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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 3, NO. 15 13 APRIL 2001
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3:15/01. FRIDAY, THE 13TH, MARKS 25TH ANNIVERSARY
OF MAGNUSON-STEVENS ACT. Today marks the Twenty-Fifth
Anniversary of President Gerald Ford's signing of HR 200, the Fishery
Conservation & Management Act (FCMA), Public Law 94-265 (16 USC
1801 et seq.), on 13 April 1976. The act extended U.S. jurisdiction over
fisheries from 3 to 200 miles off the nation's coast, creating the Fishery
Conservation Zone (later renamed the U.S. Exclusive Economic Zone)
and established for the first time federal management over U.S.
fisheries, which had previously been regulated solely by the states. To
advise the U.S. Department of Commerce's National Marine Fisheries
Service, eight regional fishery management councils were put in place,
made up of the states, NMFS, and public members, charged with
developing fishery management plans (FMPs). Foreign fishing for the
first time off U.S. shores (outside of 12 miles) was subject to permits
issued under Governing International Fishery Agreements (GIFAs) with
plans to phase-out the foreign fleets as U.S. fleet capacity built up to
harvest the resources of the FCZ under a formula called 'optimum yield
(OY).'
While the act was well-crafted, implementation of the FCMA proved
to be a nightmare. Rather than being the promised "renaissance of the
U.S. fisheries," it destroyed many of the very same fisheries it was
charged with conserving. In 1976 NMFS was a brand new
agency(made up of the old Bureau of Commercial Fisheries combined
with the marine sport fishing programs of U.S. Fish & Wildlife Service),
barely five years old, with no experience in management. While the
regional councils were to provide regional expertise in developing
FMPs, their members were selected by NMFS from lists submitted by
Governors. The regional councils were heavily conflicted, not just with
some commercial and recreational representatives voting for their own
immediate financial interest to the detriment of fish stocks and other
fishing groups, but the state fishery agency representatives jealously
guarded their turf and mostly voted their state administration's party
line, putting land development, oil and gas, logging, irrigated agriculture
and hydropower interests ahead of fish conservation. NMFS,
meanwhile, controlled the regional council's purse strings and supplied
the lawyers, thus there was little real independence.
In the rush to get rid of the foreign fleets, which had been the impetus
for the 200-mile zone in the first place, the U.S. began encouraging, and
even financing, a build up of the nation's fleet under an
"Americanization" program. While funding was lavished on newer,
larger vessels, new processing facilities and market development,
Congress was stingy with the dollars needed for the research to
determine how much fishing effort the stocks could actually sustain.
That was the tragic afterthought. Over the course of numerous
reauthorizations the FCMA was amended. In 1986 and then in 1996
language was inserted to include habitat considerations in fishery
management planning (something PCFFA had been clamoring for since
1977). The 1996 reauthorization, the Sustainable Fisheries Act, included
significant amendments including a prohibition on overfishing,
requirements for rebuilding stocks and a call for bycatch reduction. The
act over the course of a quarter century has also changed its name; now
known as the Magnuson-Stevens Fishery Conservation & Management
Act, named for one dead and one living U.S. Senator. The author of HR
200, former Massachusetts Congressman Gerry Studds, however, has
made it clear he doesn't want his name on the act "until they get it
right."
"Magnuson-Stevens is one of the three pillars of fishery conservation
in the U.S., together with the Clean Water Act and the Endangered
Species Act," said PCFFA Executive Director Zeke Grader.
"Tragically, however, for the past 25 years under Magnuson-Stevens,
the regional councils and NMFS have mostly been about allocating the
fish, mostly to their powerful friends, not managing or conserving
fisheries. A significant course change is going to be needed in the next
quarter century if we're to have fish and fishing communities left." For
more information, contact: www.conservefish.org .
3:15/02. ESA CITIZEN SUIT ENFORCEMENT COULD BE
ELIMINATED UNDER BUSH ADMINISTRATION BUDGET
PROPOSAL: The San Francisco Chronicle reported on 11 April, that
the Administration of U.S. President George W. Bush is proposing to
eliminate funding to enforce court orders brought by citizen suits under
the federal Endangered Species Act (ESA). The citizen suit provision is
one of the key elements of the ESA that allows private parties to sue to
have the act enforced when the responsible federal agency (i.e., U.S.
Fish & Wildlife Service or the National Marine Fisheries Service)
refuses to act to protect a threatened or endangered plant or animal. This
provision has been used frequently by fishing and conservation groups
on the west coast to gain protection for a number of salmon stocks
threatened with low flows and/or habitat destruction (e.g., Columbia and
Klamath River basins). The Magnuson-Stevens Act has been used by
NMFS to restrict fishing, but it has been the ESA that has been critical
to gaining protections for the fish from human activities other than
fishing. For the full San Francisco Chronicle article see:
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/
2001/04/11/MN235748.DTL
3:15/03. GUIDEBOOK TO CALIFORNIA FISHERY
MANAGEMENT RELEASED: The California Marine Life Management
Project, sponsored by the National Fish & Wildlife Foundation, has
announced the release of its Guide to California's Marine Life
Management Act, by Michael Weber and Burr Heneman. The 133-page
book, published by Common Knowledge Press of Bolinas, California, is
intended to provide fishermen, marine scientists, policy makers and the
public a guide to the 1998 legislation by California State Assemblyman
Fred Keeley setting out a process, including the establishment of fishery
plans, for managing the state's marine fish resources. For more
information on the book, contact the California Marine Life Management
Project, 28 Second Street, 6th Floor, San Francisco, CA 94105;
Tel: (415)778-0999.
3:15/04. INFREQUENT FISH CONSUMERS MORE LIKELY TO
EXPERIENCE SYMPTOMS OF DEPRESSION; OR "EAT FISH, BE
HAPPY" : Move over Bobby McFerrin, we have other ways to be happy,
as well as not worry about your health. On 11 April, WorldCatch News
Network reported that researchers in Finland have found that the likelihood
of experiencing mild to severe depression was higher among infrequent
fish consumers. The study, published in this month's issue of Psychiatric
Services, finds that people who eat more fish are less likely to suffer from
symptoms of depression. Researchers polled more than 3,000 Finnish
adults on whether they experience depressive symptoms and the nature of
their lifestyles including: marital status, employment status, smoking
habits, alcohol and coffee intake, education level, and how much fish they
consumed. Supporting findings from previous studies that link low levels
of the omega-3 fatty acid docosahexaenoic acid (DHA), important for
optimal brain function, with depression, the researchers found "that the
likelihood of having mild to severe depression was 31 percent higher
among infrequent fish consumers, those who ate fish twice a month or less,
than in people who ate fish once a week or more". The report of the
Finnish study comes on the heels of the news of the high levels of Omega-3
fatty acids found in wild California king (chinook) salmon (see Sublegals
3:14/03).
The report of the Finnish study also came less than two weeks after a
WorldCatch article (26 March) on the release of a study on fish
consumption reducing the incidence and duration of headaches. The results
of that study were announced at a joint meeting of the Pediatric Academic
Societies and American Academy of Pediatrics recently held in Boston,
Massachusetts. The researchers randomized 27 teens suffering from
frequent headaches to a diet supplemented with fish oil for 2 months,
nothing for 1 month, and a diet supplemented with olive oil for 2 months.
During treatment with fish oil, 87 percent experienced reduction in
headache frequency, 74 percent experienced reduction in headache
duration, and 83 percent experienced reduction in headache severity.
During treatment with olive oil, 78 percent experienced reduction in
headache frequency, 70 percent experienced reduction in headache
duration, and 65 percent experienced reduction in headache severity. About
93 percent stated they would recommend fish oil to friends or relatives with
recurrent headaches, and 93 percent would recommend olive oil.
The authors concluded, "Patients experienced a similar reduction in
frequency, duration, and severity of headaches during treatment with fish
oil and during treatment with olive oil. The overwhelming improvement
evident in these patients suggests that the effect should not be dismissed as
simply a placebo effect. In fact, results of this preliminary study suggest
that both fish oil and olive oil may be beneficial in the treatment of
recurrent headaches in adolescents." For more information, go to:
www.worldcatch.com .
3:15/05. PACIFIC GROUNDFISH STOCK ASSESSMENTS
AVAILABLE: The Pacific Fisheries Management Council (PFMC), the
federal body charged with making recommendations for the regulation of
U.S. Pacific coast fisheries, has announced the availability of the results
of its 2001 Groundfish Stock Assessment Review (STAR) Process. The
report is available only upon request. Draft stock assessments are
available for Dover sole, blackcod (sablefish), shortspine thornyhead and
several other species as well as final START panel reports. For copies
contact the PFMC office at (503)326-6352. For more information on the
Council and its groundfish program see: www.pcouncil.org under
"groundfish." However, the STAR documents are not yet posted on their
website as of the date of this issue.
3:15/06. MEETING DATES SET FOR REVIEW OF PROPOSED
GROUNDFISH VESSEL BUYBACK PROGRAM: A series of meeting
along the California coast have been set for next week to discuss a proposal
for reducing harvest capacity in the Pacific Coast groundfish fleet. The
meetings will focus on a plan put forth by the Fishermen's Marketing
Association, which represents trawlers from central California to southern
Washington State. Currently in the Congress, U.S. Senator Ron Wyden
(D-OR) is crafting legislation to provide for a vessel buy-back program for
Pacific groundfish. The meetings will be held as follows:
PORT TIME HOURS LOCATION
Eureka 17 April-1000 HRS Woodley Island Marina Meeting Room
Fort Bragg 19 April-1000 HRS Salmon Trollers Marketing
Association Hall
Bodega Bay * 19 April-1600 HRS Grange Hall
San Francisco 20 April-1000 HRS Crab Boat Owner's Association Hall
Moss Landing 20 April-1600 HRS Moss Landing Harbor District Office
Meeting Room
Morro Bay 21 April-1000 HRS Commercial Fishermen's Organization
of Morro Bay Gear
Shed
*Tentative. For more information, contact the Fishermen's Marketing
Association, 320 Second Street, Suite 2B, Eureka, CA 95501; or e-mail:
ppl2 at axe.humboldt.edu .
3:15/07. KLAMATH RIVER FLOWS DISPUTE CONTINUES: In
response to the recently finalized Biological Opinion (BiOp) setting forth
minimum water flows to prevent extinction of coho salmon in the Klamath
Basin of Oregon and northern California (Sublegals 3:14/01), the Klamath
Water Users Association and other federal irrigation project users have
gone back to court to try to overturn them. Filing 11 April in US District
Court in Oregon, they claimed lack of environmental analysis and breach
of private water contracts, both issues that have already been decided
against them in prior cases. PCFFA and other plaintiffs involved in the
prior flow case immediately intervened, and a court hearing is now
scheduled for 27 April. Lower river fishing economies cannot survive
unless there are adequate flows released by the Klamath Irrigation Project
to prevent major downriver fish kills. The final BiOp for coho salmon is
on the web at: http://www.mp.usbr.gov/kboa/esa. For more information
contact Glen Spain at: fish1ifr at aol.com. Also see:
http://www.oregonlive.com/printer2.ssf?/editorials/oregonian/
ed_11att15.frame
3:15/08. KLAMATH BASIN SYMPOSIUM, 22-25 MAY:
California's Humboldt State University is hosting a symposium on the
Klamath Basin at its campus in Arcata, California. Though now at less
than 10% of its historic productive capacity, and gripped in conflicts
between water users, the Klamath Basin historically was the third largest
producer of salmon on the U.S. west coast. The focus of the symposium
will be the statutory, regulatory and policy influences in the basin, the
science of the ecological processes that shape the basin, fish and wildlife
restoration activities, and the social, community and cultural influences in
the basin. For information call (707) 826-3731 or see:
http://www.humboldt.edu/~extended/klamath/index.html
3:15/09. PFMC ADOPTS 2001 SALMON SEASON - LEAST
RESTRICTIVE IN YEARS: At its 1-6 April meeting in Sacramento (see
Sublegals 3:13/08), the Pacific Fishery Management Council adopted its
recommendations to the U.S. Secretary of Commerce (i.e., National Marine
Fisheries Service) for the 2001 ocean salmon seasons and regulations
offshore California, Oregon and Washington. The seasons, though far from
the historic ones of two decades ago, were more generous than in recent
years, reflecting the increased abundance of the stocks targeted by the
ocean commercial and recreational fisheries, particularly the abundant
Sacramento River fall-run chinook. And for the first time in over 50 years
there will be an October commercial troll fishery in California, between
Point Reyes and Pedro Point (off the Golden Gate), to harvest Sacramento
kings. For more information, go to the PFMC website at:
www.pcouncil.org .
3:15/10. SALMON WATER FLOWS AGAIN CURTAILED IN
THE COLUMBIA: Acting again to declare a power emergency, the
Bonneville Power Administration (BPA) has suspended all efforts to spill
water over its eight federal hydropower dams on the Columbia River for
at least two weeks. The water is needed to help outmigrating juvenile
salmon reach the sea, otherwise they are forced to go through the turbines
or be loaded onto trucks and barges just as the current migration season
gets underway. BPA has estimated losses of juvenile salmon that would
result at up to 15 percent, a figure that Tribal and other biologists consider
a serious underestimate because it does not count delayed mortality from
stress and disease transmission caused by artificial transportation. BPA has
also been criticized for its willingness to sacrifice salmon runs while doing
too little to secure more water from upstream users. "The federal
government is not doing enough to get water in the rivers," said Glen Spain
of PCFFA. Spain also said the BPA should increase efforts to buy water
from farmers, particularly in Idaho. "The likely result of this short-sighted
action is a salmon massacre." PCFFA and other organizations have
presented the Northwest Power Planning Council and BPA an alternative
plan to secure more water, which has so far been ignored. For more of this
story see The Oregonian at: http://www.oregonlive.com/printer2.ssf?/
news/oregonian/lc_71spill14.frame
The BPA operations plan, "Recommendations on 2001 Federal
Columbia River Power System Operations and Fish Survival," and
"Analysis of 2001 Federal Columbia River Power System Operations on
Fish Survival," are now out for public comment until 20 April, and posted
by the Northwest Power Planning Council at: http://www.nwcouncil.org.
A hard copy can be obtained from the Council by calling (800)452-5161
and requesting Document No. 2001-06. Written comments may be
directed to Mark Walker, Director of Public Affairs, Northwest Power
Planning Council, 851 SW Sixth Avenue, Suite 1100, Portland, OR 97204
or by email to: cwinkel at nwppc.org or faxed to (503)820-2370.
3:15/11. EEL RIVER MAKES THE AMERICAN RIVERS' 2001
LIST OF MOST ENDANGERED RIVERS IN THE COUNTRY: On
11 April, the Ukiah Daily Journal reported that California's Eel River has
been ranked third on the American Rivers' 2001 list of most endangered
rivers in the country. The Washington D.C.-based conservation group cites
power generation impacts, including water diversion from the Eel River to
the Russian River by Pacific Gas & Electric (PG&E) via the Potter Valley
Project (PVP), fossil fuel extraction, and combustion and contamination
from manufacturing energy grid components as continuous threats to the
river and its chinook, coho and steelhead populations, all of which are
listed under the federal Endangered Species Act (ESA). The Eel River
basin was California's third largest salmon producing river. The two dams
and a power plant comprising PVP primarily benefit Russian River basin
users, supplying water for recreation (summer canoeing), irrigation for
vineyards and Sonoma County's growing suburbs. To see the article go to:
www.ukiahdailyjournal.com .
3:15/12. OREGON FISH & WILDLIFE COMMISSION TO
CONSIDER MORE FISH PASSAGE WAIVERS: Under current
Oregon law, all dams must have fish passage unless passage is waived by
the Oregon Fish & Wildlife Commission after a finding that sufficient
mitigation measures will be undertaken to offset the fish losses. At its 20
April meeting, the Commission will be briefed on a request for waiver of
fish passage at the planned Shaniko Dam #2, a proposed 97 foot-high
structure on Pine Hollow Canyon, a tributary of the John Day River, one
of the better salmon habitat rivers still remaining in Oregon. The
Department has concluded that there is not going to be sufficient water in
the project to implement all mitigation measures proposed. For additional
information contact Charlie Corrarino, Oregon Department of Fish &
Wildlife, (503)872-5252 extension 5431. For the meeting agenda:
http://www.dfw.state.or.us/ODFWhtml/commission_meeting.html .
3:15/13. CALIFORNIA BOARD OF FORESTRY SCIENCE
WORKSHOP ON WATERSHED ASSESSMENTS: On 20 April, the
California Board of Forestry will host a facilitated scientist's panel to
discuss the elements and applications of watershed assessments in
forestlands. The intent of the panel, open to the public to address questions
to the panel, is to develop information for the California Board of Forestry
as it develops regulatory and policy options for watershed assessments for
forest practices in that state. Lack of adequate watershed assessment has
been identified as a serious problem in protecting depressed and
Endangered Species Act (ESA)-listed salmon and steelhead populations
from the impacts of industrial forestry. The workshop begins at 0830 HRS
at the University of California Blodgett Forest Research Station, 4501
Blodgett Forest Road, Georgetown, California. For general information on
the California Board of Forestry's regulatory activities see:
http://www.fire.ca.gov/BOF/BOF.asp.
3:15/14. PETITION FILED FOR RECONSIDERATION OF
STATE BOARD YUBA WATER RIGHTS DECISION: The California
Sportfishing Protection Alliance (CSPA) has filed a petition with
California's State Water Resources Control Board (SWRCB) to reconsider
the Board's 1 March decision on Yuba River water flows (see Sublegals,
3:10/02). Following two major evidentiary hearings and a decade of
delay, the SWRCB adopted its final Water Rights Decision 1644 for the
Yuba River that provides flows far less than those recommended by the
California Department of Fish & Game, the U.S. Fish & Wildlife Service
and the National Marine Fisheries Service to protect spring-run chinook
and steelhead, both listed as endangered species, as well as fall-run king
salmon and American shad. The Yuba supports the largest natural
spawning chinook salmon populations in California's Central Valley rivers
basin. To justify their last moment revisions, overriding a staff report
supporting the position of the fishery agencies and fishing organizations
(e.g., CSPA, PCFFA), the SWRCB cited public comments and their desire
not to aggravate the state's energy crisis as the reason for not providing the
fish the needed flows.
The shortfall in flows in the D-1644 ruling were not supported in the
evidentiary record. Since the SWRCB decision is to be based only on the
evidentiary hearing record, CSPA has filed a request to have the SWRCB
reconsider the decision. According to Jerry Mensch, CSPA's Board
Member who is leading the Yuba effort, "The legal requirement that the
SWRCB base its decisions on substantial evidence in the record appears to
have been replaced by a new popularity standard. Had we known they were
going to make their decision based on how many people speak for or
against the draft proposals, we could have solicited some advice on public
voting from Florida."
CSPA has filed a request with California Attorney General Bill Lockyer
seeking his legal assistance to protect critical naturally produced salmon
and steelhead under his independent enforcement authority to protect
environmental and public trust resources. The organization is requesting all
fishing and conservation groups and concerned public to contact the
SWRCB voicing opposition to their decision. Contact Harry M. Schueller,
Chief, Division of Water Rights, SWRCB, P.O. Box 2000, Sacramento, CA
95814-2828, or call Ernest Mona at (916) 341-5359. For additional
information, or to make tax deductible contributions to assist the CSPA
efforts, send donations made out CSPA for the Yuba River Action Fund
to CSPA at 1360 Neilson Street, Berkeley, CA 94702. For additional
information, e-mail: JBeuttler at aol.com .
3:15/15. SACRAMENTO RIVER WATERSHED PROGRAM
DISCUSSIONS: California's Central Valley Regional Water Quality
Control Board will host two stakeholder meetings on its Sacramento River
Watershed Program. Presentations and discussions will focus on watershed
monitoring and the institutional framework for the program. The meetings
are scheduled for 24 April in Redding and 26 April in Sacramento,
California. For more information, contact Carol Atkins at: (530) 758-0477.
3:15/16. REPORT RELEASED ON FISHERIES COOPERATIVE
DATA GATHERING: The National Fisheries Conservation Center has
released its report to the National Marine Fisheries Service (NMFS), titled
"National Evaluation of Cooperative Data Gathering Efforts in Fisheries"
prepared by Dr. Brock Bernstein and Suzanne Iudicello. For information
or a copy of the 68-page report, contact the National Fisheries
Conservation Center at: www.nfcc-fisheries.org .
The NFCC in 1998 also prepared a report to the Alfred Sloan
Foundation, titled "Identifying Fisheries Research Needs." The two reports
provide background information for the upcoming conference in British
Columbia, "Putting Fishers' Knowledge to Work" scheduled for 27-30
August in Vancouver (see Sublegals, 2:23/05). The Vancouver gathering,
hosted by the University of British Columbia, will be an international
conference about how fishermen's knowledge can improve the
management of fisheries. For more information, go to:
http://www.fisheries.ubc.ca/Announce/FKnowledge.htm .
3:15/17. BODEGA BAY PREPARES FOR ANNUAL
FISHERMEN'S FESTIVAL: "2001: A Fish Odyssey" is the theme for
the 28th Annual Fishermen's Festival scheduled for 20-22 April in this
fishing village along California's Sonoma Coast. Saturday's events include
a jazz festival, crafts fair, wine tasting and an oyster barbeque. Sunday is
more of the same with the parade of fishing boats and blessing of the fleet.
For more information, call (707) 875-3422.
3:15/18. CANADIAN REPORT FINDS THAT BC FISH FARM
INDUSTRY NOT ENVIRONMENTALLY SUSTAINABLE: The quiet
release of a Canada provincial government report on British Columbia
salmon farms' compliance to various pieces of legislation tells the story of
an industry that has a long way to go before being environmentally
sustainable, reported FIS on 9 April. The compliance report is the first step
in the Ministry of Environment, Lands & Parks (MELP) graduated
enforcement approach to dealing with non-compliance and to address
various issues raised in the report. Stemming from 124 site inspections by
Conservation Officers between July and December of last year, the report
highlighted a number of areas of non-compliance within the industry,
including: human waste; waste material such as blood and wastewater from
cleaning nets being discharged into the environment in contravention of the
Waste Management Act; stunning and bleeding fish into the water,
contrary to the Waste Management Act; some farms using firearms for
marine mammal predator control without the required provincial
documentation and federal fisheries department license; about half the
farms using water from streams without having a water license; farms
composting, burying or incinerating dead fish on site in contravention of
the Waste Management Act. For more information, go to:
http://www.fis.com/fis/hotnews/ . The report itself is at:
http://www.elp.gov.bc.ca/vir/cos/MSFC_Report.pdf
3:15/19. STATE OF MARYLAND ADOPTS LAW RESTRICTING
GENETICALLY MODIFIED FISH FARMS: On 10 April, the
Governor of the State of Maryland signed what is apparently the first state
law in the U.S. prohibiting the introduction of transgenic organisms into
the wild from aquaculture. Aimed at growing concerns raised by the likely
use of genetically modified organisms in aquaculture, the new law requires
all such organisms to be kept in closed systems operations from which they
cannot physically escape to local waters. The restriction will be in place
for five years, subject to extension by later Legislatures. A copy of the
bill
(HB 189) can be obtained at: http://mlis.state.md.us.
3:15/20. UK DRAFTING NEW RULES FOR EXTRACTING
MINERALS FROM THE SEABED: The 30 March issue of the U.K.
fisheries trade publication, Fishing News, reports (p.6) that the British
Government has begun drafting new rules for the extraction of minerals
from the seabed. The rules, however, have come under strong criticism
from the National Federation of Fishermen's Organisations (NFFO) saying
the mineral extraction must take place under licensing conditions that are
as tightly controlled as those applied on land, or it could cause long term
damage to the fishing industry. To view the FN article, go to:
www.fishingnews.co.uk. For more information on the U.K. Government's
proposed dredging rules for seabed minerals, go to:
http://www.planning.detr.gov.uk/conindex.htm .
NEWS, COMMENTS, CORRECTIONS: Submit your news items,
comments or any corrections to Natasha Benjamin, Editor at:
ifrfish at pacbell.net 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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