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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 1, NO. 16 21 April 2000
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60-DAY NOTICE TO SUE ISSUED ON KLAMATH PROJECT
FLOWS: The Pacific Coast Federation of Fishermen's Associations
(PCFFA), The Institute for Fisheries Resources (IFR) , the Karuk Tribe of
California and a number of other organizations on 21 April issued a joint
"60-day Notice to Sue" letter threatening litigation against the Bureau of
Reclamation over its planned year 2000 flow regime in the Klamath
Project. This Project controls water flows through Iron Gate Dam into the
Klamath River. The Iron Gate Hatchery and wild salmon and steelhead
populations downriver are both dependent upon the quantity of water
released from the Project each year by the Bureau. Low flows mean high
water temperatures, lack of dissolved oxygen and the concentration of
agricultural chemicals with resulting algae blooms that create a "killing
field" for newly hatching and spawning salmon for many miles downriver.
However, the National Marine Fisheries Service's (NMFS) Biological
Opinion upon which prior flows were based expired 31 March. The
Bureau is thus proceeding illegally by failing to re-consult. Planned flow
targets are also apparently less than previously required under the
now-expired Biological Opinion, and very much less than those indicated
as necessary for long-term salmon survival by the best available science.
IFR, PCFFA and others challenged water users in the past, resulting in a
favorable decision last September in Klamath Water Users Assoc. vs.
Patterson, 204 F.3rd 1206 (9th Cir. 1999) that irrigator's rights in the
Upper Klamath Basin are in fact subservient to both senior Tribal water
rights and the requirements of the Endangered Species Act (ESA).
The 60-day Notice also asserts that the Bureau's actions violate section
7(d) of the ESA by creating an "irreversible or irretrievable commitment
of resources" prior to consultation with NMFS and USFWS on the
impacts of its planned operations. Coho salmon were listed as threatened
in the lower Klamath Basin in May, 1997, and for one full year after that
listing the Bureau operated the Project without consultation under the
ESA until faced with litigation. When it finally did consult, it obtained
the short-term Biological Opinion that has now expired. Steelhead have
also been proposed for listing in that basin, with a listing decision
expected soon. For more information or a copy of the letter, contact Glen
Spain of the PCFFA/IFR Northwest Office at (541)689-2000.
PUBLIC HEARINGS BLAST WASHINGTON'S PROPOSED
FOREST AND FISH RULES: On 19 April the Washington Forest
Practices Board held its one and only public hearing on its Draft
Environmental Impact Statement (DEIS) on rule options for the reform of
that state's woefully inadequate forestry practices. Past practices have
devastated many salmon streams, removed all but 1% of older riparian
forests on the westside (all but 5% on the eastside) on private forest lands,
and seriously impaired the biological functions of key salmon and
steelhead spawning and rearing areas. The Board's "preferred alternative"
is the "Forest and Fish Report" (Alternative 2), adopted as part of a much
criticized legislative back room deal worked out between lobbyists for the
timber industry, legislators and the agencies that was jammed through
against the protests of environmentalists, fishermen and scientists and
signed into law last year as ESHB 2091. At the, hearing, the vast majority
supported the far more protective provisions of Alternative 3, drawn from
the alternative proposals by fishermen, environmentalists and Tribes.
The Forest and Fish Report was the result of what was largely a
political, not a scientific, process. The only independent scientific review
of the Forest and Fish Report ever done was recently released by the
Northwest Chapter of the Society for Ecological Restoration and the
Western Division of the American Fisheries Society on 1 February 2000
(well after the bill was signed into law), available on the web at:
http://www.halcyon.com/sernw/default.htm. The scientific review
concluded that the standards called for in the Report would not only not
prevent further salmon extinction, but would continue to violate state and
federal Clean Water Act standards, and were, in fact, a retreat from
current maximum protection standards. A copy of the IFR/PCFFA Draft
Environmental Impact Statement (DEIS) comments are available on the
PCFFA web site at: http://www.pond.net/~pcffa
SMALL FAMILY FISHERS ASSOCIATION TO HOST SUMMIT
ON SUSTAINABLE FISHERIES: An International summit on
sustainable fisheries will be held in Seattle, Washington, 4-6 May. Topics
to be covered will include, but are not limited to: wild vs. farmed salmon
and shrimp, chilean seabass, organic certification, and redlight/greenlight
fishlists. For more information contact John Foss, of the Small Family
Fishers Association, at (206) 748-1351, or sustain at oz.net.
ENVIRONMENTAL PROTECTION AGENCY TO DEVELOP
NATIONAL DISCHARGE STANDARDS FOR AQUACULTURE:
Farming of fish and shellfish (aquaculture) is a rapidly growing industry
across the United States and world. At present, in the U.S. responsibility
for the regulatory oversight of effluents from these facilities lies with each
state and is therefore inconsistent. In response to this rapidly growing
potential source of pollution the U.S. Environmental Protection Agency
(EPA) has announced plans, under the Clean Water Act (CWA), to
develop guidelines and standards for the discharge of pollutants from
facilities situated on land and in coastal waters. The pollutants of concern
are mainly nutrients -- nitrogen, phosphorus, etc. -- and may also include
pathogens, antibiotics and/or other chemicals.
The process is scheduled to lead to a proposed rule in June 2002,
followed by a period of comments and revisions, and the issuance of a
final rule in June 2004. For more information contact: Mike Clipper,
Office of Water, EPA. tel: 202-260-1278. e-mail: clipper.mike at epa.gov;
or Gary Jensen, JSA Effluent Task Force Chair, USDA. tel:
202-401-6802. e-mail: gjensen at reeusda.gov
WORLD TRADE ORGANIZATION CHALLENGES CHILE'S
ATTEMPTED FISHERIES CONSERVATION MEASURE: The
European Union is preparing a World Trade Organization (WTO)
challenge against Chile for a restriction put on the landing of EU catches
from the high seas in Chile's local ports. The Spanish Association for
High Seas Fisheries has accused the Chileans of implementing a false
conservation measure, which they argue is in violation of WTO rules,
namely Article V on freedom of transport and Article IX, which limits
governments from restricting imports. For more information see the
International Forum on Globalization's website at http://www.ifg.org or
contact Victor Menotti at vmenotti at ifg.org.
PRIVATE WATER DEVELOPMENT AND MARKETING FIRM
EXEC ACTS AS CHIEF ADVISOR TO CALIFORNIA'S GOVERNOR
GRAY DAVIS ON WATER ISSUES: An 18 April editorial in the Los
Angeles Times questions the ethics behind Governor Gray Davis' reliance
on the Chief Executive of a Santa Monica based water development and
marketing firm, Keith Brackpool, for advice on California's water issues.
And, no doubt, Brackpool's role in making policy that may directly affect
his bottom line could be seen as a conflict of interests. Brackpool has
counseled Davis on state water issues for the past two years including
playing a role in the Cal-Fed Project negotiations which will affect water
quality and supply for all of California. This includes making decisions
about funding for a huge water supply project in Southern California
which would be jointly run by Cadiz Inc. (Brackpool's company) and the
Metropolitan Water District. For more information visit the Los Angeles
Times' web site at http://www.latimes.com/ or call Michelle Moss of the
Sierra Club at (510)622-0290 x 220.
FARM BUREAU CRITICIZED BY MANY, INCLUDING OWN
CONSTITUENTS: The Farm Bureau's recent attempt to undermine the
power of the U.S.'s Environmental Protection Agency (EPA) in its duty to
uphold the Clean Water Act (Sublegals, 7 April 2000), is apparently just a
symptom of a much greater set of problems that many people, including
its own constituents, have with the organization. The Farm Bureau has
actively opposed implementation of the Endangered Species Act, the
Clean Air and Safe Drinking Water Acts, wetlands protection laws,
pesticide regulations and efforts to curb global warming and is currently in
litigation in Washington State to overturn recent ESA salmon listings
there. Family farmers have also complained about Farm Bureau support
for laws primarily benefitting corporate agri-business firms at the expense
of traditional family farmers as well as its opposition to conservation
programs from which small farmers as well as the environment could
benefit. A report released last week by Defenders of Wildlife chronicles
how the Farm Bureau's agenda does more to hurt than help the family
farmers that it claims to represent. This report also falls on the heels of
an
investigative report done by "60 Minutes" which exposed the hugely
profitable insurance business empire of the "not-for-profit" Farm Bureau.
The Farm Bureau was recently reported to be the 14th most powerful
lobby in Washington D.C. by Fortune magazine. A copy of the report is
available at: http://www.defenders.org/fb/.
SHARKS FAIL TO GET INTERNATIONAL PROTECTION:
Proposed restrictions on trade in large sharks such as the great white,
basking and whale, failed to get the two-thirds vote necessary for adoption
at a recent United Nations Convention on International Trade in
Endangered Species. Of the 150 nations present the U.S., U.K. and
Australia were the biggest supporters on this front. The U.S. National
Marine Fisheries Service (NMFS) published notice of receipt of a petition
along these lines on 12 April 2000. The Petition calls for rulemaking to
prohibit shark finning and require full utilization of "taken" sharks within
waters under the authority of the Western Pacific Fishery Management
Council. For more information on the petition contact the Center for
Marine Conservation at (415)391-6204.
DRAFT PLAN FOR DISPOSAL OF DREDGED MATERIAL FROM
SAN FRANCISCO BAY BASIN AVAILABLE: Dredge spoils have
historically been an issue for fisheries, but following litigation in the late
80's undertaken by the Pacific Coast Federation of Fishermen's
Associations (PCFFA) new plans for dealing with dredge spoils was
mandated. The DRAFT Management Plan for the Long Term
Management Strategy (LTMS) and a staff report on proposed amendments
to the San Francisco Regional Water Quality Control Board's San
Francisco Bay Basin (Region 2) Water Quality Control Plan are currently
scheduled to be issued for public review. They will be available on the
web at http://www.ceres.ca.gov/bcdc/. If you want paper copies you must
respond by 1 May to Becky Bacon, beckyb at bcdc.ca.gov.
WASHINGTON SENATOR SLADE GORTON BLASTS EFFORTS
TO RESTORE SALMON: "None of us figured that land use would ever
be governed by a federal agency," said Gorton in reference to the National
Marine Fisheries Service's attempts to implement ESA efforts for salmon
protection. Gorton spoke last week at a seminar sponsored by the Urban
Land Institute, an organization of developers. Gorton also cited costs of
the implementation of restoration measures, and lack of scientific
evidence as reasons that the salmon recovery efforts in the Pacific
Northwest have gone astray, and called for amendments to the ESA to
limit federal powers. In fact, Senator Gorton has been a co-sponsor on
several ESA amendment bills that would have made it nearly impossible
to protect or restore salmon under the ESA. For more information see
http://www.thesunlink.com/news/2000/april/0418a1c.html On 18 March
Senator Gorton also renewed his pledge never to allow the breaching of
the lower Snake River dams so long as he is in Congress. See:
http://www.oregonlive.com/news/oregonian/index.ssf?/news/oregonian/00
/04/nw_41fish19.frame. Breaching those four dams has been supported
by the state and regional chapters of the American Fisheries Society, by
numberous other scientists and scientific review panels, by the US Fish
and Wildlife, the Fish and Game agencies of Idaho, Oregon and Alaska,
resolutions of the Pacific Fisheries Management Council and Oregon's
Governor Kitzhaber, among many others.
GOT NEWS?: Submit news items to Molly Thomas, editor at:
ifrfish at aol.com or call the IFR office with the news and a source at
either: (415) 561-FISH (Southwest Office) or (541) 689-2000 (Northwest
Office).
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