[Fishlink] ~~>SUBLEGALS 25July03<~~

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                             ~~>SUBLEGALS  25July03<~~
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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. 08, NO. 04                                             25 JULY 2003
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"DNA can be cut and pasted. Need we do that with science and 
ethics as well?"....... Fred Euphrat                                          
                             
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IN THIS ISSUE.......

Lousiana Fisherman Join Fight to Stop Central American 
Free Trade Agreement . 8:04/01.

NMFS publishes Final Notice on Groundfish BuyBack 
Program. 8:04/03.

Senate Postpones IFQ Hearing, House Introduces Bill To 
Remedy IFQ Situation . 8:04/04.

Bad News "Rigs to Reefs" Bill Back in Congress. 8:04/07.

State Of Maine Ends Wild Atlantic Salmon ESA Listing Fight. 8:04/10.

AND MORE......
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     8:04/01. "SAVE THE MANGROVES, EAT WILD SHRIMP" -
LOUISIANA FISHERMEN MOUNT PROTEST OF CAFTA: No this
isn't France, or India, or even California in 1992, it's Louisiana and the
shrimp fishermen there are embarking on a protest set to start 26 July,
opposing the proposed Central American Free Trade Agreement
(CAFTA). The protest of CAFTA, where Ministers are meeting in New
Orleans, is part of a global effort by fishermen and non-governmental
organizations (NGOs) which has been designated "Salvemos al
Manglar," or "Save the Mangroves."  The protest was initially called for
by Latin American NGOs and fishermen during the "In the Hands of the
Fishermen (IHOF) Workshop" held last month in Fortaleza, Brazil. The
idea is for each coastal region to stage a protest against shrimp farming
and for mangrove conservation by forming small flotillas of fishing
boats in the bays and estuaries near the cities and towns where shrimp
farming and mangrove loss are problems. The Louisiana Shrimp
Association, whose 700 members have been hard hit by cheap farm
shrimp imports, will lead the U.S. fishing industry protest in New
Orleans. At the same time the protest is taking place, the U.S. Congress
is debating the U.S.-Chile Free Trade Agreement that could adversely
affect both Chilean artisanal fishermen and U.S. salmon fishermen.     

     The 26th of July call to action has gotten positive responses from
Bangladesh, India, Malaysia, Ecuador, Brazil, Colombia, Mexico,
Honduras, Nigeria and Germany. U.S. Mangroves and coastal habitats
have been destroyed by shrimp farms, mostly established in tropical
developing countries by multi-national corporations, where traditional
fisheries are displaced to grow shrimp for developed world markets. 
Shrimp farms, utilizing cheap labor, have then been able to dump their
products on world markets, devastating the wild shrimp fishery. Actions
are planned in dozens of countries around the world. In Louisiana,
shrimp boats will gather in a flotilla in Grand Isle and hold a rally and
press conference in Congo Square followed by a march to New Orleans'
J.W. Marriott Hotel, site of the CAFTA negotiations.
 
    CAFTA would lift tariffs and other trade "barriers" between the U.S.
Honduras, Guatemala, Nicaragua, Costa Rica and El Salvador for goods,
agriculture, services and investments in the same way the North
American Free Trade Agreement (NAFTA) lifted barriers between the
U.S., Canada and Mexico.  Cuba, which celebrates on 26 July the 50th
Anniversary of the beginning of its revolution, was not invited. The
talks, the sixth of nine rounds that started in January and end in
December, begin the 26th and run through Thursday. The negotiations
are closed to the public. Opening the door to a NAFTA-style agreement
with Central America would be "one more stake in the heart" for U.S.
shrimpers, A.J. Fabre, President of the Louisiana Shrimp Association
told the Associated Press.

     Gulf Coast shrimpers are seeking to petition the U.S. International
Trade Commission (USTC) for relief from cheap imports by getting the
Commission to impose anti-dumping measures against foreign shrimp
farmers. This past Wednesday, the 23rd, the USTC did impose
substantial tariffs on catfish ("Basa fish") imported from Vietnam, and
earlier it renewed a 5-year tariff on Chinese crawfish tails. Critics of
CAFTA say the agreement could hurt (in addition to U.S. Gulf Coast
shrimpers) small farmers in Central America, would encourage the
exploitation of workers and the degradation of the environment, as well
as lead to the wholesale privatization of essential services, such as health
care and electricity. They also say the structure of the negotiations offers
no forums to let interested people voice their concerns in a meaningful
way. Organized labor and Louisiana's sugar cane farmers also oppose
the agreement. CAFTA is supported by the Louisiana Chemical
Association, representing 73 chemical plants in that state. For more
information, contact shrimpexpress00@aol.com, Brian Marks at:
bmarks1@lsu.edu, or Alfredo Quarto at: mangroveap@olympus.net. 
 
     8:04/02. NATIONAL FISHERY LAW SYMPOSIUM SET FOR
OCTOBER IN SEATTLE: The 21st Annual National Fishery Law
Symposium will be held this year on 23-24 October at the Washington
State Convention & Trade Center, 800 Convention Place, in Seattle. 
Sponsored by the University of Washington's School of Law, this year's
agenda includes discussion on 1) the statutory and regulatory framework
for essential fish habitat (EFH); 2) recent court decisions in
Magnuson-Steven Act, Endangered Species Act and Marine Mammal
Protection Act litigation, and pending decisions of significance in
consumer, antitrust, trade and "takings" cases; 3) The Pew Ocean
Commission and U.S. Commission on Oceans reports; 4)
implementation of the American Fisheries Act: the Lender Amendments
and new developments with respect to citizenship requirements; 5) the
Marine Stewardship Council (MSC) and certification of fisheries as
"responsibly managed," third-party, independent standards for
sustainability, consumer attitudes and eco-labeling opportunities for
seafood products; 6) current initiatives at the North Pacific Fishery
Management Council to "rationalize" the crab and non-pollock
groundfish fisheries, the issue of processor shares and legislative
developments; 7) Endangered Species Act (ESA) litigation relating to
salmon protection in the Pacific Northwest and its implications for
fisheries and other activities; and 8) current issues in implementation of
disaster relief and vessel/permit buyback programs, with special
attention to the Pacific Coast Groundfish Program. For more
information, contact: Kathy Kline at the University of Washington
(kkline@u.washington.edu) or the Symposium Co-Chairs, Eldon
Greenberg (egreenberg@gsblaw.com) or Bud Walsh
(budwalsh@dwt.com).

     8:04/03. NMFS PUBLISHES NOTICE FOR WEST COAST
GROUNDFISH BUYBACK PROGRAM: On 18 July, the National
Marine Fisheries Service (NMFS) published in the Federal Register
(Vol. 68, No. 138, pp. 42613-42643) final notice, effective 18 July,
regarding the fishing capacity reduction program in the Pacific Coast
groundfish fishery (see Sublegals, 7:08/03; 7:04/07; 6:23/06; 6:17/03).
After a successful referendum, harvesters accepted to participate would
be paid to surrender their fishing permits and restrict their vessels. A
loan, which would be repaid by fishermen remaining in the fishery, will
finance the majority of the program's cost.  The program will invite bids
from owners of groundfish trawl permits (except those harvesting
whiting and processing it at sea) that are willing to surrender their
fishing privileges, score the bids in a reverse auction against the value of
bidders' harvests, and then conduct a referendum regarding repayment of
the loan. 

     If the referendum is successful, accepted bidders must relinquish
their California, Oregon, and Washington fishing licenses for coastal
Dungeness crab and pink shrimp. Accepted bidders must also surrender
their federal groundfish permits, as well as all other federal fishing
licenses, fishery permits, area and species endorsements, and any other
fishery privileges issued to vessels named in their bids (or to persons on
the basis of their operation or ownership of those vessels).  The fishing
vessels involved will never again be eligible to fish. 

     If the referendum is not successful, bidders are excused from all such
obligations.  The groundfish program "aims to increase the remaining
harvesters' productivity, help financially stabilize the fishery, and help
conserve and manage its fish."  The notice also contains the groundfish
program's invitation to bid and bidding documents. For information or a
copy of the environmental assessment and regulatory impact review,
contact: Michael L. Grable, Chief, Financial Services Division, National
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD
20910-3282, Tel: (301) 713-2390. 

     8:04/04. SENATE PUNTS ON IFQ STANDARDS, HOUSE IFQ
BILL INTRODUCED: The U.S. Senate's Commerce, Science &
Transportation Committee put over indefinitely its hearing on
legislation, S. 1106, to establish standards for individual fishing quotas
(IFQs). A hearing on this controversial fishery management tool had
previously been set for 19 June (see Sublegals, 7:24/24) but was
postponed over differences among Committee members on allowing
processor quotas.  On the House side, New England Representatives
Tom Allen (D-ME) and William Delahunt (D-MA) have proposed,
following lengthy discussions with their fishermen, a bill that is stronger
than the pending Senate measure.  

     H.R. 2621, the "Fishing Quota Standards Act of 2003," was
introduced on 26 June and currently has 17 co-sponsors.  The bill would
set explicit legal standards that fishery managers would have to follow
when using IFQs. Until last September there had been a Congressional
moratorium on the establishment of IFQs.  Fishermen have charged that
in the past, without proper standards, IFQ programs have caused them to
lose their jobs while doing little to promote fish conservation. Fishing
groups such as PCFFA and the Cape Cod Commercial Hook
Fishermen's Association argue that national standards are necessary
before the National Marine Fisheries Service can approve any additional
IFQ management plans. 
 
     "I am pleased to sponsor this bipartisan bill to create national
standards for fishing quota programs, which will ensure that fisheries are
managed sustainably and that individual fishermen can continue to
participate in fisheries. Local, coastal fishing communities and family
operated fishing businesses are integral to Maine and I want to be sure
that their voice is heard in regional management discussions and in the
national debate over these standards," said Rep. Allen on the
introduction of the bill. Rep. Delahunt continued, saying,  "passage of
this legislation is a critical step toward protecting small boat fleets and
the communities that depend on them."  A number of west coast
members with large fishing districts are co-sponsoring the bill, including
Representatives George Miller, Lois Capps, Mike Thompson, Anna
Eshoo, Sam Farr, Lynn Woolsey and Mike Honda. 

     The standards in H.R. 2621 include many of those PCFFA advanced
to remedy problems inherent in IFQ systems, which PCFFA has
generally opposed. The development of standards is seen as a
compromise between those opposing such systems and those supporting
individual quotas (see "Can't We Just Get Along? It's Time For Fishing
Groups to Find an Accord on IFQs" in the November 2002 issue of
Fishermen's News at: http://www.pcffa.org/fn-nov02.htm). HR.2621
would require IFQ programs to: 

** Promote the conservation of ocean fish by providing additional and
substantial conservation benefits. 

** Limit the duration of IFQ programs and quota shares to seven years.

** Provide for a fair and equitable initial allocation of quota shares. 

** Ensure that IFQ programs and shares are reviewed and renewed only
if they are meeting or exceeding the conservation requirements of the
Magnuson-Stevens Act; if not, they must be revised or revoked. 

** Define and prohibit the excessive consolidation of quota shares.

     The bill is opposed by the National Fisheries Institute (NFI), which
primarily represents importers, processors and distributors in the U.S. It
is seeking to allow processor quotas, which Congressman George Miller
(D-CA) said will make "sharecroppers out of fishermen." NFI
nonetheless is trying to get fishermen's groups to oppose the bill.  For
more information on H.R. 2621, go to: http://thomas.loc.gov. For more
information on IFQs generally, see:
http://www.conservefish.org/site/IFQsummary.pdf. 

     8:04/05. NATIONAL MPA ADVISORY COMMITTEE MEETS;
NOAA SEEKS CRITERIA FOR ESTABLISHING PROTECTED
AREAS:  The first meeting of the U.S. Marine Protected Areas Federal
Advisory Committee took place on 24-25 June at a sparsely attended
meeting in Washington, D.C. The Committee is organized under
Executive Order 13158 on Marine Protected Areas, in which the
National Oceanic & Atmospheric Administration (NOAA) and the
Department of Interior are charged with developing a list of potential
marine protected areas (MPAs).

     The list of MPAs is to represent those sites in U.S. waters - including
the Great Lakes - that meet the Executive Order's marine protected area
definitions. NOAA and Interior jointly proposed for public comments
the criteria, definitions and data fields that are to be used in compiling
an inventory of "marine managed areas" in the U.S. The inventory will
be used to inform federal, state, commonwealth, territorial, local and
Tribal agencies of the locations and characteristics of existing marine
managed areas and to form a pool from which some of these sites may
later be considered for placement on the list of marine protected areas
pursuant to Executive Order 13158. 

     The request for public comments on the proposed criteria was
published in the 23 July Federal Register and is available from NOAA's
Marine Protected Area web site at: www.mpa.gov.  Contacts for further
information and addresses for receipt of comments are provided in the
notice. E-mail comments will also be accepted. The comment period
closes 22 September. Other information about the 30 member Advisory
Committee, Executive Order 13158 and a monthly online newsletter of
federal MPA information and activities are also available on the federal
government's marine protected areas web site at: www.mpa.gov. 

     8:04/06. CALIFORNIA FISH & GAME COMMISSION MEETS IN
LONG BEACH: The California Fish & Game Commission will meet
1-2 August at the City Council Chambers, 333 W. Ocean Boulevard in
Long Beach. For information on the meeting and the agenda, go to:
http://www.dfg.ca.gov/fg_comm.

     8:04/07.  "RIGS TO REEFS" BILL BACK IN US CONGRESS:  It is
said that Congress is one place were no bad idea ever dies.  To give
proof to this maxim, yet another federal bill has been introduced to
"convert" thousands of soon to be abandoned offshore oil drilling
platforms, which would otherwise have to be dismantled and extensively
decontaminated, to other uses.  The oil industry, which has reaped
profits from the platforms for decades and whose permits require them
to remove the rigs once their useful life is over, is seeking to get out of
removal and clean-up costs by leaving the structures in place for other
"benign" uses.  The proposed "Rigs to Reefs Act of 2003," H.R. 2654,
would amend the Outer Continental Shelf Lands Act to direct the
Secretary of Interior to create regulations to authorize use of
decommissioned offshore oil and gas drilling platforms for aquaculture,
as artificial reefs, for scientific research and for "other purposes."   The
proposed legislation would also limit liability of former platform owners
when these structures are converted to other activities, require a study of
how removal (but not retention) would affect existing fish stocks and
coral populations, and amend certain tax provisions.  

     The oil industry has been pushing this idea for years as a way to get
out from under billions of dollars of backlogged decontamination and
cleanup costs and to shift those costs to taxpayers. Several similar state
bills have been pushed hard in the California Legislature (see Sublegals,
4:06/15; 4:02/16; 2:21/13; 2:09/16; 2:08/17) and in several other coastal
states. The seabed around offshore drilling sites is often heavily
contaminated with mercury and other heavy metals as well as other
serious industrial pollutants (see Sublegals, 5:01/01).  There are now
over 4,000 offshore oil platforms in the Gulf of Mexico alone. This bill
was introduced 26 June in the House of Representatives by U.S.
Representative David Vitter (R-LA), and has been referred to the House
Resources and the Ways & Means Committees for review and hearings.  
A copy of Vitter's measure can be found by bill number at:
http://thomas.loc.gov. 

     It seems its not just oil companies and offshore aquaculture hucksters
promoting the "conversion" of the rigs, rather than removal and
clean-up.  Some researchers are latching on to the idea as a potential
source for research dollars. "California's Offshore Oil and Gas Platforms
Serve as Marine Protected Areas, Says Study Published by UC Santa
Barbara Experts" is one example of an article pushing the idea; it was
found in a 10 July University of California Santa Barbara publication
(http://www.ascribe.org). The study the article was based on is at:
http://www.msi.ucsb.edu/ResHi/text/apps/Love/Love.htm. 

     8:04/08.  FISHERIES MANAGEMENT SHOULD ADDRESS
JUVENILE NURSERIES, HABITAT PROTECTIONS, SAYS NEW
REPORT: Fisheries managers should pay more attention to juvenile fish
and their habitats, move away from mitigation and restoration efforts,
and give far greater emphasis to measures to prevent habitat destruction
in the first place, according to a report released by the Ecological
Society of America and reprinted as the Spring 2003 publication of
Issues in Ecology.

     The report, "The Role of Nearshore Ecosystems as Fish and Shellfish
Nurseries," offers new guidelines on which coastal areas serve as vital
spawning and feeding grounds for species such as clawed lobster, pink
snapper, blue crab, flounder, and brown shrimp. Many of the
conclusions of the report on the need for species habitat protection in
particular are similar to those of the recently released Pew Ocean
Commission (see Sublegals, 7:23/01). The report also recommends that
federal agencies such as the National Oceanic & Atmospheric
Administration (NOAA), the U.S. Environmental Protection Agency
(EPA), the U.S. Fish & Wildlife Service (USFWS) and the U.S.
Geological Survey (USGS) establish a joint program focused just on
fisheries nursery ecosystem management.  The report is available at:
http://www.esa.org/sbi/sbi_issues/issues_pdfs/issue11.pdf.

     8:04/09. POLLUTION THREATENS SHELLFISH IN 12
WASHINGTON STATE COUNTIES:  Nearly 15 percent of
Washington State's 314 licensed commercial shellfish growers in 12
counties are now at risk of closures or severe restrictions because of
problems meeting state minimum water quality standards in their bays,
and the situation today is the worst it has been at any time in the past
five years, according to an article in the 8 July Seattle Times.  Elevated
fecal coliform levels, and other serious pollutants, are affecting 20
coastal bays, say state officials, including impacts from deteriorating
sewage systems and both industrial pollution and non-point source
runoff.  For the Times article, go to:
http://seattletimes.nwsource.com/html/localnews/135197819_shellfish08
m0.html.  

     8:04/10.  STATE OF MAINE ENDS WILD ATLANTIC SALMON
ESA LISTING FIGHT: After years of failed state restoration plans and
lawsuits by the state to delay listings, Maine Governor John Baldacci
announced on 24 July that the State of Maine was formally dropping its
opposition to protection under the federal Endangered Species Act
(ESA) for the few wild Atlantic salmon still remaining in eight Maine
streams (see Sublegals, 2:21/04; 2:20/05; 2:19/11; 2:16/02). This means
the state will not appeal a recent court decision dismissing the State's
listing challenge. The lawsuit, which was tossed out by U.S. Federal
District Court Judge Gene Carter on 25 April (see Sublegals, 7:18/06),
challenged the federal government's ESA listing, claiming that there was
no biological distinction between wild fish and abundant farm-raised
salmon, an argument rejected by the Court as well as by scientists asked
to study the issue by the National Research Council (see Sublegals,
5:02/09).

      The eight streams in Maine that are now protected are the last U.S.
remnant wild Atlantic salmon populations left from a territory that once
extended down to coastal Georgia. For more information see the 25 July
Portland Press Herald article at:
http://www.pressherald.com/news/state/030725salmon.shtml.
  
     8:04/11.  NMFS RECLASSIFIES DRIFTNET SWORDFISH
FISHERTY TO CATEGORY 2; SEEKS COMMENT ON ZERO
FISHING MORTALITY RATE GOAL FOR MARINE MAMMALS: 
The National Marine Fisheries Service (NMFS) published in the 9 July
Federal Register (Vol. 68, No. 133, pp 40888-40892) an advance notice
of proposed rulemaking related to the Zero Mortality Rate Goal
(ZMRG) contained in the Marine Mammal Protection Act (MMPA).
The Act states that commercial fisheries shall reduce incidental
mortality and serious injury of marine mammals to insignificant levels
approaching a zero mortality and serious injury rate.  Although the
ZMRG has been a part of the MMPA since it was first enacted in 1972,
there has been no clear or consistent guidance on how much mortality
and serious injury amounts to "insignificant levels."  

     NMFS describes three quantitative options for determining
insignificant levels of mortality and serious injury for population stocks
of marine mammals, and seeks comments on each of these options.
NMFS also requests comments on the consideration of available
technology and economics of fisheries as factors to go into evaluating
whether or not fisheries had achieved the Act's mandate. Send comments
to Chief, Marine Mammal Conservation Division, Attn: ZMRG, Office
of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910. For further information contact: Thomas Eagle,
Office of Protected Resources, (301) 713-2322, ext. 105, or to:
Tom.Eagle@noaa.gov.  The Federal Register can be searched by date or
topic from: http://www.gpoaccess.gov/fr/index.html. 

     The following week, on 15 July, NMFS published in the Federal
Register (Vol. 68, No. 135, pp. 41725-41741) its final List of Fisheries
(LOF) for 2003 as required by the MMPA.  The final LOF for 2003
reflects new information on interactions between commercial fisheries
and marine mammals.  Under the MMPA, NMFS must place each
commercial fishery on the LOF into one of three categories based upon
the level of serious injury and mortality of marine mammals occurring
incidental to that fishery.  

     The categorization of a fishery in the LOF determines whether
participants in that fishery are subject to certain provisions of the
MMPA, such as registration, observer coverage, and take reduction plan
requirements. In this year's LOF, the Driftnet Swordfish fishery
occurring off California was down-classified because all marine
mammal interactions were at 50 percent of PBR.  This is the first case of
a Category I fishery being down-classified as the result of a take
reduction plan, and is seen as an important example of fishermen
successfully working together to dramatically reduce marine mammal
bycatch.  NMFS, however, has refused to list aquaculture operations that
take large numbers of seals and sea lions in their operations under the
LOF. For more information, contact Tanya Dobrzynski, NMFS Office of
Protected Resources, (301) 713-2322.

                                                  **********

Paying Attention?  Louisiana Congressman David Vitter has introduced
legislation to establish a "Rigs to Reefs" Act. Who is behind this bill and
why?

A) Vice-President Dick Cheney is pushing it to establish some posh
offshore resorts with "over the side deep sea fishing" for private
meetings with oil company executives to discuss national energy policy. 
B) The oil industry, which is seeking to get out from under removal and
clean-up costs by leaving the rigs in place or on the sea bottom for
"benign" uses. 
C) The U.S. EPA which wants to use the rigs for growing special
"mercury eating" mussels to improve water quality in the Gulf of
Mexico.
D) Ministers from the WTO who are seeking secure locations to hold
their meetings and trade  talks, such as CAFTA, away from protesters. 
     
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.........NO  ONE.  There was  no correct answer given
for last week's "Paying Attention" Contest. The question from last week
was, "What was one part of the Klamath River BiOp that Judge Saundra
Brown Armstrong didn't have issues with?" and the answer was, "C) The
part where a taxpayer supported "Water Bank" will supply the flows."
Participation in "Paying Attention?" may net you some nice prizes,
including 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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&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT=
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"DNA can be cut and pasted. Need we do that with science and <BR>
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IN THIS ISSUE.......<BR>
<BR>
Lousiana Fisherman Join Fight to Stop Central American <BR>
Free Trade Agreement . 8:04/01.<BR>
<BR>
NMFS publishes Final Notice on Groundfish BuyBack <BR>
Program. 8:04/03.<BR>
<BR>
Senate Postpones IFQ Hearing, House Introduces Bill To <BR>
Remedy IFQ Situation . 8:04/04.<BR>
<BR>
Bad News "Rigs to Reefs" Bill Back in Congress. 8:04/07.<BR>
<BR>
State Of Maine Ends Wild Atlantic Salmon ESA Listing Fight. 8:04/10.<BR>
<BR>
AND MORE......<BR>
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<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/01. "SAVE THE MANGROVES, EAT WILD SHRIMP" -<BR=
>
LOUISIANA FISHERMEN MOUNT PROTEST OF CAFTA: No this<BR>
isn't France, or India, or even California in 1992, it's Louisiana and the<B=
R>
shrimp fishermen there are embarking on a protest set to start 26 July,<BR>
opposing the proposed Central American Free Trade Agreement<BR>
(CAFTA). The protest of CAFTA, where Ministers are meeting in New<BR>
Orleans, is part of a global effort by fishermen and non-governmental<BR>
organizations (NGOs) which has been designated "Salvemos al<BR>
Manglar," or "Save the Mangroves."&nbsp; The protest was initially called fo=
r<BR>
by Latin American NGOs and fishermen during the "In the Hands of the<BR>
Fishermen (IHOF) Workshop" held last month in Fortaleza, Brazil. The<BR>
idea is for each coastal region to stage a protest against shrimp farming<BR=
>
and for mangrove conservation by forming small flotillas of fishing<BR>
boats in the bays and estuaries near the cities and towns where shrimp<BR>
farming and mangrove loss are problems. The Louisiana Shrimp<BR>
Association, whose 700 members have been hard hit by cheap farm<BR>
shrimp imports, will lead the U.S. fishing industry protest in New<BR>
Orleans. At the same time the protest is taking place, the U.S. Congress<BR>
is debating the U.S.-Chile Free Trade Agreement that could adversely<BR>
affect both Chilean artisanal fishermen and U.S. salmon fishermen.&nbsp;&nbs=
p;&nbsp;&nbsp; <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; The 26th of July call to action has gotten positive=
 responses from<BR>
Bangladesh, India, Malaysia, Ecuador, Brazil, Colombia, Mexico,<BR>
Honduras, Nigeria and Germany. U.S. Mangroves and coastal habitats<BR>
have been destroyed by shrimp farms, mostly established in tropical<BR>
developing countries by multi-national corporations, where traditional<BR>
fisheries are displaced to grow shrimp for developed world markets. <BR>
Shrimp farms, utilizing cheap labor, have then been able to dump their<BR>
products on world markets, devastating the wild shrimp fishery. Actions<BR>
are planned in dozens of countries around the world. In Louisiana,<BR>
shrimp boats will gather in a flotilla in Grand Isle and hold a rally and<BR=
>
press conference in Congo Square followed by a march to New Orleans'<BR>
J.W. Marriott Hotel, site of the CAFTA negotiations.<BR>
 <BR>
&nbsp;&nbsp;&nbsp; CAFTA would lift tariffs and other trade "barriers" betwe=
en the U.S.<BR>
Honduras, Guatemala, Nicaragua, Costa Rica and El Salvador for goods,<BR>
agriculture, services and investments in the same way the North<BR>
American Free Trade Agreement (NAFTA) lifted barriers between the<BR>
U.S., Canada and Mexico.&nbsp; Cuba, which celebrates on 26 July the 50th<BR=
>
Anniversary of the beginning of its revolution, was not invited. The<BR>
talks, the sixth of nine rounds that started in January and end in<BR>
December, begin the 26th and run through Thursday. The negotiations<BR>
are closed to the public. Opening the door to a NAFTA-style agreement<BR>
with Central America would be "one more stake in the heart" for U.S.<BR>
shrimpers, A.J. Fabre, President of the Louisiana Shrimp Association<BR>
told the Associated Press.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; Gulf Coast shrimpers are seeking to petition the U.=
S. International<BR>
Trade Commission (USTC) for relief from cheap imports by getting the<BR>
Commission to impose anti-dumping measures against foreign shrimp<BR>
farmers. This past Wednesday, the 23rd, the USTC did impose<BR>
substantial tariffs on catfish ("Basa fish") imported from Vietnam, and<BR>
earlier it renewed a 5-year tariff on Chinese crawfish tails. Critics of<BR>
CAFTA say the agreement could hurt (in addition to U.S. Gulf Coast<BR>
shrimpers) small farmers in Central America, would encourage the<BR>
exploitation of workers and the degradation of the environment, as well<BR>
as lead to the wholesale privatization of essential services, such as health=
<BR>
care and electricity. They also say the structure of the negotiations offers=
<BR>
no forums to let interested people voice their concerns in a meaningful<BR>
way. Organized labor and Louisiana's sugar cane farmers also oppose<BR>
the agreement. CAFTA is supported by the Louisiana Chemical<BR>
Association, representing 73 chemical plants in that state. For more<BR>
information, contact shrimpexpress00@aol.com, Brian Marks at:<BR>
bmarks1@lsu.edu, or Alfredo Quarto at: mangroveap@olympus.net. <BR>
 <BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/02. NATIONAL FISHERY LAW SYMPOSIUM SET FOR<BR>
OCTOBER IN SEATTLE: The 21st Annual National Fishery Law<BR>
Symposium will be held this year on 23-24 October at the Washington<BR>
State Convention &amp; Trade Center, 800 Convention Place, in Seattle. <BR>
Sponsored by the University of Washington's School of Law, this year's<BR>
agenda includes discussion on 1) the statutory and regulatory framework<BR>
for essential fish habitat (EFH); 2) recent court decisions in<BR>
Magnuson-Steven Act, Endangered Species Act and Marine Mammal<BR>
Protection Act litigation, and pending decisions of significance in<BR>
consumer, antitrust, trade and "takings" cases; 3) The Pew Ocean<BR>
Commission and U.S. Commission on Oceans reports; 4)<BR>
implementation of the American Fisheries Act: the Lender Amendments<BR>
and new developments with respect to citizenship requirements; 5) the<BR>
Marine Stewardship Council (MSC) and certification of fisheries as<BR>
"responsibly managed," third-party, independent standards for<BR>
sustainability, consumer attitudes and eco-labeling opportunities for<BR>
seafood products; 6) current initiatives at the North Pacific Fishery<BR>
Management Council to "rationalize" the crab and non-pollock<BR>
groundfish fisheries, the issue of processor shares and legislative<BR>
developments; 7) Endangered Species Act (ESA) litigation relating to<BR>
salmon protection in the Pacific Northwest and its implications for<BR>
fisheries and other activities; and 8) current issues in implementation of<B=
R>
disaster relief and vessel/permit buyback programs, with special<BR>
attention to the Pacific Coast Groundfish Program. For more<BR>
information, contact: Kathy Kline at the University of Washington<BR>
(kkline@u.washington.edu) or the Symposium Co-Chairs, Eldon<BR>
Greenberg (egreenberg@gsblaw.com) or Bud Walsh<BR>
(budwalsh@dwt.com).<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/03. NMFS PUBLISHES NOTICE FOR WEST COAST<BR>
GROUNDFISH BUYBACK PROGRAM: On 18 July, the National<BR>
Marine Fisheries Service (NMFS) published in the Federal Register<BR>
(Vol. 68, No. 138, pp. 42613-42643) final notice, effective 18 July,<BR>
regarding the fishing capacity reduction program in the Pacific Coast<BR>
groundfish fishery (see Sublegals, 7:08/03; 7:04/07; 6:23/06; 6:17/03).<BR>
After a successful referendum, harvesters accepted to participate would<BR>
be paid to surrender their fishing permits and restrict their vessels. A<BR>
loan, which would be repaid by fishermen remaining in the fishery, will<BR>
finance the majority of the program's cost.&nbsp; The program will invite bi=
ds<BR>
from owners of groundfish trawl permits (except those harvesting<BR>
whiting and processing it at sea) that are willing to surrender their<BR>
fishing privileges, score the bids in a reverse auction against the value of=
<BR>
bidders' harvests, and then conduct a referendum regarding repayment of<BR>
the loan. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; If the referendum is successful, accepted bidders m=
ust relinquish<BR>
their California, Oregon, and Washington fishing licenses for coastal<BR>
Dungeness crab and pink shrimp. Accepted bidders must also surrender<BR>
their federal groundfish permits, as well as all other federal fishing<BR>
licenses, fishery permits, area and species endorsements, and any other<BR>
fishery privileges issued to vessels named in their bids (or to persons on<B=
R>
the basis of their operation or ownership of those vessels).&nbsp; The fishi=
ng<BR>
vessels involved will never again be eligible to fish. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; If the referendum is not successful, bidders are ex=
cused from all such<BR>
obligations.&nbsp; The groundfish program "aims to increase the remaining<BR=
>
harvesters' productivity, help financially stabilize the fishery, and help<B=
R>
conserve and manage its fish."&nbsp; The notice also contains the groundfish=
<BR>
program's invitation to bid and bidding documents. For information or a<BR>
copy of the environmental assessment and regulatory impact review,<BR>
contact: Michael L. Grable, Chief, Financial Services Division, National<BR>
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD<BR>
20910-3282, Tel: (301) 713-2390. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/04. SENATE PUNTS ON IFQ STANDARDS, HOUSE IFQ<B=
R>
BILL INTRODUCED: The U.S. Senate's Commerce, Science &amp;<BR>
Transportation Committee put over indefinitely its hearing on<BR>
legislation, S. 1106, to establish standards for individual fishing quotas<B=
R>
(IFQs). A hearing on this controversial fishery management tool had<BR>
previously been set for 19 June (see Sublegals, 7:24/24) but was<BR>
postponed over differences among Committee members on allowing<BR>
processor quotas.&nbsp; On the House side, New England Representatives<BR>
Tom Allen (D-ME) and William Delahunt (D-MA) have proposed,<BR>
following lengthy discussions with their fishermen, a bill that is stronger<=
BR>
than the pending Senate measure.&nbsp; <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; H.R. 2621, the "Fishing Quota Standards Act of 2003=
," was<BR>
introduced on 26 June and currently has 17 co-sponsors.&nbsp; The bill would=
<BR>
set explicit legal standards that fishery managers would have to follow<BR>
when using IFQs. Until last September there had been a Congressional<BR>
moratorium on the establishment of IFQs.&nbsp; Fishermen have charged that<B=
R>
in the past, without proper standards, IFQ programs have caused them to<BR>
lose their jobs while doing little to promote fish conservation. Fishing<BR>
groups such as PCFFA and the Cape Cod Commercial Hook<BR>
Fishermen's Association argue that national standards are necessary<BR>
before the National Marine Fisheries Service can approve any additional<BR>
IFQ management plans. <BR>
 <BR>
&nbsp;&nbsp;&nbsp;&nbsp; "I am pleased to sponsor this bipartisan bill to cr=
eate national<BR>
standards for fishing quota programs, which will ensure that fisheries are<B=
R>
managed sustainably and that individual fishermen can continue to<BR>
participate in fisheries. Local, coastal fishing communities and family<BR>
operated fishing businesses are integral to Maine and I want to be sure<BR>
that their voice is heard in regional management discussions and in the<BR>
national debate over these standards," said Rep. Allen on the<BR>
introduction of the bill. Rep. Delahunt continued, saying,&nbsp; "passage of=
<BR>
this legislation is a critical step toward protecting small boat fleets and<=
BR>
the communities that depend on them."&nbsp; A number of west coast<BR>
members with large fishing districts are co-sponsoring the bill, including<B=
R>
Representatives George Miller, Lois Capps, Mike Thompson, Anna<BR>
Eshoo, Sam Farr, Lynn Woolsey and Mike Honda. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; The standards in H.R. 2621 include many of those PC=
FFA advanced<BR>
to remedy problems inherent in IFQ systems, which PCFFA has<BR>
generally opposed. The development of standards is seen as a<BR>
compromise between those opposing such systems and those supporting<BR>
individual quotas (see "Can't We Just Get Along? It's Time For Fishing<BR>
Groups to Find an Accord on IFQs" in the November 2002 issue of<BR>
Fishermen's News at: http://www.pcffa.org/fn-nov02.htm). HR.2621<BR>
would require IFQ programs to: <BR>
<BR>
** Promote the conservation of ocean fish by providing additional and<BR>
substantial conservation benefits. <BR>
<BR>
** Limit the duration of IFQ programs and quota shares to seven years.<BR>
<BR>
** Provide for a fair and equitable initial allocation of quota shares. <BR>
<BR>
** Ensure that IFQ programs and shares are reviewed and renewed only<BR>
if they are meeting or exceeding the conservation requirements of the<BR>
Magnuson-Stevens Act; if not, they must be revised or revoked. <BR>
<BR>
** Define and prohibit the excessive consolidation of quota shares.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; The bill is opposed by the National Fisheries Insti=
tute (NFI), which<BR>
primarily represents importers, processors and distributors in the U.S. It<B=
R>
is seeking to allow processor quotas, which Congressman George Miller<BR>
(D-CA) said will make "sharecroppers out of fishermen." NFI<BR>
nonetheless is trying to get fishermen's groups to oppose the bill.&nbsp; Fo=
r<BR>
more information on H.R. 2621, go to: http://thomas.loc.gov. For more<BR>
information on IFQs generally, see:<BR>
http://www.conservefish.org/site/IFQsummary.pdf. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/05. NATIONAL MPA ADVISORY COMMITTEE MEETS;<BR>
NOAA SEEKS CRITERIA FOR ESTABLISHING PROTECTED<BR>
AREAS:&nbsp; The first meeting of the U.S. Marine Protected Areas Federal<BR=
>
Advisory Committee took place on 24-25 June at a sparsely attended<BR>
meeting in Washington, D.C. The Committee is organized under<BR>
Executive Order 13158 on Marine Protected Areas, in which the<BR>
National Oceanic &amp; Atmospheric Administration (NOAA) and the<BR>
Department of Interior are charged with developing a list of potential<BR>
marine protected areas (MPAs).<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; The list of MPAs is to represent those sites in U.S=
. waters - including<BR>
the Great Lakes - that meet the Executive Order's marine protected area<BR>
definitions. NOAA and Interior jointly proposed for public comments<BR>
the criteria, definitions and data fields that are to be used in compiling<B=
R>
an inventory of "marine managed areas" in the U.S. The inventory will<BR>
be used to inform federal, state, commonwealth, territorial, local and<BR>
Tribal agencies of the locations and characteristics of existing marine<BR>
managed areas and to form a pool from which some of these sites may<BR>
later be considered for placement on the list of marine protected areas<BR>
pursuant to Executive Order 13158. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; The request for public comments on the proposed cri=
teria was<BR>
published in the 23 July Federal Register and is available from NOAA's<BR>
Marine Protected Area web site at: www.mpa.gov.&nbsp; Contacts for further<B=
R>
information and addresses for receipt of comments are provided in the<BR>
notice. E-mail comments will also be accepted. The comment period<BR>
closes 22 September. Other information about the 30 member Advisory<BR>
Committee, Executive Order 13158 and a monthly online newsletter of<BR>
federal MPA information and activities are also available on the federal<BR>
government's marine protected areas web site at: www.mpa.gov. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/06. CALIFORNIA FISH &amp; GAME COMMISSION MEET=
S IN<BR>
LONG BEACH: The California Fish &amp; Game Commission will meet<BR>
1-2 August at the City Council Chambers, 333 W. Ocean Boulevard in<BR>
Long Beach. For information on the meeting and the agenda, go to:<BR>
http://www.dfg.ca.gov/fg_comm.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/07.&nbsp; "RIGS TO REEFS" BILL BACK IN US CONG=
RESS:&nbsp; It is<BR>
said that Congress is one place were no bad idea ever dies.&nbsp; To give<BR=
>
proof to this maxim, yet another federal bill has been introduced to<BR>
"convert" thousands of soon to be abandoned offshore oil drilling<BR>
platforms, which would otherwise have to be dismantled and extensively<BR>
decontaminated, to other uses.&nbsp; The oil industry, which has reaped<BR>
profits from the platforms for decades and whose permits require them<BR>
to remove the rigs once their useful life is over, is seeking to get out of<=
BR>
removal and clean-up costs by leaving the structures in place for other<BR>
"benign" uses.&nbsp; The proposed "Rigs to Reefs Act of 2003," H.R. 2654,<BR=
>
would amend the Outer Continental Shelf Lands Act to direct the<BR>
Secretary of Interior to create regulations to authorize use of<BR>
decommissioned offshore oil and gas drilling platforms for aquaculture,<BR>
as artificial reefs, for scientific research and for "other purposes."&nbsp;=
&nbsp; The<BR>
proposed legislation would also limit liability of former platform owners<BR=
>
when these structures are converted to other activities, require a study of<=
BR>
how removal (but not retention) would affect existing fish stocks and<BR>
coral populations, and amend certain tax provisions.&nbsp; <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; The oil industry has been pushing this idea for yea=
rs as a way to get<BR>
out from under billions of dollars of backlogged decontamination and<BR>
cleanup costs and to shift those costs to taxpayers. Several similar state<B=
R>
bills have been pushed hard in the California Legislature (see Sublegals,<BR=
>
4:06/15; 4:02/16; 2:21/13; 2:09/16; 2:08/17) and in several other coastal<BR=
>
states. The seabed around offshore drilling sites is often heavily<BR>
contaminated with mercury and other heavy metals as well as other<BR>
serious industrial pollutants (see Sublegals, 5:01/01).&nbsp; There are now<=
BR>
over 4,000 offshore oil platforms in the Gulf of Mexico alone. This bill<BR>
was introduced 26 June in the House of Representatives by U.S.<BR>
Representative David Vitter (R-LA), and has been referred to the House<BR>
Resources and the Ways &amp; Means Committees for review and hearings.&nbsp;=
 <BR>
A copy of Vitter's measure can be found by bill number at:<BR>
http://thomas.loc.gov. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; It seems its not just oil companies and offshore aq=
uaculture hucksters<BR>
promoting the "conversion" of the rigs, rather than removal and<BR>
clean-up.&nbsp; Some researchers are latching on to the idea as a potential<=
BR>
source for research dollars. "California's Offshore Oil and Gas Platforms<BR=
>
Serve as Marine Protected Areas, Says Study Published by UC Santa<BR>
Barbara Experts" is one example of an article pushing the idea; it was<BR>
found in a 10 July University of California Santa Barbara publication<BR>
(http://www.ascribe.org). The study the article was based on is at:<BR>
http://www.msi.ucsb.edu/ResHi/text/apps/Love/Love.htm. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/08.&nbsp; FISHERIES MANAGEMENT SHOULD ADDRESS<=
BR>
JUVENILE NURSERIES, HABITAT PROTECTIONS, SAYS NEW<BR>
REPORT: Fisheries managers should pay more attention to juvenile fish<BR>
and their habitats, move away from mitigation and restoration efforts,<BR>
and give far greater emphasis to measures to prevent habitat destruction<BR>
in the first place, according to a report released by the Ecological<BR>
Society of America and reprinted as the Spring 2003 publication of<BR>
Issues in Ecology.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; The report, "The Role of Nearshore Ecosystems as Fi=
sh and Shellfish<BR>
Nurseries," offers new guidelines on which coastal areas serve as vital<BR>
spawning and feeding grounds for species such as clawed lobster, pink<BR>
snapper, blue crab, flounder, and brown shrimp. Many of the<BR>
conclusions of the report on the need for species habitat protection in<BR>
particular are similar to those of the recently released Pew Ocean<BR>
Commission (see Sublegals, 7:23/01). The report also recommends that<BR>
federal agencies such as the National Oceanic &amp; Atmospheric<BR>
Administration (NOAA), the U.S. Environmental Protection Agency<BR>
(EPA), the U.S. Fish &amp; Wildlife Service (USFWS) and the U.S.<BR>
Geological Survey (USGS) establish a joint program focused just on<BR>
fisheries nursery ecosystem management.&nbsp; The report is available at:<BR=
>
http://www.esa.org/sbi/sbi_issues/issues_pdfs/issue11.pdf.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/09. POLLUTION THREATENS SHELLFISH IN 12<BR>
WASHINGTON STATE COUNTIES:&nbsp; Nearly 15 percent of<BR>
Washington State's 314 licensed commercial shellfish growers in 12<BR>
counties are now at risk of closures or severe restrictions because of<BR>
problems meeting state minimum water quality standards in their bays,<BR>
and the situation today is the worst it has been at any time in the past<BR>
five years, according to an article in the 8 July Seattle Times.&nbsp; Eleva=
ted<BR>
fecal coliform levels, and other serious pollutants, are affecting 20<BR>
coastal bays, say state officials, including impacts from deteriorating<BR>
sewage systems and both industrial pollution and non-point source<BR>
runoff.&nbsp; For the Times article, go to:<BR>
http://seattletimes.nwsource.com/html/localnews/135197819_shellfish08<BR>
m0.html.&nbsp; <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/10.&nbsp; STATE OF MAINE ENDS WILD ATLANTIC SA=
LMON<BR>
ESA LISTING FIGHT: After years of failed state restoration plans and<BR>
lawsuits by the state to delay listings, Maine Governor John Baldacci<BR>
announced on 24 July that the State of Maine was formally dropping its<BR>
opposition to protection under the federal Endangered Species Act<BR>
(ESA) for the few wild Atlantic salmon still remaining in eight Maine<BR>
streams (see Sublegals, 2:21/04; 2:20/05; 2:19/11; 2:16/02). This means<BR>
the state will not appeal a recent court decision dismissing the State's<BR>
listing challenge. The lawsuit, which was tossed out by U.S. Federal<BR>
District Court Judge Gene Carter on 25 April (see Sublegals, 7:18/06),<BR>
challenged the federal government's ESA listing, claiming that there was<BR>
no biological distinction between wild fish and abundant farm-raised<BR>
salmon, an argument rejected by the Court as well as by scientists asked<BR>
to study the issue by the National Research Council (see Sublegals,<BR>
5:02/09).<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The eight streams in Maine that are now prote=
cted are the last U.S.<BR>
remnant wild Atlantic salmon populations left from a territory that once<BR>
extended down to coastal Georgia. For more information see the 25 July<BR>
Portland Press Herald article at:<BR>
http://www.pressherald.com/news/state/030725salmon.shtml.<BR>
&nbsp; <BR>
&nbsp;&nbsp;&nbsp;&nbsp; 8:04/11.&nbsp; NMFS RECLASSIFIES DRIFTNET SWORDFISH=
<BR>
FISHERTY TO CATEGORY 2; SEEKS COMMENT ON ZERO<BR>
FISHING MORTALITY RATE GOAL FOR MARINE MAMMALS: <BR>
The National Marine Fisheries Service (NMFS) published in the 9 July<BR>
Federal Register (Vol. 68, No. 133, pp 40888-40892) an advance notice<BR>
of proposed rulemaking related to the Zero Mortality Rate Goal<BR>
(ZMRG) contained in the Marine Mammal Protection Act (MMPA).<BR>
The Act states that commercial fisheries shall reduce incidental<BR>
mortality and serious injury of marine mammals to insignificant levels<BR>
approaching a zero mortality and serious injury rate.&nbsp; Although the<BR>
ZMRG has been a part of the MMPA since it was first enacted in 1972,<BR>
there has been no clear or consistent guidance on how much mortality<BR>
and serious injury amounts to "insignificant levels."&nbsp; <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; NMFS describes three quantitative options for deter=
mining<BR>
insignificant levels of mortality and serious injury for population stocks<B=
R>
of marine mammals, and seeks comments on each of these options.<BR>
NMFS also requests comments on the consideration of available<BR>
technology and economics of fisheries as factors to go into evaluating<BR>
whether or not fisheries had achieved the Act's mandate. Send comments<BR>
to Chief, Marine Mammal Conservation Division, Attn: ZMRG, Office<BR>
of Protected Resources, NMFS, 1315 East-West Highway, Silver<BR>
Spring, MD 20910. For further information contact: Thomas Eagle,<BR>
Office of Protected Resources, (301) 713-2322, ext. 105, or to:<BR>
Tom.Eagle@noaa.gov.&nbsp; The Federal Register can be searched by date or<BR=
>
topic from: http://www.gpoaccess.gov/fr/index.html. <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; The following week, on 15 July, NMFS published in t=
he Federal<BR>
Register (Vol. 68, No. 135, pp. 41725-41741) its final List of Fisheries<BR>
(LOF) for 2003 as required by the MMPA.&nbsp; The final LOF for 2003<BR>
reflects new information on interactions between commercial fisheries<BR>
and marine mammals.&nbsp; Under the MMPA, NMFS must place each<BR>
commercial fishery on the LOF into one of three categories based upon<BR>
the level of serious injury and mortality of marine mammals occurring<BR>
incidental to that fishery.&nbsp; <BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp; The categorization of a fishery in the LOF determin=
es whether<BR>
participants in that fishery are subject to certain provisions of the<BR>
MMPA, such as registration, observer coverage, and take reduction plan<BR>
requirements. In this year's LOF, the Driftnet Swordfish fishery<BR>
occurring off California was down-classified because all marine<BR>
mammal interactions were at 50 percent of PBR.&nbsp; This is the first case=20=
of<BR>
a Category I fishery being down-classified as the result of a take<BR>
reduction plan, and is seen as an important example of fishermen<BR>
successfully working together to dramatically reduce marine mammal<BR>
bycatch.&nbsp; NMFS, however, has refused to list aquaculture operations tha=
t<BR>
take large numbers of seals and sea lions in their operations under the<BR>
LOF. For more information, contact Tanya Dobrzynski, NMFS Office of<BR>
Protected Resources, (301) 713-2322.<BR>
<BR>
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbs=
p;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&n=
bsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;=
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; *********=
*<BR>
<BR>
Paying Attention?&nbsp; Louisiana Congressman David Vitter has introduced<BR=
>
legislation to establish a "Rigs to Reefs" Act. Who is behind this bill and<=
BR>
why?<BR>
<BR>
A) Vice-President Dick Cheney is pushing it to establish some posh<BR>
offshore resorts with "over the side deep sea fishing" for private<BR>
meetings with oil company executives to discuss national energy policy. <BR>
B) The oil industry, which is seeking to get out from under removal and<BR>
clean-up costs by leaving the rigs in place or on the sea bottom for<BR>
"benign" uses. <BR>
C) The U.S. EPA which wants to use the rigs for growing special<BR>
"mercury eating" mussels to improve water quality in the Gulf of<BR>
Mexico.<BR>
D) Ministers from the WTO who are seeking secure locations to hold<BR>
their meetings and trade&nbsp; talks, such as CAFTA, away from protesters. <=
BR>
&nbsp;&nbsp;&nbsp;&nbsp; <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.........NO&nbsp; ONE.&nbsp; There was&nbsp; no correct ans=
wer given<BR>
for last week's "Paying Attention" Contest. The question from last week<BR>
was, "What was one part of the Klamath River BiOp that Judge Saundra<BR>
Brown Armstrong didn't have issues with?" and the answer was, "C) The<BR>
part where a taxpayer supported "Water Bank" will supply the flows."<BR>
Participation in "Paying Attention?" may net you some nice prizes,<BR>
including an "Order of the Fringehead" certificate and a handsome gray<BR>
shirt with the cuddly Sarcastic Fringehead Sublegals logo.<BR>
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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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