[Fishlink] ~~>SUBLEGALS 29Aug03<~~
bit-bucket@straylight.primelogic.com
bit-bucket@straylight.primelogic.com
Fri, 5 Sep 2003 16:56:39 EDT
--part1_16b.237535d7.2c8a5287_boundary
Content-Type: text/plain; charset="US-ASCII"
Content-Transfer-Encoding: 7bit
REMINDER - SUBLEGALS HIATUS: Sublegals will be on a
two-week summer hiatus starting 5 September, returning with the issue
dated 19 September. During this time we will be working on revamping
Sublegals, and are asking for reader's help. A short survey will soon be
e-mailed to all readers asking that they fill out a quick, totally
anonymous survey about Sublegals and provide their suggestions.
Answers and suggestions will help us bring you Sublegals in the most
useful manner possible and to improve our coverage.
##########################################################
~~>SUBLEGALS 29Aug03<~~
##########################################################
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. 09 29 SEPTEMBER 2003
##########################################################
"In America these days, if you ignite a forest, your company gets
rewarded with millions in free timber and a photo-op with the
commander-in-chief. If you torch an SUV, you're labeled a terrorist and
get sent to the federal slammer for 10 years."....... Jeffrey St. Clair
##########################################################
IN THIS ISSUE.......
California Legislature Passes Bill Protecting Ocean
Waters From Aquaculture. 8:09/01.
Importers, Restaurants Begin Testing For PCBs in
Farmed Salmon. 8:09/03.
Lawsuit, Legislation to Halt Use of Atrezine, PBDEs. 8:09/05.
Type of Mercury Found in Some Fish May Be Less
Harmful Than Originally Thought. 8:09/06.
California Approves Conservative Quota for 2003-2004
San Francisco Bay Herring Fishery. 8:09/11.
##########################################################
8:09/01. CALIFORNIA LEGISLATURE PASSES SHER BILL
PROTECTING STATE'S OCEAN WATERS FROM OFFSHORE
AQUACULTURE: The California Legislature passed and sent to
Governor Gray Davis SB 245 on 27 August, a bill to protect the state's
coastal ocean waters and fisheries by prohibiting ocean cage aquaculture
of salmon, non-native finfish and genetically-engineered ("transgenic")
species. "This legislation is designed to prevent development and
operation of the kind of industrial-scale fish farming that now exists off
the coasts of British Columbia, Washington State, South America and
Europe," explained State Senator Byron Sher (D-Palo Alto), the bill's
author. "These fish farms have been described as 'feedlots of the sea'
because of the tremendous environmental and pollution problems they
cause. We don't need those type of operations off the coast of
California."
Sher noted that farm-raised salmon in Canada and Europe routinely
escape from their ocean net pens by the hundreds of thousands,
competing for habitat with native populations and, in the Atlantic,
interbreeding with wild fish. Escaped Atlantic salmon have already
begun spawning and reproducing in British Columbia Rivers and this
year escaped farmed salmon have been found in Alaska's Kenai
Penninsula and in streams in Thurston County in Washington State (see
Sublegals, 8:03/07). Moreover, parasites from farmed salmon operations
in B.C. have decimated the province's wild pink salmon populations.
"Without a ban on ocean fish farming, California's remaining stocks of
wild salmon would be in even greater peril if the federal government
allows the production of 'transgenic' salmon for human consumption,"
Sher commented. "I am hopeful that other states and countries will
follow California's example by banning genetically-modified fish from
their waters." In fact, the State of Washington, which has allowed
salmon farms in Puget Sound, enacted a regulatory ban late last year on
open ocean finfish aquaculture (see Sublegals, 6:24/09), including
transgenic fish.
The bill is in response to the pending application before the U.S.
Food & Drug Administration (FDA) by Aqua Bounty to produce and
sell genetically-engineered, or "transgenic," (also called "Frankenfish")
Atlantic salmon for net pen salmon aquaculture operations (see
Sublegals, 8:05/04; 7:26/08; 7:20/02; 7:07/08; 7:04/01; 6:10/03;
6:08/01; 5:09/02; 5:01/05; 4:16/13; 4:11/10; 3:32/14; 3:19/03; 3:07/15;
3:05/15; 2:16/11). Additionally the National Marine Fisheries Service
(NMFS) is quietly promoting offshore net pen (or "cage") aquaculture in
the U.S. Exclusive Economic Zone (EEZ) (3-200 miles). NMFS held a
workshop in Seattle on 25 October 2002 discussing a "code of conduct"
for such operations (see Sublegals, 6:18/07).
Despite widespread concern about the impacts of net pen aquaculture
operations on the marine environment (see Sublegals, 8:02/11; 7:26/09,
7:24/13; 7:24/12; 7:23/04), the federal fishery agency, along with the
National Sea Grant Program, has abandoned its professed support for the
precautionary principle in pushing for open ocean feedlots (for more
information, go to the following websites at:
http://www.oceanspar.com,
http://seagrant.gso.uri.edu/noreaster/noreaster99/NH.html, and
http://www.lib.noaa.gov/docaqua/frontpage.htm).
NMFS "has commissioned research into underwater cages that could
be used to grow tuna, halibut, cod and other species," according to an
article that will appear in the 31 August issue of London's Sunday
Times. "The plan suggests that cages tethered to the seabed miles
offshore could produce as much fish as the world would ever need."
Plans for such operations are afoot in Hawaii, Texas, New Hampshire,
Florida and Puerto Rico. In the U.S. Congress, legislation (H.R. 2564)
has been introduced to allow the use of offshore oil rigs
("Rigs-to-Reefs") for at-sea aquaculture net pen operations (see
Sublegals, 8:04/07). For a copy of the legislation by U.S. Representative
David Vitter (R-LA), go to: http://frwebgate.access.gpo.gov/
cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:h2654ih.txt.pdf.
Even though the federal government is pushing ahead with open
ocean aquaculture and the development of genetically-engineered fish,
doubts are being raised regarding the claims being made for aquaculture
and the efficacy, both environmentally and economically, of some of its
operations (see Sublegals, 8:07/07). "The only people who ever thought
aquaculture was going to be a panacea have a poor understanding of the
industry," Fred Conte, an aquaculture specialist at the University of
California/Davis told the Associated Press. "It's never going to replace
natural fisheries; it's only going to supplement them. We hope it never
replaces a natural fishery, because that means we lost a battle out there."
To see the AP article, "Aquaculture's Promise Called a Fish Tale," that
appeared in the 17 August Contra Costa Times, go to:
http://www.bayarea.com/mld/cctimes/living/science/6553456.htm.
SB 245 implements one of the recommendations of the Pew Ocean
Commission, which earlier in the summer urged a moratorium on
development of ocean, net pen aquaculture facilities (see Sublegals,
7:23/01). Sher noted, however, that there are currently no commercial
fish farming operations off the coast of California, other than for
shellfish. "If properly regulated, fish farming in 'on shore' and 'closed
water' facilities, can provide an important benefit to society by easing
fishing pressure on wild fish populations, and providing the public with
alternative sources of seafood," said the Senator.
IFR's Natasha Benjamin, who has been deeply involved in farmed
fish and transgenic fish issues as part of the Institute's "Good Fish:
Seasonal, Healthful, Sustainable" program, thanked Senator Sher and
Assemblywoman Patty Berg (D-Eureka), who took the measure up on
the Assembly floor, for their efforts to get the landmark legislation to the
Governor. "We have all witnessed the destruction done to our fish and
fishing communities when overfishing occurred, when pollution
poisoned the waters, when fish habitat was damaged or lost; we cannot
allow rapacious aquaculture operations to wreak the same destruction,"
said Benjamin. "If the federal government will not be responsible, then it
will be up to the states to protect our seas from these ocean feedlots." In
addition to IFR, SB 245 was supported by PCFFA, the Ocean
Conservancy, the Center for Food Safety, the Sierra Club, and the
California Aquaculture Association. For more information on SB 245,
see the 28 August San Francisco Chronicle article by Jane Kay at:
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/08/28/MN1179
42.DTL.
8:09/02. CALIFORNIA COUNTY SEEKS TO ESTABLISH FIRST
GMO-FREE ZONE IN NATION: Following on the heels of the passage
of SB 245 to ban genetically-engineered (GE) fish in open ocean net pen
operations (see 8:09/02 above), Mendocino County in northern
California is seeking to be the first GMO [genetically modified
organism]-free zone in the nation. Residents have launched a ballot
initiative that would ban GE crops in the county. Stores will still be
allowed to stock foods with GE ingredients, but keeping the county
clean of transgenic crops is intended to protect local conventional and
organic farmers from being contaminated by drifting GE pollen.
The concern of County residents appears well founded. On 12
August, AgriNews reported traces of GMO crops continue to threaten
the livelihood and future of organic producers across North America.
"Experts agree that GMO crops pose a potential threat to organic
production, but little has been done to regulate any reduction of the
risk...... GMO genes are already widespread. Last year, cornfields in
Iowa and Nebraska were destroyed after it was feared they had been
contaminated by test plots of corn varieties that had been modified to
produce pharmaceuticals, vaccines and industrial products, " said the
Agrinews article. For more, see:
http://webstar.postbulletin.com/agrinews/278393525613313.bsp.
For the County there is concern for GE crop pollen drift and GE fish
escapes. Fort Bragg, once the largest ocean salmon port along the U.S.
Pacific coast, is in Mendocino County and the County boasts a
world-class wine growing region as well an organic beer industry.
Assemblywoman Patty Berg, who spearheaded the legislation (SB 245)
to ban transgenic ocean net pen operations in the Assembly this past
week, represents the County in the state legislature. The initiative will
likely appear on the March 2004 ballot. For more information, go to:
http://www.organicconsumers.org/ge/mendocino_gmo_free.cfm.
In Europe, meanwhile, Reuters reports the European Commission
will rule in early September on Austria's request to ban GE crops in one
region of that country. There has been a 5-year old defacto ban on most
GE crops in Europe, including their importation. Along with Austria,
there is strong support in Italy for the creation of GMO-free zones to
protect the purity of conventionally farmed products. At present Spain is
the only member of the EU permitting cultivation of transgenic crops.
Commission members claim their decision on the Austrian request is
"not directly related to a trade suit the United States has launched at the
World Trade Organization (WTO) against the EU's unofficial GMO
ban" (see Sublegals, 7:20/01). For more, go to:
http://www.planetark.org/dailynewsstory.cfm/newsid/22076/story.htm.
8:09/03. US SALMON IMPORTER TESTING PRODUCTS FOR
PCBS; TOXICOLOGIST DISCUSSES AQUACULTURE
POLLUTANTS AT MAINE FORUM: Martin International
Corporation, which imports five million pounds of farmed and wild
salmon annually, is conducting PCB testing in the wake of recent
evidence that farmed salmon have unacceptable levels of
polychlorinated biphenyls (PCBs), according to an Intrafish report (see
Sublegals 8:05/01). The company's Dick Martin said he was sending
samples of farmed and wild salmon, as well as artic char, to a laboratory
for testing. The farmed salmon sent for testing is sold under the label
Black Pearl and is "certified organic" farmed salmon (but not USDA
certified). Results should be in as early as next week, and will be
available for customers if they request it. Intrafish also reported
McCormick & Schmick's, the Portland, Oregon-based upscale seafood
restaurant chain is asking for proof from its farmed salmon suppliers that
their fish contain no antibiotics, hormones and other chemicals.
On 22 August, British toxicologist Miriam Jacobs added her
commentary on the PCB contamination of farmed salmon and salmon
feed, speaking at the Marine Environmental Research Institute in Blue
Hill, Maine. Currently a researcher at University of Surrey in England,
Jacobs' work focuses on a wide range of persistent organic pollutants
including PCBs, organochlorine pesticides and polybrominated diphenyl
ethers (PBDEs) in fish. "PCB levels are higher and are a cause of
concern," she said.
In a paper published last year, Jacobs measured levels of persistent
pollutants that had accumulated in various farmed salmon from
Scotland, Ireland and Norway. Her research showed persistently high
levels of PCBs. What she found was that much of the fishmeal and fish
oil used in salmon feed was made from wild fish with high levels of
contamination (mainly from the North Sea). She noted that the types of
PCBs identified in a sample act like a fingerprint identifying the type of
pollution a fish or feed source has been exposed to. PCB's interfere with
the network of glands and hormones that regulate many of the human
body's functions. They have been implicated in hormone-related cancers
such as breast, prostate and testicular cancers. "Future generations will
be affected by what we are eating now," she said. PCBs can pass to a
fetus from its mother and do accumulate in the body. The earlier an
individual is exposed to such harmful compounds the greater the
cumulative effect. PCB production in the U.S. was banned in 1976, but
they persist in the environment. To see the Ellsworth American article
on Jacobs' speech, go to: http://www.ellsworthamerican.com/
archive/2003/08-28-03/ea_news7_08-28-03.html. For more about
Miriam Jacobs' work go to:
http://www.aquavision.nu/presentations/jacobs.html.
8:09/04. OF MONSANTO, MILK, MAINE AND PCBs: Monsanto,
the agrochemical giant that is one of the world's leading producers of
genetically-engineered seeds for agriculture, has been fined $700 million
in a class action lawsuit against the company for poisoning Alabama
residents with PCBs. The fine will be used to clean up the land and
water around one of Monsanto's former chemical facilities in Anniston,
Alabama. Monsanto's PCBs have been linked to everything from severe
brain damage to cancer and death. In 2002, Monsanto worked behind the
scenes to kill California Legislation to prohibit genetically-engineered
fish from being produced or imported into the state. For more
information on the PCB litigation against Monsanto, go to:
http://www.organicconsumers.org/Toxic/monsanto_pcbs.cfm.
Up in Maine, Oakhurst Dairy is fighting a Monsanto lawsuit. The
small, family-run dairy raised Monsanto's ire when they started labeling
their milk as rBGH-free and use of the slogan "Our Farmers Pledge: No
Artificial Growth Hormones." Monsanto is suing the dairy for
insinuating that there's something wrong with milk products that come
from cows treated with rBGH, a hormone that it manufactures. The State
of Maine has a "Maine Quality Trademark" that is given to milk from
Maine cows not treated with artificial growth hormones. If the court
decided that the no-artificial-hormone claim is illegal, then the Maine
Quality Trademark could be impacted. Clover-Stornetta Dairy in
California ran into a similar problem a few years ago when it advertised
it would not use rBGH in its operations. The U.S. Food & Drug
Administration (FDA), which had just approved the hormone's use for
milk production, sued and Clover removed the statement on its milk
cartons, but it adamantly refuses to use rBGH. Since news of the
lawsuit came out, Oakhurst has been deluged with support. In the
meantime, Oakhurst's sales have increased. For more information, go to:
http://www.organicconsumers.org/rbgh/monsanto_sues.cfm.
8:09/05. ACTION TAKEN TO HALT OTHER TOXICS FROM
ENTERING AQUATIC FOOD CHAIN: In addition to the news
regarding polychlorinated biphenyls (PCBs) being found in high levels
in farmed salmon (note that PCB pollution in the Hudson River caused
the shut-down of the commercial wild shad fishery there), there is news
on two other fronts of efforts to ban chemicals still in use (PCB
production in the U.S. was banned in 1976). The Natural Resources
Defense Council (NRDC) announced it is going to court to force the
U.S. Environmental Protection Agency (EPA) to ban atrazine, the
nation's most widely used herbicide. NRDC says the chemical is
polluting waterways and risking harm to "sea turtles in the Chesapeake
Bay, mussels in Alabama, salamanders in Texas and sturgeon in the
Midwest," according to a 21 August Associated Press story. Although
atrazine in banned in much of Europe, the EPA refuses to ban the
herbicide in the U.S. even though its "risk assessments acknowledge
potential harmful effects of atrazine - both directly and indirectly - on
endangered fish, aquatic invertebrates, terrestrial plants and aquatic
plants." The action follows on a successful suit in which PCFFA and
IFR were co-plaintiffs which will limit atrazine use near ESA-protected
salmonid streams (see Sublegals, 8:03/03).
On 10 August, California Governor Gray Davis signed legislation,
AB 302 by Assemblywoman Wilma Chan (D-Oakland), which will
eventually ban the widely used flame retardant known as
polybrominated diphenyl ethers, or PBDEs. High levels of PBDEs have
been found in some fish in San Francisco Bay; a recent study by the
Environmental Working Group found that since 1997, levels of PBDEs
have doubled in California halibut from the Bay and tripled in Striped
Bass (see Sublegals, 8:03/07). The three forms of PBDEs, developed in
the 1960's as a flame retardant used in electronic equipment, television
sets and upholstery, are suspected of contributing to learning disorders,
attention deficit and hyperactivity in children. Of the chemicals besides
pesticides that humans and wildlife absorb from the environment, only
three - mercury, lead and PCBs - are known to harm health at levels that
accumulate in the body, according to a 10 August New York Times
article. PBDEs, scientists say, are a strong candidate to be a fourth. They
appear to be traveling widely, showing up in polar bears, dolphins and
sperm whales. There are three types of PBDEs - penta, octa and deca.
The European Union and California legislation ban only penta and octa,
because they show up in humans and wildlife, though there is some
concern that the deca form may be decomposing into the other forms.
The penta form is added to foam in cushions and mattresses, while octa
and deca are put into plastics, reported the Times. To get the Times
article, go to: http://www.nytimes.com/2003/08/10/national/
10CHEM.html?ex=1061956800&en=cfb3968a78fcab25&ei=5070.
8:09/06. SCIENTISTS IDENTIFY TYPE OF MERCURY FOUND
IN FISH, SAY MAY BE LESS TOXIC THAN OTHER FORMS: The
New York Times reported on 29 August that scientists at Stanford's
Synchrotron Radiation Laboratory, using a technique involving
high-intensity X-rays to investigate the nature of mercury molecules in
samples of swordfish, orange roughy and sand sole, have found what is
most likely methylmercury cysteine. This form of mercury is less toxic
than methylmercury chloride, which is what most mercury warnings for
fish were based on. The authors of the study, which was published in the
29 August issue of Science, warn, however, that their findings are
preliminary. Federal warnings have been placed on the consumption of
tilefish, swordfish, shark and king mackerel, and concerns have been
raised regarding certain tunas as well (see Sublegals, 7:20/11; 7:14/07;
7:08/04; 7:07/05; 7:06/07; 6:04/05). If results of the study are verified, it
could lessen consumer concerns regarding consumption of different
seafoods. The Times article is at:
http://www.nytimes.com/2003/08/29/science/29MERC.html.
8:09/07. WFOA, AFRF LAUNCH ALBACORE EDUCATION
PROJECT: Western Fishboat Owners Association (WFOA), in
conjunction with the American Fishermen's Research Foundation
(AFRF), is launching a project designed to educate audiences in the
healthfulness and sustainability of troll-caught albacore tuna. WFOA
represents Canadian, U.S., New Zealand and Western Pacific Island
Nation albacore troll fishermen. AFRF is a non-profit research
organization, whose board consists of albacore fishermen and canners.
The Oregon Albacore Commission, one of the collaborators in the
project, has proposed albacore for Marine Stewardship Council (MSC)
certification as a sustainable fishery, but no formal application has yet
been made to MSC. As part of the project, AFRF has retained Dr. Joyce
Nettleton, a registered dietician, to write on health issues such a mercury
and Omega-3 content. For more information, got to:
http://www.albatuna.com, and to:
http://www.wfoa-tuna.org/page.asp?ObjectID=161.
8:09/08. FEDERAL COURT BARS SWORDFISH LONGLINERS
OFF CALIFORNIA COAST; EXPERIMENTS IN ATLANTIC
DEMONSTRATE SIGNIFICANT REDUCTION IN BYCATCH: On
22 August, the U.S. Ninth Circuit Court of Appeals panel overruled a
2001 federal court decision and held that the National Marine Fisheries
Service (NMFS) is required to develop an Environmental Impact Report
(EIR) for a longline swordfish fishery off California. California law
bans the use of longlines for swordfish, restricting the fishery to driftnets
and harpoons. Plaintiffs in the case said the ruling would help protect
endangered sea turtles and sea birds. Along the Eastern seaboard,
however, the Atlantic NED Longline Sea Turtle Bycatch Reduction
Program in 2002 demonstrated a 92 percent reduction in interactions by
using a 18/0 circle hook baited with mackerel. The third and final year
of the research is showing a similar reduction. The 2001/2002 report can
be found at: http://www.mslabs.noaa.gov/mslabs/docs/pubs.html. To see
the 23 August San Francisco Chronicle on the longline decision, go to:
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/0
8/23/BA292629.DTL
8:09/09. CVPIA LAW CONFERENCE SET FOR 12 SEPTEMBER:
The University of California/Berkeley's Boalt Hall School of Law is
hosting a conference on 12 September looking back at the 10 years since
passage of the Central Valley Project Improvement Act (CVPIA).
Former U.S. Senator Bill Bradley (D-NJ), who co-authored the
legislation with U.S. Representative George Miller (D-CA), will be the
keynote speaker. Other speakers, including PCFFA Executive Director
Zeke Grader, will be on hand representing a wide range of views from
academia to the federal government. Panels will focus on allocation of
water for the environment, whether and how the Act's salmon restoration
goals will be met, water transfers and the direction of federal water
policy in the Bush years. The conference will be held in the Carnelian
Room of the Bank of America Building in downtown San Francisco. For
the program and registration information, contact Amy Stewart at: (510)
642-5440 or go to: www.cnr.berkeley.edu (click on CVPIA Water
Conference).
8:09/10. MADE YOUR DONATION TO KEEP SUBLEGALS
COMING? CLICK ON NOW: Sublegals staff is working hard to bring
you the latest fisheries news every week, but times are tough. Please
help by donating (tax deductable!) online at
http://www.ifrfish.org/forms/form.html or sending a check to IFR at Box
29196, San Francisco, CA 94129. Thanks from all the staff here at IFR
and PCFFA.
8:09/11. CALIFORNIA FISH & GAME COMMISSION
APPROVES HERRING FISHERY WITH SMALL QUOTA: At its
meeting held 29 August, the California Fish & Game Commission
approved a 2200 ton quota for the San Francisco herring roe fishery, as
well as quotas and seasons for the Tomales Bay, Humboldt Bay and
Crescent City herring fisheries (see Sublegals, 8:08/12; 7:21/07). In
reaction to the Commission's admonition for the fishermen and the Fish
& Game biologists to resolve their differences on the status of the
stocks, PCFFA is calling for an October meeting of the Director's
Herring Advisory Committee. For more information, go to:
http://www.dfg.ca.gov/fg_comm.
8:09/12. PFMC MEETING IN SEATTLE: The Pacific Fishery
Management Council (PFMC) will meet 7-12 September, at the Double
Tree Guest Suites, 16500 Southcenter Parkway in Seattle, Washington.
The meeting will be held in conjunction with constituent meetings being
conducted by the National Marine Fisheries Service (NMFS) (see
Sublegals, 8:07/02). For more information, go to: www.pcoucil.org.
**************
Paying Attention? The State of California, following the lead of Europe,
recently passed legislation that will ban two of three types of PBDEs.
What brought on the ban?
A) The chemical, when combined with PCBs in saltwater, was found to
cause "like totally gross" infections around body piercings and "totally
uncool" speech impediments in surfers.
B) The chemical has been found in the food chain, including fish, and is
suspected of contributing to learning disorders, attention deficit and
hyperactivity in children.
C) Chefs complained that fish contaminated with the fire retardant could
not be used in "blackened" seafood dishes.
D) When combined with steroids, it can cause abnormal hyper-sexual
activity among body builders and thus, following numerous incidents at
Gold's and other gyms, lawmakers sought to ban the "gang bang" drug
before the October Gubernatorial recall for fear of a veto thereafter.
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............ASTRID SCHOLTZ, who correctly answered,
"C) Speaking to a crowd at Ice Harbor Dam, near Burbank, Washington,
the President said his Administration was responsible for the recovery of
salmon without taking down any dams, " to the question of, "President
Bush, visiting the Pacific Northwest this past week, claimed what?" She
will receive an "Order of the Fringehead" certificate and a Sublegals
shirt with the cuddly Sarcastic Fringehead 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).
##########################################################
"Sublegals" are a weekly fisheries news bulletin service of Fishlink
news service. To find out more about Fishlink, list information can be
viewed and you can subscribe yourself automatically at:
http://straylight.primelogic.com/mailman/listinfo/fishlink
If you have any trouble subscribing or unsubscribing, contact
PCFFA/IFR directly at: <fish1ifr@aol.com>.
##########################################################
"Fishlink" and "Sublegals" are registered trademarks of the Institute for
Fisheries Resources. All rights to the use of these trademarks are
reserved to IFR. This publication, however, may be freely reproduced
and circulated without copyright restriction. If you are receiving this
as a subscriber, please feel free to pass this on to your colleagues.
Subscribers who wish to post or circulate hard copy of Sublegals or
have no access to the Internet may receive fax subscriptions by faxing
their request, with their fax number to: (415) 561-5464. Thanks!
##########################################################
MADE YOUR PLEDGE? GOT YOUR SARCASTIC FRINGEHEAD
SHIRT? GO TO: http://www.ifrfish.org/forms/form.html
##########################################################
--part1_16b.237535d7.2c8a5287_boundary
Content-Type: text/html; charset="US-ASCII"
Content-Transfer-Encoding: quoted-printable
<HTML><FONT FACE=3Darial,helvetica><FONT SIZE=3D2 FAMILY=3D"SANSSERIF" FACE=
=3D"Arial" LANG=3D"0">REMINDER - SUBLEGALS HIATUS: Sublegals will be on a<BR=
>
two-week summer hiatus starting 5 September, returning with the issue<BR>
dated 19 September. During this time we will be working on revamping<BR>
Sublegals, and are asking for reader's help. A short survey will soon be<BR>
e-mailed to all readers asking that they fill out a quick, totally<BR>
anonymous survey about Sublegals and provide their suggestions.<BR>
Answers and suggestions will help us bring you Sublegals in the most<BR>
useful manner possible and to improve our coverage.<BR>
##########################################################<BR>
&nbs=
p; &n=
bsp; ~~>SUBLEGALS 29Aug03<~~<BR>
##########################################################<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. 08, NO. 09 =
&nbs=
p; 29 SEPT=
EMBER 2003<BR>
##########################################################<BR>
"In America these days, if you ignite a forest, your company gets<BR>
rewarded with millions in free timber and a photo-op with the<BR>
commander-in-chief. If you torch an SUV, you're labeled a terrorist and<BR>
get sent to the federal slammer for 10 years."....... Jeffrey St. Clair<BR>
##########################################################<BR>
IN THIS ISSUE.......<BR>
<BR>
California Legislature Passes Bill Protecting Ocean <BR>
Waters From Aquaculture. 8:09/01.<BR>
<BR>
Importers, Restaurants Begin Testing For PCBs in <BR>
Farmed Salmon. 8:09/03.<BR>
<BR>
Lawsuit, Legislation to Halt Use of Atrezine, PBDEs. 8:09/05.<BR>
<BR>
Type of Mercury Found in Some Fish May Be Less <BR>
Harmful Than Originally Thought. 8:09/06. <BR>
<BR>
California Approves Conservative Quota for 2003-2004 <BR>
San Francisco Bay Herring Fishery. 8:09/11.<BR>
##########################################################<BR>
<BR>
8:09/01. CALIFORNIA LEGISLATURE PASSES SHER BILL<BR=
>
PROTECTING STATE'S OCEAN WATERS FROM OFFSHORE<BR>
AQUACULTURE: The California Legislature passed and sent to<BR>
Governor Gray Davis SB 245 on 27 August, a bill to protect the state's<BR>
coastal ocean waters and fisheries by prohibiting ocean cage aquaculture<BR>
of salmon, non-native finfish and genetically-engineered ("transgenic")<BR>
species. "This legislation is designed to prevent development and<BR>
operation of the kind of industrial-scale fish farming that now exists off<B=
R>
the coasts of British Columbia, Washington State, South America and<BR>
Europe," explained State Senator Byron Sher (D-Palo Alto), the bill's<BR>
author. "These fish farms have been described as 'feedlots of the sea'=
<BR>
because of the tremendous environmental and pollution problems they<BR>
cause. We don't need those type of operations off the coast of<BR>
California." <BR>
<BR>
Sher noted that farm-raised salmon in Canada and Eu=
rope routinely<BR>
escape from their ocean net pens by the hundreds of thousands,<BR>
competing for habitat with native populations and, in the Atlantic,<BR>
interbreeding with wild fish. Escaped Atlantic salmon have already<BR>
begun spawning and reproducing in British Columbia Rivers and this<BR>
year escaped farmed salmon have been found in Alaska's Kenai<BR>
Penninsula and in streams in Thurston County in Washington State (see<BR>
Sublegals, 8:03/07). Moreover, parasites from farmed salmon operations<BR>
in B.C. have decimated the province's wild pink salmon populations.<BR>
"Without a ban on ocean fish farming, California's remaining stocks of<BR>
wild salmon would be in even greater peril if the federal government<BR>
allows the production of 'transgenic' salmon for human consumption,"<BR>
Sher commented. "I am hopeful that other states and countries will<BR>
follow California's example by banning genetically-modified fish from<BR>
their waters." In fact, the State of Washington, which has allowed<BR>
salmon farms in Puget Sound, enacted a regulatory ban late last year on<BR>
open ocean finfish aquaculture (see Sublegals, 6:24/09), including<BR>
transgenic fish.<BR>
<BR>
The bill is in response to the pending application=20=
before the U.S.<BR>
Food & Drug Administration (FDA) by Aqua Bounty to produce and<BR>
sell genetically-engineered, or "transgenic," (also called "Frankenfish")<BR=
>
Atlantic salmon for net pen salmon aquaculture operations (see<BR>
Sublegals, 8:05/04; 7:26/08; 7:20/02; 7:07/08; 7:04/01; 6:10/03;<BR>
6:08/01; 5:09/02; 5:01/05; 4:16/13; 4:11/10; 3:32/14; 3:19/03; 3:07/15;<BR>
3:05/15; 2:16/11). Additionally the National Marine Fisheries Service<BR>
(NMFS) is quietly promoting offshore net pen (or "cage") aquaculture in<BR>
the U.S. Exclusive Economic Zone (EEZ) (3-200 miles). NMFS held a<BR>
workshop in Seattle on 25 October 2002 discussing a "code of conduct"<BR>
for such operations (see Sublegals, 6:18/07). <BR>
<BR>
Despite widespread concern about the impacts of net=
pen aquaculture<BR>
operations on the marine environment (see Sublegals, 8:02/11; 7:26/09,<BR>
7:24/13; 7:24/12; 7:23/04), the federal fishery agency, along with the<BR>
National Sea Grant Program, has abandoned its professed support for the<BR>
precautionary principle in pushing for open ocean feedlots (for more<BR>
information, go to the following websites at:<BR>
http://www.oceanspar.com,<BR>
http://seagrant.gso.uri.edu/noreaster/noreaster99/NH.html, and<BR>
http://www.lib.noaa.gov/docaqua/frontpage.htm).<BR>
<BR>
NMFS "has commissioned research into underwater cag=
es that could<BR>
be used to grow tuna, halibut, cod and other species," according to an<BR>
article that will appear in the 31 August issue of London's Sunday<BR>
Times. "The plan suggests that cages tethered to the seabed miles<BR>
offshore could produce as much fish as the world would ever need."<BR>
Plans for such operations are afoot in Hawaii, Texas, New Hampshire,<BR>
Florida and Puerto Rico. In the U.S. Congress, legislation (H.R. 2564)<BR>
has been introduced to allow the use of offshore oil rigs<BR>
("Rigs-to-Reefs") for at-sea aquaculture net pen operations (see<BR>
Sublegals, 8:04/07). For a copy of the legislation by U.S. Representative<BR=
>
David Vitter (R-LA), go to: http://frwebgate.access.gpo.gov/<BR>
cgi-bin/getdoc.cgi?dbname=3D108_cong_bills&docid=3Df:h2654ih.txt.pdf. <B=
R>
<BR>
Even though the federal government is pushing ahead=
with open<BR>
ocean aquaculture and the development of genetically-engineered fish,<BR>
doubts are being raised regarding the claims being made for aquaculture<BR>
and the efficacy, both environmentally and economically, of some of its<BR>
operations (see Sublegals, 8:07/07). "The only people who ever thought<BR>
aquaculture was going to be a panacea have a poor understanding of the<BR>
industry," Fred Conte, an aquaculture specialist at the University of<BR>
California/Davis told the Associated Press. "It's never going to replace<BR>
natural fisheries; it's only going to supplement them. We hope it never<BR>
replaces a natural fishery, because that means we lost a battle out there."<=
BR>
To see the AP article, "Aquaculture's Promise Called a Fish Tale," that<BR>
appeared in the 17 August Contra Costa Times, go to:<BR>
http://www.bayarea.com/mld/cctimes/living/science/6553456.htm. <BR>
<BR>
SB 245 implements one of the recommendations of the=
Pew Ocean<BR>
Commission, which earlier in the summer urged a moratorium on<BR>
development of ocean, net pen aquaculture facilities (see Sublegals,<BR>
7:23/01). Sher noted, however, that there are currently no commercial<=
BR>
fish farming operations off the coast of California, other than for<BR>
shellfish. "If properly regulated, fish farming in 'on shore' and 'clo=
sed<BR>
water' facilities, can provide an important benefit to society by easing<BR>
fishing pressure on wild fish populations, and providing the public with<BR>
alternative sources of seafood," said the Senator. <BR>
<BR>
IFR's Natasha Benjamin, who has been deeply involve=
d in farmed<BR>
fish and transgenic fish issues as part of the Institute's "Good Fish:<BR>
Seasonal, Healthful, Sustainable" program, thanked Senator Sher and<BR>
Assemblywoman Patty Berg (D-Eureka), who took the measure up on<BR>
the Assembly floor, for their efforts to get the landmark legislation to the=
<BR>
Governor. "We have all witnessed the destruction done to our fish and<BR>
fishing communities when overfishing occurred, when pollution<BR>
poisoned the waters, when fish habitat was damaged or lost; we cannot<BR>
allow rapacious aquaculture operations to wreak the same destruction,"<BR>
said Benjamin. "If the federal government will not be responsible, then it<B=
R>
will be up to the states to protect our seas from these ocean feedlots."&nbs=
p; In<BR>
addition to IFR, SB 245 was supported by PCFFA, the Ocean<BR>
Conservancy, the Center for Food Safety, the Sierra Club, and the<BR>
California Aquaculture Association. For more information on SB 245,<BR>
see the 28 August San Francisco Chronicle article by Jane Kay at:<BR>
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/c/a/2003/08/28/MN1179<BR>
42.DTL.<BR>
<BR>
8:09/02. CALIFORNIA COUNTY SEEKS TO ESTABLISH FIRST=
<BR>
GMO-FREE ZONE IN NATION: Following on the heels of the passage<BR>
of SB 245 to ban genetically-engineered (GE) fish in open ocean net pen<BR>
operations (see 8:09/02 above), Mendocino County in northern<BR>
California is seeking to be the first GMO [genetically modified<BR>
organism]-free zone in the nation. Residents have launched a ballot<BR=
>
initiative that would ban GE crops in the county. Stores will still be<BR>
allowed to stock foods with GE ingredients, but keeping the county<BR>
clean of transgenic crops is intended to protect local conventional and<BR>
organic farmers from being contaminated by drifting GE pollen. <BR>
<BR>
The concern of County residents appears well founde=
d. On 12<BR>
August, AgriNews reported traces of GMO crops continue to threaten<BR>
the livelihood and future of organic producers across North America. <BR>
"Experts agree that GMO crops pose a potential threat to organic<BR>
production, but little has been done to regulate any reduction of the<BR>
risk...... GMO genes are already widespread. Last year, cornfiel=
ds in<BR>
Iowa and Nebraska were destroyed after it was feared they had been<BR>
contaminated by test plots of corn varieties that had been modified to<BR>
produce pharmaceuticals, vaccines and industrial products, " said the<BR>
Agrinews article. For more, see:<BR>
http://webstar.postbulletin.com/agrinews/278393525613313.bsp. <BR>
<BR>
For the County there is concern for GE crop pollen=20=
drift and GE fish<BR>
escapes. Fort Bragg, once the largest ocean salmon port along the U.S.<BR>
Pacific coast, is in Mendocino County and the County boasts a<BR>
world-class wine growing region as well an organic beer industry. <BR>
Assemblywoman Patty Berg, who spearheaded the legislation (SB 245)<BR>
to ban transgenic ocean net pen operations in the Assembly this past<BR>
week, represents the County in the state legislature. The initiative w=
ill<BR>
likely appear on the March 2004 ballot. For more information, go to:<BR>
http://www.organicconsumers.org/ge/mendocino_gmo_free.cfm.<BR>
<BR>
In Europe, meanwhile, Reuters reports the European=20=
Commission<BR>
will rule in early September on Austria's request to ban GE crops in one<BR>
region of that country. There has been a 5-year old defacto ban on most<BR>
GE crops in Europe, including their importation. Along with Austria,<B=
R>
there is strong support in Italy for the creation of GMO-free zones to<BR>
protect the purity of conventionally farmed products. At present Spain is<BR=
>
the only member of the EU permitting cultivation of transgenic crops.<BR>
Commission members claim their decision on the Austrian request is<BR>
"not directly related to a trade suit the United States has launched at the<=
BR>
World Trade Organization (WTO) against the EU's unofficial GMO<BR>
ban" (see Sublegals, 7:20/01). For more, go to:<BR>
http://www.planetark.org/dailynewsstory.cfm/newsid/22076/story.htm. <BR>
<BR>
8:09/03. US SALMON IMPORTER TESTING PRO=
DUCTS FOR<BR>
PCBS; TOXICOLOGIST DISCUSSES AQUACULTURE<BR>
POLLUTANTS AT MAINE FORUM: Martin International<BR>
Corporation, which imports five million pounds of farmed and wild<BR>
salmon annually, is conducting PCB testing in the wake of recent<BR>
evidence that farmed salmon have unacceptable levels of<BR>
polychlorinated biphenyls (PCBs), according to an Intrafish report (see<BR>
Sublegals 8:05/01). The company's Dick Martin said he was sending<BR>
samples of farmed and wild salmon, as well as artic char, to a laboratory<BR=
>
for testing. The farmed salmon sent for testing is sold under the label<BR>
Black Pearl and is "certified organic" farmed salmon (but not USDA<BR>
certified). Results should be in as early as next week, and will be<BR>
available for customers if they request it. Intrafish also reported<BR=
>
McCormick & Schmick's, the Portland, Oregon-based upscale seafood<BR>
restaurant chain is asking for proof from its farmed salmon suppliers that<B=
R>
their fish contain no antibiotics, hormones and other chemicals. <BR>
<BR>
On 22 August, British toxicologist Miriam Jacobs ad=
ded her<BR>
commentary on the PCB contamination of farmed salmon and salmon<BR>
feed, speaking at the Marine Environmental Research Institute in Blue<BR>
Hill, Maine. Currently a researcher at University of Surrey in England,<BR>
Jacobs' work focuses on a wide range of persistent organic pollutants<BR>
including PCBs, organochlorine pesticides and polybrominated diphenyl<BR>
ethers (PBDEs) in fish. "PCB levels are higher and are a cause of<BR>
concern," she said. <BR>
<BR>
In a paper published last year, Jacobs measured lev=
els of persistent<BR>
pollutants that had accumulated in various farmed salmon from<BR>
Scotland, Ireland and Norway. Her research showed persistently high<BR>
levels of PCBs. What she found was that much of the fishmeal and fish<BR>
oil used in salmon feed was made from wild fish with high levels of<BR>
contamination (mainly from the North Sea). She noted that the types of<BR>
PCBs identified in a sample act like a fingerprint identifying the type of<B=
R>
pollution a fish or feed source has been exposed to. PCB's interfere with<BR=
>
the network of glands and hormones that regulate many of the human<BR>
body's functions. They have been implicated in hormone-related cancers<BR>
such as breast, prostate and testicular cancers. "Future generations will<BR=
>
be affected by what we are eating now," she said. PCBs can pass to a<BR>
fetus from its mother and do accumulate in the body. The earlier an<BR>
individual is exposed to such harmful compounds the greater the<BR>
cumulative effect. PCB production in the U.S. was banned in 1976, but<BR>
they persist in the environment. To see the Ellsworth American article<BR>
on Jacobs' speech, go to: http://www.ellsworthamerican.com/<BR>
archive/2003/08-28-03/ea_news7_08-28-03.html. For more about<BR>
Miriam Jacobs' work go to:<BR>
http://www.aquavision.nu/presentations/jacobs.html. <BR>
<BR>
8:09/04. OF MONSANTO, MILK, MAINE AND PCBs: Monsanto,<BR>
the agrochemical giant that is one of the world's leading producers of<BR>
genetically-engineered seeds for agriculture, has been fined $700 million<BR=
>
in a class action lawsuit against the company for poisoning Alabama<BR>
residents with PCBs. The fine will be used to clean up the land and<BR>
water around one of Monsanto's former chemical facilities in Anniston,<BR>
Alabama. Monsanto's PCBs have been linked to everything from severe<BR>
brain damage to cancer and death. In 2002, Monsanto worked behind the<BR>
scenes to kill California Legislation to prohibit genetically-engineered<BR>
fish from being produced or imported into the state. For more<BR>
information on the PCB litigation against Monsanto, go to:<BR>
http://www.organicconsumers.org/Toxic/monsanto_pcbs.cfm. <BR>
<BR>
Up in Maine, Oakhurst Dairy is fighting a Monsanto=20=
lawsuit. The<BR>
small, family-run dairy raised Monsanto's ire when they started labeling<BR>
their milk as rBGH-free and use of the slogan "Our Farmers Pledge: No<BR>
Artificial Growth Hormones." Monsanto is suing the dairy for<BR>
insinuating that there's something wrong with milk products that come<BR>
from cows treated with rBGH, a hormone that it manufactures. The State<BR>
of Maine has a "Maine Quality Trademark" that is given to milk from<BR>
Maine cows not treated with artificial growth hormones. If the court<BR>
decided that the no-artificial-hormone claim is illegal, then the Maine<BR>
Quality Trademark could be impacted. Clover-Stornetta Dairy in<BR>
California ran into a similar problem a few years ago when it advertised<BR>
it would not use rBGH in its operations. The U.S. Food & Drug<BR>
Administration (FDA), which had just approved the hormone's use for<BR>
milk production, sued and Clover removed the statement on its milk<BR>
cartons, but it adamantly refuses to use rBGH. Since news of the<BR>
lawsuit came out, Oakhurst has been deluged with support. In the<BR>
meantime, Oakhurst's sales have increased. For more information, go to:<BR>
http://www.organicconsumers.org/rbgh/monsanto_sues.cfm.<BR>
<BR>
8:09/05. ACTION TAKEN TO HALT OTHER TOXICS FROM<BR>
ENTERING AQUATIC FOOD CHAIN: In addition to the news<BR>
regarding polychlorinated biphenyls (PCBs) being found in high levels<BR>
in farmed salmon (note that PCB pollution in the Hudson River caused<BR>
the shut-down of the commercial wild shad fishery there), there is news<BR>
on two other fronts of efforts to ban chemicals still in use (PCB<BR>
production in the U.S. was banned in 1976). The Natural Resources<BR>
Defense Council (NRDC) announced it is going to court to force the<BR>
U.S. Environmental Protection Agency (EPA) to ban atrazine, the<BR>
nation's most widely used herbicide. NRDC says the chemical is<BR>
polluting waterways and risking harm to "sea turtles in the Chesapeake<BR>
Bay, mussels in Alabama, salamanders in Texas and sturgeon in the<BR>
Midwest," according to a 21 August Associated Press story. Although<BR=
>
atrazine in banned in much of Europe, the EPA refuses to ban the<BR>
herbicide in the U.S. even though its "risk assessments acknowledge<BR>
potential harmful effects of atrazine - both directly and indirectly - on<BR=
>
endangered fish, aquatic invertebrates, terrestrial plants and aquatic<BR>
plants." The action follows on a successful suit in which PCFFA and<BR=
>
IFR were co-plaintiffs which will limit atrazine use near ESA-protected<BR>
salmonid streams (see Sublegals, 8:03/03). &nbs=
p; <BR>
&nbs=
p; &n=
bsp; <BR>
On 10 August, California Governor Gray Davis signed=
legislation,<BR>
AB 302 by Assemblywoman Wilma Chan (D-Oakland), which will<BR>
eventually ban the widely used flame retardant known as<BR>
polybrominated diphenyl ethers, or PBDEs. High levels of PBDEs have<BR>
been found in some fish in San Francisco Bay; a recent study by the<BR>
Environmental Working Group found that since 1997, levels of PBDEs<BR>
have doubled in California halibut from the Bay and tripled in Striped<BR>
Bass (see Sublegals, 8:03/07). The three forms of PBDEs, developed in<BR>
the 1960's as a flame retardant used in electronic equipment, television<BR>
sets and upholstery, are suspected of contributing to learning disorders,<BR=
>
attention deficit and hyperactivity in children. Of the chemicals besides<BR=
>
pesticides that humans and wildlife absorb from the environment, only<BR>
three - mercury, lead and PCBs - are known to harm health at levels that<BR>
accumulate in the body, according to a 10 August New York Times<BR>
article. PBDEs, scientists say, are a strong candidate to be a fourth. They<=
BR>
appear to be traveling widely, showing up in polar bears, dolphins and<BR>
sperm whales. There are three types of PBDEs - penta, octa and deca.<BR>
The European Union and California legislation ban only penta and octa,<BR>
because they show up in humans and wildlife, though there is some<BR>
concern that the deca form may be decomposing into the other forms.<BR>
The penta form is added to foam in cushions and mattresses, while octa<BR>
and deca are put into plastics, reported the Times. To get the Times<BR>
article, go to: http://www.nytimes.com/2003/08/10/national/<BR>
10CHEM.html?ex=3D1061956800&en=3Dcfb3968a78fcab25&ei=3D5070.<BR>
<BR>
8:09/06. SCIENTISTS IDENTIFY TYPE OF MERCURY FOUND<=
BR>
IN FISH, SAY MAY BE LESS TOXIC THAN OTHER FORMS: The<BR>
New York Times reported on 29 August that scientists at Stanford's<BR>
Synchrotron Radiation Laboratory, using a technique involving<BR>
high-intensity X-rays to investigate the nature of mercury molecules in<BR>
samples of swordfish, orange roughy and sand sole, have found what is<BR>
most likely methylmercury cysteine. This form of mercury is less toxic<BR>
than methylmercury chloride, which is what most mercury warnings for<BR>
fish were based on. The authors of the study, which was published in the<BR>
29 August issue of Science, warn, however, that their findings are<BR>
preliminary. Federal warnings have been placed on the consumption of<BR>
tilefish, swordfish, shark and king mackerel, and concerns have been<BR>
raised regarding certain tunas as well (see Sublegals, 7:20/11; 7:14/07;<BR>
7:08/04; 7:07/05; 7:06/07; 6:04/05). If results of the study are verified, i=
t<BR>
could lessen consumer concerns regarding consumption of different<BR>
seafoods. The Times article is at:<BR>
http://www.nytimes.com/2003/08/29/science/29MERC.html.<BR>
<BR>
8:09/07. WFOA, AFRF LAUNCH ALBACORE EDUCATION<BR>
PROJECT: Western Fishboat Owners Association (WFOA), in<BR>
conjunction with the American Fishermen's Research Foundation<BR>
(AFRF), is launching a project designed to educate audiences in the<BR>
healthfulness and sustainability of troll-caught albacore tuna. WFOA<BR>
represents Canadian, U.S., New Zealand and Western Pacific Island<BR>
Nation albacore troll fishermen. AFRF is a non-profit research<BR>
organization, whose board consists of albacore fishermen and canners.<BR>
The Oregon Albacore Commission, one of the collaborators in the<BR>
project, has proposed albacore for Marine Stewardship Council (MSC)<BR>
certification as a sustainable fishery, but no formal application has yet<BR=
>
been made to MSC. As part of the project, AFRF has retained Dr. Joyce<BR>
Nettleton, a registered dietician, to write on health issues such a mercury<=
BR>
and Omega-3 content. For more information, got to:<BR>
http://www.albatuna.com, and to:<BR>
http://www.wfoa-tuna.org/page.asp?ObjectID=3D161.<BR>
<BR>
8:09/08. FEDERAL COURT BARS SWORDFISH LONGLINERS<BR=
>
OFF CALIFORNIA COAST; EXPERIMENTS IN ATLANTIC<BR>
DEMONSTRATE SIGNIFICANT REDUCTION IN BYCATCH: On<BR>
22 August, the U.S. Ninth Circuit Court of Appeals panel overruled a<BR>
2001 federal court decision and held that the National Marine Fisheries<BR>
Service (NMFS) is required to develop an Environmental Impact Report<BR>
(EIR) for a longline swordfish fishery off California. California law<=
BR>
bans the use of longlines for swordfish, restricting the fishery to driftnet=
s<BR>
and harpoons. Plaintiffs in the case said the ruling would help protec=
t<BR>
endangered sea turtles and sea birds. Along the Eastern seaboard,<BR>
however, the Atlantic NED Longline Sea Turtle Bycatch Reduction<BR>
Program in 2002 demonstrated a 92 percent reduction in interactions by<BR>
using a 18/0 circle hook baited with mackerel. The third and final year<BR>
of the research is showing a similar reduction. The 2001/2002 report can<BR>
be found at: http://www.mslabs.noaa.gov/mslabs/docs/pubs.html. To see<BR>
the 23 August San Francisco Chronicle on the longline decision, go to:<BR>
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2003/0<B=
R>
8/23/BA292629.DTL <BR>
<BR>
8:09/09. CVPIA LAW CONFERENCE SET FOR 12 SEPT=
EMBER: <BR>
The University of California/Berkeley's Boalt Hall School of Law is<BR>
hosting a conference on 12 September looking back at the 10 years since<BR>
passage of the Central Valley Project Improvement Act (CVPIA).<BR>
Former U.S. Senator Bill Bradley (D-NJ), who co-authored the<BR>
legislation with U.S. Representative George Miller (D-CA), will be the<BR>
keynote speaker. Other speakers, including PCFFA Executive Director<BR=
>
Zeke Grader, will be on hand representing a wide range of views from<BR>
academia to the federal government. Panels will focus on allocation of<BR>
water for the environment, whether and how the Act's salmon restoration<BR>
goals will be met, water transfers and the direction of federal water<BR>
policy in the Bush years. The conference will be held in the Carnelian<BR>
Room of the Bank of America Building in downtown San Francisco. For<BR>
the program and registration information, contact Amy Stewart at: (510)<BR>
642-5440 or go to: www.cnr.berkeley.edu (click on CVPIA Water<BR>
Conference).<BR>
<BR>
8:09/10. MADE YOUR DONATION TO KEEP SUBLEGALS<BR>
COMING? CLICK ON NOW: Sublegals staff is working hard to bring<BR>
you the latest fisheries news every week, but times are tough. Please<BR>
help by donating (tax deductable!) online at<BR>
http://www.ifrfish.org/forms/form.html or sending a check to IFR at Box<BR>
29196, San Francisco, CA 94129. Thanks from all the staff here at IFR<BR>
and PCFFA.<BR>
<BR>
8:09/11. CALIFORNIA FISH & GAME COMMISSION<BR>
APPROVES HERRING FISHERY WITH SMALL QUOTA: At its<BR>
meeting held 29 August, the California Fish & Game Commission<BR>
approved a 2200 ton quota for the San Francisco herring roe fishery, as<BR>
well as quotas and seasons for the Tomales Bay, Humboldt Bay and<BR>
Crescent City herring fisheries (see Sublegals, 8:08/12; 7:21/07). In<BR>
reaction to the Commission's admonition for the fishermen and the Fish<BR>
& Game biologists to resolve their differences on the status of the<BR>
stocks, PCFFA is calling for an October meeting of the Director's<BR>
Herring Advisory Committee. For more information, go to:<BR>
http://www.dfg.ca.gov/fg_comm.<BR>
<BR>
8:09/12. PFMC MEETING IN SEATTLE: The Pacific Fishe=
ry<BR>
Management Council (PFMC) will meet 7-12 September, at the Double<BR>
Tree Guest Suites, 16500 Southcenter Parkway in Seattle, Washington.<BR>
The meeting will be held in conjunction with constituent meetings being<BR>
conducted by the National Marine Fisheries Service (NMFS) (see<BR>
Sublegals, 8:07/02). For more information, go to: www.pcoucil.org.<BR>
&nbs=
p; &n=
bsp; =
**************<BR>
Paying Attention? The State of California, following the lead of Europ=
e,<BR>
recently passed legislation that will ban two of three types of PBDEs.<BR>
What brought on the ban?<BR>
<BR>
A) The chemical, when combined with PCBs in saltwater, was found to<BR>
cause "like totally gross" infections around body piercings and "totally<BR>
uncool" speech impediments in surfers.<BR>
B) The chemical has been found in the food chain, including fish, and is<BR>
suspected of contributing to learning disorders, attention deficit and<BR>
hyperactivity in children.<BR>
C) Chefs complained that fish contaminated with the fire retardant could<BR>
not be used in "blackened" seafood dishes.<BR>
D) When combined with steroids, it can cause abnormal hyper-sexual<BR>
activity among body builders and thus, following numerous incidents at<BR>
Gold's and other gyms, lawmakers sought to ban the "gang bang" drug<BR>
before the October Gubernatorial recall for fear of a veto thereafter. <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............ASTRID SCHOLTZ, who correctly answered,<BR>
"C) Speaking to a crowd at Ice Harbor Dam, near Burbank, Washington,<BR>
the President said his Administration was responsible for the recovery of<BR=
>
salmon without taking down any dams, " to the question of, "President<BR>
Bush, visiting the Pacific Northwest this past week, claimed what?" She<BR>
will receive an "Order of the Fringehead" certificate and a Sublegals<BR>
shirt with the cuddly Sarcastic Fringehead 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>
##########################################################<BR>
"Sublegals" are a weekly fisheries news bulletin service of Fishlink<BR>
news service. To find out more about Fishlink, list information can be<BR>
viewed and you can subscribe yourself automatically at: <BR>
<BR>
http://straylight.primelogic.com/=
mailman/listinfo/fishlink <BR>
<BR>
If you have any trouble subscribing or unsubscribing, contact<BR>
PCFFA/IFR directly at: <fish1ifr@aol.com>.<BR>
##########################################################<BR>
"Fishlink" and "Sublegals" are registered trademarks of the Institute for <B=
R>
Fisheries Resources. All rights to the use of these trademarks are <BR>
reserved to IFR. This publication, however, may be freely reproduced <BR>
and circulated without copyright restriction. If you are receiving thi=
s <BR>
as a subscriber, please feel free to pass this on to your colleagues. =20=
<BR>
Subscribers who wish to post or circulate hard copy of Sublegals or <BR>
have no access to the Internet may receive fax subscriptions by faxing <BR>
their request, with their fax number to: (415) 561-5464. Thanks!=
<BR>
##########################################################<BR>
MADE YOUR PLEDGE? GOT YOUR SARCASTIC FRINGEHEAD <BR>
SHIRT? GO TO: http://www.ifrfish.org/forms/form.html<BR>
##########################################################</FONT></HTML>
--part1_16b.237535d7.2c8a5287_boundary--