[Fishlink] ~~>SUBLEGALS 25 Apr03<~~
bit-bucket@straylight.primelogic.com
bit-bucket@straylight.primelogic.com
Thu, 1 May 2003 13:44:07 EDT
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~~>SUBLEGALS 25 Apr03<~~
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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. 17 25 APRIL
2003
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"If Bill Gates happened to drop by a homeless shelter where a couple of
nuns were serving soup to sixty down-and-outers dressed in rags, the
average person in the room would have a net worth of a billion
dollars."....................Hendrik Hertzberg
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IN THIS ISSUE.......
Opening of California Salmon Season Set for May Day. 7:17/01
Alabama Steps Out To Require Country Of Origin Labeling. 7:17/07
Lawsuits Filed Against Major Supermarket Chains For Not
Labeling Dye in Farmed Salmon. 7:17/11
Date Of The PCFFA Klamath River Lawsuit Reset To 20 May. 7:17/13
Temporary Flow Increase Set For Trinity, While Judge
Wanger Denies the Hoopa Tribe. 7:17/14
AND MORE.......
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7:17/01. CALIFORNIA SALMON SEASON SET TO OPEN MAY
DAY, OREGON'S UNDER WAY: Instead of dancing around May Poles
or marching in parades, California fishermen on May Day will be
dropping trolling poles and letting out lines to start the 2003 salmon
season. Barring bad weather or no price agreements (market orders),
California's ocean salmon season will open Thursday, 1 May, from
Horse Mountain (near Shelter Cove) to the Mexican border (see
Sublegals, 7:15/01; 7:11/01). Oregon's ocean salmon fishery opened
earlier, on 15 March. While California only accounts for about 2
percent of North America's total wild salmon production, it is the largest
producer of troll-caught king (chinook) salmon along the coast.
Troll-caught kings are the premium salmon among the five species of
Pacific salmon, commanding the highest prices and featured in the finest
white tablecloth restaurants. This year's production is expected to be
good owing to above-average rainfall in most watersheds (resulting in
good flow conditions in the rivers) over the past three years, a string of
improvements in habitat and flows that have been made in salmon
watersheds, and good oceanic conditions. Ex-vessel prices have not yet
been set, but price negotiations between fishermen's marketing
associations and fish processors are expected to be finalized prior to the
season opening on Thursday. Oregon's ex-vessel prices so far this year
have ranged from a high of $3.75 (US) per pound to $.75 per pound last
week for small kings.
California's kings, along with Alaskan salmon, are on the Monterey
Bay Aquarium's "Seafood Watch" guide in the green zone as a "best
choice" and are currently undergoing review by the Marine Stewardship
Council (MSC) for certification as a sustainable fishery. This season the
Seafood Choices Alliance will be promoting wild salmon, with member
chefs and seafood restaurants, in its "Wild About Salmon" campaign
(see Sublegals, 7:16/01). For more information regarding the California
salmon fishery or the season opener, go to the California Salmon
Council website at: www.calkingsalmon.org.
7:17/02. SAVING THE GREAT ESTUARY - RFP ISSUED FOR
SAN FRANCISCO BAY RESTORATION: San Francisco Bay is
considered the most biologically important estuary on the west coast of
North and South America. It is the gateway between Sierra streams and
the Pacific Ocean for the second largest run of chinook salmon in the
U.S. lower 48. It is the largest nursery area for Dungeness crab south of
Puget Sound and has the largest herring roe fishery south of British
Columbia. The Bay once teemed with oysters and shrimp, and still
provides important habitat for various species of sole, sturgeon and the
non-native striped bass.
The great estuary, however, is threatened. It now hosts over 300
non-native aquatic species, making it perhaps the most invaded estuary
in the world. Over 30 percent of the Bay has been filled in as a result of
development over the past 150 years, and its depth was reduced by as
much as 15 feet in some areas as a result of sediments washed down
from hydraulic mining in the Sierras. In some years over 50 percent of
its freshwater inflow - the lifeblood of an estuary - is diverted for
agriculture in the Central Valley and a growing urban population.
Coupled with this is pollution from industrial sites and oil refineries,
and urban as well as agricultural run-off. Dredging and dredge spoil
disposal (see Sublegals, 5:05/07) and even noise from construction
operations (see Sublegals, 7:08/06; 7:04/06) pose new threats to the
Bay's fish. Frustrated by CALFED's (the state-federal partnership that
grew out of the December 1994 accord to restore the San Francisco Bay
and Sacramento-San Joaquin Delta ecosystem) failure to address San
Francisco Bay protection and restoration needs, in December 2001
PCFFA called on the National Marine Fisheries Service to take action
(see Sublegals, 5:01/14; 4:26/01). NMFS has authority under the
Magnuson-Stevens Fishery Conservation & Management Act to protect
essential fish habitat (EFH); it has authority under the Endangered
Species Act to protect the listed winter and spring-run chinook salmon
and coho (all found in Bay streams); and it is one of the federal partners
in CALFED.
As a result of a meeting held with NMFS' Southwest Region, the
Institute for Fisheries Resources (IFR) entered into a partnership with
NMFS' parent agency, the National Oceanic & Atmospheric
Administration (NOAA) and its Restoration Center in a three-year
program aimed at assisting fishermen and the public in San Francisco
Bay restoration projects (see Sublegals, 6:07/06). Some of the
immediate focus is on eel grass restoration and re-establishing native
oyster populations. Eelgrass provide important habitat for herring,
Dungeness crab and other species. Oysters are important for
maintaining water quality; some remnant populations of the native
oyster, Ostrea lurida, are still present in the Bay (see Sublegals, 3:24/12;
1:12/08).
In early April, IFR and NOAA's Restoration Center released a
Request For Proposals (RFP) for community-based fisheries habitat
restoration projects for San Francisco Bay (see Sublegals, 7:16/14).
Eligible applicants are fishing organizations, other non-profits,
institutions of higher learning, "organizations under the jurisdiction of
foreign governments," international organizations, state, local and tribal
governments. Among other things, the projects "should result in tangible
restoration of habitat(s) that support living marine resources within the
San Francisco Bay Region." The deadline for applications is 15 May.
For more information, contact Nicole Brown (IFR - Project Manager) at
(415) 561-3474 (NBrown@ifrfish.org), Natalie Cosentino-Manning
(NMFS - marine or estuarine projects) at (707) 575-6081
(Natalie.C-Manning@noaa.gov), or Leah Mahan (NMFS - riparian
projects) at (707) 575-6077 (Leah.Mahan@noaa.gov). A copy of the
RFP is on the IFR website at: www.ifrfish.org.
7:17/03. STATE OF THE ESTUARY CONFERENCE SET FOR
OCTOBER: The 6th Biennial State of the San Francisco Bay-Delta
Estuary Conference is scheduled for 21-23 October this year in Oakland,
California. Sponsored by the San Francisco Estuary Project, this year's
event will commemorate the 10th anniversary of the project's
Comprehensive Conservation & Management Plan (CCMP). Agendas
and registration brochures will be available in August. For more
information, call (510) 622-2465 or go to:
www.abag.ca.gov/events_state.
7:17/04. JUNE BAY-DELTA TOUR: It's the wrong time of year for
most in the fishing business, but anyone who is not fishing at the time
and interested in west coast salmon and California water policy is
invited to participate in this year's tour of the San Francisco
Bay/Sacramento-San Joaquin Delta Estuary. The tour, sponsored by the
Water Education Foundation, will take place by bus and by boat and is
set for 4-6 June starting at the Sacramento, California airport. The tour
is to look at the physical aspects of the Bay and Delta from the
Mokelumne River down to the Delta pumps to near the Golden Gate and
the U.S. Army Corps of Engineers Bay Model in Sausalito. The tour
also includes talks by experts from a variety of fields, including water
policy, urban, environment, fishing and agriculture. The cost of the
three-day tour (which includes meals and lodging) is $550.00 (US). For
more information, or to register, call (916) 444-6240 or go to:
www.watereducation.org.
7:17/05. FINAL TALLY OF HERRING LANDINGS SHOWS SAN
FRANCISCO FLEET UNDER QUOTA: The San Francisco Bay herring
roe fishery closed 14 March for the 2002-2003 season. The final landing
figures are in with just one of the gillnet platoons nearing its quota (see
Sublegals, 6:26/07; 6:19/11). The December "DH" fishery harvested
only 182 tons of its 1,016 ton quota for an average roe count of 11.23
percent. The "Even" platoon took 786 tons of its 1,108 ton quota for a
roe count of 15.03 percent while the "Odd" platoon nearly filled its
quota of 1,138 tons with a take of 1,129 tons and a roe count of 15.77
percent. The Herring Roe on Kelp (HEOK) fishery, which remained
open through 31 March, received 53.3 tons of roe from a 57.6 tons
quota. On 25-26 March the California Department of Fish & Game's
(CDFG) Director's Herring Advisory Committee met with agency
biologists in Sausalito to review the 2002-2003 season and consider
quota and regulation proposals for the 2003-2004 season. The Fish &
Game Commission will adopt regulations at its August meeting. A
second herring committee meeting is scheduled for 9 May at CDFG's
Belmont offices. For more information on the herring fishery, go to:
www.dfg.ca.gov/mrd/herring.
7:17/06. TIDAL ENERGY SYSTEM UNDER CONSIDERATION
FOR SAN FRANCISCO BAY: Tidal and wave energy systems have
been viewed with some ambivalence by fishermen and marine scientists.
On the one hand, they can help reduce demand for new hydroelectric
facilities with their fish destroying dams, or demand for oil and gas and
pressure for new offshore oil drilling, or even demand for more coal
fired power plants and the acid rain and mercury pollution that result
from their emissions. On the other hand, depending on design, tidal or
wave energy generating systems could kill fish or destroy marine
ecosystems.
On 25 April, E/The Environmental Magazine reported the head of
San Francisco's Department of the Environment is considering a tidal
generating plant at the Golden Gate, hundreds of feet underneath the
water at the mouth of San Francisco Bay, capable of producing more
electricity than the city uses. According to the article, "San Francisco is
eyeing a technology that uses the force of water moving through fins to
suck air down through tubes, which drives turbines on land. The
company, HydroVenturi, says its system is cheaper to maintain, with no
moving blades underwater. That also means less blunt trauma for
marine life." A desalination plant is also being proposed for San
Francisco Bay by the Marin Municipal Water District (see Sublegals,
6:19/09; 6:07/16), which could benefit fish by reducing diversions from
salmon streams, provided the salt brines from the desal operation can be
disposed of in a way that does not harm fish. For more, go to:
http://www.poemsinc.org.
7:17/07. FOLLOWING MISSISSIPPI'S LEAD, ALABAMA
PREPARES TO REQUIRE SEAFOOD LABELS WITH COUNTRY OF
ORIGIN: Some states have decided against waiting for federal
regulations, pursuant to the 2002 Farm Bill, to come into place in 2005
requiring the labeling of seafood by country of origin and whether its
wild or farmed (see Sublegals, 7:15/04; 7:14/14; 5:19/06; 5:17/04;
5:08/03; 5:07/06). With overwhelming support from fellow state
legislators, Alabama Representative Spencer Collier (R-Irvington)
introduced a bill into that state's House this past week that would require
all shellfish and seafood sold in that state to be labeled as to its country
of origin regardless of its packaging or level of processing. If the bill
becomes law, consumers would be able to make informed decisions
about the seafood they buy regardless of whether it is frozen fish sticks
or locally raised catfish served at a white tablecloth restaurant.
Research shows that 89 percent of Alabama residents would support
such a law, and lawmakers have followed suit with 100 of 104 House
members so-sponsoring the bill and all 35 Senators signing-on to the
Senate version.
The bill would go beyond current federal regulations requiring
country of origin labels for wholesale packaging, which most consumers
never see. A similar measure was signed into law by Mississippi
Governor Ronnie Musgrove on 1 April. Support from the domestic
fishing industry has been strong in both cases (primarily from shrimpers
and catfish farmers) as pressure from poorly regulated foreign fisheries
has deflated much of those states' fishing economies. In California, San
Francisco's Board of Supervisors' City Services Committee unanimously
approved on 24 April a resolution calling for the labeling of seafoods as
well as the promotion of locally-caught and sustainably harvested fish
(see Sublegals, 7:16/04). For more, see the Southeast Farm Press at:
http://southeastfarmpress.com/ar/farming_catfish_industry_puts/
index.htm, and the Mobile Register at:
http://www.al.com/search/index.ssf?/base/news/
105117607284600.xml?mobileregister?nmet.
7:17/08. US SUPREME COURT DENIES CLAIMS OF
UNDERREGULATED SHRIMP IMPORTS: The action by the Alabama
Legislature to require country of origin labeling for seafood, allowing
consumers to distinguish domestically-produced fish from imports from
nations that don't meet U.S. conservation standards (see 7:17/07 above),
came on the heels of a 7 April decision by the U.S. Supreme Court. In
that case, Turtle Island Restoration Network v. Evans, 02-700, the high
court turned down an appeal made by conservation organizations
seeking to strengthen standards for imports of shrimp entering the
United States from countries that fail to adequately protect five species
of sea turtles listed under the U.S. Endangered Species Act (ESA).
The appellants argued the U.S. State Department has not been
adequately enforcing a Congressional ban on imports of shrimp from
countries where the fleets are not utilizing adequate turtle excluder
devices (TEDs). Appellants acknowledged that, while the State
Department has been requiring that individual shipments be certified,
the intent of Congress was to ensure that imports were allowed only
from countries where all shrimp harvesting was done in a way that
protects the already vulnerable turtle populations. Since 1987, U.S.
shrimp fishermen have been required to utilize TEDs to protect the sea
turtles. For more information, see the Associated Press report from the
Sun Herald at:
http://www.sunherald.com/mld/sunherald/news/breaking_news/
5578181.htm
7:17/09. CONTROVERSY OVER FINANCIAL RELIEF PACKAGE
FOR US GULF SHRIMPERS: Financial relief for suffering southern
shrimpers came earlier this year in the form of a 35 million dollar fund
appropriated by Congress to states with South Atlantic or Gulf of
Mexico shrimp fisheries. Each state must now decide how best to
distribute that money among its various shrimpers. While some states,
such as Florida, have chosen to do so based on average landings over a
specified number of seasons, other states, including Louisiana, plan to
simply pay out a flat rate to all shrimpers regardless of their role in the
fishery. For more information, go to:
www.seafood.com/news/current/94922.html or
www.seafood.com/news/current/91797.html.
7:17/10. LOUISIANA'S COMMERCIAL SHRIMPERS MAY BE
HURTING, BUT THERE'S STILL SPORT TRAWLING: Does Eliot
Norse know about this? Louisiana, famous for its seafood, not only has
had a formidable commercial shrimp fleet, but it's also known as the
"Sportsman's Paradise." And no wonder, it even has a sport trawl
fishery. "Many people enjoy recreational shrimp trawling, but even
though they consume rather than sell their catches, they must also be
licensed," says the state's website describing its shrimp fishery. "Besides
a basic fishing license, they must have a saltwater fishing license and a
recreational gear license. They aren't allowed to pull a trawl larger than
16 feet and they may not take more than 100 pounds of shrimp per day,
per boat no matter how many people are aboard." For more information,
go to: http://www.agctr.lsu.edu/parish/cameron/shrimp.html.
7:17/11. FARMED SALMON DYE LAWSUIT FILED AGAINST
MAJOR SUPERMARKET CHAINS: Class action lawsuits were filed
on 23 April against Safeway, Albertsons, and the Kroger Company
charging the grocery chains with unlawfully concealing the artificial
coloring in the farmed salmon they sell. The Seattle law firm of Smith
& Lowney filed three separate actions against the stores on behalf of
nine people who bought the unlabeled dyed fish. The suit charges the
grocery chains are in violation of federal regulations that requires proper
labeling of food that contains colorants. The U.S. Food & Drug
Administration (FDA) mandates that food products must carry labels
that declare color additives among the ingredients. The FDA specifically
requires labeling of color additives for all salmon species, and labeling
is the responsibility of retailers.
The civil actions follow the decision by Oregon's Department of
Agriculture to begin enforcing the colorant labeling for farmed salmon
in that state (see Sublegals, 7:16/06; 7:15/10; 7:14/07; 7:06/06).
Plaintiffs are seeking compensation for past purchases, civil penalties
and a judge's order that the chains add labels. Kings County Superior
Court in Seattle will rule whether the suits can be joined as a class
action. These chains account for over 6,000 stores in more than 30 states
across the U.S. The dyes commonly used to color the fish are
astaxanthin and canthaxanthin. The European Union (EU) recently
reduced the allowable level of canthaxanthin in food products due to
numerous health concerns, including recent evidence that found that the
dye causes an accumulation of pigments in the retina affecting sight (see
Sublegals, 7:05/06). For information regarding the lawsuits, go to:
http://www.smithandlowney.com/salmon.
7:17/12. BC FIRST NATIONS SUE TO PROTECT WILD
SALMON, ALLEGING SALMON FARMS, PROVINCIAL AND
FEDERAL GOVERNMENT ACTIONS IMPERIL NATIVE FISH: On
22 April, First Nations from the Broughton Archipelago on British
Columbia's mid-coast filed suit against the BC and Canadian
governments and two open cage net pen salmon aquaculture operations
over the damage the salmon farms pose to the area's wild salmon
populations and the native people who depend on Pacific salmon.
The two fish farms named in the suit were Stolt Sea Farm, Inc. and
Heritage Salmon Limited. The lawsuit, brought on behalf of the First
Nations by Sierra Legal Defense, seeks an injunction to prevent the
stocking of the open salmon net pens in the Broughton, to prevent the
use of SLICE, a pesticide that has been shown to harm crustaceans and
has not been generally approved for use in Canada, and to require that
infected sites remove infected fish from the marine environment. The
suit also asks the government to not permit any further net pen salmon
aquaculture licenses until further analysis of impacts to wild fish has
been done and until a full environmental assessment of impacts of open
net pen salmon aquaculture is completed. For more information, go to:
http://www.sierralegal.org/m_archive/bk03_04_22.html.
7:17/13 COURT HEARING ON KLAMATH FLOWS PUT OVER
TO 20 MAY: Plaintiffs, lead by PCFFA, will have until 20 May to
prepare for their case challenging the National Marine Fisheries Service
(NMFS) Biological Opinion (BiOp) which approved the U.S. Bureau of
Reclamation's (BOR) plan of operation for flow releases into the
Klamath River from the Klamath Irrigation Project (see Sublegals,
7:16/08; 7:15/07; 7:13/02; 7:09/03). The U.S. District Court in Oakland,
California pushed back the original hearing date of 29 April without
announcing a reason. An article in the 4 April issue of Science entitled
"'Combat Biology' on the Klamath" (pp. 36-39) and an article from the
forthcoming May/June edition of Mother Jones, "What's a River For?"
(pp. 44-51) are two of the latest in-depth reports on the history, conflicts
and tragedy that have come to define water management in the Klamath
Basin. For a copy of the Science article, go to: www.sciencemag.org or
e-mail Glen Spain at fish1ifr@aol.com. Copies of the Mother Jones
May/June issue is now on newsstands, or go to: www.motherjones.com.
7:17/14 SCHEDULED TRINITY FLOW INCREASES TO BEGIN
ON 28 APRIL, COURT DENIES HUPA TRIBE REQUEST FOR
INJUNCTION: Federal water managers are set to go ahead with a
planned flow increase beginning 28 April for northern California's
Trinity River. Flows from the Lewiston Dam will jump from 300 cubic
feet per second (cfs) on 27 April to 4500 cfs from 2 May through 6 May
followed by gradual reductions over a two-month period. The
additional flows are intended to restore the river channel by imitating
the natural fluctuations that transport fine sediments, maintain spawning
gravel and remove encroaching vegetation. For more see the Eureka
Times-Standard article at: http://www.times-standard.com/Stories/
0,1413,127%257E2896%257E1342549,00.html, or the San Jose
Mercury News at:
http://www.bayarea.com/mld/mercurynews/news/local/5685289.htm.
The U.S. Bureau of Reclamation's (BOR) flow schedule for the Trinity
River can be found at: http://www.mp.usbr.gov/cvo.
Despite above average rainfall levels and the temporary flow
increases for the Trinity this spring, U.S. District Court Judge Oliver W.
Wanger's decision to limit the river's flow to "dry" year levels will stand
for the foreseeable future after the U.S. Ninth Circuit Court of Appeals
decided this week not to grant a stay during the appeals process (see
Sublegals, 6:24/01). The request for a stay came not from the primary
defendant, the U.S. Department of Interior, but from the Hupa Tribe,
whose members depend on the river's salmon (see Sublegals, 7:16/09).
As a result, Judge Wanger will continue to hold the responsibility for
determining the Trinity's flows as the appeals process continues, which
could take up to two years. For more on the Ninth Circuit's decision see
the Eureka Times-Standard article at:
http://www.times-standard.com/Stories/0,1413,127%257E2896%257E1
347358,00.html
7:17/15. WASTE WATER FROM POTLACH MILL
THREATENS SNAKE RIVER SALMON: In a recently released
biological opinion (BiOp), the National Marine Fisheries Service
(NMFS). has determined that a pulp mill owned by the Potlatch
Corporation is "likely to jeopardize the continued existence of Snake
River steelhead, Snake River sockeye, and Snake River spring/summer
and fall run Chinook".
The mill, located in Lewiston, Idaho, was evaluated by NMFS after
the fishery agency was sued by local conservation groups, including
Idaho Rivers, the Idaho Conservation League, and the Lands Council. In
1999, the groups filed suit to force preparation of a BiOp before the mill
received a new wastewater permit. The mill discharges up to 36 million
gallons of wastewater, sometimes as hot as 92 degrees Fahrenheit, each
day at the confluence of the Snake and Clearwater rivers. According to
the draft BiOp, the influx of this polluted water causes the fish to delay
migration, delay smoltification, to have lower reproductive rates, and
increases the likelihood of disease and death. The BiOp also found that
the acid and other chemical discharges from the mill combined with the
high temperatures disorient migrating fish. Potlatch claims the cost of
refrigerating would not be economically feasible for the mill. The mill is
Nez Perce County's largest employer with 1,400 employees. In the
1990's Potlach spent $600 million on environmental upgrades to the
mill. The U.S. Environmental Protection Agency (EPA) is expected to
propose modifications to its proposed new permit, which may address
the issues raised by NMFS. To view the draft BiOp, go to:
http://www.idahorivers.org/pdf/nmfspotlatchbioop.pdf.
Paying Attention? The hearing on the lawsuit on the Klamath flow
biological opinion, PCFFA, et. al. v. NMFS, et. al. was put over from 29
April to 20 May. Why?
A) The Bureau of Reclamation requested it, hoping late snowstorms in
the Siskiyous would allow them to make full deliveries to irrigators and
still put enough water into the river to keep the Judge off their back.
B) Protesters surrounding the Federal Building in Oakland, demanding a
U.S. regime change, made it necessary to move the proceedings to
Pocatello, Idaho.
C) U.S. District Judge Saundra Brown Armstrong didn't give a reason.
D) The National Marine Fisheries Service (NMFS) sought the delay in
order to change the court papers to reflect the federal fishery agency's
new name "NO Fisheries."
E-Mail your answer to "Editor" at: sublegals@ifrfish.org. One winner is
drawn each week from a list of those submitting the correct answer.
And the Winner is.........BOB MCALLISTER, who correctly
answered last week's question of "What is the primary cause of the cost
overruns on Battle Creek?" with "B) Modifications proposed for the
remaining dams to make them environmentally compliant." 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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