[Fishlink] ~~>FISHLINK SUBLEGALS 21Feb03<~~

[bit-bucket@straylight.primelogic.com]

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                     ~~>FISHLINK SUBLEGALS  21Feb03<~~
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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. 08                                      21 FEBRUARY 2003
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"No, [President Bush and Saddam Hussein should not debate]. Saddam
Hussein doesn't speak English well, and neither does George Bush, so I
don't think it would be a very meaningful or understandable debate."
...................................Roger Duba
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IN THIS ISSUE.......

Fisheries Minister Says B.C.'s Most Important Salmon 
is Atlantic Salmon.  7:08/01

President Signs Bill For Pacific Coast Groundfish Trawl 
Vessel/Permit Buyback.   7:08/03

Oregon Dungeness Crab Commission to Seek MRC 
Certification for Fishery. 7:08/05

University of Maryland Study Documents Damage to Fish 
>From Loud Noise.  7:08/06

Southern California Water Agency Inks Deal to Buy Water From
Growers, May Harm Fish.  7:08/08

AND MORE......
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     7:08/01. B.C. FISHERIES MINISTER HAGEN MISSPEAKS ON
SALMON; MAJOR PROTEST AGAINST FISH FARMS PLANNED
FOR 28TH AT DFO'S VANCOUVER OFFICES:  A major protest is
planned by representatives from First Nations, commercial and
recreational fishing groups, conservation organizations and tourism
businesses against British Columbia's Agriculture, Food & Fisheries
Minister Stan Hagen on Friday, 28 February, over his agency's positions
and ties to corporate salmon farming operations in the Province. Hagen,
who recently replaced John van Dongen as Minister (see Sublegals,
7:06/01), said on a radio talk show, "The most important salmon on the
west coast of Canada, on the coast of British Columbia, is the Atlantic
salmon." Hagen later claimed he misspoke and meant Pacific salmon,
but it appears his earlier statement more closely reflects his attitudes and
actions, like those of his predecessor who had to step down because of a
criminal investigation against him, by promoting salmon farms in B.C.  

     The Vancouver Sun, in a 15 February article by Stephen Hume,
detailed a litany of problems now facing Hagen, who received over 20
percent of his campaign funds in his last election from salmon farmers.
New Democratic Party (NDP) Leader Joy MacPhail raised the issue of a
Hagen conflict of interest earlier in the month when she asked the
provincial legislature about one of the government's private sector
advisers on fish farms -- whom she pointed out also supplies
pharmaceuticals to the aquaculture industry. "The same adviser's
company had donated $5,000 to the Liberals during the last provincial
election, MacPhail said. Reports filed with Elections B.C. disclose that
three of the biggest fish farming companies donated a total of $21,900
to the Liberal party and two of them had donated an additional $4,500 to
Hagen's own campaign," reported the Sun. 

      The most damaging blow to Hagen's credibility, wrote Hume, was
the leaking of a 4 February letter from the Taku River Tlingit First
Nation accusing the government of repudiating its fiduciary obligations
to First Nations. At issue is the fast track approval by Hagen of the
Tulsequah Chief mine in remote northwestern B.C.  "The Tlingits told
Hagen they could only conclude the abrupt decision to approve the
Tulsequah Chief again was meant to deliver the message that the mining
industry's interests have a higher priority for the Liberals than the
Crown's Constitutional obligations to aboriginal people," said the Sun,
saying "from fish farms to First Nations, the Liberals' credibility appears
to be in such tatters with so many significant stakeholders that it's
difficult to imagine how the government can effectively manage these
vital issues without swiftly demonstrating some major and decisive
changes in attitude and approach." 

     In a 20 February article by Joel Connelly the Seattle
Post-Intelligencer went into more detail on B.C.'s fish farm scandal
writing, "Lately...there seems to be something decidedly fishy about the
growth of aquaculture along British Columbia's coast. The Province's
Agriculture, Food and Fisheries Minister resigned last month because of
a Royal Canadian Mounted Police investigation into how he handled a
complaint against a salmon-farming operation off the northeast coast of
Vancouver Island. The Norwegian-owned Stolt Sea Farm Inc. was
tipped off to a government investigation into the escape of thousands of
Atlantic salmon from a farm it operates. More fish stories were to come.
A CBC-TV inquiry recently uncovered a glaring conflict of interest. A
Nanaimo laboratory, run by Canada's Department of Fisheries and
Oceans, has the job of promoting fish farms while simultaneously being
charged with investigating reports that farmed fish have infected wild
pink salmon with sea lice. Independent scientists -- and the
independent-minded Pacific Fisheries Resource Conservation Council --
believe there are links between sea lice and a dramatic decline in pinks
returning to spawn."

     The P-I article continued, saying, "The collapse of wild pink salmon
populations is particularly acute near the Broughton Archipelago off
northern Vancouver Island. It's also the densest concentration of salmon
farms in British Columbia. The conservation council has recommended
decisive action -- that British Columbia close all 27 salmon farms in the
area this spring to assure disease-free passage of pink salmon juveniles
to the ocean. The province's new fisheries minister, Stan Hagen, has
responded by ordering 11 fish farms shut down, in line with what the
aquaculture industry volunteered to do.  

     The British Columbia government remains very much in bed with the
salmon farm industry. It recently tapped, as president of the B.C.
Aquaculture Research and Development Committee, the head of a
company that supplies antibiotics and chemicals to fish farms.......In
January, the Norwegian-owned Omega Seafoods Group hastily
suspended construction of a hatchery at Ocean Falls, an old mill town on
the central B.C. coast. It pledged extensive consultation with local
native fishermen, who mounted a big protest at the hatchery site. Soon
after the demonstrators went away, building at the controversial
hatchery quietly resumed."

     According to the David Suzuki Foundation, "At least seven unique
runs of wild pink salmon in the Broughton Archipelago, off the
northeast coast of Vancouver Island, are facing extinction because of a
proliferation of sea lice from salmon farms. Tragically, these vital wild
runs collapsed by 98 percent in 2002. Only 12 pink salmon were caught
during a commercial fishery in the Broughton area in August 2002,
making this an economic and environmental disaster!  Within a month,
pink salmon smolts will begin their journey to sea from rivers and
streams in the Broughton Archipelago. These baby fish must
swim past 27 salmon farms and the government is only forcing 11 of
them to empty their net cages in an effort to reduce the lice epidemic. If
these wild salmon are to have a chance, all of these farms must be
emptied or 'fallowed' until the summer." (see Sublegals, 6:25/12).

     The Friday, 28 February, protest is planned in front of the
Department of Fisheries & Oceans offices at 401 Burrard Street (at
Pender) in Vancouver, beginning at 1030 HRS.  For more information,
call (604) 684-0231, or contact the David Suzuki Foundation at:
http://www.davidsuzuki.org/. Fisheries Minister Stan Hagen can be
contacted at: stan.hagen.mla@leg.bc.ca. To see the Vancouver Sun
article, go to: http://www.canada.com/vancouver/vancouversun/
archives/story.asp?id=683E4E90-BA0E-40ED 8459AE35F36BC005. 
To see the Joel Connelly article that appeared in the Seattle
Post-Intelligencer, go to:
http://seattlepi.nwsource.com/connelly/109488_joel21.shtml.

     7:08/02. U.S. OCEAN COMMISSION REPORT RELEASE
DELAYED; PEW SET FOR RELEASE ON 9 APRIL: The U.S.
Commission on Ocean Policy has announced it will be unable to meet
its 20 June 2003 date for transmitting its Final Report to the President
and Congress. "The June 20 reporting date is simply impossible if we
are to write the most effective comprehensive and coordinated ocean
policy report called for by our enabling legislation," said the
Commission.  A precise date for the report is expected to be announced
when the Commission meets 1-3 April in Washington, DC. The Pew
Oceans Commission, meanwhile, has announced a 9 April date for the
release of its report.  For more on the U.S. Oceans Commission, contact
Executive Director Thomas R. Kitsos at: kitsos@oceancommission.gov.

     7:08/03. PACIFIC GROUNDFISH VESSEL/PERMIT BUYBACK
BILL SIGNED BY PRESIDENT: On 20 February, U.S. President
George W. Bush signed the Omnibus Appropriations bill, containing the
vessel and permit buyback language for the Pacific Coast groundfish
trawl fishery (see Sublegals, 7:04/07; 6:23/06; 6:17/03). The bill,
incorporating the buyback language that was in two bills authored by
U.S. Senator Ron Wyden (D-OR) and Representative Lois Capps
(D-CA) in the last session, was passed by both houses of Congress on
the 13th and includes $50 million in loan guarantees for the
industry-funded buyback and an additional $10 million to assist the
program.  Congress, in the past, provided substantial sums to the New
England groundfish fishery for a government-funded vessel buyback
program.  

     The U.S. buyback pales in comparison to the 32 million euros the
European Union is planning to provide in emergency appropriations this
year for its fishing vessel decommissioning program. Indeed, the EU has
budgeted a total of 272 million euros for decommissioning in the
2003-2006 period. Massive subsidies in the past by EU members for
new fishing vessel construction is blamed for the overfishing of many of
the stocks in the North Atlantic (see Sublegals, 6:25/03).

    The buyback is in response to the excess fishing capacity that
currently exists in the U.S. west coast groundfish fishery. The Pacific
Fishery Management Council has targeted a reduction of 50 percent of
the fleet's harvest capability.  The groundfish fleet, like others in the
U.S., was overbuilt after the passage of the Fishery Conservation &
Management Act of 1976 (now the Magnuson-Stevens Act). To gain
passage of the extended jurisdiction provision (creating a "Fishery
Conservation Zone" from 3-200 miles; the previous extension of federal
jurisdiction of fisheries was only out to 12 miles offshore) in the law, a
compromise was struck that allowed continued foreign fishing in the
new FCZ (later renamed the Exclusive Economic Zone or "EEZ" by
President Ronald Reagan) until the U.S. fleet was capable of harvesting
the fish stocks available in this newly-claimed area.  

     To speed the departure of the foreign fleets, Congress initiated an
"Americanization" of the fisheries program that included loan
guarantees for building new fishing vessels as the National Marine
Fisheries Service (NMFS) encouraged the building of large trawlers and
longliners. Unfortunately Congress did not appropriate, nor did NMFS
or the fishing industry aggressively pursue, the necessary monies for
research and stock assessments to determine the size of the fish
populations or the level of fishing they could actually sustain.  By the
mid-1990's it became apparent that the U.S. had built up a fleet with the
capacity to harvest fish far in excess of what the stocks could sustain. 
Both government and the industry share responsibility for the
overcapacity that currently exists, and both are now sharing, although
not equitably, in the effort to reduce the number of vessels and permits.
For details on the buyback program, contact Pete Leipzig with the
Fishermen's Marketing Association (representing many west coast
trawlers) at: pete@trawl.org.

     7:08/04. EPA REPORTS OF MERCURY THREAT TO CHILDREN:
On 20 February, the Wall Street Journal ran an article by John Fialka
saying a report by the U.S. Environmental Protection Agency (EPA)
"warning that emissions of mercury by coal-fired power plants and other
industrial sources poses an increasing health danger to young children
has been delayed for nine months, while the Bush Administration
struggles with how to handle an increasingly contentious environmental
problem." The Journal article went on to say that a "partial draft, titled
'America's Children and the Environment,' notes that states increasingly
are issuing warnings about dangerous mercury levels in fish. It says
there is mounting evidence that mercury is collecting in the blood of
women of child-bearing age.....The evidence is also increasing, warns
the EPA report, that high doses of mercury can cause mental retardation
and other neurological disorders in infants. The report updates a 2000
version by the Clinton Administration that included no findings on
mercury." During this past year, studies were released finding high
levels of mercury in people eating large amounts of fish (the study did
not say what kinds of fish), particularly people eating fish taken near oil
rigs in the Gulf of Mexico (see Sublegals 5:01/01) and the California
Attorney General recently threatened suit against five major grocery
chains for failing to post Proposition 65 warnings on fish containing
high levels of mercury.  For the fishing industry the issue is of great
concern because of the elevated levels of mercury found in some
seafood, such as large tunas and sharks, billfish and tilefish (see
Sublegals, 7:07/05; 7:06/06). Following the publication of the article on
20 February by the Wall Street Journal, the EPA released its report. That
report can be found on the internet at:
http://www.epa.gov/envirohealth/children/ace_2003.pdf.  

     7:08/05. OREGON DUNGENESS CRAB COMMISSION TO SEEK
MSC CERTIFICATION; CRIMINAL CHARGES DROPPED
AGAINST FISHERMEN/ASSOCIATIONS IN CALIFORNIA: On 13
February, the Oregon Dungeness Crab Commission voted to initiate a
pre-certification process for gaining Marine Stewardship Council (MSC)
certification of Dungeness crab as a sustainable fishery.  Requests are
already in by the California Salmon Council for MSC certification of
that state's troll chinook (king) salmon fishery (see Sublegals, 6:22/10),
and by the Fishing Vessel Owners Association and the Deep Sea
Fishermen's Union for certification of the Pacific halibut and Alaskan
black cod (sablefish) fisheries. The estimated cost of the MSC
Dungeness pre-certification process is between $4,000 and $6,000 (US),
according to Commission Executive Director Nick Furman, with full
certification estimated between $20,000 and $25,000. For information
about the Oregon Crab Commission, go to: http://uci.net/~dcrab/. For
more information about the Marine Stewardship Council, go to:
www.msc.org. 

     To the south, in California, the U.S. Justice Department investigation
into possible criminal activities related to the civil suit brought by a
large trawler against three fishermen's marketing associations and a
dozen crabbers, Dooley v. Crab Boat Owners Association (see
Sublegals, 6:19/01; 6:16/13; 5:16/14; 5:09/17; 5:06/09) has been dropped
due to no evidence of wrongdoing by either the named associations or
individuals. In Oregon, crabbers have lodged complaints with the state
Attorney General over price fixing and predatory pricing practices by
some fish processors (see Sublegals, 7:04/10).  

     7:08/06. NEW STUDY DOCUMENTS INJURY TO FISH FROM
LOUD NOISE; PCFFA CALLS FOR MORE RESEARCH ON
AFFECTS OF NAVY'S LOW FREQUENCY ACTIVE SONAR ON
FISH: On 10 February, Science Daily magazine reported on "the first
ever study of the effects of loud man-made, or 
anthropogenic, sound on fish in the wild."  According to the article, the
research conducted by the University of Maryland's Arthur Popper and
his colleagues at Jervoise Bay in western Australia found the injuries to
fish far greater than anticipated.  Damage to the hearing of marine
mammals from loud noises has been well documented, but this is the
first time the degree and extent of the damage to the hearing of fish
from loud noises has been documented. The results of the study were
published in the January issue of the Journal of the Acoustical Society of
America. For more on Arthur Popper's fish/noise research, visit:
http://www.life.umd.edu/biology/popperlab/. To see the Science Daily
article, "Loud Noise Can Injure Fish Hearing," go to:
http://www.sciencedaily.com/releases/2003/02/030210075908.htm.
Noise impact on fish has been documented in California from pile
driving at a bridge construction site (see Sublegals, 7:04/06).

     In January, a federal court issued a restraining order to halt Woods
Hole Oceanographic Institution's study on impacts of high-frequency
sonar on migrating gray whales off the coast of California.  The
injunction, brought by the Natural Resources Defense Council (NRDC),
came days before the National Marine Fisheries Service
(NMFS)-approved experiment was set to begin. The suit charged the
"high-frequency sonar could disorient whales and separate calves from
their mothers during their migration." On 12 February, PCFFA,
following the release of the Popper study, sent a letter to U.S. Senator
Barbara Boxer (D-CA) and other Congressional members calling for
more research on the U.S. Navy's low frequency active (LFA) sonar
affects on fish. The use of LFA is currently enjoined by a federal judge
who found the Navy failed to first evaluate the possible affects on
whales and concerns that the underwater noise "could cause stress." For
a copy of the PCFFA letter to Senator Boxer contact: fish1ifr@aol.com.

      7:08/07. WASHINGTON STATE PURCHASES INSTREAM
WATER FOR YAKIMA BASIN:  Washington State's nearly dry Naches
River will get up to 450 cubic feet per second (cfs) of new water
dedicated to instream fish and wildlife needs, as the result of a major
purchase and retirement of water rights in the arid Yakima Basin. The
action is being taken under "an innovative water rights purchase
agreement," by the Washington Department of Ecology.  The basin
contains several species of threatened fish, including bull trout and
steelhead, and salmon lower down, that should benefit from the water. 
The $1.2 million water rights purchase is part of a much bigger $8.5
million deal the U.S. Bureau of Reclamation (BOR) is negotiating with
PacifiCorp to purchase and decommission two small power dams owned
by the utility.  For more information, go to:
www.ecy.wa.gov/news/2003news/2003-012.html.     

     7:08/08. MWD FINALIZES WATER PURCHASE FROM RICE
GROWERS: On 14 February, the Metropolitan Water District of
Southern California (MWD) reached agreement with several
Sacramento Valley irrigation districts for purchase of their farm water,
much of it used to grow rice (see Sublegals, 7:02/04; 7:02/05).  Under
the deal, MWD will pay $9.7 million for 31 million gallons (97,200
acre-feet) of water from the Glenn-Colusa (GCID), Western Canal
Water District and Richvale Irrigation Districts. The agreement comes
on the heels of the announcement that State Water Project (SWP)
allocations will be down 18 percent this year; the Met is a major SWP
contractor. MWD Vice-president Tim Quinn called the deal a "sign that
we're moving to a more viable market."  For fisheries the deal is highly
troubling, since the water, except that lost to crops, rather than flow
through the Delta to San Francisco Bay will now flow to the Delta
pumps, increasing juvenile salmon losses and depriving the San
Francisco Bay estuary of needed fresh water inflow.  The deal will also
put more pressure on CALFED to increase the capacity of Delta pumps
under the euphemistically named "South Delta Improvement Plan" (see
Sublegals, 6:21/07).  

     Many irrigators, too, are less than enthusiastic about the deal.  John
Sutton, Executive Director of the Farm Water Alliance, called on
irrigation districts to take "baby steps" when considering future sales
outside of the agriculture community.  Sutton's concern understates the
brewing water imbalance for the State of California.  With drastic
reductions of Colorado River allocations in the south and continuing
flow shortages on the Klamath (both engineered by the Department of
Interior) water users throughout the state are watching a new reality
emerge from an already complicated water cycle.  Rather than focus on
regional, cost-comparable solutions like conservation and desalination,
MWD is setting a troubling precedent: one that could pave the way for
central valley water sales and north coast water bagging to supply
sprawling southern suburbs.  For more on the water sale, see the 15
February Sacramento Bee article at:
http://www.sacbee.com/content/news/california/story/6120216p-707591
9c.html.  

     7:08/09. BOR PREFERRED ALTERNATIVE FOR RED BLUFF
DIVERSION DAM FISH PASSAGE EXPECTED SOON: A revised
Red Bluff Diversion Dam Fish Passage Improvement Project
Environmental Impact Statement/Environmental Impact Report
(EIS/EIR) is expected out soon, and the U.S. Bureau of Reclamation
(BOR), the dam operator, is reportedly close to a decision on a preferred
alternative for the project (see Sublegals, 6:14/03).  According to the
Tehama-Colusa Canal Authority (TCCA), the irrigation agency
responsible for overseeing the Tehama-Colusa and Corning Canals on
behalf of the Department of Interior, it has undertaken the Fish Passage
Improvement Project (FPIP) in order to relieve the "conflicting pressures
of fish passage and agricultural water diversion" at the Red Bluff
Diversion Dam on California's Sacramento River.  The dam was built
near the town of Red Bluff in 1964 to provide water for Central Valley
irrigators but soon proved to be a critical barrier to migrating salmon. 
Currently, the operation schedule allows free passage for the large fall
salmon runs and diverts water to farmers from 15 May to 15 September
during peak summer demand.  

     However, with the federal and state Endangered Species Act (ESA)
listings of winter and spring run chinook, TCCA authorities have been
under increasing pressure to modify to their diversion schedule to
facilitate the passage of these two species that make their upriver
migrations in spring and summer.  At the same time TCCA has been
unable to meet its water supply obligations to irrigators without water
from other sources, all of which has led to the consideration of several
alternatives to current operations.  A wide array of agencies and
stakeholders including irrigation, environmental and fishing interests
have chosen to support Alternative 3, the "Gates Out" alternative, which
would allow free passage for salmon and other migratory species year
round while allowing farmers to get water from a more reliable pumping
facility.  

     In opposition to this de facto coalition are various business and
recreational interests that oppose the loss of the seasonal Lake Red Bluff
created during the current diversion period.  Now it seems that BOR
might be willing to support one of the other "gates in" alternatives as
well.  PCFFA and other groups have sent a letter to BOR reflecting their
concern over the agency's pending decision and urging it to fairly
consider which alternative would provide the most benefit to the two
primary users:  Central Valley irrigators and Sacramento River salmon. 
For more information on the FPIP see the official website at:
http://www.tccafishpassage.org.

     7:08/10. GRAVEL REMOVED FROM FAILED SPAWNING
CHANNEL: While the Tehama-Colusa Canal Authority is working to
complete a revised EIR/EIS for its Fish Passage Improvement Project at
Red Bluff Diversion Dam (see 7:08/09 above), dump trucks have been at
work hauling gravel out of the nearby Tehama-Colusa Canal's three-mile
spawning channel.  The gravel was originally added to the channel in
the 1960s as mitigation for salmon spawning habitat lost due to the
creation of the dam and its reservoir.  While the gravel never was able to
attract any salmon, it did prove to be fertile ground for the propagation
of pond moss. Whether it was the pond moss or the sound of irrigation
pumps and tractors in the distance, the structure was never used by
salmon.  Indeed, it was the pond moss that found a niche in the
spawning channel.  It became so prolific that the U.S. Fish & Wildlife
Service (USFWS) spent $60,000 per year on herbicides to keep it from
stopping up the canal and causing overflows.  Finally, this year the
decision was made to remove the gravel and with it the prime pond
moss breeding habitat, as well as eliminating any pretense of the
channel's usefulness for fish.  For more, see the Red Bluff Daily News
article at:
http://www.redbluffdailynews.com/archives/index.inn?loc=detail&doc=/
2003/January/21-2775-news1.txt.

     7:08/11. CATCH PCFFA AND IFR AT WEST COAST'S LARGEST
FISHING GEAR SWAPMEET: Personnel from both PCFFA and IFR
will be on hand along with representatives from the California
Department of Fish & Game (CDFG), California Salmon Council and
the U.S. Coast Guard at the 6th Annual "West Coast's Largest
Commercial Fishing Gear Swapmeet" that will be held Saturday, 1
March at the Teamsters' Union Hall in Oakland, California (see
Sublegals, 7:07/10; 7:03/06).  The event is sponsored by the Small Boat
Commercial Salmon Fishermen's Association. For more information, go
to: www.sbcsfa.com/swap03.htm.

     Paying Attention?  The U.S. Environmental Protection Agency has
issued its report on the danger mercury poses to children.  What did
EPA point to as the source of the increasing danger of mercury to small
children? 

A) tuna fish sandwiches made with "lite" mayonnaise;
B) leakage from thermometers caused by pediatricians taking children's
temperatures too frequently;
C) diets rich in sushi made from Chilean sea bass;
D) emissions from coal-fired power plants and other industrial sources.

E-Mail your answer to: "Editor" at: sublegals@ifrfish.org. 

     And the Winner is......Hal Schraeder, who correctly answered that
revisions to the Magnuson Act's National Standard 1 are important
because: "B) they define 'overfishing' and how stock rebuilding plans are
structured and managed." He 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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