[Fishlink] ~~>FISHLINK SUBLEGALS 14Feb03<~~

bit-bucket@straylight.primelogic.com bit-bucket@straylight.primelogic.com
Sun, 23 Feb 2003 21:34:27 EST


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                     ~~>FISHLINK SUBLEGALS  14Feb03<~~
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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. 07                                          14 FEBRUARY 2003
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"Marine reserves are to ocean conservation what duct tape it to
homeland security.  The issues surrounding the protection of the
environment and our safety are complex and defy glib, easy solutions.
No network of reserves, nor stash of duct tape is likely to make our
oceans or us any safer.".............................P.R. Templeton
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IN THIS ISSUE.......

Magnuson Act National Standard 1 And Definition Of 
"Overfishing" Up For Review.  7:07/03

It's Not Just Mercury, It's PCBs, Dioxin, Food Coloring And 
Other Farm Fish Pollutants That Need Labeling.   7:07/05

Study Finds That Even A Little Fish Has Health Benefits.  7:07/07

California Fish & Game Commission Approves 
Commercialization Of Frankenfish.  7:07/08

Proposed Revisions To Seabird Avoidance Requirements 
For Alaska Longliners.  7:07/12

AND MORE......
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     7:07/01. PARRAVANO RE-ELECTED PCFFA PRESIDENT,
MIYAMURA NAMED SECRETARY: Half Moon Bay, California
commercial fisherman Pietro Parravano was reelected President of the
Pacific Coast Federation of Fishermen's Associations (PCFFA) on 14
February, at the organization's Board meeting in Moss Landing,
California. Parravano, owner and captain of the troller/crabber F/V Anne
B, was first elected President in 1993, after Nat Bingham decided to step
down, and has served as head of the U.S. West Coast's largest
commercial fishing organization since that time.  Parravano is the past
President of the Half Moon Bay Commercial Fishermen's Marketing
Association, and currently serves as an elected commissioner on the San
Mateo County Harbor District. He is a former "Highliner of the Year"
recipient (1997) -- the U.S. fishing industry's highest award -- and is now
finishing up a two and one-half year stint as a member of the Pew
Oceans Commission, where he was one of two commercial fishing
representatives on that 21 member national panel. He is one of three
U.S. delegates to the World Forum of Fish Harvesters & Fishworkers
(WFF) and also chairs the IFR Board of Trustees.

     Parravano is the longest serving PCFFA President, surpassing the
nine years Nat Bingham spent leading the organization.  Bingham
subsequently left fishing to work full time for PCFFA and IFR focusing
on the protection, restoration and reclamation (e.g., through dam
removal) of fish habitat. In addition to his PCFFA/IFR habitat work,
Bingham was serving as a member of the Pacific Fishery Management
Council (PFMC) at the time of his death in May 1998.  Bingham, also a
Highliner recipient (1989), was posthumously given the U.S.
Department of Commerce's "Environmental Hero Award" in June 1998.

     Re-elected with Parravano were David Bitts as Vice-president and
Robert Miller as Treasurer.  Bitts, a member of the Klamath Fishery
Management Council and veteran officer in the Humboldt Fishermen's
Marketing Association, is the owner/captain of the F/V Elmarue fishing
salmon, Dungeness crab and albacore out of Eureka, California.  Miller,
who fishes out of San Francisco on his vessel the F/V Orca, is the former
president of the Crab Boat Owners Association and an elected school
board member in San Mateo County.  Joining the PCFFA Executive
Committee, as Secretary, is Sacramento-based fisherman Larry
Miyamura, the owner and skipper of the F/V Shogun, who has been a
long-time PCFFA board member.  He takes over from Moss Landing's
Tom Hart who stepped down last year. For more information, go to
PCFFA's website at: www.pcffa.org. 

     7:07/02. BUSH REQUESTS $15.9 MILLION ADDITIONAL
FUNDING FOR U.S. FISHERIES PROGRAMS IN 2004: In his 2004
budget proposal announced early February, U.S. President George W.
Bush requested a funding increase for the National Oceanic &
Atmospheric Administration's (NOAA) fisheries programmatic
initiatives by $15.9 million. NOAA is the parent agency of the National
Marine Fisheries Service (NMFS) within the U.S. Department of
Commerce. Its fisheries '04 budget request totals $737.9 million,
including $620.9 million for research, management and enforcement
programs and $117 million in other accounts including $90 million for
the Pacific Coastal Salmon Recovery Fund. An additional $3.0 million
was earmarked for better fisheries data collection, and first time funding
was also requested for research on the impact of global climate change
on fisheries productivity and ocean ecosystems ($2.0 million). The
request also contains several new initiatives, including first-time
funding specifically to address bycatch reduction ($2.8 million), an
additional $11.8 million for expanded science activities, and $5.8
million for fishery management activities. More than $30 million in
increased funding is comprised of $17 million in adjustments-to-base to
cover inflationary costs, and $14 million for NMFS-related investments
within the Infrastructure, Maintenance, Safety & Human Capital
initiative. For more information about specific funding initiatives in the
President's request, go to the NMFS website at: www.nmfs.noaa.gov. 
More detailed information is also available at:
http://www.ofa.noaa.gov/%7Enbo/NOAA%20LOs/NMFS%20Fact%20S
heet%20-%20Final.pdf.

     7:07/03. MAGNUSON ACT NATIONAL STANDARD 1 AND
DEFINITION OF "OVERFISHING" UP FOR REVIEW:  The
Magnuson-Stevens Fishery Conservation & Management Act (16 U.S.C.
1801 et. seq.) establishes various "National Standards" that govern U.S.
fisheries management.  Among the most important is National Standard
1 that specifies criteria for preventing and responding to "overfishing." 
A finding of "overfishing" triggers not only fishery cutbacks that can put
fishermen off the water for long periods of time, but an agency
commitment to aggressive fishery rebuilding programs.  However,
overfishing definitions and rebuilding plan criteria have not been
reviewed or changed in more than five years, and do not take into
account that it is often other, non-fishing factors that have led to
fisheries declines, including (for salmon) dewatered rivers, polluted
estuaries and the continuing loss of inland spawning and rearing habitat. 
Some of the current guidelines may also be inconsistent, and no clear
procedure is spelled out for what to do when a rebuilding plan is failing
or needs major adjustment.

     On 14 February the National Marine Fisheries Service (NMFS)
published notice in the Federal Register (Vol. 68, No. 31, pg. 7492) that
it was undertaking a review of and seeking public comment about
potential changes to National Standard 1.  As they currently exist,
National Standard 1 guidelines provide definitions and require
determinations of maximum sustainable yield (MSY); maximum fishing
mortality thresholds and minimum stock size thresholds; optimum yield
(OY); how overfishing is determined; and what must be in stock
rebuilding plans.  These are all fundamental concepts to modern
fisheries management, but could change in a variety of ways depending
on public comments and this review.  NMFS will use information
received in this public comment process to determine whether, how and
why National Standard 1 should be revised. For the Federal Register
notice go to: http://www.access.gpo.gov/su_docs/aces/aces140.html. 
Comments must be submitted in writing by 17 March, to Mr. John H.
Dunnigan, Director, Office of Sustainable Fisheries, Room 13362, 1315
East-West Highway, Silver Spring, MD 20910 or faxed to (301)
713-1193.  Comments will not be accepted by e-mail.  For further
information contact: Mark R. Millikin at (301) 713-2341 or via e-mail
at: Mark.Millikin@noaa.gov.

     7:07/04. CORRECTIONS - LAMPREYS AND FARMED SALMON
INSERT:  In the 7 February issue article on the lamprey listing petition
(7:06/03), Sublegals erred in referring to lamprey as "catadromous." Of
the four species of lamprey covered in the listing petition, two are
anadromous and two are inland freshwater species.   The error comes of
confusing lamprey with the American eel  (Anquilla rostata), which is,
in fact, catadromous.  Eels are, of course, bony fish with a true
jaw/mouth, unlike the more evolutionarily primitive lamprey.  Our
apologies to outraged Ichthyologists everywhere. 

     Also in the 7 February Sublegals 7:06/02 was the report of the
newspaper insert "The True Costs of Farmed Salmon" that was
subsequently sent on 12 February to 350,000 households in Portland,
Oregon and San Francisco, California in one of four papers: the
Oregonian, the Willamette Week, the San Francisco Chronicle, and the
San Francisco Bay Guardian.  The full report was cut-off and no contact
information provided.  The "Section Z" insert produced by Ecotrust,
with support from the Columbia Foundation of San Francisco, was
intended to "help shift the way the public thinks about sustainable
fisheries, local fishing communities and the health of the food they are
eating."  Additional copies of the Section Z insert are being made
available to fishing, conservation and food safety organizations. See the
www.sectionZ.info and www.salmonnation.com websites mentioned in
the insert; to order more copies, go to: www.sectionz.info/orders.

     7:07/05. IT'S NOT JUST MERCURY, IT'S PCBS, DIOXIN, FOOD
COLORING AND OTHER FARM FISH POLLUTANTS THAT NEED
LABELING: The recent lawsuit brought by California Attorney General
Bill Lockyer against five major grocery chains for not labeling fish
(tuna, swordfish, shark) containing mercury in amounts requiring
consumer notification under the state's Proposition 65 (see Sublegals,
7:06/06) has brought to light the fact that other fish products, too, are
being sold without warning labels required by state or federal laws.
Recent studies, for example, have found farmed salmon with excessive
amounts of polychlorinated biphenyls (PCBs), a known carcinogen, at
levels approximately 10 times that found in their wild counterparts, and
probably great enough to require labeling under California's Proposition
65 for sale in that state (see Sublegals, 6:14/04). Farmed salmon also
contain color additives, otherwise the flesh would be an unappetizing
gray, and most fish farms currently used a petroleum-based dye,
canthaxanthin, that can cause eye damage and recently prompted a
European Union advisory calling for a limit on the use of the chemical
(see Sublegals, 7:05/06).  Natural or artificial, however, U.S. law already
requires fish containing colorants to be labeled, in the retail case and on
individual packages, with signs stating: "artificially colored" or "color
added."   The letters of the signage must be at least one-quarter inch in
height, prominently and conspicuously displayed. In Washington State,
for example, the county Departments of Health are the enforcers of
colorant labeling regulations. But, in fact, this federal law requiring
notice of color additives is being ignored by local county health
departments charged with enforcing the statute.     

     The California action requiring notice for fish with elevated levels of
mercury may finally force the implementation of other labeling laws. 
High levels of dioxin found in some sport fish (see Sublegals, 2:26/13) is
also helping to renew calls for better health advisories to anglers as well.
On 30 January, the Environmental Working Group (EWG), in
partnership with Mount Sinai School of Community Medicine and
Commonweal, released the results of the most comprehensive
evaluation to date of multiple chemical contaminants in people.
Published in the journal Public Health Reports, the study results offer an
up-close look at nine individuals whose bodies were tested for 210
chemicals - the largest suite of industrial chemicals ever surveyed.  The
web-presented report is available at www.ewg.org.  It found subjects
contained an average of 91 compounds, most of which did not exist 75
years ago. In total, the nine subjects carried 76 chemicals linked to
cancer. Participants had a total of 48 PCBs, which were banned in the
U.S. in 1976 but are used in other countries and persist in the
environment for decades. A second study released on 31 January by the
federal Centers for Disease Control & Prevention (CDC) provides
statistical data relevant to Americans' body burdens of 116 chemicals.

     "The CDC has studied individual chemicals in a multitude of people;
our study examined individual people for a multitude of chemicals,"
said Jane Houlihan, EWG Vice-president for Research. "The CDC's
work helps us assess exposure levels for each contaminant across the
population; our study begins to document the complex reality of the
human body burden -- what we call the 'pollution in people'.....Both
studies are long overdue, and both reveal disturbing gaps in scientific
understanding of environmental contaminants and in our system of
regulatory safeguards."  For more information on the reports, go to:
http://www.ewg.org/reports/bodyburden/es.php. 

     7:07/06. FEDERAL TESTS BEGIN FOR MERCURY IN FISH: The
Charleston Gazette reported 11 February the National Marine Fisheries
Service (NMFS) plans to test 2,500 fish samples this year to learn
whether stricter mercury warnings should be issued for some seafoods.
Mercury warnings now exist for king mackerel, shark, swordfish and
tilefish. Mercury enters the marine food chain from the atmosphere,
both naturally (e.g., from soils and volcanic eruptions) and from
industrial sources (e.g. coal-fired power plants) as well as from direct
discharges into waterways from activities such as mining and even
offshore oil drilling.  

     A study done by writer Ben Raines for the Mobile Register last year
found elevated mercury levels in the fish found around oil platforms in
the Gulf of Mexico and in the people who ate those fish (see Sublegals,
5:01/01). The source of the methyl mercury was from the barite used in
the drill muds and disposed of at the rig sites instead of being brought to
shore for disposal in a toxic dumpsite.  Mercury tends to accumulate in
large predatory fish, such as the big tunas (blue fin, yellowfin), large
sharks and billfish. Wayne Ishpording, a geochemist at the University of
South Alabama, was quoted in the Gazette article saying mercury is one
of many dangerous heavy metals that industries release into the air and
water. Lead, cadmium, arsenic, thallium and zinc have been found in the
sediments of Mobile Bay and the Mississippi Sound. The sources are
power plants, shipyards, refineries, fuel spills, industry and runoff. 

     Ishpording explained that heavy metals exist in "different chemical
compositions," some of which are more toxic to humans, saying "We
traced a number of metals right back to the discharge points. All metals
are carcinogenic in large quantities. Some are carcinogenic in small
quantities."  The United Nations Environment Programme (UNEP) has
called for a worldwide effort to reduce mercury pollution (see
Sublegals, 7:06/08) and in the U.S. the Washington State Legislature is
considering a bill to reduce mercury pollution (see Sublegals, 7:06/09),
but the U.S. Administration of George W. Bush has, to date, failed to
take any action. To see the 11 February Charleston Gazette article, go to:
http://wvgazette.com/index2.php3 and search under the keyword
"mercury."

     7:07/07. STUDY FINDS THAT EVEN A LITTLE FISH HAS
HEALTH BENEFITS:  A report by the Harvard School of Public Health,
funded by the National Institutes of Health and published in the 25
December 2002 Journal of the American Medical Association (JAMA)
found that "eating fish just once a month is enough to reduce the risk of
strokes in men, according to a study of more than 43,000 health
professionals."  A 26 December article in the Tulsa World reporting on
the study said,  "men who ate about 3 to 5 ounces of fish one to three
times a month were 43 percent less likely to have a stroke during 12
years of follow-up. Men who ate fish more often did not reduce their
risk any further, suggesting that a small amount works just as well as a
larger one......A study in JAMA last year found that women who ate
about 4 ounces of fish two to four times a week cut their stroke risk by
48 percent. The study found lower risk reductions in women who ate
fish once a week or less."  

     The Harvard study confirms many earlier health studies that eating
fish and seafood is good (see Sublegals, 7:06/07), but that individuals
may want to eat some fish in moderation or avoid a particular species of
fish or certain farmed fish altogether. The studies, revealing both the
health benefits as well as the toxins found in some fish that may pose
health risks, are expected to prompt calls for better labeling of seafood. 
The Tulsa World article is at:
http://commerce.tulsaworld.com/search/AdvancedSearchResults.asp?Pa
geNumber=1&HitsPerPage=25&Hits=3 

     7:07/08. CALIFORNIA FISH & GAME COMMISSION SPURNS
REQUEST BY SENATORS AND PCFFA, APPROVING
REGULATIONS    FOR COMMERCIALIZATION OF
FRANKENFISH; AQUA BOUNTY COMING TO CALIFORNIA:  On
Friday, 7 February, the California Fish & Game Commission approved
regulations to allow the importation and possession of transgenic fish in
that state.  The rule making was prompted by a request made by the
Natural Resources Defense Council (NRDC), the Ocean Conservancy,
PCFFA and IFR for a moratorium on genetically-modified fish (see
Sublegals, 6:10/02). The Commission turned down that request and
directed the California Department of Fish & Game (CDFG) to work
with stakeholders to develop a regulation for Commission adoption. The
States of Minnesota, Maryland, Oregon and Washington currently ban
transgenic fish in their waters (see Sublegals, 7:04/02).   During the
course of those discussions PCFFA and IFR made it clear numerous
times the only acceptable exemption to a complete ban should be for
human medical research.

     In a 3 February letter to CDFG Director Robert Hight, State Senators
Byron Sher (D-Palo Alto) and Wes Chesbro (D-Eureka) wrote, "The
regulations drafted by DFG to address this situation take one step
forward and two steps backward.  On the one hand, they would make it
illegal for anyone to import, possess or produce transgenic fish species,
without first obtaining a permit from DFG.  They also provide an
expedited permit process for universities and other bona fide research
institutions that use transgenic fish for noncommercial scientific and
public health purposes.  We support both concepts.  However, the
regulations would also allow DFG to issue permits to aquaculture
companies and for other commercial purposes, such as pet store sales. 
We oppose this....... We see no compelling reason for California to
legalize commercialization of transgenic fish at this time.  The FDA
[U.S. Food & Drug Administration] has not yet decided whether
farm-raised transgenic fish are safe to eat.  Equally important, there are
growing concerns that FDA's regulatory process does not adequately
consider the potential environmental risks to native fish species, such as
our dwindling stocks of endangered salmon and steelhead trout.  The
regulations are also flawed because they do not require any public notice
when transgenic permits are applied for, nor do they require DFG to
consider public comments prior to approval or denial of a permit."  

     The Department promised the Senators it would ask the Commission
to hold off from adopting regulations at the February meeting until the
concerns raised by the two lawmakers could be addressed.  When the
Senators and IFR were told the matter would be put over, they did not
attend, leaving only PCFFA among the groups addressing the issue to
raise objections to the proposed regulation.  The CDFG representative
made no mention to Commissioners of the commitment made to the
Senators and so the Commission approved the draft regulations. This
now leaves California in a tenuous legal position of likely having to
approve applications for importation and possession of transgenic fish
by commercial aquaculture operators.  For more information, go to:
http://www.dfg.ca.gov.

     In the meantime, Waltham, Massachusetts-based Aqua Bounty
Farms, the company that started the current controversy over transgenic
fish with its application to the FDA for approval of use of its
genetically-modified Atlantic salmon in commercial fish farm
operations, has opened a San Diego, California subsidiary, Aqua Bounty
Pacific (see Sublegals, 7:04/01; 6:24/09; 6:10/03; 6:08/01; 6:03/08;
6:02/06; 5:09/02; 5:01/05; 4:16/13; 4:11/10; 3:23/14; 3:19/03; 3:07/15;
3:05/15; 2:16/11; 1:15/07; 1:10/03).  According to a 6 February Intrafish
report, the company is developing viral and bacterial treatments for
shrimp diseases. "The shrimp gene programs, meanwhile, will use
similar technologies as those applied to grow transgenic salmon,
according to Aqua Bounty Vice-President Joseph McGonigle. The
subsidiary will look at boosting growth, forced selection using
marker-assisted identification, microassay gene identification and the
development of an all-female shrimp line," reported Intrafish. "Aqua
Bounty Pacific is currently performing its genetic experiments as a
contractor for other companies. But McGonigle said that the ultimate
intent was to be a transgenic pioneer."  For more information, go to:
www.raincoast.org.

     7:07/09. USTR TO HOLD UP ON PRESSURING EU TO ACCEPT
US FRANKENFOODS - FOR NOW ANYWAY: The New York Times
reported 5 February that the U.S. Bush Administration would delay a
formal challenge to the World Trade Organization (WTO) over the
European Union's ban on genetically modified foods. U.S. Trade
Representative Robert Zoellick recently blasted the EU over the ban,
blaming the European attitude for contributing to world hunger. The
Europeans have been using a precautionary approach regarding
transgenic foods, questioning the impacts of these foods on human
health and the environment. The European concerns are shared by many
Americans as well. The backing off by the U.S., however, has nothing to
do with human health concerns or environmental protection, but the
Administration's desire to build a coalition for the war with Iraq. To see
the 5 February New York Times article, go to:
http://www.nytimes.com/2003/02/05/international/europe/05TRAD.html

     7:07/10. REMINDER - WEST COAST'S LARGEST FISHING
GEAR SWAP MEET:  On Saturday, 1 March, the annual "West Coast's
Largest Fishing Gear Swap Meet" will be held at the Teamsters' Union
Hall on Hegenberger Road (near the Raider/A's coliseum) in Oakland,
California (see Sublegals, 7:03/06).  For more information, contact
Yvette Hudson at: mike@hudsonfish.com.       

     7:07/11. USFWS RELEASES OVER 230,000 WINTER -RUN
CHINOOK INTO SACRAMENTO AS THE FIRST ESA-LISTED
PACIFIC SALMON CONTINUES TO RECOVER:  On 30 January, the
U.S. Fish & Wildlife Service (USFWS) which operates the Livingston
Stone National Fish Hatchery at Keswick Dam (a flow regulating
facility for Shasta Dam) on the upper Sacramento River released
232,000 baby winter-run chinook salmon for their downstream
migration to the Sacramento-San Joaquin Delta, San Francisco Bay and
the Pacific Ocean.  Sacramento winter-run kings were the first Pacific
salmon to be listed under the Endangered Species Act (ESA) in 1989
and were nearly extinct by 1991 when only 191 spawning fish returned. 
With strong enforcement of the ESA (i.e., cold water releases from
Shasta, effective screening of major diversions, lifting the gates at the
Red Bluff Diversion Dam, controlling pollution from a Superfund mine
site and curtailing Delta pumps during out-migration), coupled with a
captive brood stock program, the fish are recovering with a spawning
return in 2002 of an estimated 10,000 fish.  The captive broodstock
program, initiated by the late Nat Bingham, helped to develop a
successful genetic program for the hatchery supplementation (e.g.,
preventing cross-breeding with spring-run) and the establishment of a
hatchery facility, Livingston Stone, on the mainstem Sacramento.  Plans
are now afoot to develop a "home stream" for the fish by removing
antiquated hydroelectric dams on Battle Creek to provide for a natural
spawning population (the native streams were lost behind Shasta Dam).
For more information, see the 31 January San Francisco Chronicle
article by Glen Martin at:
http://www.sfgate.com/cgi-bin/article.cgi?f=/chronicle/archive/2003/01/
31/MN102931.DTL&type=news

     7:07/12.  PROPOSED REVISIONS TO SEABIRD AVOIDANCE
REQUIREMENTS FOR ALASKA LONGLINERS:  The National
Marine Fisheries Service (NMFS) has published a proposed rule to
revise the seabird avoidance requirements for hook-and-line fisheries off
Alaska, in the 7 February Federal Register (Vol. 68, pp. 6386-6399).
These avoidance rules were developed by fishermen themselves and
have proven quite effective at little additional cost but must now be
updated.  Comments must be received by 10 March. Go to:
www.fakr.noaa.gov/protectedresources/seabirds/ea/default.htm for more
information. NMFS has posted additional information on the seabird
bycatch issue, including official documents, at:
http://www.fakr.noaa.gov/protectedresources/seabirds.html.                    
  
                                            ************                      
   

Paying Attention?  Revisions to the Magnuson Act's National Standard 1
are important because:
A) they determine how the U.S. Administration deals with controls on
transgenic organisms;
B) they define 'overfishing' and how stock rebuilding plans are
structured and managed;
C) they are the very basis for WTO negotiations over international
marketing of seafood;
D) they provide for seafood supply security as part of homeland defense.

E-Mail your answer by Friday, 28 February, to: "Editor" at:
sublegals@ifrfish.org. 

     And the Winner is...... Sandy Eastoak is the winner of last week's
"Paying Attention?" with the correct answer of "A". She receives an
"Order of the Fringehead" certificate and a handsome gray shirt with the
cuddly Sarcastic Fringehead Sublegals logo.

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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