[Fishlink] ~~>SUBLEGALS 11Apr03<~~
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~~>SUBLEGALS 11Apr03<~~
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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. 15 11 APRIL
2003
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"The truth generally involves a great deal of ambiguity, and in times of
war, ambiguity and paradox are the first things to go. People want
simple black-and-white answers."...Andre Gregory
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IN THIS ISSUE.......
PFMC Finishes Week of Meetings Recommending
Best Salmon Season in 15 Years. 7:15/01
Organic Labeling For Wild Fish Tied to Wartime
Appropriations Bill to Stem Farm Fish Invasion. 7:15/03
Forest Service, BLM Seek Changes to ACS to
Undermine Fish Protection in National Forests. 7:15/06
Klamath Named Nation's Second Most Endangered
River as BOR Declares "Dry Year." 7:15/07
House Approves Amendment to Energy Bill Keeping
OCS Drilling Moratorium Intact. 7:15/09
AND MORE......
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7:15/01. PFMC FINISHES UP MEETING RECOMMENDING
BEST SALMON SEASON IN 15 YEARS: The Pacific Fishery
Management Council (PFMC) finished its week-long meeting on Friday,
11 April, in Vancouver, Washington (see Sublegals, 7:13/06)
recommending that the U.S. Department of Commerce adopt the least
restrictive ocean salmon seasons for the Pacific Coast in 15 years (see
Sublegals, 7:11/01). Briefly, the season structure includes a 64,000
chinook and 75,000 coho commercial quota for North of Cape Falcon
(Columbia River); and the 15 March opener for Oregon (the season has
been open nearly a month), with the state open in most areas and most of
the time through October. For California, from Eureka north it's a
September only fishery on a 10, 000 chinook quota. The big news is for
Fort Bragg, once the largest ocean salmon port on the coast, which will
have its best season structure since 1988 with a May fishery, 26 days in
July and all of August and September. The proposed regulatory
structure is also good news for Bodega Bay, which has suffered closures
during past seasons, with a commercial season south of Point Arena to
the Mexican Border opening May Day and extending straight through
September. There is also a 1-17 October extended season between Point
Reyes and Pedro Point (a portion of the Gulf of the Farallones) targeting
abundant Sacramento fall-run chinook. The season structure should also
assist marketing efforts by avoiding mid-season closures along most of
the coast, thereby maintaining a constant flow of fish to the market.
The reasons for the liberalized seasons are two-fold. First, the stocks
have been abundant owing to average to above-average rainfall three and
four years ago when they were smolts (i.e., higher flows in rivers), good
oceanic conditions (cold with good upwellings), coupled with in-river
habitat improvements. Second, the PFMC adopted last year a more
accurate model for developing management measures. The PCFFA
Salmon Team, that included Duncan MacLean, Barbara Emley, Dave
Bitts and Chuck Wise, worked extensively with state and federal fishery
managers to develop the season structure aimed at providing the best
possible fishing opportunities while fully meeting conservation
requirements to protect Endangered Species Act (ESA) listed and at-risk
stocks. There will be more news on the PFMC meeting in the next issue
of Sublegals. For more information, go to the PFMC website at:
www.pcouncil.org.
7:15/02. SALMON STAMP BROCHURE HIGHLIGHTS
CALIFORNIA RESTORATION EFFORTS: The California Salmon
Trollers Advisory Committee ("Salmon Stamp Committee") has released
its latest brochure highlighting the salmon restoration programs that have
been funded by that state's commercial salmon stamp program.
The 23-page publication was produced by the California Salmon
Council, under contract to the Stamp Committee, and is dedicated to the
memory of the late Nat Bingham, who chaired the Committee in its early
days and spent much of his fishing career working to restore habitats and
flows to rebuild west coast salmon runs. The stamp program is funded
mainly by a stamp required of every California licensed commercial
salmon fisherman, along with crew aboard charter recreational vessels. It
also receives some funds from court settlements and bequests. The
salmon stamp has been used to directly fund enhancement and habitat
restoration programs as well as provide "seed" money to garner other
state and federal funds. The brochure highlights the work of the
program. Copies of the brochure are available from the PCFFA/IFR
offices, as well as select California Department of Fish & Game (CDFG)
offices. For more information, contact Sara Randall at:
sublegals@ifrfish.org.
7:15/03. ORGANIC LABELING VICTORY FOR POULTRY AND
WILD SALMON PRODUCERS IN SENATE WARTIME
APPROPRIATIONS BILL: On 8 April, Seafood.Com News reported
that U.S. Senator Ted Stevens (R-AK) succeeded in inserting a
"managers amendment" to S. 762, the Wartime Supplemental
Appropriations Bill, to 1) reverse language from the Omnibus Fiscal
2003 Appropriations bill that loosened regulations on organic poultry
and 2) add language to clear the way for wild salmon and other
wild-caught marine fish products to be labeled as 'organic' foods for
marketing purposes. The strengthening language on organic poultry was
requested by organic growers who sought to overturn language passed
earlier by Congress allowing chicken fed non-organic feed to be labeled
as organic if no organic feed sources were available. Organic poultry
producers were concerned that the weakening language, inserted by U.S.
Representative Nathan Deal (R-GA) on behalf of a southern U.S.
chicken grower and attached as a rider to the fiscal FY 2003 bill, would
undercut consumer confidence in chicken labeled as organic. The
language in S. 762, to strengthen standards for the organic labeling of
poultry, was requested by U.S. Senators Patrick Leahy (D-VT) and Tom
Harkin (D-IA); both Leahy and Harkin also agreed to Stevens' language
for organic wild fish.
"Stevens has been working for several years to have Alaska salmon
and other wild-caught fish labeled as organic," reported Seafood.Com.
"In his fiscal 2000 request, he added $75,000 to the Agriculture
Department (USDA) budget for public hearings to ensure that salmon
would be included in federal organic standards that took effect that
year." However, in October 2001, the USDA's National Organic
Standards Board (NOSB) voted against developing rules to allow fish
harvested from the wild to be labeled "organic" (see Sublegals, 4:16/08;
4:14/06; 4:13/07; 3:22/05; 2:25/07; 1:15/08). Ironically, while denying
wild fish the opportunity to be labeled "organic," the NOSB would still
have permitted farmed fish to get an organic label.
PCFFA Executive Director Zeke Grader, who served on a national
panel to advise the NOSB, voiced his support for Stevens' amendment.
Grader had recommended an "organic equivalent" label to apply to all
aquatic species meeting specified criteria (similar to that for organic
produce), but that was rejected by the panel. "The current standards as
they apply to fish are a travesty," said Grader. "They allow farmed fish,
the very antithesis of organic, to qualify but deny the label to wild fish
grown in pristine environments because they were not captive. At the
same time, honey made by bees from the wild can be labeled as organic.
The Stevens' language, thankfully, gets rid of this organic
double-standard." Grader went on to say the wartime appropriations bill
was an appropriate vehicle for this language "aimed at stemming the
invasion of farmed fish." For more information on the organic language,
e-mail Senator Stevens' office at: senator_stevens@stevens.senate.gov.
7:15/04. USDA SCHEDULES INFORMATION SESSIONS ON
COUNTRY OF ORIGIN LABELING: On 1 April, the U.S. Department
of Agriculture's (USDA) Agricultural Marketing Service announced
dates and locations for its information sessions on the Country of Origin
Labeling law included in the 2002 Farm Bill (see Sublegals, 7:14/14;
5:19/06; 5:17/04; 5:08/03; 5:07/06). The country of origin labeling
provision was inserted in the Farm Bill by U.S. Senator Ted Stevens
(R-AK) together with language requiring fish to be labeled as wild or
farmed.
Locations and dates for the informational sessions include: Red Lion
Inn, PASCO, WASHINGTON - 2 May; Orange County Administration
Building, 201 South Rosalind, ORLANDO, FLORIDA - 14 May;
California EPA Headquarters, 1001 I Street, SACRAMENTO,
CALIFORNIA - 12 June; Southern University Agricultural Research &
Extension Center, BATON ROUGE, LOUISIANA - 19 June. For more
information, go to: http://www.ams.usda.gov/cool.
7:15/05. BAD NEWS FOR ENDANGERED SALMON, NOAA
HIRES TIMBER INDUSTRY LAWYER: In a move seen as a direct
affront to salmon conservation, the Tacoma News-Tribune reported on
11 April that Mark Rutzick has been appointed the Senior Adviser to the
General Counsel of the National Oceanic & Atmospheric Administration
(NOAA), the National Marine Fisheries Service's (NMFS) parent
agency. For more than a decade, Rutzick has worked as the lead attorney
for the timber industry in lawsuits seeking to reopen the Pacific
Northwest to logging. While working for the American Forest Resource
Council, Rutzick was involved with a 1992 lawsuit challenging a plan to
protect the northern spotted owl, a 1993 lawsuit challenging the listing
of the marbled murrelet, and the 1994 lawsuit challenging
implementation of the Northwest Forest Plan. When he was a Justice
Department lawyer in the 1980's he defended the Bonneville Power
Administration (BPA) in lawsuits involving the failed nuclear program
of the then Washington Public Power Supply System.
Rutzick's responsibilities now with NOAA/NMFS include managing
and recovering the 27 species of salmon protected under the Endangered
Species Act (ESA). Most recently Rutzick has been involved in secret
negotiations with the Bush administration over proposed changes in key
parts of the Northwest Forest Plan. The talks concern such areas as
aquatic conservation standard, which affect salmon habitat, and a
provision requiring federal land managers to "survey and manage" for
other endangered species. "Some of these discussions have taken part
under the guise of settlement discussions of pending industry-related
litigation," asserts Earthjustice, who filed a Freedom of Information Act
(FOIA) lawsuit in federal court in Seattle in response to the secret
negotiations. Rutzick hasn't had any comment on his connections to the
timber industry. To see the 11 April News-Tribune article by Les
Blumenthal, go to:
http://www.tribnet.com/news/government/story/2904079p-2939528c.ht
ml.
7:15/06. GOVERNMENT PROPOSES ACS CHANGE TO
UNDERMINE FISH PROTECTIONS IN NORTHWEST FORESTS:
On 2 April, the U.S. Forest Service and the U.S. Bureau of Land
Management (BLM) released a Draft Supplemental Environmental
Impact Statement (SEIS) proposing wording changes in the Record of
Decision for the Northwest Forest Plan's Aquatic Conservation Strategy
(ACS). The ACS works to provide buffers for salmon-bearing streams in
the Pacific Northwest and includes guidelines on how many trees loggers
may cut in certain watersheds and other provisions for the protection of
salmon watersheds. The agencies are seeking through the SEIS to amend
the 1994 Forest Plan to eliminate a requirement that the government
identify short-term or local impacts of timber projects on salmon-bearing
streams.
The proposed changes by the Bush Administration, however, would
only add to the problem faced in implementing the Northwest Forest
Plan. "The main problem with the draft rule is that they are no longer
going to be looking at individual projects' impact in the watershed, but
those exist nonetheless and those will now either be ignored or wished
away," said PCFFA's Glen Spain. "The goal set in the original ACS was
good science. If the agencies refuse to fund that science, they're creating
the very train wreck they're complaining of. The problem is, Congress
and the agencies don't want to do the monitoring that is necessary to
protect those resources so the strategy instead is to kill the messenger. If
there are delays in the process as a result of doing a poor job, the
solution is to do a better job."
The release of the SEIS came on the heels of a settlement in the
PCFFA v. NMFS case, brought in the late 1990's over the National
Marine Fisheries Service's (NMFS) failure to adhere to the Forest Plan,
specifically the ACS, when it issued biological opinions (BiOps) for
protecting the habitat of Oregon coastal coho salmon on logging
projects. Prior to agreeing to release 18 of 80 contested areas for logging,
the plaintiffs, with Forest Service assistance, conducted the
investigations NMFS failed to do. For more information, see the Robert
McClure article in the 3 April Seattle Post-Intelligencer at:
http://seattlepi.nwsource.com/local/115626_salmon03.shtml.
The deadline for comments on the Northwest Forest Plan Aquatic
Conservation Strategy SEIS is 10 July. For more information, go to the
ACS SEIS Information Center at: http://www.reo.gov/acs. For more
press articles on the ACS, go to:
http://www.columbian.com/04032003/clark_co/25719.html, and
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/10493
74951290280.xml, and
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2003/04/02
/state2028EST7332.DTL, and
http://www.publicbroadcasting.net/opb/news.newsmain?action=article&
ARTICLE_ID=477750, and
http://www.theolympian.com/home/news/20030403/northwest/35376.sh
tml, and
http://www.mailtribune.com/archive/2003/0403/local/stories/16local.ht
m.
7:15/07. LINES DRAWN IN CONTINUING STRUGGLE OVER
KLAMATH WATER: On 10 April, the U.S. Bureau of Reclamation
(BOR) issued its annual Klamath Project Operations Plan (Plan)
classifying this as a "dry" water year for the basin spanning parts of
southern Oregon and northern California. The Plan outlines BOR's
schedule for water allocations based on the National Resources
Conservation Service (NRCS) streamflow forecast for the basin. This
year's Plan hinges on a temporary water bank whereby BOR pays willing
irrigators to fallow their fields in order to decrease demand for
diversions (see Sublegals, 7:13/02). Counting reductions due to the
water bank, growers who continue to farm this year will receive more
water per acre than in any other similarly dry year since at least 1961.
However, even with the 50,000 acre-feet reserved for the water bank (up
from 30,000 acre-feet in 2002), fish and wildlife stand to receive less
water than the best available science says they need. Water levels in
Upper Klamath Lake will be reduced to levels dangerous to the
Endangered Species Act (ESA)-listed Lost River and shortnosed suckers
found there. Flows released at Iron Gate Dam will be consistently below
targets recommended by the 2002-2012 National Marine Fisheries
Service (NMFS) Coho Biological Opinion (BiOp). Federally managed
wetlands in the basin, which are critical for many migratory birds, will
receive only 22,000 acre-feet of water compared to the 1961 - 2002 "dry
year" average of 42,000 acre-feet.
"What is most disappointing is that in spite of years now of ongoing
federal water crises throughout the basin, so little has changed,"
PCFFA's Glen Spain said responding to release of the Plan. "Federal
mismanagement put both farmers and fishermen into this mess by
promising too many irrigators water that was never really there." Within
the region even representatives of agricultural interests were expressing
concerns that the planned allocations may not meet the needs of all
users. "The combination of the water bank, efficient water management
and some help from Mother Nature will all be needed to get us through
this whole," said the Klamath Water Users Association's (KUWA) Dan
Keppen.
In response to the ongoing Klamath crisis, U.S. Representatives Mike
Thompson (D-CA) and Earl Blumenauer (D-OR), introduced on 10
April Congressional legislation, H.R. 1760, the "Klamath River Basin
Restoration & Emergency Assistance Act," aimed at providing $200
million for large-scale water conservation efforts and economic aid to
communities affected by last fall's massive fish kill. In another
development, American Rivers on 10 April released its 18th annual
report titled, America's Most Endangered Rivers. This year's report lists
the Klamath River as the second-most endangered river based on a
nation-wide survey of rivers reaching "crucial crossroads" over the next
12 moths. According to the report, "The federal Bureau of Reclamation
is irresponsibly maximizing irrigation in the Klamath River basin,
depleting the river, wreaking havoc on imperiled fish and wildlife, and
imposing tremendous hardships on Native American and Fishing
Communities."
With so much doubt being raised about this year's Plan, BOR is
undoubtedly pleased with news of U.S. District Court Judge Oliver W.
Wanger's ruling allowing up to 50,000 acre-feet of water from the
Trinity River, a major Klamath tributary, to be made available during the
later summer if needed to prevent another fish kill (see Sublegals,
7/14:05). Unfortunately, substantial flows from the Trinity last
September weren't enough to prevent the kill of over 33,000 salmon.
For more, see the Eureka Times-Standard article:
http://www.times-standard.com/Stories/0,1413,127%257E2896%257E1
318797,00.html, or Salem Statesman Journal:
http://news.statesmanjournal.com/article.cfm?i=59791, or San Francisco
Chronicle:
http://www.sfgate.com/cgibin/article.cgi?file=/news/archive/2003/04/10/
national1738EDT0799.DTL. For the American Rivers report, go to:
http://www.americanrivers.org/mostendangered/2003.htm.
7:15/08. SNAKE RIVER ALSO ON 10 MOST ENDANGERED
RIVERS LIST: In addition to the Klamath River's listing as the nation's
second most threatened river on American River's annual list of
imperiled U.S. waterways (see 7:15/07 above), the Snake, another west
coast salmon river, made the list too. American Rivers listed a change in
dam operations in the river, coupled with the failure by the Clinton
Administration to remove that river's lower four dams, as the basis for
the major tributary of the Columbia being named among the top 10 most
imperiled rivers. For more, see the 10 April Seattle Post-Intelligencer
article at: http://seattlepi.nwsource.com/local/116794_salm10.html, and
the San Francisco Chronicle at:
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/
2003/04/10/BA262434.DTL.
7:15/09. ENERGY BILLS A MIXED BAG FOR FISHERIES,
HOUSE APPROVES LANGUAGE UPHOLDING OFFSHORE OIL
DRILLING MORATORIUM: On Friday, 11 April, the U.S. House of
Representatives approved language in this year's Energy Bill to strike a
provision that would have allowed exploration by the oil industry in
federal waters of the Outer Continental Shelf (OCS), including
California, the Pacific Northwest, Bristol Bay, the west coast of Florida
and Georges Bank, all currently under a Congressional and Presidential
Executive Order moratorium (see Sublegals, 7:14/01). The amendment
to stop the exploration and uphold the moratorium was offered by U.S.
Representatives Lois Capps (D-CA), Richard Pombo (R-CA), Jeff Miller
(R-FL) and Jim Davis (R-FL). "Today's action protects America's shores
and beaches, which is good new for tourism and fishing industries," said
Environmental Defense's Richard Charter, who coordinated opposition
to the exploration proposal. "Keeping the offshore drilling moratorium in
place will preserve America's coast for future generations."
The Senate bill, however, still contains language authorizing
exploration, including seismic surveys, for the moratorium areas. On 9
April in mark-up, the Senate Energy Committee rejected an amendment
offered by U.S. Senators Dianne Feinstein (C-CA), Bob Graham (D-FL),
Ron Wyden (D-OR), and Maria Cantwell (D-WA) that would have
exempted the OCS moratorium areas from the Section 105 "inventory"
of potential hydrocarbon resources using seismic geophysical survey
ships and other technologies. The Senate, however, has passed a ban on
drilling in the Arctic National Wildlife Refuge, while the House version
of the Energy Bill approves such development. A bipartisan amendment
authored by Representatives John Dingell (D-MI) and Sherwood
Boehlert (R-NY) designed to fix the problematic Hydro Title (Title III)
of the House Energy Bill was also rejected. Title III of HR 6 would make
licensing of hydropower projects slower and more complex, cut the
public out of the process, and undermine the "the key fish protection
provisions of current law." The bill shifts the balance of power in
hydropower relicensings in favor of dam owners and against rivers and
fisheries. "The Dingell/Boelert amendment would have established a
fair, balanced alternative process for determining fish and wildlife
conservation provisions at hydro dams. Last year it was supported by
conservationists, the hydropower industry, the Energy & Commerce
Committee, and the House of Representatives. It should have at least
been allowed to be considered by the House this year," said Trout
Unlimited's Steve Moyer.
Other problems in the House and Senate versions of the Energy Bill
include language to: 1) grant unilateral permitting authority to the
Secretary of Interior for all offshore wind energy, wave energy, and
Liquified Natural Gas (LNG) facilities within the 200-mile Exclusive
Economic Zone (EEZ); 2) grant OCS revenue sharing with incentives to
coastal states to accept new OCS leasing and offshore drilling closer to
shore; and 3) grant royalty forgiveness for oil companies drilling in
deeper waters off of Alaska. For more information, e-mail
Environmental Defense's Richard Charter at: waterway@monitor.net, or
Trout Unlimited's Alan Moore at: amoore@tu.org.
7:15/10. CALIFORNIA SUES MAJOR RESTAURANTS FOR
FAILING TO POST MERCURY WARNINGS FOR CERTAIN FISH:
The San Jose Mercury-News reported that California Attorney General
Bill Lockyer on 10 April filed suit against 16 restaurant companies for
serving swordfish, tuna and shark that may contain high levels of
mercury. Some of the restaurants and companies named include the
Cheesecake Factory, P.F. Chang's China Bistro, Kimpton Hotel &
Restaurant Group, Red Lobster, Olive Garden, Chili's, Macaroni Grill,
Outback Steakhouse, Roy's, Morton's, Chart House, Bennigan's,
Benihana's and McCormick & Schmick Management Group.
The lawsuits against the restaurants, following on those against major
retailers in January (see Sublegals, 7:14/07; 7:06/06), were filed in Los
Angeles and San Francisco after restaurant fish samples were found
having mercury levels exceeding those allowed under Proposition 65, the
California Safe Drinking Water & Enforcement Act of 1986. A day
before the Attorney General's action, the Associated Press reported
federal health officials as studying which fish and how much of them are
eaten by women of childbearing age. "While very nutritious, fish harbor
mercury, a metal that accumulates in the bodies of fish-eaters and can
damage the growing brains of fetuses and young children," said the AP
article. "Some varieties of fish have more mercury than others.... About
8 percent of U.S. women of childbearing age have enough mercury in
their blood to put a fetus at risk, the Centers for Disease Control &
Prevention and Food & Drug Administration calculated last summer .....
[T]hat number could drop to about 1 percent if women followed the
FDA's existing advice on avoiding fish that contain high levels of
mercury..... In 2001, FDA advised women who were pregnant or could
become pregnant not to eat shark, swordfish, king mackerel and tilefish,
the species with the most mercury." To see the 11 April San Jose
Mercury-News article, go to:
http://www.bayarea.com/mld/mercurynews/news/local/5609687.htm.
7:15/11. EARTH DAY EVENTS 2003 - "TO EAT OR NOT TO
EAT": That is the question posed
by San Francisco's Aquarium of the Bay Earth Day Celebration. The
aquarium is holding a two-day event to raise seafood awareness. Bay
Area experts from the Farallon Marine Sanctuary Association, Habitat
Media, the Marine Stewardship Council and PCFFA will explain which
seafood choices are best for the environment. Family activities are
scheduled from 1000-2000 HRS on Saturday, 19 April and an evening
seafood reception will be held, Tuesday, the 22nd from 1800-2200 HRS.
Saturday's events include fishing boat tours, coloring contests and "Pick
the Best Fish." On Tuesday evening, Farallon Restaurant Chef Mark
Franz will prepare responsibly caught seafood hors d'oeuvres and share
cooking secrets at the Aquarium. Guests will be able to sample seafood
with complimentary wine. Additional information on sustainable
seafood will be available during the cocktail reception, including a talk
by IFR's Natasha Benjamin. Tickets are $25 per person. For more
information, go to: www.aquariumofthebay.com.
Paying Attention? The House and Senate Energy Bills are now being
debated in the U.S. Congress. Which of the following is one of the
problems for fish being faced in the bills:
A) The Senate version would substitute drilling Bristol Bay for leaving
ANWR alone.
B) Both bills provide prisons a special power rate if they reinstate
execution by electrocution.
C) The House version eliminates key fish protections in its hydropower
title.
D) Both bills allow drilling in OCS moratorium areas by oil companies
for "scientific research."
E-Mail your answer to "Editor" at: sublegals@ifrfish.org.
And the Winner is.........QUENTIN DODD, who correctly answered
last week's question of what "paper water" refers to as: D) An idea that
allows farmers to "sell" the water they receive back to the government.
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 Sara Randall, 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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A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT=
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LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES <BR=
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AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S<BR>
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ASSOCIATIONS<BR>
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VOL. 07, NO. 15 =
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11 APRIL 2003<BR>
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"The truth generally involves a great deal of ambiguity, and in times of<BR>
war, ambiguity and paradox are the first things to go. People want<BR>
simple black-and-white answers."...Andre Gregory<BR>
##########################################################<BR>
IN THIS ISSUE.......<BR>
<BR>
PFMC Finishes Week of Meetings Recommending <BR>
Best Salmon Season in 15 Years. 7:15/01<BR>
<BR>
Organic Labeling For Wild Fish Tied to Wartime <BR>
Appropriations Bill to Stem Farm Fish Invasion. 7:15/03<BR>
<BR>
Forest Service, BLM Seek Changes to ACS to <BR>
Undermine Fish Protection in National Forests. 7:15/06 <BR>
<BR>
Klamath Named Nation's Second Most Endangered <BR>
River as BOR Declares "Dry Year." 7:15/07<BR>
<BR>
House Approves Amendment to Energy Bill Keeping <BR>
OCS Drilling Moratorium Intact. 7:15/09<BR>
<BR>
AND MORE...... <BR>
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<BR>
7:15/01. PFMC FINISHES UP MEETING RECOMMENDING<BR>
BEST SALMON SEASON IN 15 YEARS: The Pacific Fishery<BR>
Management Council (PFMC) finished its week-long meeting on Friday,<BR>
11 April, in Vancouver, Washington (see Sublegals, 7:13/06)<BR>
recommending that the U.S. Department of Commerce adopt the least<BR>
restrictive ocean salmon seasons for the Pacific Coast in 15 years (see<BR>
Sublegals, 7:11/01). Briefly, the season structure includes a 64,000<B=
R>
chinook and 75,000 coho commercial quota for North of Cape Falcon<BR>
(Columbia River); and the 15 March opener for Oregon (the season has<BR>
been open nearly a month), with the state open in most areas and most of<BR>
the time through October. For California, from Eureka north it's a<BR>
September only fishery on a 10, 000 chinook quota. The big news is for<BR>
Fort Bragg, once the largest ocean salmon port on the coast, which will<BR>
have its best season structure since 1988 with a May fishery, 26 days in<BR>
July and all of August and September. The proposed regulatory<BR>
structure is also good news for Bodega Bay, which has suffered closures<BR>
during past seasons, with a commercial season south of Point Arena to<BR>
the Mexican Border opening May Day and extending straight through<BR>
September. There is also a 1-17 October extended season between Point<BR>
Reyes and Pedro Point (a portion of the Gulf of the Farallones) targeting<BR=
>
abundant Sacramento fall-run chinook. The season structure should also=
<BR>
assist marketing efforts by avoiding mid-season closures along most of<BR>
the coast, thereby maintaining a constant flow of fish to the market. =20=
<BR>
<BR>
The reasons for the liberalized seasons are two-fol=
d. First, the stocks<BR>
have been abundant owing to average to above-average rainfall three and<BR>
four years ago when they were smolts (i.e., higher flows in rivers), good<BR=
>
oceanic conditions (cold with good upwellings), coupled with in-river<BR>
habitat improvements. Second, the PFMC adopted last year a more<BR>
accurate model for developing management measures. The PCFFA<BR>
Salmon Team, that included Duncan MacLean, Barbara Emley, Dave<BR>
Bitts and Chuck Wise, worked extensively with state and federal fishery<BR>
managers to develop the season structure aimed at providing the best<BR>
possible fishing opportunities while fully meeting conservation<BR>
requirements to protect Endangered Species Act (ESA) listed and at-risk<BR>
stocks. There will be more news on the PFMC meeting in the next issue<=
BR>
of Sublegals. For more information, go to the PFMC website at:<BR>
www.pcouncil.org. <BR>
<BR>
7:15/02. SALMON STAMP BROCHURE HIGHLIGHTS<BR>
CALIFORNIA RESTORATION EFFORTS: The California Salmon<BR>
Trollers Advisory Committee ("Salmon Stamp Committee") has released<BR>
its latest brochure highlighting the salmon restoration programs that have<B=
R>
been funded by that state's commercial salmon stamp program. <BR>
<BR>
The 23-page publication was produced by the Califor=
nia Salmon<BR>
Council, under contract to the Stamp Committee, and is dedicated to the<BR>
memory of the late Nat Bingham, who chaired the Committee in its early<BR>
days and spent much of his fishing career working to restore habitats and<BR=
>
flows to rebuild west coast salmon runs. The stamp program is funded<B=
R>
mainly by a stamp required of every California licensed commercial<BR>
salmon fisherman, along with crew aboard charter recreational vessels. It<BR=
>
also receives some funds from court settlements and bequests. The<BR>
salmon stamp has been used to directly fund enhancement and habitat<BR>
restoration programs as well as provide "seed" money to garner other<BR>
state and federal funds. The brochure highlights the work of the<BR>
program. Copies of the brochure are available from the PCFFA/IFR<BR>
offices, as well as select California Department of Fish & Game (CDFG)<B=
R>
offices. For more information, contact Sara Randall at:<BR>
sublegals@ifrfish.org.<BR>
<BR>
7:15/03. ORGANIC LABELING VICTORY FOR POULTRY AND<B=
R>
WILD SALMON PRODUCERS IN SENATE WARTIME<BR>
APPROPRIATIONS BILL: On 8 April, Seafood.Com News reported<BR>
that U.S. Senator Ted Stevens (R-AK) succeeded in inserting a<BR>
"managers amendment" to S. 762, the Wartime Supplemental<BR>
Appropriations Bill, to 1) reverse language from the Omnibus Fiscal<BR>
2003 Appropriations bill that loosened regulations on organic poultry<BR>
and 2) add language to clear the way for wild salmon and other<BR>
wild-caught marine fish products to be labeled as 'organic' foods for<BR>
marketing purposes. The strengthening language on organic poultry was<BR>
requested by organic growers who sought to overturn language passed<BR>
earlier by Congress allowing chicken fed non-organic feed to be labeled<BR>
as organic if no organic feed sources were available. Organic poultry<BR>
producers were concerned that the weakening language, inserted by U.S.<BR>
Representative Nathan Deal (R-GA) on behalf of a southern U.S.<BR>
chicken grower and attached as a rider to the fiscal FY 2003 bill, would<BR>
undercut consumer confidence in chicken labeled as organic. The<BR>
language in S. 762, to strengthen standards for the organic labeling of<BR>
poultry, was requested by U.S. Senators Patrick Leahy (D-VT) and Tom<BR>
Harkin (D-IA); both Leahy and Harkin also agreed to Stevens' language<BR>
for organic wild fish. <BR>
<BR>
"Stevens has been working for several years to have=
Alaska salmon<BR>
and other wild-caught fish labeled as organic," reported Seafood.Com.<BR>
"In his fiscal 2000 request, he added $75,000 to the Agriculture<BR>
Department (USDA) budget for public hearings to ensure that salmon<BR>
would be included in federal organic standards that took effect that<BR>
year." However, in October 2001, the USDA's National Organic<BR>
Standards Board (NOSB) voted against developing rules to allow fish<BR>
harvested from the wild to be labeled "organic" (see Sublegals, 4:16/08;<BR>
4:14/06; 4:13/07; 3:22/05; 2:25/07; 1:15/08). Ironically, while denying<BR>
wild fish the opportunity to be labeled "organic," the NOSB would still<BR>
have permitted farmed fish to get an organic label. <BR>
<BR>
PCFFA Executive Director Zeke Grader, who served on=
a national<BR>
panel to advise the NOSB, voiced his support for Stevens' amendment. <BR>
Grader had recommended an "organic equivalent" label to apply to all<BR>
aquatic species meeting specified criteria (similar to that for organic<BR>
produce), but that was rejected by the panel. "The current standards a=
s<BR>
they apply to fish are a travesty," said Grader. "They allow farmed fish,<BR=
>
the very antithesis of organic, to qualify but deny the label to wild fish<B=
R>
grown in pristine environments because they were not captive. At the<B=
R>
same time, honey made by bees from the wild can be labeled as organic. <BR>
The Stevens' language, thankfully, gets rid of this organic<BR>
double-standard." Grader went on to say the wartime appropriations bil=
l<BR>
was an appropriate vehicle for this language "aimed at stemming the<BR>
invasion of farmed fish." For more information on the organic language=
,<BR>
e-mail Senator Stevens' office at: senator_stevens@stevens.senate.gov. <BR>
<BR>
7:15/04. USDA SCHEDULES INFORMATION SESSIONS ON<BR>
COUNTRY OF ORIGIN LABELING: On 1 April, the U.S. Department<BR>
of Agriculture's (USDA) Agricultural Marketing Service announced<BR>
dates and locations for its information sessions on the Country of Origin<BR=
>
Labeling law included in the 2002 Farm Bill (see Sublegals, 7:14/14;<BR>
5:19/06; 5:17/04; 5:08/03; 5:07/06). The country of origin labeling<BR>
provision was inserted in the Farm Bill by U.S. Senator Ted Stevens<BR>
(R-AK) together with language requiring fish to be labeled as wild or<BR>
farmed. <BR>
<BR>
Locations and dates for the informational sessions=20=
include: Red Lion<BR>
Inn, PASCO, WASHINGTON - 2 May; Orange County Administration<BR>
Building, 201 South Rosalind, ORLANDO, FLORIDA - 14 May;<BR>
California EPA Headquarters, 1001 I Street, SACRAMENTO,<BR>
CALIFORNIA - 12 June; Southern University Agricultural Research &<BR>
Extension Center, BATON ROUGE, LOUISIANA - 19 June. For more<BR>
information, go to: http://www.ams.usda.gov/cool.<BR>
<BR>
7:15/05. BAD NEWS FOR ENDANGERED SALMON, NOAA<BR>
HIRES TIMBER INDUSTRY LAWYER: In a move seen as a direct<BR>
affront to salmon conservation, the Tacoma News-Tribune reported on<BR>
11 April that Mark Rutzick has been appointed the Senior Adviser to the<BR>
General Counsel of the National Oceanic & Atmospheric Administration<BR>
(NOAA), the National Marine Fisheries Service's (NMFS) parent<BR>
agency. For more than a decade, Rutzick has worked as the lead attorney<BR>
for the timber industry in lawsuits seeking to reopen the Pacific<BR>
Northwest to logging. While working for the American Forest Resource<BR>
Council, Rutzick was involved with a 1992 lawsuit challenging a plan to<BR>
protect the northern spotted owl, a 1993 lawsuit challenging the listing<BR>
of the marbled murrelet, and the 1994 lawsuit challenging<BR>
implementation of the Northwest Forest Plan. When he was a Justice<BR>
Department lawyer in the 1980's he defended the Bonneville Power<BR>
Administration (BPA) in lawsuits involving the failed nuclear program<BR>
of the then Washington Public Power Supply System.<BR>
<BR>
Rutzick's responsibilities now with NOAA/NMFS include man=
aging<BR>
and recovering the 27 species of salmon protected under the Endangered<BR>
Species Act (ESA). Most recently Rutzick has been involved in secret<BR>
negotiations with the Bush administration over proposed changes in key<BR>
parts of the Northwest Forest Plan. The talks concern such areas as<BR>
aquatic conservation standard, which affect salmon habitat, and a<BR>
provision requiring federal land managers to "survey and manage" for<BR>
other endangered species. "Some of these discussions have taken part<BR>
under the guise of settlement discussions of pending industry-related<BR>
litigation," asserts Earthjustice, who filed a Freedom of Information Act<BR=
>
(FOIA) lawsuit in federal court in Seattle in response to the secret<BR>
negotiations. Rutzick hasn't had any comment on his connections to the<BR>
timber industry. To see the 11 April News-Tribune article by Les<BR>
Blumenthal, go to:<BR>
http://www.tribnet.com/news/government/story/2904079p-2939528c.ht<BR>
ml. <BR>
<BR>
7:15/06. GOVERNMENT PROPOSES ACS CHANGE TO<BR>
UNDERMINE FISH PROTECTIONS IN NORTHWEST FORESTS:<BR>
On 2 April, the U.S. Forest Service and the U.S. Bureau of Land<BR>
Management (BLM) released a Draft Supplemental Environmental<BR>
Impact Statement (SEIS) proposing wording changes in the Record of<BR>
Decision for the Northwest Forest Plan's Aquatic Conservation Strategy<BR>
(ACS). The ACS works to provide buffers for salmon-bearing streams in<BR>
the Pacific Northwest and includes guidelines on how many trees loggers<BR>
may cut in certain watersheds and other provisions for the protection of<BR>
salmon watersheds. The agencies are seeking through the SEIS to amend<BR>
the 1994 Forest Plan to eliminate a requirement that the government<BR>
identify short-term or local impacts of timber projects on salmon-bearing<BR=
>
streams. <BR>
<BR>
The proposed changes by the Bush Administration, ho=
wever, would<BR>
only add to the problem faced in implementing the Northwest Forest<BR>
Plan. "The main problem with the draft rule is that they are no longer<BR>
going to be looking at individual projects' impact in the watershed, but<BR>
those exist nonetheless and those will now either be ignored or wished<BR>
away," said PCFFA's Glen Spain. "The goal set in the original ACS was<BR>
good science. If the agencies refuse to fund that science, they're creating<=
BR>
the very train wreck they're complaining of. The problem is, Congress<BR>
and the agencies don't want to do the monitoring that is necessary to<BR>
protect those resources so the strategy instead is to kill the messenger. If=
<BR>
there are delays in the process as a result of doing a poor job, the<BR>
solution is to do a better job."<BR>
<BR>
The release of the SEIS came on the heels of a sett=
lement in the<BR>
PCFFA v. NMFS case, brought in the late 1990's over the National<BR>
Marine Fisheries Service's (NMFS) failure to adhere to the Forest Plan,<BR>
specifically the ACS, when it issued biological opinions (BiOps) for<BR>
protecting the habitat of Oregon coastal coho salmon on logging<BR>
projects. Prior to agreeing to release 18 of 80 contested areas for logging,=
<BR>
the plaintiffs, with Forest Service assistance, conducted the<BR>
investigations NMFS failed to do. For more information, see the Robert<BR>
McClure article in the 3 April Seattle Post-Intelligencer at:<BR>
http://seattlepi.nwsource.com/local/115626_salmon03.shtml.<BR>
<BR>
The deadline for comments on the Northwest Forest P=
lan Aquatic<BR>
Conservation Strategy SEIS is 10 July. For more information, go to the<BR>
ACS SEIS Information Center at: http://www.reo.gov/acs. For more<BR>
press articles on the ACS, go to:<BR>
http://www.columbian.com/04032003/clark_co/25719.html, and<BR>
http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/10493<BR>
74951290280.xml, and<BR>
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/news/archive/2003/04/02<BR=
>
/state2028EST7332.DTL, and<BR>
http://www.publicbroadcasting.net/opb/news.newsmain?action=3Darticle&<BR=
>
ARTICLE_ID=3D477750, and<BR>
http://www.theolympian.com/home/news/20030403/northwest/35376.sh<BR>
tml, and<BR>
http://www.mailtribune.com/archive/2003/0403/local/stories/16local.ht<BR>
m. <BR>
<BR>
7:15/07. LINES DRAWN IN CONTINUING STRUGGLE O=
VER<BR>
KLAMATH WATER: On 10 April, the U.S. Bureau of Reclamation<BR>
(BOR) issued its annual Klamath Project Operations Plan (Plan)<BR>
classifying this as a "dry" water year for the basin spanning parts of<BR>
southern Oregon and northern California. The Plan outlines BOR's<BR>
schedule for water allocations based on the National Resources<BR>
Conservation Service (NRCS) streamflow forecast for the basin. This<BR=
>
year's Plan hinges on a temporary water bank whereby BOR pays willing<BR>
irrigators to fallow their fields in order to decrease demand for<BR>
diversions (see Sublegals, 7:13/02). Counting reductions due to the<BR=
>
water bank, growers who continue to farm this year will receive more<BR>
water per acre than in any other similarly dry year since at least 1961.<BR>
However, even with the 50,000 acre-feet reserved for the water bank (up<BR>
from 30,000 acre-feet in 2002), fish and wildlife stand to receive less<BR>
water than the best available science says they need. Water levels in<=
BR>
Upper Klamath Lake will be reduced to levels dangerous to the<BR>
Endangered Species Act (ESA)-listed Lost River and shortnosed suckers<BR>
found there. Flows released at Iron Gate Dam will be consistently belo=
w<BR>
targets recommended by the 2002-2012 National Marine Fisheries<BR>
Service (NMFS) Coho Biological Opinion (BiOp). Federally managed<BR>
wetlands in the basin, which are critical for many migratory birds, will<BR>
receive only 22,000 acre-feet of water compared to the 1961 - 2002 "dry<BR>
year" average of 42,000 acre-feet.<BR>
<BR>
"What is most disappointing is that in spite of yea=
rs now of ongoing<BR>
federal water crises throughout the basin, so little has changed,"<BR>
PCFFA's Glen Spain said responding to release of the Plan. "Federal<BR=
>
mismanagement put both farmers and fishermen into this mess by<BR>
promising too many irrigators water that was never really there." With=
in<BR>
the region even representatives of agricultural interests were expressing<BR=
>
concerns that the planned allocations may not meet the needs of all<BR>
users. "The combination of the water bank, efficient water management<=
BR>
and some help from Mother Nature will all be needed to get us through<BR>
this whole," said the Klamath Water Users Association's (KUWA) Dan<BR>
Keppen.<BR>
<BR>
In response to the ongoing Klamath crisis, U.S. Rep=
resentatives Mike<BR>
Thompson (D-CA) and Earl Blumenauer (D-OR), introduced on 10<BR>
April Congressional legislation, H.R. 1760, the "Klamath River Basin<BR>
Restoration & Emergency Assistance Act," aimed at providing $200<B=
R>
million for large-scale water conservation efforts and economic aid to<BR>
communities affected by last fall's massive fish kill. In another<BR>
development, American Rivers on 10 April released its 18th annual<BR>
report titled, America's Most Endangered Rivers. This year's report li=
sts<BR>
the Klamath River as the second-most endangered river based on a<BR>
nation-wide survey of rivers reaching "crucial crossroads" over the next<BR>
12 moths. According to the report, "The federal Bureau of Reclamation<=
BR>
is irresponsibly maximizing irrigation in the Klamath River basin,<BR>
depleting the river, wreaking havoc on imperiled fish and wildlife, and<BR>
imposing tremendous hardships on Native American and Fishing<BR>
Communities."<BR>
<BR>
With so much doubt being raised about this year's P=
lan, BOR is<BR>
undoubtedly pleased with news of U.S. District Court Judge Oliver W.<BR>
Wanger's ruling allowing up to 50,000 acre-feet of water from the<BR>
Trinity River, a major Klamath tributary, to be made available during the<BR=
>
later summer if needed to prevent another fish kill (see Sublegals,<BR>
7/14:05). Unfortunately, substantial flows from the Trinity last<BR>
September weren't enough to prevent the kill of over 33,000 salmon. <BR>
For more, see the Eureka Times-Standard article:<BR>
http://www.times-standard.com/Stories/0,1413,127%257E2896%257E1<BR>
318797,00.html, or Salem Statesman Journal:<BR>
http://news.statesmanjournal.com/article.cfm?i=3D59791, or San Francisco<BR>
Chronicle:<BR>
http://www.sfgate.com/cgibin/article.cgi?file=3D/news/archive/2003/04/10/<BR=
>
national1738EDT0799.DTL. For the American Rivers report, go to:<BR>
http://www.americanrivers.org/mostendangered/2003.htm. <BR>
<BR>
7:15/08. SNAKE RIVER ALSO ON 10 MOST ENDANGERED<BR>
RIVERS LIST: In addition to the Klamath River's listing as the nation's<BR>
second most threatened river on American River's annual list of<BR>
imperiled U.S. waterways (see 7:15/07 above), the Snake, another west<BR>
coast salmon river, made the list too. American Rivers listed a change in<BR=
>
dam operations in the river, coupled with the failure by the Clinton<BR>
Administration to remove that river's lower four dams, as the basis for<BR>
the major tributary of the Columbia being named among the top 10 most<BR>
imperiled rivers. For more, see the 10 April Seattle Post-Intelligence=
r<BR>
article at: http://seattlepi.nwsource.com/local/116794_salm10.html, and<BR>
the San Francisco Chronicle at:<BR>
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/<BR>
2003/04/10/BA262434.DTL. <BR>
<BR>
7:15/09. ENERGY BILLS A MIXED BAG FOR FISHERI=
ES,<BR>
HOUSE APPROVES LANGUAGE UPHOLDING OFFSHORE OIL<BR>
DRILLING MORATORIUM: On Friday, 11 April, the U.S. House of<BR>
Representatives approved language in this year's Energy Bill to strike a<BR>
provision that would have allowed exploration by the oil industry in<BR>
federal waters of the Outer Continental Shelf (OCS), including<BR>
California, the Pacific Northwest, Bristol Bay, the west coast of Florida<BR=
>
and Georges Bank, all currently under a Congressional and Presidential<BR>
Executive Order moratorium (see Sublegals, 7:14/01). The amendment<BR>
to stop the exploration and uphold the moratorium was offered by U.S.<BR>
Representatives Lois Capps (D-CA), Richard Pombo (R-CA), Jeff Miller<BR>
(R-FL) and Jim Davis (R-FL). "Today's action protects America's shores=
<BR>
and beaches, which is good new for tourism and fishing industries," said<BR>
Environmental Defense's Richard Charter, who coordinated opposition<BR>
to the exploration proposal. "Keeping the offshore drilling moratorium in<BR=
>
place will preserve America's coast for future generations." <BR>
<BR>
The Senate bill, however, still contains language a=
uthorizing<BR>
exploration, including seismic surveys, for the moratorium areas. On 9<BR>
April in mark-up, the Senate Energy Committee rejected an amendment<BR>
offered by U.S. Senators Dianne Feinstein (C-CA), Bob Graham (D-FL),<BR>
Ron Wyden (D-OR), and Maria Cantwell (D-WA) that would have<BR>
exempted the OCS moratorium areas from the Section 105 "inventory"<BR>
of potential hydrocarbon resources using seismic geophysical survey<BR>
ships and other technologies. The Senate, however, has passed a ban on<BR>
drilling in the Arctic National Wildlife Refuge, while the House version<BR>
of the Energy Bill approves such development. A bipartisan amendment<B=
R>
authored by Representatives John Dingell (D-MI) and Sherwood<BR>
Boehlert (R-NY) designed to fix the problematic Hydro Title (Title III)<BR>
of the House Energy Bill was also rejected. Title III of HR 6 would make<BR>
licensing of hydropower projects slower and more complex, cut the<BR>
public out of the process, and undermine the "the key fish protection<BR>
provisions of current law." The bill shifts the balance of power in<BR=
>
hydropower relicensings in favor of dam owners and against rivers and<BR>
fisheries. "The Dingell/Boelert amendment would have established a<BR>
fair, balanced alternative process for determining fish and wildlife<BR>
conservation provisions at hydro dams. Last year it was supported by<BR>
conservationists, the hydropower industry, the Energy & Commerce<BR>
Committee, and the House of Representatives. It should have at least<BR>
been allowed to be considered by the House this year," said Trout<BR>
Unlimited's Steve Moyer.<BR>
<BR>
Other problems in the House and Senate versions of the En=
ergy Bill<BR>
include language to: 1) grant unilateral permitting authority to the<BR>
Secretary of Interior for all offshore wind energy, wave energy, and<BR>
Liquified Natural Gas (LNG) facilities within the 200-mile Exclusive<BR>
Economic Zone (EEZ); 2) grant OCS revenue sharing with incentives to<BR>
coastal states to accept new OCS leasing and offshore drilling closer to<BR>
shore; and 3) grant royalty forgiveness for oil companies drilling in<BR>
deeper waters off of Alaska. For more information, e-mail<BR>
Environmental Defense's Richard Charter at: waterway@monitor.net, or<BR>
Trout Unlimited's Alan Moore at: amoore@tu.org. <BR>
<BR>
7:15/10. CALIFORNIA SUES MAJOR RESTAURANTS FO=
R<BR>
FAILING TO POST MERCURY WARNINGS FOR CERTAIN FISH: <BR>
The San Jose Mercury-News reported that California Attorney General<BR>
Bill Lockyer on 10 April filed suit against 16 restaurant companies for<BR>
serving swordfish, tuna and shark that may contain high levels of<BR>
mercury. Some of the restaurants and companies named include the<BR>
Cheesecake Factory, P.F. Chang's China Bistro, Kimpton Hotel &<BR>
Restaurant Group, Red Lobster, Olive Garden, Chili's, Macaroni Grill,<BR>
Outback Steakhouse, Roy's, Morton's, Chart House, Bennigan's,<BR>
Benihana's and McCormick & Schmick Management Group.<BR>
<BR>
The lawsuits against the restaurants, following on=20=
those against major<BR>
retailers in January (see Sublegals, 7:14/07; 7:06/06), were filed in Los<BR=
>
Angeles and San Francisco after restaurant fish samples were found<BR>
having mercury levels exceeding those allowed under Proposition 65, the<BR>
California Safe Drinking Water & Enforcement Act of 1986. A day<BR=
>
before the Attorney General's action, the Associated Press reported<BR>
federal health officials as studying which fish and how much of them are<BR>
eaten by women of childbearing age. "While very nutritious, fish harbor<BR>
mercury, a metal that accumulates in the bodies of fish-eaters and can<BR>
damage the growing brains of fetuses and young children," said the AP<BR>
article. "Some varieties of fish have more mercury than others.... Abo=
ut<BR>
8 percent of U.S. women of childbearing age have enough mercury in<BR>
their blood to put a fetus at risk, the Centers for Disease Control &<BR=
>
Prevention and Food & Drug Administration calculated last summer ..... <=
BR>
[T]hat number could drop to about 1 percent if women followed the<BR>
FDA's existing advice on avoiding fish that contain high levels of<BR>
mercury..... In 2001, FDA advised women who were pregnant or could<BR>
become pregnant not to eat shark, swordfish, king mackerel and tilefish,<BR>
the species with the most mercury." To see the 11 April San Jose<BR>
Mercury-News article, go to:<BR>
http://www.bayarea.com/mld/mercurynews/news/local/5609687.htm.<BR>
<BR>
7:15/11. EARTH DAY EVENTS 2003 - "TO EAT OR N=
OT TO<BR>
EAT": That is the question posed<BR>
by San Francisco's Aquarium of the Bay Earth Day Celebration. The<BR>
aquarium is holding a two-day event to raise seafood awareness. Bay<BR=
>
Area experts from the Farallon Marine Sanctuary Association, Habitat<BR>
Media, the Marine Stewardship Council and PCFFA will explain which<BR>
seafood choices are best for the environment. Family activities are<BR>
scheduled from 1000-2000 HRS on Saturday, 19 April and an evening<BR>
seafood reception will be held, Tuesday, the 22nd from 1800-2200 HRS.<BR>
Saturday's events include fishing boat tours, coloring contests and "Pick<BR=
>
the Best Fish." On Tuesday evening, Farallon Restaurant Chef Mark<BR>
Franz will prepare responsibly caught seafood hors d'oeuvres and share<BR>
cooking secrets at the Aquarium. Guests will be able to sample seafood<BR>
with complimentary wine. Additional information on sustainable<BR>
seafood will be available during the cocktail reception, including a talk<BR=
>
by IFR's Natasha Benjamin. Tickets are $25 per person. For more<BR>
information, go to: www.aquariumofthebay.com.<BR>
<BR>
Paying Attention? The House and Senate Energy Bills are now being<BR>
debated in the U.S. Congress. Which of the following is one of the<BR>
problems for fish being faced in the bills: <BR>
<BR>
A) The Senate version would substitute drilling Bristol Bay for leaving<BR>
ANWR alone.<BR>
B) Both bills provide prisons a special power rate if they reinstate<BR>
execution by electrocution.<BR>
C) The House version eliminates key fish protections in its hydropower<BR>
title.<BR>
D) Both bills allow drilling in OCS moratorium areas by oil companies<BR>
for "scientific research." <BR>
<BR>
E-Mail your answer to "Editor" at: sublegals@ifrfish.org. <BR>
<BR>
And the Winner is.........QUENTIN DODD, who correct=
ly answered<BR>
last week's question of what "paper water" refers to as: D) An idea that<BR>
allows farmers to "sell" the water they receive back to the government.<BR>
He receives an "Order of the Fringehead" certificate and a handsome<BR>
gray shirt with the cuddly Sarcastic Fringehead Sublegals logo.<BR>
<BR>
NEWS, COMMENTS, CORRECTIONS: Submit your news items,<BR>
comments or any corrections to Sara Randall, editor at:<BR>
sublegals@ifrfish.org, or call the IFR/PCFFA office with the news and a<BR>
source at either: (415) 561-FISH (Southwest Office) or (541) 689-2000<BR>
(Northwest Office). <BR>
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