University of Wisconsin; Madison, Wisconsin<BR>
* Dr. Anthony Chatwin, Conservation Law Foundation; Boston, <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Massachusetts<BR>
* Dr. Michael Cruickshank, Marine Minerals, Technology Center <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Associates; Honolulu, Hawaii<BR>
* Mr. Ernesto Diaz, Puerto Rico Coastal Zone Management Program; <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; San Juan, Puerto Rico<BR>
* Ms. Carol Dinkins, Vinson &amp; Elkins Attorneys At Law; Houston,&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <BR>
Texas<BR>
* Dr. Rodney Fujita, Environmental Defense; Oakland, California<BR>
* Dr. Dolores Garza, University of Alaska; Ketchikan, Alaska<BR>
* Mr. Eric Gilman, National Audubon Society; Honolulu, Hawaii<BR>
* Dr. Mark Hixon, Oregon State University; Corvallis, Oregon<BR>
* Mr. George Lapointe, Maine Department of Marine Resources; <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Augusta, Maine&nbsp;&nbsp;&nbsp; <BR>
* Dr. Bonnie McCay, Rutgers University; New Brunswick, New Jersey<BR>
* Mr. Melvin E. Moon, Jr., Quileute Natural Resources Department; <BR>
&nbsp;&nbsp;&nbsp;&nbsp; LaPush, Washington<BR>
* Mr. Robert Moran, American Petroleum Institute, Washington, D.C.<BR>
* Dr. Steven Murray, California State University; Fullerton, California<BR>
* Mr. Michael Nussman, American Sportfishing Association;<BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Alexandria, Virginia<BR>
* Dr. John Ogden, Florida Institute of Oceanography; St. Petersburg,<BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Florida<BR>
* Mr. Terry O'Halloran, HulaRez Inc.; Kalaheo, Hawaii<BR>
* Mr. Lelei Peau, Department of Commerce of American Samoa, Pago <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Pago; American Samoa<BR>
* Dr. Walter Pereyra, Arctic Storm Management Group, Inc.; Seattle, <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Washington<BR>
* Mr. Max Peterson, International Association of Fish &amp; Wildlife <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Agencies; Washington, D.C.<BR>
* Mr. Gilbert Radonski, Sport Fishing Institute; Cape Carteret, North <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Carolina<BR>
* Mr. James Ray, Environmental Ecology &amp; Response Shell Global <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Solutions Inc.; Houston, Texas<BR>
* Ms. Barbara Stevenson, Portland Fish Exchange; Portland, Maine<BR>
* Dr. Daniel Suman, University of Miami; Miami, Florida<BR>
* Capt. Thomas E. Thompson, International Council of Cruise Lines; <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Arlington, Virginia<BR>
* Ms. H. Kay Williams, Gulf of Mexico Fishery Management Council; <BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Vancleave, Mississippi<BR>
* Mr. Robert Zales, II, Bob Zales Charters; Panama City, Florida<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; On the list are apparently only two commercial fishing<BR>
representatives -- Wally Pereyra and Barbara Stevenson -- neither of<BR>
whom now actively fish.&nbsp; The only recreational fishing representatives<BR>
appear to be Mike Nussman, Gil Radonski and Bob Zales. According to<BR>
NOAA, "Committee members were nominated by organizations and<BR>
individuals. Potential members are offered membership into the<BR>
committee and then must undergo a background check.&nbsp; These<BR>
candidates were selected by a panel of experts from both agencies<BR>
seeking to ensure that the committee's membership represented the broad<BR>
spectrum of interested parties throughout the nation."<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; PCFFA Executive Director Zeke Grader said he was disappointed<BR>
with the selection, but not surprised. "There are a few good individuals<BR>
on the panel, but the overall group is abysmal; the candidates appear to<BR>
have been chosen more for their connections inside the Beltway and not<BR>
for any actual knowledge of the oceans or first-hand experience with<BR>
MPAs," said Grader.&nbsp; "It would have been nice just to have a couple of<BR>
working fishermen on the group, such as a Tony Iarocci or Chris Miller,<BR>
who make their livings on the ocean, who have participated in MPA<BR>
selection processes, and who will think and question."<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; "Marine protected areas are important resource management tools,"<BR>
U.S. Commerce Secretary Don Evans was quoted saying in the NOAA<BR>
announcement.&nbsp; "We look forward to strong leadership from these<BR>
individuals in helping us determine how best to continue our efforts,<BR>
balancing conservation needs with commercial and recreational interests<BR>
as we move forward to protect the marine environment for present and<BR>
future generations." NOAA (which includes the National Marine<BR>
Fisheries Service) is under the Department of Commerce.&nbsp; Department<BR>
of Interior interests in the marine area include its Minerals Management<BR>
Service (promoting offshore oil and gas development), the U.S. Fish &amp;<BR>
Wildlife Service (migratory sea birds and sea otters), and the Bureau of<BR>
Indian Affairs (Tribal fishing rights). For more information on the<BR>
selections, contact Andrew Larkin, NOAA Office of Legislative Affairs<BR>
at: andrew.w.larkin@noaa.gov. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 7:01/02. PRESTIGE OIL SLICK NOW HITTING FRENCH<BR>
BEACHES: On 24 December France received an early Christmas<BR>
present from the M/V Prestige in the form of heavy crude oil and dead<BR>
seabirds that began washing up on its southwestern shores (see<BR>
Sublegals, 6:23/03; 6:21/01).&nbsp;&nbsp; Nine days later, with slicks totaling an<BR>
area the size of New York City off their coast, French officials are taking<BR>
action.&nbsp; A clean-up force composed of firefighters, police and military<BR>
personnel has been assembled in the Landes region between Biarritz and<BR>
Bordeaux, and government prosecutors are preparing to take the matter<BR>
to court.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; A spokesman for French President Jacques Chirac stated, "The<BR>
pollution now affecting the French coastline obliges us to proceed with a<BR>
formal investigation to seek out and punish those responsible for this<BR>
ecological catastrophe."&nbsp; The M/V Prestige, which sank off the coast of<BR>
Spain on 19 November, has leaked an estimated one-quarter of its 22<BR>
million gallon cargo to date, causing $250 million in damage to Spanish<BR>
fishing communities. The ban on fishing off Galacia, along Spain's Costa<BR>
da Morte, which was closed shortly after the first spills, will likely<BR>
continue for another five months at least, reports Deutsche<BR>
Presse-Agentur.&nbsp; Spain is to receive 140 million euros from the<BR>
European Union (EU) to help residents of Galacia, while the<BR>
Government of Spain said it will provide another 90 million euros for<BR>
relief.&nbsp; Experts are predicting that the long-term damage from the<BR>
Prestige spill could amount to 10 billion euros. For more, see the BBC<BR>
report at http://news.bbc.co.uk/1/hi/world/europe/2622855.stm or the<BR>
ABC story at http://abcnews.go.com/wire/World/ap20030103_843.html. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 7:01/03. APPEALS COURT HOLDS CALIFORNIA COASTAL<BR>
COMMISSION TO BE UNCONSTITUTIONAL:&nbsp; On 30 December a<BR>
California State Appellate Court upheld an April 2001 lower court<BR>
decision, ruling the composition of the California Coastal Commission<BR>
unconstitutional.&nbsp; Created by a voter initiative (Proposition 20) in 1972,<BR>
followed by the Legislature's passage of the California Coastal Act of<BR>
1976, the Commission has authority for enforcing the Coastal Act,<BR>
making consistency determinations of federal actions along the coast and<BR>
offshore with the state act (e.g., oil development on the federal outer<BR>
continental shelf, U.S. Army Corps of Engineers' dredge spoil dumping),<BR>
approving and enforcing local coastal plans (LCPs), and approving<BR>
permits for buildings, seawalls and other structures in the coastal zone. <BR>
The Third District Court of Appeal agreed with Superior Court Judge<BR>
Charles Kobayashi that the Commission violated the Constitution's<BR>
separation of powers since the majority of its members are chosen by the<BR>
Legislature (four each by the Speaker of the Assembly and the Senate<BR>
Rules Committee).&nbsp; Moreover, all of the Commission members serve at<BR>
the will of those appointing them and can be removed, therefore, at any<BR>
time by whomever they were appointed by.&nbsp; Unless there is an appeal of<BR>
the decision to the California Supreme Court, Kobayashi's original<BR>
decision will take effect in 30 days. A group calling itself the Marine<BR>
Forests Society, with help from the Building Industry Association,<BR>
brought the original suit.&nbsp; The Marine Forests Society had sought to<BR>
dump old tires offshore under the guise of creating artificial fish reefs<BR>
before the Commission stopped them in 1999. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; PCFFA was one of just a few economic interest groups that supported<BR>
passage of the Coastal Act in 1976.&nbsp; PCFFA was successful in getting<BR>
language into the legislation declaring commercial and recreational<BR>
fishing to be a coastal-dependent use and requiring the protection, or<BR>
"upgrading where feasible," of commercial fishing facilities, then<BR>
threatened with recreational marina and other coastal development. Over<BR>
the years the Coastal Commission actions have generally been good for<BR>
the fisheries, from enforcement of fishing industry infrastructure<BR>
protection to the Commission's opposition to offshore oil drilling and<BR>
dumping of dredge spoils in fishing grounds.&nbsp; Only in recent years has<BR>
the Commission turned against fishermen when it permitted aquaculture<BR>
leases in the middle of a critical anchorage at Half Moon Bay.&nbsp; Whether<BR>
or not there is an appeal, the State Legislature is expected to make some<BR>
changes.&nbsp; Meanwhile some clarification will be needed from the Court as<BR>
to what changes will be needed to pass Constitutional muster and, more<BR>
importantly, whether the Commission's past thirty years of decisions are<BR>
valid.&nbsp; For more on the issue, see the 31 December article in the San<BR>
Francisco Chronicle at:<BR>
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/12/31<BR>
/national0954EST0498.DTL.&nbsp;&nbsp; <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 7:01/04.&nbsp; NORTHERN DUNGENESS CRAB FISHERY REMAINS<BR>
AT AN IMPASSE WITH LARGE LANDINGS AND LAGGING<BR>
PRICES:&nbsp; An ex-vessel price agreement was finally reached for the<BR>
"northern" Dungeness crab along the Pacific Coast (Mendocino County,<BR>
California to the Canadian border) on 20 December, but after only about<BR>
four days of fishing, crabbers were tied-up again as processors closed<BR>
their doors claiming they could not handle the volume of crab at the<BR>
price that was agreed to.&nbsp; The "northern" season was set to begin 1<BR>
December for California and Oregon and 10 December (non-tribal<BR>
fishery) for Washington, but boats remained at the dock for nearly a<BR>
month; the marketing associations were asking $1.85 (US) per pound<BR>
while processors were willing to pay only $1.40.&nbsp; Crabbers finally agreed<BR>
to the dealers' offer, $.25 less than last year's opening price.<BR>
<BR>
&nbsp;&nbsp;&nbsp; In all, about four days of fishing occurred before some of the larger<BR>
processors, that had offered and agreed to the $1.40 per pound, closed<BR>
their doors saying they would not buy unless fishermen lowered the price<BR>
to $1.25 per pound.&nbsp; What Dungeness is now on the market is coming<BR>
from the "south" (Sonoma County, California south to Monterey Bay)<BR>
where prices have gone back to over $2.00 per pound (see Sublegals,<BR>
6:21/11; 6:20/02; 6:19/01) and from the Tribal fisheries in Washington<BR>
State. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 7:01/05. NMFS PROPOSES ALASKA CRAB FISHERY<BR>
BUYBACK: The National Marine Fisheries Service (NMFS) is seeking<BR>
public comment on a proposal for a $100 million buyback program for<BR>
crab fishermen participating in the Bering Sea/Aleutian Islands King and<BR>
Tanner Crab Fishery. The buyback would be financed by a loan to be<BR>
repaid over 30 years by catch landing fees of crab fishermen who remain<BR>
in the fishery. The proposal would pay fishermen for withdrawing their<BR>
vessels from fishing and surrendering their fishing licenses and fishing<BR>
histories. The withdrawn fishing vessels may never fish again anywhere<BR>
in the world, either recreationally or commercially. Under the proposal,<BR>
NMFS would finance the buyback's cost with a loan of up to $100<BR>
million, and crabbers who continue to participate in the fisheries would<BR>
repay the $100 million from post-buyback crab landing fees over a<BR>
30-year period. Between 1990 and 1999, the fishery's long-term average<BR>
landings were worth about $240 million annually but it is now<BR>
considered overfished and overcapitalized. The proposed rule is open for<BR>
comment until 27 January. To view the proposed rule, go to:<BR>
http://www.fakr.noaa.gov/newsreleases/default.htm.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 7:01/06. WYDEN AND SMITH CALL FOR GAO<BR>
INVESTIGATION OF PACIFIC GROUNDFISH FISHERY DATA: At<BR>
the end of 2002, the offices of U.S. Senators Ron Wyden (D-OR) and<BR>
Gordon Smith (R-OR) released copies of a 4 December letter the two<BR>
legislators had sent the Congressional General Accounting Office (GAO)<BR>
calling for "an investigation into the reliability of the data being used by<BR>
the National Marine Fisheries Service (NMFS) to conduct stock<BR>
assessments on the multi-species Pacific groundfish complex."&nbsp; The<BR>
letter was sent in response to the severe cutbacks that have been imposed<BR>
by the Pacific Fishery Management Council (PFMC) and NMFS for the<BR>
2002 and 2003 seasons in light of recent data indicating depressed<BR>
bocaccio, canary, yelloweye and darkblotched rockfish (see Sublegals,<BR>
6:11/01; 6:07/18; 6:04/01; 5:25/01; 5:23/01). The two Oregon Senators<BR>
asked that the GAO "examine the following issues in relation to data<BR>
collection and analysis for the Pacific fisheries:<BR>
<BR>
* Does the survey methodology used (e.g., a swept-area trawl survey)<BR>
provide an accurate and reliable measure of the abundance of the four<BR>
Sebastes species referenced above? Are the survey methodologies used<BR>
to collect data for other commercially and recreationally important<BR>
species adequate to accurately and reliably measure the abundance of<BR>
these species?<BR>
* Is the periodicity of surveys (e.g., one survey of the continental shelf<BR>
every three years) sufficient to track abundance shifts? Why are surveys<BR>
conducted every year in other fisheries in the United States? What<BR>
periodicity of surveys is most accurate to track abundance shifts?<BR>
* Is the intra-annual timing of surveys (especially larvae surveys)<BR>
appropriate for the life history of the referenced Sebastes species?<BR>
* Do the current methodologies for data collection, data recording and<BR>
analysis provide the necessary reliability and degrees of confidence to<BR>
allow the Council to make reasonable and equitable management<BR>
decisions? What adjustments to the methodologies would improve this<BR>
process?<BR>
* Does the acoustic survey for Pacific Whiting provide a reliable<BR>
estimate of the range and volume of exploitable whiting biomass?&nbsp; Are<BR>
the annual timing, geographic extent, and periodicity sufficient to<BR>
measure this stock?<BR>
* If adjustments to the surveys are necessary, what funding level is<BR>
necessary to do the surveys correctly? How does the necessary funding<BR>
level compare to budget requests and expenditures for surveys in fiscal<BR>
years 2000, 2001, and 2002 as well as funding levels budgeted by the<BR>
Administration for fiscal years 2003 and 2004? <BR>
* What steps has NMFS taken toward fulfilling the West Coast specific<BR>
improvements outlined in its recent report, Marine Fisheries Stock<BR>
Assessment Improvements, dated October 2001? What remains to be<BR>
done? "<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; For more information on the letter and any GAO response, contact<BR>
either Sarah Bittleman in Senator Wyden's office at (202) 224-3163 or<BR>
Elizabeth McDonnell in Senator Smith's office at (202) 224-8310.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 7:01/07. MANY EU NATIONS RESISTING PLAN AIMED AT<BR>
SAVING COD AND IMPORTANT ATLANTIC FISH STOCKS;<BR>
CALLS FOR CONTROL OVER E.U. DISTANT WATER FLEETS: On<BR>
18 December, at a meeting in Brussels, several members of the European<BR>
Union (E.U.) said they would resist a "compromise plan" to scale back<BR>
fishing for cod and other fish in the North Atlantic aimed at protecting<BR>
the stocks, reports the Associated Press (see Sublegals, 6:25/03).&nbsp; British<BR>
Prime Minister Tony Blair said the U.K. would not accept a cut of 80<BR>
percent in cod catches.&nbsp; France, meanwhile, along with Spain, Portugal,<BR>
Italy, Greece and Ireland, has formed a "Friends of Fishing" group to<BR>
oppose the planned cutbacks. E.U. Fisheries Commissioner Franz<BR>
Fischler, however, warns "drastic measures are needed to avoid the kind<BR>
of overfishing that destroyed the once-fertile fishing grounds off<BR>
Canada."&nbsp; In addition to the 80 percent cut in cod fishing, the current<BR>
plan would allow subsidies for fleet renewal for another two years but on<BR>
the condition that almost twice as much capacity is taken out at the same<BR>
time. The plans also call for much more stringent controls on fraud and<BR>
the misreporting of catches, said the AP report.&nbsp; The issue will likely be<BR>
taken up again in March when the 15 heads of government meet in<BR>
Brussels.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; While EU ministers were meeting in Brussels, the Coalition for Fair<BR>
Fisheries Arrangements (CCFA), the International Collective in Support<BR>
of Fishworkers (ICSF) and Greenpeace warned that "a central element is<BR>
missing from the E.U.'s fisheries policy" -- what to do with its distant<BR>
water fleets that are impacting fish stocks and local fisheries elsewhere,<BR>
principally off Asia and Africa.&nbsp; The groups worry that, in return for<BR>
E.U. member concessions to cut back fishing in the North Atlantic, the<BR>
E.U. will turn a blind eye to the activities of its member state's distant<BR>
water fisheries -- mainly factory trawlers and longliners. According to<BR>
the three organizations, the "growing crisis in European waters makes it<BR>
[the E.U.] increasingly dependent on fishery resources elsewhere. This<BR>
has grave implications for the sustainability of these resources and,<BR>
particularly in the case of West Africa, some of the most fishery<BR>
dependent communities in the world. ICSF, Greenpeace and CFFA<BR>
therefore call for the immediate publication of the Commission's strategy<BR>
for European long distance fishing."&nbsp; For more information, contact<BR>
Beatrice Gorez, the Coalition for Fair Fisheries Arrangements, at:<BR>
gilletp@skypro.be.<BR>
 <BR>
&nbsp;&nbsp;&nbsp;&nbsp; 7:01/08. NEFMC RELEASES FISHERY REBUILDING REPORT:<BR>
The New England Fishery Management Council (NEFMC) has<BR>
announced the availability of the Council's new report, entitled "Heading<BR>
Toward Recovery -- Rebuilding New England's Fisheries." The<BR>
publication is available on the Council's website at: www.nefmc.org. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 7:01/09. NMFS ISSUES "FINAL RULE" FOR PROTECTING<BR>
STELLER SEA LIONS IN GROUNDFISH FISHERY OFF ALASKA: <BR>
On 2 January, the National Marine Fisheries Service (NMFS) published<BR>
in the Federal Register (Vol. 68, No.1, pp. 203-236) its Final Rule "to<BR>
implement Steller sea lion protection measures to avoid the likelihood<BR>
that the groundfish fisheries off Alaska will jeopardize the continued<BR>
existence of the western distinct population segment (DPS) of Steller sea<BR>
lions or adversely modify its critical habitat" (see Sublegals, 6:26/08).<BR>
According to NMFS, the "management measures will disperse fishing<BR>
effort over time and area to provide protection from potential<BR>
competition for important Steller sea lion prey species in waters adjacent<BR>
to rookeries and important haulouts.&nbsp; The intended effect of this final<BR>
rule is to protect the endangered western DPS of Steller sea lions, as<BR>
required under the Endangered Species Act (ESA) and to conserve and<BR>
manage the groundfish resources in the Bering Sea/Aleutian Islands<BR>
management area (BSAI) and the Gulf of Alaska (GOA) in accordance<BR>
with the Magnuson-Stevens Fishery Conservation &amp; Management Act<BR>
(Magnuson-Stevens Act)." The new rule took effect 1 January. For more<BR>
information, go to: http://www.fakr.noaa.gov, or contact Melanie Brown,<BR>
Sustainable Fisheries Division, NMFS Alaska Region, at:<BR>
melanie.brown@noaa.gov.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 7:01/10: PCFFA, IFR BOARD TO MEET 16-17 JANUARY IN<BR>
FORT BRAGG: The Boards of Directors of the Pacific Coast Federation<BR>
of Fishermen's Associations and the Institute for Fisheries Resources<BR>
will meet 16-17 January in Fort Bragg, California. For information, call<BR>
(415) 561-5080.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; 7:01/11. NAVY AGREES TO STUDY OF PUGET SOUND<BR>
BLASTING ON FISH: On 23 December the U.S. Navy agreed to<BR>
conduct an environmental review of its demolition training that takes<BR>
place in Puget Sound.&nbsp; In one recent exercise, observers estimated that<BR>
approximately 5,000 fish died from a 5-pound explosive charge set off<BR>
near Whidbey Island Naval Air Station. According to the Public<BR>
Employees for Environmental Responsibility (PEER), which had lodged<BR>
a complaint with the defense agency for failure to comply with the<BR>
National Environmental Policy Act (NEPA), "the Navy conducts similar<BR>
demolition exercises in several locations around Puget Sound, the<BR>
nation's second largest estuary and a vital habitat for an array of<BR>
protected marine mammals and fish including Endangered Species Act<BR>
(ESA) listed Puget Sound chinook salmon and Hood Canal summer run<BR>
chum and their prey, which rely on habitats within the training areas.<BR>
The marine waters of Puget Sound are designated as Essential Fish<BR>
Habitat under the 1996 Sustainable Fisheries Act."&nbsp; <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; Until reporting on documents released by Washington PEER in late<BR>
September, the existence of the Navy's demolition program in the Puget<BR>
Sound was not publicly known.&nbsp;&nbsp; The Navy conducts approximately 60<BR>
demolition exercises each year, at least three every month, using live<BR>
explosives.&nbsp; The Navy uses C4 plastic explosives, far more powerful<BR>
than dynamite, in packets ranging in size from one ounce to 20 pounds,<BR>
set off with 20 pound blasting charges.&nbsp; In late 2002, the Navy was<BR>
halted in a lawsuit filed by the Natural Resources Defense Council<BR>
(NRDC) from conducting acoustic sonar testing that was killing marine<BR>
mammals. As a federal agency, the Navy must comply with NEPA,<BR>
among other laws, which requires an assessment of the environmental<BR>
impact of significant agency actions.&nbsp; In October, PEER officially<BR>
requested that the Navy provide copies of its NEPA compliance<BR>
documentation. On 18 December, the Navy replied that it had none but<BR>
would begin to do so.&nbsp; In the meantime, the Navy apparently intends to<BR>
continue its demolition exercises unabated except perhaps to monitor the<BR>
fish kills that occur. To see the PEER letter to the White House Council<BR>
on Environmental Quality (CEQ) go to: www.peer.org/press/303.html.<BR>
For more information, see the 25 December article in the Seattle<BR>
Post-Intelligencer at:<BR>
http://seattlepi.nwsource.com/local/101433_navy25.shtml.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 7:01/12.&nbsp; FOURTH WORLD FISHERIES CONGRESS TO BE<BR>
HELD 2-6 MAY 2004 IN B.C.: The American Fisheries Society (AFS)<BR>
is organizing the "Fourth World Fisheries Congress" scheduled for<BR>
Vancouver, British Columbia, Canada on 2-6 May 2004. The conference<BR>
theme is "Reconciling Fisheries with Conservation: The Challenge of<BR>
Managing Aquatic Ecosystems," and will be addressed by an<BR>
international array of fisheries scientists. The conference website,<BR>
www.worldfisheries2004.org, provides necessary information, including<BR>
an Expression of Interest Form to allow AFS organizers to keep<BR>
interested parties updated. The website will also be updated with<BR>
information on the Congress program, sponsorship, and exhibiting at the<BR>
Congress. Registration, reservations and information for submitting<BR>
abstracts will be on the website beginning in April.<BR>
<BR>
NEWS, COMMENTS, CORRECTIONS: Submit your news items,<BR>
comments or any corrections to Editor at: sublegals@ifrfish.org, or call<BR>
the IFR/PCFFA office with the news and a source at either: (415)<BR>
561-FISH (Southwest Office) or (541) 689-2000 (Northwest Office).<BR>
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MADE YOUR PLEDGE? GOT YOUR SARCASTIC <BR>
FRINGEHEAD SHIRT? GO TO: www.ifrfish.org <BR>
<BR>
IN THE NEXT SUBLEGALS: Breaking News on the Klamath, Water<BR>
and Salmon Issues, Transgenics and a New Contest!<BR>
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