[acn-l] ~~>FISHLINK SUBLEGALS 12/15/00<~~ (fwd)

PETER.UNMACK at asu.edu
Sat, 23 Dec 2000 13:44:15 -0700 (MST)

From: FISH1IFR at aol.com
Date: Tue, 19 Dec 2000 15:26:26 EST
Subject: ~~>FISHLINK SUBLEGALS 12/15/00<~~
To: AFS at wyoming.com, ACN-L at pinetree.org, crab-l at ios.bc.ca,
FishingForum at onelist.com, fishhabitat at mail.orst.edu,
salmon at riverdale.k12.or.us


VOL 2, NO. 24 15 DECEMBER 2000

CALLED FOR: The Boards of Supervisors of three California coastal
counties - Marin, San Francisco and San Mateo - are calling for a
readjustment of the boundary lines between the Gulf of the Farallones
National Marine Sanctuary and the Monterey Bay National Marine
Sanctuary to more fully reflect biological and oceanographic as well as
political boundaries between the two national marine sanctuaries along the
central and northern California coast. The counties are seeking to move the
boundary line of the Gulf of the Farallones south to Ano Nuevo, at the
border of San Mateo and Santa Cruz County, and the natural delineation
between the Gulf of the Farallones and Monterey Bay. The Gulf of the
Farallones stretches east-west between San Francisco Bay and the Farallon
Islands and north south from roughly Ano Nuevo to Bodega Head. The
boundary readjustment is also supported by San Francisco Bay Area
conservation and fishing organizations.

Currently the Monterey Bay sanctuary (established in 1992) snakes its
way inside of the Gulf of the Farallones sanctuary (established in 1980)
along the San Mateo, San Francisco and a portion of the Marin County
coast, resulting in confusion for the fishing fleet and the public, wondering
who is in charge and where. The current boundaries are not based on either
physical, or political boundaries, but were the result of an effort in 1992,
by conservation and fishing groups, to have designated as much of the
California coast as possible a marine sanctuary to thwart any future
offshore oil drilling and protect valuable fishing grounds. Little thought
was given at the time to how the sanctuaries would work together or who
would be in charge of what. It was felt that could be resolved later.
Initially, in fact, the Gulf of the Farallones was given management
authority over the northern portion of the Monterey Sanctuary (Ano Nuevo
north), but in recent years the Monterey office has sought to take control
of the northern waters, causing confusion and erosion of support for the
sanctuary program. As a result, the three counties have each passed
resolutions requesting a readjustment of the sanctuary boundaries.

"The resolutions express our strong interest in cohesive ecosystem
management of the Gulf of the Farallones. Currently, the sanctuary
boundaries bisect the gulf, resulting in divided administrative and technical
management responsibilities. Historically, that constraint was addressed
through assignment of management authority to the Gulf of the Farallones
Sanctuary. In recent years, that practice has been suspended," wrote Steve
Kinsey, president of the Marin County Board of Supervisors on behalf of
the three counties, in a letter to the Secretary of Commerce. "At this time
we are requesting your active participation in executing a boundary line
adjustment that will permanently establish the entirety of the sanctuary
extending from our shores as being the Gulf of the Farallones National
Marine Sanctuary. We are also requesting that assignment of the
management boundary to the Gulf of the Farallones Sanctuary be resumed
at this time and continue until the boundary change is adopted."

The counties' request does not diminish, nor extend, santuary coverage
of the coast. It simply asks for a readjustment of the boundaries between
the two sanctuaries. For more information, contact Supervisor Steve
Kinsey at: skinsey at marin.org .

annual meeting, scheduled for 15-20 February in San Francisco, the
American Association for the Advancement of Science (AAAS) will
sponsor a symposium on marine protected areas on Saturday, the 17th, at
the Hilton Hotel At its 1997 meeting in Seattle, a symposium on marine
reserves raised a number of critical scientific issues and identified research
and policy priorities. . In response, an international team of scientists was
established charged with developing more useful scientific underpinnings
at the National Center for Ecological Analysis & Synthesis (NCEAS) and
for marine reserves.

The all-day symposium will feature two back-to-back sessions: the first
will be on "Scientific Theory of Marine Reserves," the second will be
"Melding the Science and Policy of Marine Reserves." The cost for a
"One-Day Passport" to the AAAS Annual Meeting is $130 (US) for
members and $155 for non-AAAS members. For more information, go to:

HOURS OF 106th CONGRESS: Today, 15 December, the Congress
passed in its Commerce appropriations bill, language extending the
moratorium on individual fishing quotas, or individual transferrable quotas,
(ITQs) for another two years (see Sublegals, 2:23/06; 2:17/02). This is
language that was supported by most fishing and conservation groups,
including the Marine Fish Conservation Network (MFCN). The language
extends the moratorium expiration date from 1 October 2000 to 1 October
2002. It also allows permit "stacking" in the Pacific Coast blackcod
(sablefish) fishery. It also allows: "(a), the Gulf of Mexico Fishery
Management Council may develop a biological, economic, and social
profile of any fishery under its jurisdiction that may be considered for
management under a quota management system, including the benefits and
consequences of the quota management systems considered. The North
Pacific Fishery Management Council shall examine the fisheries under its
jurisdiction, particularly the Gulf of Alaska groundfish and Bering Sea crab
fisheries, to determine whether rationalization is needed. In particular, the
North Pacific Council shall analyze individual fishing quotas, processor
quotas, cooperatives, and quotas held by communities. The analysis should
include an economic analysis of the impact of all options on communities
and processors as well as the fishing fleets. The North Pacific Council shall
present its analysis to the appropriations and authorizing committees of the
Senate and House of Representatives in a timely manner."

In other ITQ news, the National Marine Fisheries Service (NMFS)
announced in the 14 December Federal Register (Vol. 65, No. 241, pp.
78126-78131) [wais.access.gpo.gov], that it is proposing a rule "to amend
regulations implementing the Individual Fishing Quota (IFQ) Program for
the Pacific halibut and sablefish fixed gear fisheries in and off Alaska.
NMFS has identified parts of the program that need further refinement or
correction for effective management of the affected fixed gear fisheries."
Comments on the action are due by 16 January. They should be sent to Sue
Salveson, Alaska Region, NMFS, Room 453, P.O. Box 21668, Juneau, AK
99802. For more information, call James Hale at (907) 586-7228.

FISHERIES BOARD: Ireland's Central Fisheries Board has announce the
launch of its internet new website intended for fishermen, interested
members of the public and fisheries professionals. According to the CFB,
one of the aims of the site is to make contact with and initiate
communication with various fisheries and aquatic bodies around the world.
To view the website, go to: http://www.cfb.ie

LEVEL: On Thursday, 14 December, the Westlands Water District,
representing land speculators and corporate growers on the selenium-laden
west side of California's San Joaquin Valley, filed suit in U.S. District
Court in Fresno seeking a Temporary Restraining Order (TRO) against
Interior Secretary Bruce Babbitt from signing the Record of
Decision(ROD) on increasing flows into the Trinity River (see Sublegals,
2:23/16; 2:20/02; 2:18/09). No TRO was issued but, instead, Westlands
will now file for a Preliminary Injunction on 29 December, filings will
occur on 12 and 19 January and a hearing will be held on 5 February when
a new Interior Secretary is expected to be in place. Babbitt, meanwhile,
will announce the ROD at a ceremony at Hoopa on Tuesday.

In addition to the court action sought by Westlands, two California
Congressmen, Cal Dooley and Gary Condit, have written the
Administration trying to block the order to restore northern California's
Trinity River to 48 percent of its historic flows. Currently, as much as 70
percent of the Trinity flow has been diverted into the federal Central Valley
Project (CVP) to provide subsidized water deliveries for agribusiness in
portions of the Sacramento Valley and the west side of the San Joaquin
Valley, including Westlands, even though the legislation authorizing the
Trinity Unit of the CVP specifically authorizes its water for the Sacramento
Valley only. PCFFA and Friends of the Trinity River have both argued for
a reallocation of Trinity flows to 70 percent of the historic annual average
to begin to restore the Klamath River basin's salmon runs.. For more
information, go to: http://www.fotr.org .

Associated Press (AP) reported today, 15 December, that researchers from
the University of Idaho and Washington State University have found
evidence of sex changes in several fall Chinook salmon from the Hanford
Reach of the Columbia River. Genetic samples taken from returning wild
chinook last year show 80 percent of the females tested began life as males.
The findings could help determine why wild salmon runs have declined
dramatically in the Pacific Northwest, according to the AP article. The
Hanford Reach runs along the Hanford nuclear reservation and is the last
free-flowing stretch of the Columbia in the United States. The study, led
by University of Idaho zoology professor James J. Nagler, was published
in Environmental Health Perspectives, a journal of the National Institute
of Environmental Health Sciences. Nagler and his partner, Gary
Thorgaard, director of Washington State University's Biological Sciences
Department, ruled out radiation as a cause for the gender reversal.
Although it has never been known to happen in nature, Nagler said water
temperature fluctuations caused by hydroelectric dams could be responsible
for the gender-reversed females he observed in the Hanford Reach.

BREACHING LANGUAGE: The Biological Opinion (BiOp) for the
operation of the Columbia River dams to protect salmon pursuant to the
Endangered Species Act (ESA) will be delayed at least a week, reports
Fishwire, to change language recommending Action Agencies (U.S.
Bureau of Reclamation, U.S. Army Corps of Engineers, Bonneville Power
Authority) breach lower Snake dams if performance standards for
protecting the fish aren't met. The long-awaited BiOp had been scheduled
for release today, 15 December. Last Friday, George Frampton, acting
chair of the White House Council of Environmental Quality (CEQ), told
federal agencies to cease all activity associated with the scheduled 15
December rollout of the BiOp "immediately."

Sources indicated that the Administration wants to hardwire language
in the new BiOp that calls for breaching lower Snake dams if
improvements to Snake River stocks do not meet performance standards
at 3-, 5- and 8-year check points. They speculated that the draconian
language about breaching dams will be included to appease environmental
groups who fear that a Bush presidency will try to soften salmon recovery
standards. Frampton told other federal agencies that the re-write should
take about a week. For more information, contact: saddis at newsdata.com.

In Michael J. Allan's column in the Los Angeles Times, meanwhile,
under the title, "When Power Price Is High Enough, the Fish Become a
Side Dish," he writes, " A fishy smell is wafting down from the north,
where a federal agency is selling off power from dams recently made
famous for the controversy surrounding the salmon runs in the rivers upon
which they sit. This December sounds more like high summer in Southern
California when you listen to power-utility spokesmen. Consumers are
livid and confused--as power providers attempt both to make up the
shortfalls hitting California and to soften the blow of high electricity
exacerbated by one of California's former allies, the Bonneville Power
Administration." To view his column, go to:
http://www.latimes.com/news/comment/20001215/t000119733.html .

PROPOSALS: The National Association of Counties, the National Fish
& Wildlife Foundation (NFWF), and the Wildlife Habitat Council, in
cooperation with the U.S. Environmental Protection Agency (EPA), the
National Marine Fisheries Service (NMFS) and other sponsors, have
announced their Five-Star Restoration Challenge Grant Program. It is an
outgrowth of the Clinton Administration's Clean Water Action Plan to
provide modest financial assistance on a competitive basis to support
community-based wetland and riparian restoration projects that build
diverse partnerships and foster local natural resource stewardship. The
Five-Star Restoration Program is one of several Clean Water Action Plan

Five-Star Restoration Challenge Grant awards are between $5,000 and
$20,000; the average grant is $10,000. Projects must include a strong
on-the-ground wetland or riparian restoration component, and should also
include education, outreach, and community stewardship. Projects
involving only research, monitoring or planning are not eligible for
funding. Applicants must demonstrate measurable ecological, educational,
social and/or economic benefits resulting from the completion of the
project. Projects may be a discrete part of a larger restoration effort but
must be ready to complete within a one-year time-frame upon receipt of
funding. The Five-Star Restoration Challenge Grant program is open to any
public or private entity.

Five-Star Restoration Challenge Grant preference will be given to
projects that 1) are part of a larger watershed or community stewardship
effort, 2) include specific provisions for long-term management and
protection, and 3) demonstrate the value of innovative, collaborative
approaches to restoring the nation's waters. Projects that are part of a
mitigation requirement are not eligible for funding. Organizations or
projects that have received funding under this program are eligible to
reapply; however, preference will be given to those that have not
previously received support. The deadline for applications is 2 March 2001.
For more information, go to: http://nfwf.org/5star-rfp.htm .

Network reports that Dungeness crab fishermen and processors in northern
Oregon and along the entire coast of Washington have agreed to further
delay the start of the second season opening due to poor crab quality in
those areas (see Sublegals, 2:23/02; 2:22/01). Oregon and Washington
fishery managers jointly agreed in late November to a two-week delay in
the 1 December opening of the West Coast commercial Dungeness crab
season in Oregon, north of Cape Lookout, and the entire coast of
Washington, excluding treaty Indian fishing areas. An agreement was
reached 11 December, between the two sides. It would push back fishing
activity north of Cape Lookout, Oregon, and along Washington's coast,
excluding treaty Indian fishing areas, until 4 January, when crab meat
quality should be improved along with the promise of an ex-vessel price of
$1.60 a pound. Monday's agreement comes less than a week after a five-
day strike by fishermen in the West Coast Dungeness crab fishery ended
when processing plants agreed to pay fishermen a $1.60 dock price at ports
in northern California up to Cape Lookout. For more information see

DONATION RULES: The National Marine Fisheries Service (NMFS)
announced in the 14 December Federal Register (Vol. 65, No. 241,
pp.78119-78121) [wais.access.gpo.gov] it has issued its final rule that
permanently extends the existing regulations that establish and govern the
voluntary Pacific halibut donation program. Under this program, Pacific
halibut that is taken incidentally in groundfish trawl fisheries off Alaska
may be donated for consumption by economically disadvantaged
individuals rather than discarded, as normally required. The final rule takes
effect on 1 January. Copies of the regulatory impact review and
environmental assessment prepared for this action may be obtained from
NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802, Attn: Lori
Gravel, or by calling (907) 586-7228.

National Fisherman reports in its January issue that fishermen from New
Bedford and National Marine Fisheries Service (NMFS) scientists have
successfully finished an investigation into whether or not commercial
fishing boats can be used to assess monkfish stocks in the Northeast. This is
an important step to develop partnerships between fishermen and scientists.
The survey took place over October and sampled monkfish that will be used
for stock assessments and to study growth rates. Monkfish is a $30 million a
year fishery, and is in decline according to current estimates. But the
complaint against the stock assessment is that they are not based on trawls
that target monkfish, which the deep water trawls used in the fishery do. The
investigation showed that surveys specific for monkfish can lead to a better
understanding of the fish. For more information, go to:
http://www.nationalfisherman.com .

STURGEON AND CHILEAN SEA BASS: In an effort to prevent
further decimation of Caspian Sea sturgeon populations, the "Roe to Ruin:
Caviar Emptor" campaign has been launched by the Natural Resources
Defense Council (NRDC), the Wildlife Conservation Society and SeaWeb.
Sturgeon populations have declined sharply due to fishing pressure,
pollution, and habitat destruction and have brought many of the Russian
and Iranian populations close to extinction. This campaign calls for an
prohibition on international trade of beluga caviar and stronger U.S.
enforcement; listing beluga sturgeon as endangered; greater international
funding for protection efforts; support for environmentally sound
aquaculture as an alternative; and stronger state management of U.S.
sturgeon species. The campaign also recommends consumers reduce their
consumption of caviar and avoid beluga caviar altogether. More
information can be found at: www.caviaremptor.org

The National Environmental Trust (NET), meanwhile, is launching a
consumer campaign to protect Patagonian Toothfish, better known by its
market name Chilean Sea Bass. This is a relatively new fishery beginning
seven years ago, where fish are caught in waters around Antarctica. The
long reproductive cycle of this fish and illegal fishing operations have
caused great concern for the status of this fishery, and it is believed
without immediate conservation measures, the fishery will collapse. This
campaign will target the food industry and consumers to increase
awareness on the issues facing the Chilean Sea Bass. For more information
about the NET Patagonian Toothfish campaign, go to: www.environet.org

AGREEMENTS: U.S. President Bill Clinton announced on Wednesday,
13 December, that his administration has put in place rules that subject
future trade deals to environmental reviews, reports the Associated Press.
The guidelines were developed under an executive order issued by the
President last year. They direct the Office of the U.S. Trade Representative
and the White House's Council on Environmental Quality (CEQ) to review
agreements for their potential environmental impacts. Also consulted
would be governmental agencies, Congress and environmental groups.

The new rules are part of the Clinton Administration's efforts to answer
complaints that past trade deals have failed to include safeguards for the
environment and worker rights. U.S. labor unions and environmental
groups have contended that globalization promotes moving U.S. factories
to countries with a low-wage work force and lax environmental
regulations. Fishing groups, too, have been critical of Clinton's trade
policies and, in particular, the failure of his administration to appoint any
fishermen to advisory position to the U.S. Trade Representative. To date,
only a fish importer/processor spokesman (whose interests are often at odds
with working fishing men and women's efforts to build sustainable
fisheries) sits in a fishery advisory position to the U.S. delegation in trade
negotiations. See: "The World Trade Organization and Sustainable
Fisheries" by Victor Menotti, October 2000, on PCFFA's website at:

Environmental groups praised the guidelines, although some expressed
concerns about whether a Bush Administration would adopt them. While the
guidelines will not be binding on a new administration, U.S. Trade
Representative Charlene Barshefsky predicted that the next administration
will choose to adopt similar environmental reviews. Barshefsky said the
administration would use the guidelines to review proposals, to be put
forward before leaving office in January, on what a new round of trade talks
should include, as well as efforts now under way to reach deals with
Singapore and Chile.

Commercial Hook Fishermen's Association (CCCHFA) and The Resource,
Inc. have come together to form Cape Live Seafood, a Harwich,
Massachusetts-based firm, to establish a high value market for live codfish.
This cooperative is designed to promote sustainable fisheries which deliver
the freshest available product to the market while putting more money into
the pockets of the fishermen. The fish are caught by hook-and-line on boats
equipped with chilled tanks to hold live fish which allow fishermen to fish
twelve months of the year. The effort is similar to the efforts in California
aimed at establishing a similar fishery in nearshore waters for live fish
utilizing hook-an-line and traps. For more information about CCHFA, go
to: www.cchfa.org

OUT OF HCP PROCESS?: Coastwatcher reports that the U.S.
Department of Commerce is holding up rules authorizing the California
Coastal Commission (CCC) review of Habitat Conservation Plans (HCPs)
for the protection of species found within the state's coastal zone. Under
California law, the Commission has authority for the protection of coastal-
dependent resources, including fish and the fishing industry infrastructure
(including anchorages) from coastal development. In November, the
Commission held a workshop on the issue and attempted to educate
California Department of Fish & Game (CDFG) on the need to comply
with the Coastal Act when implementing HCPs on behalf of developers.
A recent glaring failure was an HCP in Carlsbad that would have permitted
a golf course on coastal wetlands.

In the interim, the federal Office of Coastal Resource Management
(OCRM), an agency within the National Oceanic & Atmospheric
Administration (NOAA), was to issue a routine order that the California
Coastal Commission be given notice where an HCP or other plan would
impact endangered species (Incidental Take Permit or ITP). At least ten
other states, including Texas, already receive such notice. That decision
was to have been made yesterday, 14 December.

The delay in NOAA's planned issuance of the order yesterday, followed
word that on Tuesday that some highly placed California officials had
lobbied U.S. Commerce Secretary Norm Mineta (NOAA is under
Commerce) and the federal government to deny California routine notice
of pending HCPs. Faced with the threat of having HCPs be used to ruin the
California coast, the Commission responded by calling a special meeting
on the 14th. At that meeting, the CCC voted to provide NOAA a 30-day
extension to grant the notice request, in an effort to convince the
Commerce Secretary, who has heard only from anti-coastal public officials
and developers, of the need to provide the Commission this review, much
the same as it is given federal consistency oversight. HCPs are now being
prepared to cover much of the California coast, and are being used to
propose development of golf courses, subdivisions and resorts that would
destroy wetlands and other environmentally sensitive habitat (some critical
for fish production). If the proposed notice listing is approved, however, all
future HCPs, no matter who controls the White House., would be subject
to CCC review and compliance with the Coastal Act. Comments can be
directed to the Secretary of Commerce at: nmineta at doc.gov . For more
information, contact: mark.massara at sierraclub.org .

FISHERIES ORGANIZER: The Institute for Fisheries Resources (IFR),
a non-profit, research, restoration, and educational organization affiliated
with the Pacific Coast Federation of Fishermen's Associations (PCFFA),
has received a grant to help support sustainable fisheries efforts by
commercial fishing men and women in California. IFR is now hiring a
Central region (Sonoma County to San Luis Obispo County) organizer to
work with another organizer in the region. The person selected will receive
compensation for organizing commercial fishing communities around:
Marine Life Management Act implementation and other California marine
fisheries conservation and management issues; federal fisheries
management issues; habitat and ecosystem protection; strengthening
existing, or helping develop new commercial fisheries organizations
interested in sustainable fisheries; and outreach to other individuals and
groups interested in the marine environment and fisheries. These positions
are independent contractors, not employees. The qualified candidates will
have good organizational and communication skills, and relevant
experience with California fisheries issues (particularly from the
perspective of the owner/operator, fishing family based small-boat
commercial fisheries).

Applicants must be nominated by at least one established commercial
fishing organization within the same region as the position applied for,
together with nominations from not less than two other individuals
engaged in commercial fish harvesting in the region the application is
being applied for. Nominating organizations should be prepared to help
ensure that the funding is put to the best use for that region. Applications
must be sent by 15 January 2001. Applications should also include a letter
of interest from the applicant(s) - including some suggestions for priorities
in that region, a resume, and the names and contact information for three
references. Persons with a background in commercial fish harvesting, in
particular, are encouraged to apply. Applications should be directed to:
Sustainable Fisheries Organizer Position, Institute for Fisheries Resources,
P.O. Box 29196, San Francisco, CA 94129.

LAST MINUTE BUDGET FIGHT: A rider inserted in one of the last
remaining federal budget bills by Alaska Senator Ted Stevens exempting
Steller sea lions from the Endangered Species Act drew a veto threat from
the White House, threatening to derail the whole remaining federal budget.
Under pressure from colleagues in the closing hours of the 106th Congress,
Stevens agreed to compromise language requiring a phase in of protection
measures in such a way as to protect the small boat fleet and processing
industry to the extent possible but without ESA waivers. The final rider
also prevents reduction of the total allowable catch of the fishery by more
than 10 percent, authorized $20 million for a pilot program to control orca
whales (which Stevens believes are the real culprit), and another $30 for
direct payments to individuals and business affected by recent emergency
closures. The 1 December 2000 Biological Opinion can now be
implemented without an ESA waiver. ESA waivers were strongly opposed
by many organizations (see PCFFA's statement at:
http://www.pond.net/~pcffa/stelerst.htm and also Sublegals 2:21/02).

NEWS, COMMENTS, CORRECTIONS: Submit your news items,
comments or any corrections to Natasha Benjamin, 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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