[Fishlink] ~~>SUBLEGALS 21May03<~~
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~~>SUBLEGALS 21May03<~~
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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. 21 21 MAY 2003
##########################################################
"We could have saved the Earth but we were too damned cheap."
.....................Kurt Vonnegut, Jr.
##########################################################
IN THIS ISSUE.......
California Resources Secretary Takes a Stand for the Klamath. 7:21/01
Central Valley Regional Control Board Investigated for
Misconduct. 7:21/02
Judge Orders US Government to Make Columbia and Snake
River Dams More Fish Friendly. 7:21/03
North Coast Court Rulings Question Headwaters Deal. 7:21/07
San Francisco Bay Herring Closure Proposed. 7:21/08
AND MORE......
##########################################################
7:21/01. CALIFORNIA RESOURCES SECRETARY BLASTS
FEDERAL WATER FLOWS IN LOWER KLAMATH AS TOO LOW
TO PREVENT FISH KILLS: In a second strongly worded letter to
Secretary of Interior Gale Norton, whose federal agency includes the U.
S. Bureau of Reclamation, California Resources Secretary Mary Nichols
wrote on 19 May saying "In light of the loss of over 30,000 salmon last
year on the Klamath River, I strongly urge the U.S. Bureau of
Reclamation (USBR) to revisit their approach to operations of the
Klamath River Project. Unfortunately, the 2003 Klamath Project
Operations Plan - released on 10 April - does not reflect any change in
the 10-year plan and flow schedules put in place.... California strongly
feels that the current flow schedule is inadequate to protect the Klamath
River's Coho and Chinook salmon and steelhead trout."
In the letter, Secretary Nichols also blasted the limited scientific
basis
for the USBR's current 10-year Klamath Irrigation Project flow regime,
and called for immediate reconsultation under the Endangered Species
Act (ESA) to take into account new information from the massive
September 2002 fish kill. She also called for the completion and final
release of the "Hardy Phase 2 Report," an important flow study that has
been several years in the making and has been in final draft form since
November of 2001, but has been repeatedly delayed by Bush
Administration officials for more than 18 months amidst speculation that
it is being deliberately suppressed.
The Hardy Flow Study was intended to determine the recovery level
water needs for lower river salmon, but recommends flows far larger
than those USBR is willing to release from the federal Klamath
Irrigation Project. The State of California has long recommended
similar lower river flows, as has the Pacific Fisheries Management
Council, as necessary in order to preserve viable Klamath salmon
populations and to prevent their extinction. These requests have so far
been ignored.
These requests are very similar to those Secretary Nichols made in an
earlier letter to Secretary Norton dated 11 October 2002, but to which
she has never received a response (see Sublegals, 6:16/01). Her 19 May
letter also again noted that the California Department of Fish & Game
(CDFG) concluded in a written report that near-record low flows
released at Iron Gate Dam, which is controlled by the USBR, were the
principle driving factor behind the 2002 fish kill, considered the worst in
U.S. history.
The CDFG Report also concluded that, unless flows to the lower river
are substantially increased, the lower Klamath salmon runs will continue
to face a very high risk of future major fish kills (see Sublegals,
7:02/01). Lower river interests are currently awaiting a federal judge's
ruling in a major legal challenge to the legality of the USBR 10-year
water plan, in the case PCFFA, et. al., vs. National Marine Fisheries
Service, US Bureau of Reclamation, U.S. Dist. N. CA., Civil Case No.
C02-2006-SBA (see Sublegals, 7:17/13; 7:16/08; 7:15/07; 7:13/02;
7:09/03; 7:03/11).
For a copy of Resources Secretary Nichols 19 May letter, a copy of
the CDFG report on the 2002 fish kill implicating low river flows as the
cause, as well as a copy of the PFMC letter recommending much higher
flows for fisheries, see: www.pcffa.org. For pictures of the 2002 fish
kill see: www.klamathbasin.info/fishkill1.htm. For the October 2002
letter from Secretary Nichols to the Secretary of Interior, see:
www.pcffa.org/nichols101102.htm.
7:21/02. CENTRAL VALLEY REGIONAL QUALITY CONTROL
BOARD INVESTIGATED FOR MISCONDUCT: Environmental and
sportfishing groups have joined the State Water Resources Control
Board in asking the Attorney General's Office to investigate the Central
Valley Regional Water Quality Control Board (CVRWQCB). According
to the allegations, CVRWQCB members have violated the California
Water Code's conflict of interest provisions and the Bagley-Keene Open
Meetings Act.
The petition cites at least two Board members as having direct
conflict of interest violations. One Board member, Beverly Alves, owns
a farm that would be affected by possible new agricultural run-off rules,
and she did not excuse herself from the vote. It was later found that
Alves had received income from numerous agri-businesses and that she
has been seen sneaking into back room meetings with agri-business
lobbyists. At its 24 April meeting, the CVRWQCB voted to eliminate
fees for the agricultural pollution controls it had adopted the previous
December, even though the public comment period was not over until 23
May. The petitioning groups are asking that the State Water Resources
Control Board immediately take over from the CVRWQCB the task of
developing controls on the discharge of agricultural pollutants into the
state's waters. To see the Request to the Attorney General and Petition to
the State Water Board and other information go to:
www.cleanfarmscleanwater.org. To see the CVRWQCB proposals go to:
www.swrcb.ca.gov/rwqcb5/programs/irrigated_lands/index.html.
7:21/03. US GOVERNMENT HAS ONE YEAR TO FIX
COLUMBIA AND SNAKE RIVER DAMS: On 16 May, U.S. District
Court Judge James Redden gave the U.S. government one year to rework
hydroelectric dam operation plans to better protect salmon in the
Columbia and Snake rivers. The Judge ruled that the current federal
restoration plan for salmon and steelhead in the Columbia and Snake
River Basins is in violation of the Endangered Species Act (ESA) and
relies on restoration efforts that "aren't likely to occur." The restoration
plan, completed in 2000 by the National Marine Fisheries Service
(NMFS) calls for state, tribal and other groups to complete restoration
projects. However, many of these projects haven't been funded or haven't
received the legal authority to proceed. The Justice Department counsel
asked the court to let the 2000 restoration plan stand until the Bush
Administration comes up with a new plan or suffer "dire consequences."
Two days after the ruling, the National Wildlife Federation and
fifteen other groups (including PCFFA and IFR) served notice of their
intent to sue the Bureau of Reclamation, the U.S. Army Corps of
Engineers and the Bonneville Power Administration for immediate
changes in dam operations. Potential actions include diverting less water
and better use of power turbines. A hearing date has been set for later
this month in which the Judge will hear more arguments regarding the
2000 Federal Plan. The ruling was the fruition of a lawsuit brought by
the National Wildlife Federation and other groups (including PCFFA,
IFR and a PCFFA associate member, Salmon for All), in May 2001. For
more: see the 17 May article in The Oregonian at:
http://www.oregonlive.com/environment/oregonian/index.ssf?/
base/news/1053173348264090.xml or: the 17 May Seattle Times at:
http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/
display?slug=salmon17m&date=20030517&query=salmon.
7:21/04. REPORT SHOWS 2001 SALMON SEASON VERY
PROFITABLE FOR IDAHO: A report released in April from the Idaho
Fish and Wildlife Foundation shows that the 2001 salmon season
pumped $90 million dollars into Idaho's economy in that year alone.
Even with the declining population levels of the fish, the economic value
provided to rural Idaho communities by the fishery is quite large, with
the fishery being the major source of income for some towns. The report
indicated that the more rural the town, the more it stands to benefit
economically from salmon fishing. To see a copy of the economic report
go to:
http://www.greatlodge.com/idFoundation/economicimpact2001.htm.
7:21/05. WASHINGTON STATE REOPENS COMMENT PERIOD
ON COLUMBIA DREDGING: The Washington State Department of
Ecology (Ecology) has re-opened its public comment period on the
Army Corps of Engineers' application to deepen the Columbia River
navigation channel. The Corps now wants to include ocean disposal as
an option for dredged materials, but its earlier applications did not
include ocean disposal as an option. The Corps needs Ecology's review
of the option before the state decides whether to issue water quality and
coastal zone permits for the project. The deadline for comment is now 9
June 2003. To submit comments, write to Loree Randall, Department of
Ecology, P.O. Box 47600, Olympia, Wash., 98504-7600, or send an
e-mail to lora461@ecy.wa.gov.
7:21/06. MSC RECEIVES FUNDING FOR NEW
CERTIFICATIONS IN THE AMERICAS: The Marine Stewardship
Council (MSC), an international non-profit, announced on 19 May that it
will receive a grant of 250,000 dollars (U.S.) for a three-year effort to
increase the number of fisheries in the Americas under consideration for
its coveted sustainable seafood certification. The funding will come from
the Texas-based Whole Foods Market, the world's largest organic and
natural foods supermarket company. Part of the grant will be used to
hire a Fisheries Outreach Officer who will work as a liaison with
representatives from nine widely consumed seafood fleets including:
cold water prawns, warm water prawns, cod, pollock, crab, mackerel,
herring, hake and tuna.
Whole Foods Market is a long-time supporter of sustainable fisheries
and was the first supermarket to carry the as yet only MSC certified
American seafood, wild Alaskan salmon. "At a time when scientists
have just reported vast declines in large predatory fish over the past 50
years, we are thrilled to be able to support a scientific-based seafood
certification program here in the Americas to encourage and recognize
well-managed fisheries," said Margaret Wittenberg, Whole Food
Market's Vice-president for Governmental and Public Affairs. For more,
see the "Press Room" link at: http://eng.msc.org or:
http://www.flmnh.ufl.edu/fish/InNews/wholefood2003.htm
7:21/07. NORTH COAST COURT RULINGS QUESTION
LOGGING PRACTICES: Tentative rulings issued this week by a
Humboldt County court could invalidate much of the historic
Headwaters Deal of 1999 that set out a long-term logging plan for the
Pacific Lumber Company's 211,000-acre holdings in southern Humboldt
County, California. If finalized at a 30 June hearing, the rulings would
be a victory for the area's threatened coho salmon, which spend a crucial
14 to 16 months in their natal riparian habitat before migrating to the
ocean. The rulings address claims alleged by the Environmental
Protection Information Center, a Humboldt County non-profit, and the
United Steelworkers of America in two separate case filings.
At issue is the 100-year Sustainable Yield Plan negotiated by Pacific
Lumber and the California Department of Forestry and the Incidental
Take Permit issued to the company by the California Department of Fish
and Game. Both of these documents were found by California Superior
Court Judge Golden to be fatally flawed and unable to achieve the
intended goals of protecting Humboldt County's watersheds and
endangered species. "It really shows that you've got to take into account
the long-term effects of these harvest. It really wasn't done here," said
Jonathan Weissglass, attorney for the Steelworker's Union.
In Sacramento on Wednesday, 21 May, John Burton, President of
California's Senate, called for an investigation into the controversy
surrounding logging allowed under the Headwaters Deal. To criticism
coming from both Pacific Lumber and the Department of Forestry,
Burton stated his motivation by saying, "The Headwaters deal cost
taxpayers close to half a billion dollars, and it is the Legislature's duty
to
make sure we're getting everything we paid for, including a responsible
sustained-yield plan."
For more on the State Senate investigation, see the 22 May Santa
Rosa Press Democrat article at:
http://www.pressdemocrat.com/local/news/22burton.html. For more on
Judge Golden's rulings see the 20 May Eureka Times-Standard article
located at: http://www.times-standard.com/Stories/
0,1413,127%257E2896%257E1403261,00.html or the 20 May San
Francisco Chronicle article available on the web at:
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/
05/20/MN130497.DTL.
7:21/08. SAN FRANCISCO BAY HERRING CLOSURE
PROPOSED: The California Department of Fish and Game (CDFG) will
officially propose that the San Francisco Bay herring fishery be closed
next season (2003-2004) at an informational public meeting to be held
on Thursday, 5 June. Currently, the CDFG is looking into two options
for the San Francisco Bay Herring fishery; one being to close it, the
second being to put the quota at 2,000 to 3,000 tons. Both options will
be presented to the CDFG Commission for approval and will be
discussed at public meetings this summer. A 300-ton fishing quota for
Tomales Bay has also been proposed. The 5 June public meeting will
start at 0930 HRS in Sausalito at the Bay Model. There will be an
afternoon meeting of the Director's Herring Advisory Committee
(DHAC) immediately following the public meeting. For more
information visit the CDFG website:
http://www.dfg.ca.gov/mrd/herring/index.html or contact Becky Ota,
Herring Fishery Manager, at (650)631-6789.
7:22/09. AD HOC COMMITTEE MEETING FOR 2004
GROUNDFISH ALLOCATIONS: The Pacific Fishery Management
Council (PFMC) is holding it's Ad Hoc Allocation Committee working
meeting to discuss allocation and other management options for the 2004
Pacific Coast groundfish fishery on 10 June in Portland, Oregon. The
Committee will be deciding on recommendations for consideration by
the Pacific Fishery Management Council, to be discussed at their
meeting 16-20 June in Foster City, California. The Ad Hoc Committee
meeting is open to the public. The PFMC is also releasing "Process and
Standards for Rebuilding Plans, Preliminary Draft Biological
Assessment" and "Rebuilding Plans for Darkblotched Rockfish, Pacific
Ocean Perch, Canary Rockfish, and Lingcod: Preliminary Draft
Environmental Impact Statement." Copies of the documents and further
meeting information can be found at their website: www.pcouncil.org.
7:22/10. SPANISH OIL COMPANY TO EXTRACT OIL FROM
SUNKEN PRESTIGE: The Spanish company Repsol YPF has been
contracted by the Spanish government to extract the remaining 37,000
tons of leaking fuel oil from the sunken oil tanker Prestige, which sank
off the northwest coast of Spain last November (see Sublegals, 6:23:03).
The company has developed three ambitious strategies for capturing the
oil from the wreck, which lies under two miles of water.
First they intend to build robots that will be able to inspect and patch
up the ship. The plan is to make a hole in the wreck, attach a valve and
capture the oil in a bag, which will be transported to the surface,
emptied, and lowered back down again. If that doesn't work, a canopy
will be built around the wreckage, trapping the oil. The oil will then be
pumped to the surface. Repsol YPF said that as a last resort they would
try to pump the oil directly out of the wreckage. A few of the difficulties
they will encounter will be preventing the bags from collapsing under
water pressure, operating the equipment over such long distances,
keeping the oil flowing, and maintaining the boat's position on the
surface. There is not yet any estimate on the cost of the operation. For
more information see the 9 April article in Nature:
http://www.nature.com/nsu/030407/030407-5.html.
7:21/11. ENGLISH FISHERMEN QUIT FISHING TO SAVE THE
SALMON: The last generation of English driftnet fishermen has decided
to hang up their nets and their way of life to save the declining stocks of
wild salmon and sea trout. Fifty-two of the last sixty-eight registered
driftnet fishermen have decided to call it quits and accept a
compensation package given by the United Kingdom's Environment
Agency. The decision to quit fishing is voluntary and follows after two
years of negotiations between the fishermen and the Environment
Agency.
The buyout is worth 3.4 British Pounds and affects fishermen that
fish between North Yorkshire and the Scottish border. The latest
"Annual Assessment of Salmon Fisheries in England and Wales" shows
that less than 30 percent of salmon rivers have satisfactory wild stocks.
Last year, driftnetsmen caught 42,000 salmon and sea trout as the fish
headed for the rivers of northeast England and eastern Scotland. The new
agreement could reduce the number taken by as much as 75 percent,
allowing many more fish to reach their spawning grounds. For more
information see the 19 May Environment News Service article at:
http://ens-news.com/ens/may2003/2003-05-19-02.asp. The Annual
Assessment of Salmon Stocks and Fisheries in England and Wales for
2002 is available online at: http://www.environment-agency.gov.uk/
commondata/105385/salmon_stocks02.pdf.
7:21/12. CANADIAN FISHERIES AND OCEANS DEPARTMENT
VIOLATING ITS OWN MARINE REGULATIONS SAYS REPORT:
The Canadian Department of Fisheries and Oceans, which is responsible
for protecting Canada's marine environment, was the subject of an
investigation and report done by the consulting firm of Stratos Inc. The
draft of the report, obtained by reporters under Canada's Access to
Information Act, found that the Department had consistently ignored its
own environmental laws and regulations over the last seven years,
including the Federal Fisheries Act. For more information see:
http://www.canada.com/search/story.aspx?id=202251fe-8c02-4e52-aebc
-80a461d2e5e9.
7:21/13. CANADA ESTABLISHES FIRST MARINE PROTECTED
AREA: On 7 March, Minister of Fisheries and Oceans, Robert G.
Thibault, announced the establishment of Canada's first Marine
Protected Area (MPA). The new MPA is off Vancouver Island in British
Columbia. The area, known as the Endeavour Hydrothermal Vents, is
home to 12 species of marine life that do not exist anywhere else in the
world, and 60 species unique to the Juan de Fuca Ridge system.
Establishing MPAs is a key activity of Canada's Oceans Strategy, which
was released last year. This designation puts in place enforceable
regulations to protect the area and its marine organisms, while
encouraging continued scientific study and research of the ecosystem.
There are currently 13 areas being considered for designation as Marine
Protected Areas on Canada's three coasts. For more information see:
http://www.dfo-mpo.gc.ca/media/newsrel/2003/hq-ac10_e.htm. To see a
copy of Canada's Oceans Strategy go to:
http://www.cos-soc.gc.ca/dir/cos-soc_e.asp.
**************************
Paying Attention? Why does California Resources Secretary Mary
Nichols persist in her letter writing campaign to Secretary of the Interior
Gale Norton, even though thus far her efforts haven't produced a
response?
A) She doesn't want to break the chain, as she believes that upon
Norton's response, $25,000 and seven years of good luck will ultimately
be hers.
B) She wants Norton to place a $1250 triffecta across the board wager
on the Funny Cide, Empire Maker, Dynever combination for the 7 June
Belmont Stakes.
C) She is insisting that Norton return the specially monogrammed
"Friend of the Klamath River" guest towels.
D) Nichols is insistent that the flows on the Klamath River be raised to
avoid another catastrophic fish kill like last year.
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...... ROBERT MCCLURE, who correctly answered,
"B) Land sources, including feces from house cats that contain a
parasite" to the question "The number of sea otters found in the
Monterey Bay National Marine Sanctuary is declining due to impacts
from pollution. What is that source of the pollution?" He will receive 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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####<BR>
&nbs=
p; &n=
bsp; ~~>SUBLEGALS 21May03<~~<BR>
##########################################################<BR>
A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT=
AND<BR>
LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES <BR=
>
AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S<BR>
&nbs=
p; &n=
bsp; =
ASSOCIATIONS<BR>
<BR>
VOL. 07, NO. 21 =
&nbs=
p; &n=
bsp; 21 MAY 2003<BR>
##########################################################<BR>
"We could have saved the Earth but we were too damned cheap."<BR>
&nbs=
p; &n=
bsp; ...........=
..........Kurt Vonnegut, Jr.<BR>
##########################################################<BR>
&nbs=
p; &n=
bsp; =
IN THIS ISSUE.......<BR>
<BR>
California Resources Secretary Takes a Stand for the Klamath. 7:21/01<=
BR>
<BR>
Central Valley Regional Control Board Investigated for <BR>
Misconduct. 7:21/02<BR>
<BR>
Judge Orders US Government to Make Columbia and Snake <BR>
River Dams More Fish Friendly. 7:21/03<BR>
<BR>
North Coast Court Rulings Question Headwaters Deal. 7:21/07<BR>
<BR>
San Francisco Bay Herring Closure Proposed. 7:21/08<BR>
<BR>
&nbs=
p; &n=
bsp; =
AND MORE......<BR>
##########################################################<BR>
<BR>
7:21/01. CALIFORNIA RESOURCES SECRETARY BLAST=
S<BR>
FEDERAL WATER FLOWS IN LOWER KLAMATH AS TOO LOW<BR>
TO PREVENT FISH KILLS: In a second strongly worded letter to<BR>
Secretary of Interior Gale Norton, whose federal agency includes the U.<BR>
S. Bureau of Reclamation, California Resources Secretary Mary Nichols<BR>
wrote on 19 May saying "In light of the loss of over 30,000 salmon last<BR>
year on the Klamath River, I strongly urge the U.S. Bureau of<BR>
Reclamation (USBR) to revisit their approach to operations of the<BR>
Klamath River Project. Unfortunately, the 2003 Klamath Project<BR>
Operations Plan - released on 10 April - does not reflect any change in<BR>
the 10-year plan and flow schedules put in place.... California strong=
ly<BR>
feels that the current flow schedule is inadequate to protect the Klamath<BR=
>
River's Coho and Chinook salmon and steelhead trout." <BR>
<BR>
In the letter, Secretary Nichols also blasted the l=
imited scientific basis<BR>
for the USBR's current 10-year Klamath Irrigation Project flow regime,<BR>
and called for immediate reconsultation under the Endangered Species<BR>
Act (ESA) to take into account new information from the massive<BR>
September 2002 fish kill. She also called for the completion and final=
<BR>
release of the "Hardy Phase 2 Report," an important flow study that has<BR>
been several years in the making and has been in final draft form since<BR>
November of 2001, but has been repeatedly delayed by Bush<BR>
Administration officials for more than 18 months amidst speculation that<BR>
it is being deliberately suppressed. <BR>
<BR>
The Hardy Flow Study was intended to determine the=20=
recovery level<BR>
water needs for lower river salmon, but recommends flows far larger<BR>
than those USBR is willing to release from the federal Klamath<BR>
Irrigation Project. The State of California has long recommended<BR>
similar lower river flows, as has the Pacific Fisheries Management<BR>
Council, as necessary in order to preserve viable Klamath salmon<BR>
populations and to prevent their extinction. These requests have so fa=
r<BR>
been ignored. <BR>
<BR>
These requests are very similar to those Secretary=20=
Nichols made in an<BR>
earlier letter to Secretary Norton dated 11 October 2002, but to which<BR>
she has never received a response (see Sublegals, 6:16/01). Her 19 May=
<BR>
letter also again noted that the California Department of Fish & Game<BR=
>
(CDFG) concluded in a written report that near-record low flows<BR>
released at Iron Gate Dam, which is controlled by the USBR, were the<BR>
principle driving factor behind the 2002 fish kill, considered the worst in<=
BR>
U.S. history. <BR>
<BR>
The CDFG Report also concluded that, unless flows to the lower river<BR>
are substantially increased, the lower Klamath salmon runs will continue<BR>
to face a very high risk of future major fish kills (see Sublegals,<BR>
7:02/01). Lower river interests are currently awaiting a federal=
judge's<BR>
ruling in a major legal challenge to the legality of the USBR 10-year<BR>
water plan, in the case PCFFA, et. al., vs. National Marine Fisheries<BR>
Service, US Bureau of Reclamation, U.S. Dist. N. CA., Civil Case No.<BR>
C02-2006-SBA (see Sublegals, 7:17/13; 7:16/08; 7:15/07; 7:13/02;<BR>
7:09/03; 7:03/11).<BR>
<BR>
For a copy of Resources Secretary Nichols 19 May le=
tter, a copy of<BR>
the CDFG report on the 2002 fish kill implicating low river flows as the<BR>
cause, as well as a copy of the PFMC letter recommending much higher<BR>
flows for fisheries, see: www.pcffa.org. For pictures of the 2002 fish=
<BR>
kill see: www.klamathbasin.info/fishkill1.htm. For the October 2002<BR=
>
letter from Secretary Nichols to the Secretary of Interior, see:<BR>
www.pcffa.org/nichols101102.htm.<BR>
<BR>
7:21/02. CENTRAL VALLEY REGIONAL QUALITY CONTROL<BR=
>
BOARD INVESTIGATED FOR MISCONDUCT: Environmental and<BR>
sportfishing groups have joined the State Water Resources Control<BR>
Board in asking the Attorney General's Office to investigate the Central<BR>
Valley Regional Water Quality Control Board (CVRWQCB). According<BR>
to the allegations, CVRWQCB members have violated the California<BR>
Water Code's conflict of interest provisions and the Bagley-Keene Open<BR>
Meetings Act. <BR>
<BR>
The petition cites at least two Board members as ha=
ving direct<BR>
conflict of interest violations. One Board member, Beverly Alves, owns<BR>
a farm that would be affected by possible new agricultural run-off rules,<BR=
>
and she did not excuse herself from the vote. It was later found that<=
BR>
Alves had received income from numerous agri-businesses and that she<BR>
has been seen sneaking into back room meetings with agri-business<BR>
lobbyists. At its 24 April meeting, the CVRWQCB voted to eliminate<BR>
fees for the agricultural pollution controls it had adopted the previous<BR>
December, even though the public comment period was not over until 23<BR>
May. The petitioning groups are asking that the State Water Resources<BR>
Control Board immediately take over from the CVRWQCB the task of<BR>
developing controls on the discharge of agricultural pollutants into the<BR>
state's waters. To see the Request to the Attorney General and Petition to<B=
R>
the State Water Board and other information go to:<BR>
www.cleanfarmscleanwater.org. To see the CVRWQCB proposals go to:<BR>
www.swrcb.ca.gov/rwqcb5/programs/irrigated_lands/index.html.<BR>
<BR>
7:21/03. US GOVERNMENT HAS ONE YEAR TO FIX<BR>
COLUMBIA AND SNAKE RIVER DAMS: On 16 May, U.S. District<BR>
Court Judge James Redden gave the U.S. government one year to rework <BR>
hydroelectric dam operation plans to better protect salmon in the<BR>
Columbia and Snake rivers. The Judge ruled that the current fede=
ral<BR>
restoration plan for salmon and steelhead in the Columbia and Snake<BR>
River Basins is in violation of the Endangered Species Act (ESA) and<BR>
relies on restoration efforts that "aren't likely to occur." The restoration=
<BR>
plan, completed in 2000 by the National Marine Fisheries Service<BR>
(NMFS) calls for state, tribal and other groups to complete restoration<BR>
projects. However, many of these projects haven't been funded or haven't<BR>
received the legal authority to proceed. The Justice Department counsel<BR>
asked the court to let the 2000 restoration plan stand until the Bush<BR>
Administration comes up with a new plan or suffer "dire consequences." <BR>
<BR>
Two days after the ruling, the National Wildlife Fe=
deration and<BR>
fifteen other groups (including PCFFA and IFR) served notice of their<BR>
intent to sue the Bureau of Reclamation, the U.S. Army Corps of<BR>
Engineers and the Bonneville Power Administration for immediate<BR>
changes in dam operations. Potential actions include diverting less water<BR=
>
and better use of power turbines. A hearing date has been set for later<BR>
this month in which the Judge will hear more arguments regarding the<BR>
2000 Federal Plan. The ruling was the fruition of a lawsuit brought by<BR>
the National Wildlife Federation and other groups (including PCFFA,<BR>
IFR and a PCFFA associate member, Salmon for All), in May 2001. For<BR>
more: see the 17 May article in The Oregonian at:<BR>
http://www.oregonlive.com/environment/oregonian/index.ssf?/<BR>
base/news/1053173348264090.xml or: the 17 May Seattle Times at:<BR>
http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/<BR>
display?slug=3Dsalmon17m&date=3D20030517&query=3Dsalmon.<BR>
<BR>
7:21/04. REPORT SHOWS 2001 SALMON SEASO=
N VERY<BR>
PROFITABLE FOR IDAHO: A report released in April from the Idaho<BR>
Fish and Wildlife Foundation shows that the 2001 salmon season<BR>
pumped $90 million dollars into Idaho's economy in that year alone.<BR>
Even with the declining population levels of the fish, the economic value<BR=
>
provided to rural Idaho communities by the fishery is quite large, with<BR>
the fishery being the major source of income for some towns. The report<BR>
indicated that the more rural the town, the more it stands to benefit<BR>
economically from salmon fishing. To see a copy of the economic report=
<BR>
go to:<BR>
http://www.greatlodge.com/idFoundation/economicimpact2001.htm.<BR>
<BR>
7:21/05. WASHINGTON STATE REOPENS COMMENT PERIOD<BR=
>
ON COLUMBIA DREDGING: The Washington State Department of<BR>
Ecology (Ecology) has re-opened its public comment period on the<BR>
Army Corps of Engineers' application to deepen the Columbia River<BR>
navigation channel. The Corps now wants to include ocean disposal as<BR>
an option for dredged materials, but its earlier applications did not<BR>
include ocean disposal as an option. The Corps needs Ecology's review<BR>
of the option before the state decides whether to issue water quality and<BR=
>
coastal zone permits for the project. The deadline for comment is now 9<BR>
June 2003. To submit comments, write to Loree Randall, Department of<BR>
Ecology, P.O. Box 47600, Olympia, Wash., 98504-7600, or send an<BR>
e-mail to lora461@ecy.wa.gov. <BR>
<BR>
7:21/06. MSC RECEIVES FUNDING FOR NEW<BR>
CERTIFICATIONS IN THE AMERICAS: The Marine Stewardship<BR>
Council (MSC), an international non-profit, announced on 19 May that it<BR>
will receive a grant of 250,000 dollars (U.S.) for a three-year effort to<BR=
>
increase the number of fisheries in the Americas under consideration for<BR>
its coveted sustainable seafood certification. The funding will come from<BR=
>
the Texas-based Whole Foods Market, the world's largest organic and<BR>
natural foods supermarket company. Part of the grant will be used to<B=
R>
hire a Fisheries Outreach Officer who will work as a liaison with<BR>
representatives from nine widely consumed seafood fleets including:<BR>
cold water prawns, warm water prawns, cod, pollock, crab, mackerel,<BR>
herring, hake and tuna. <BR>
<BR>
Whole Foods Market is a long-time supporter of sust=
ainable fisheries<BR>
and was the first supermarket to carry the as yet only MSC certified<BR>
American seafood, wild Alaskan salmon. "At a time when scientists<BR>
have just reported vast declines in large predatory fish over the past 50<BR=
>
years, we are thrilled to be able to support a scientific-based seafood<BR>
certification program here in the Americas to encourage and recognize<BR>
well-managed fisheries," said Margaret Wittenberg, Whole Food<BR>
Market's Vice-president for Governmental and Public Affairs. For more,=
<BR>
see the "Press Room" link at: http://eng.msc.org or:<BR>
http://www.flmnh.ufl.edu/fish/InNews/wholefood2003.htm<BR>
<BR>
7:21/07. NORTH COAST COURT RULINGS QUESTION<BR>
LOGGING PRACTICES: Tentative rulings issued this week by a<BR>
Humboldt County court could invalidate much of the historic<BR>
Headwaters Deal of 1999 that set out a long-term logging plan for the<BR>
Pacific Lumber Company's 211,000-acre holdings in southern Humboldt<BR>
County, California. If finalized at a 30 June hearing, the rulings wou=
ld<BR>
be a victory for the area's threatened coho salmon, which spend a crucial<BR=
>
14 to 16 months in their natal riparian habitat before migrating to the<BR>
ocean. The rulings address claims alleged by the Environmental<BR>
Protection Information Center, a Humboldt County non-profit, and the<BR>
United Steelworkers of America in two separate case filings. <BR>
<BR>
At issue is the 100-year Sustainable Yield Plan neg=
otiated by Pacific<BR>
Lumber and the California Department of Forestry and the Incidental<BR>
Take Permit issued to the company by the California Department of Fish<BR>
and Game. Both of these documents were found by California Superior<BR=
>
Court Judge Golden to be fatally flawed and unable to achieve the<BR>
intended goals of protecting Humboldt County's watersheds and<BR>
endangered species. "It really shows that you've got to take into acco=
unt<BR>
the long-term effects of these harvest. It really wasn't done here," s=
aid<BR>
Jonathan Weissglass, attorney for the Steelworker's Union. <BR>
<BR>
In Sacramento on Wednesday, 21 May, John Burton, Pr=
esident of<BR>
California's Senate, called for an investigation into the controversy<BR>
surrounding logging allowed under the Headwaters Deal. To criticism<BR=
>
coming from both Pacific Lumber and the Department of Forestry,<BR>
Burton stated his motivation by saying, "The Headwaters deal cost<BR>
taxpayers close to half a billion dollars, and it is the Legislature's duty=20=
to<BR>
make sure we're getting everything we paid for, including a responsible<BR>
sustained-yield plan." <BR>
<BR>
For more on the State Senate investigation, s=
ee the 22 May Santa<BR>
Rosa Press Democrat article at:<BR>
http://www.pressdemocrat.com/local/news/22burton.html. For more on<BR>
Judge Golden's rulings see the 20 May Eureka Times-Standard article<BR>
located at: http://www.times-standard.com/Stories/<BR>
0,1413,127%257E2896%257E1403261,00.html or the 20 May San<BR>
Francisco Chronicle article available on the web at:<BR>
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2003/<BR=
>
05/20/MN130497.DTL.<BR>
<BR>
7:21/08. SAN FRANCISCO BAY HERRING CLOSURE<BR>
PROPOSED: The California Department of Fish and Game (CDFG) will<BR>
officially propose that the San Francisco Bay herring fishery be closed<BR>
next season (2003-2004) at an informational public meeting to be held<BR>
on Thursday, 5 June. Currently, the CDFG is looking into two options<BR>
for the San Francisco Bay Herring fishery; one being to close it, the<BR>
second being to put the quota at 2,000 to 3,000 tons. Both options will<BR>
be presented to the CDFG Commission for approval and will be<BR>
discussed at public meetings this summer. A 300-ton fishing quota for<BR>
Tomales Bay has also been proposed. The 5 June public meeting will<BR>
start at 0930 HRS in Sausalito at the Bay Model. There will be an<BR>
afternoon meeting of the Director's Herring Advisory Committee<BR>
(DHAC) immediately following the public meeting. For more<BR>
information visit the CDFG website:<BR>
http://www.dfg.ca.gov/mrd/herring/index.html or contact Becky Ota,<BR>
Herring Fishery Manager, at (650)631-6789.<BR>
<BR>
7:22/09. AD HOC COMMITTEE MEETING FOR 2004<BR>
GROUNDFISH ALLOCATIONS: The Pacific Fishery Management<BR>
Council (PFMC) is holding it's Ad Hoc Allocation Committee working<BR>
meeting to discuss allocation and other management options for the 2004<BR>
Pacific Coast groundfish fishery on 10 June in Portland, Oregon. The<BR>
Committee will be deciding on recommendations for consideration by<BR>
the Pacific Fishery Management Council, to be discussed at their<BR>
meeting 16-20 June in Foster City, California. The Ad Hoc Committee<BR>
meeting is open to the public. The PFMC is also releasing "Process and<BR>
Standards for Rebuilding Plans, Preliminary Draft Biological<BR>
Assessment" and "Rebuilding Plans for Darkblotched Rockfish, Pacific<BR>
Ocean Perch, Canary Rockfish, and Lingcod: Preliminary Draft<BR>
Environmental Impact Statement." Copies of the documents and further<B=
R>
meeting information can be found at their website: www.pcouncil.org.<BR>
<BR>
7:22/10. SPANISH OIL COMPANY TO EXTRACT OIL FROM<BR=
>
SUNKEN PRESTIGE: The Spanish company Repsol YPF has been<BR>
contracted by the Spanish government to extract the remaining 37,000<BR>
tons of leaking fuel oil from the sunken oil tanker Prestige, which sank<BR>
off the northwest coast of Spain last November (see Sublegals, 6:23:03).<BR>
The company has developed three ambitious strategies for capturing the<BR>
oil from the wreck, which lies under two miles of water. <BR>
<BR>
First they intend to build robots that will be able=
to inspect and patch<BR>
up the ship. The plan is to make a hole in the wreck, attach a valve and<BR>
capture the oil in a bag, which will be transported to the surface,<BR>
emptied, and lowered back down again. If that doesn't work, a canopy<BR>
will be built around the wreckage, trapping the oil. The oil will then be<BR=
>
pumped to the surface. Repsol YPF said that as a last resort they woul=
d<BR>
try to pump the oil directly out of the wreckage. A few of the difficulties<=
BR>
they will encounter will be preventing the bags from collapsing under<BR>
water pressure, operating the equipment over such long distances,<BR>
keeping the oil flowing, and maintaining the boat's position on the<BR>
surface. There is not yet any estimate on the cost of the operation. For<BR>
more information see the 9 April article in Nature:<BR>
http://www.nature.com/nsu/030407/030407-5.html.<BR>
<BR>
7:21/11. ENGLISH FISHERMEN QUIT FISHING TO SAVE THE=
<BR>
SALMON: The last generation of English driftnet fishermen has decided<BR>
to hang up their nets and their way of life to save the declining stocks of<=
BR>
wild salmon and sea trout. Fifty-two of the last sixty-eight registered<BR>
driftnet fishermen have decided to call it quits and accept a<BR>
compensation package given by the United Kingdom's Environment<BR>
Agency. The decision to quit fishing is voluntary and follows after two<BR>
years of negotiations between the fishermen and the Environment<BR>
Agency. <BR>
<BR>
The buyout is worth 3.4 British Pounds and affects=20=
fishermen that<BR>
fish between North Yorkshire and the Scottish border. The latest<BR>
"Annual Assessment of Salmon Fisheries in England and Wales" shows<BR>
that less than 30 percent of salmon rivers have satisfactory wild stocks.<BR=
>
Last year, driftnetsmen caught 42,000 salmon and sea trout as the fish<BR>
headed for the rivers of northeast England and eastern Scotland. The new<BR>
agreement could reduce the number taken by as much as 75 percent,<BR>
allowing many more fish to reach their spawning grounds. For more<BR>
information see the 19 May Environment News Service article at:<BR>
http://ens-news.com/ens/may2003/2003-05-19-02.asp. The Annual<BR>
Assessment of Salmon Stocks and Fisheries in England and Wales for<BR>
2002 is available online at: http://www.environment-agency.gov.uk/<BR>
commondata/105385/salmon_stocks02.pdf.<BR>
<BR>
<BR>
7:21/12. CANADIAN FISHERIES AND OCEANS DEPARTMENT<B=
R>
VIOLATING ITS OWN MARINE REGULATIONS SAYS REPORT:<BR>
The Canadian Department of Fisheries and Oceans, which is responsible<BR>
for protecting Canada's marine environment, was the subject of an<BR>
investigation and report done by the consulting firm of Stratos Inc. The<BR>
draft of the report, obtained by reporters under Canada's Access to<BR>
Information Act, found that the Department had consistently ignored its<BR>
own environmental laws and regulations over the last seven years,<BR>
including the Federal Fisheries Act. For more information see:<BR>
http://www.canada.com/search/story.aspx?id=3D202251fe-8c02-4e52-aebc<BR>
-80a461d2e5e9.<BR>
<BR>
7:21/13. CANADA ESTABLISHES FIRST MARINE PROTECTED<=
BR>
AREA: On 7 March, Minister of Fisheries and Oceans, Robert G.<BR>
Thibault, announced the establishment of Canada's first Marine<BR>
Protected Area (MPA). The new MPA is off Vancouver Island in British<BR>
Columbia. The area, known as the Endeavour Hydrothermal Vents, is<BR>
home to 12 species of marine life that do not exist anywhere else in the<BR>
world, and 60 species unique to the Juan de Fuca Ridge system.<BR>
Establishing MPAs is a key activity of Canada's Oceans Strategy, which<BR>
was released last year. This designation puts in place enforceable<BR>
regulations to protect the area and its marine organisms, while<BR>
encouraging continued scientific study and research of the ecosystem. <BR>
There are currently 13 areas being considered for designation as Marine<BR>
Protected Areas on Canada's three coasts. For more information see:<BR=
>
http://www.dfo-mpo.gc.ca/media/newsrel/2003/hq-ac10_e.htm. To see a<BR>
copy of Canada's Oceans Strategy go to:<BR>
http://www.cos-soc.gc.ca/dir/cos-soc_e.asp.<BR>
<BR>
&nbs=
p; &n=
bsp; **************************<BR>
<BR>
Paying Attention? Why does California Resources Secretary Mary<BR>
Nichols persist in her letter writing campaign to Secretary of the Interior<=
BR>
Gale Norton, even though thus far her efforts haven't produced a<BR>
response?<BR>
<BR>
A) She doesn't want to break the chain, as she believes that upon<BR>
Norton's response, $25,000 and seven years of good luck will ultimately<BR>
be hers.<BR>
B) She wants Norton to place a $1250 triffecta across the board wager<BR>
on the Funny Cide, Empire Maker, Dynever combination for the 7 June<BR>
Belmont Stakes.<BR>
C) She is insisting that Norton return the specially monogrammed<BR>
"Friend of the Klamath River" guest towels.<BR>
D) Nichols is insistent that the flows on the Klamath River be raised to<BR>
avoid another catastrophic fish kill like last year.<BR>
<BR>
E-Mail your answer to "Editor" at: sublegals@ifrfish.org. One winner is<BR>
drawn each week from a list of those submitting the correct answer. <BR>
<BR>
And the Winner is...... ROBERT MCCLURE, who correctly answered,<BR>
"B) Land sources, including feces from house cats that contain a<BR>
parasite" to the question "The number of sea otters found in the<BR>
Monterey Bay National Marine Sanctuary is declining due to impacts<BR>
from pollution. What is that source of the pollution?" He will receive an<BR=
>
"Order of the Fringehead" certificate and a handsome gray shirt with the<BR>
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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Subscribers who wish to post or circulate hard copy of Sublegals or <BR>
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