VOL 1, NO.7 February 18, 2000
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FISHING AND ENVIRONMENTAL COALITION SUES TO
OVERTURN NMFS BI-OP ON COLUMBIA RIVER DREDGING:
American Rivers, PCFFA and IFR were among the plaintiffs in a
U.S.
Federal District suit filed in Seattle on 15 February to overturn the
National Marine Fisheries Service's (NMFS) Biological Opinion
giving
approval to a major dredging of the lower Columbia River estuary.
The
Army Corps of Engineers' dredging plan threatens 13 stocks of
ESA-listed salmon as well as the Northwest's most productive
Dungeness
crab nursery. The dredging program has been vigorously opposed
by the
Port of Astoria, Salmon for All, and both salmon and crab
fishermen.
Plaintiffs are being represented by Earthjustice Legal Defense
Fund.
For more information, contact Todd True, Esq., of the Seattle
Earthjustice office at (206) 343-7340 or look up the case by visiting
American Rivers' website at: <http://www.amrivers.org>.
An earlier suit by fishermen was successful in halting Corps'
plans for
dredging in the Columbia and then dumping dredge spoils in crab
grounds off the mouth of the river. That litigation was filed by the
Columbia River Crab Fishermen's Association and PCFFA, who
were
represented by Earthjustice. The first suit by fishing groups to halt
the at-sea disposal of dredge spoils in fishing grounds was filed in
1988 by the Half Moon Bay Fishermen's Marketing Association
and PCFFA.
This successful action resulted in the creation of the nation's first
deepwater dredge disposal site and the use of dredge materials to
create bay wetlands.
NMFS DESIGNATES SALMON CRITICAL HABITAT: In response
to numerous lawsuits dating back to 1995, NMFS has finally
designated
"critical habitat" under the Endangered Species Act (ESA) for 19
Evolutionary Significant Units (ESUs) of chinook, coho, chum,
sockeye
and steelhead in California, Oregon, Washington and Idaho. The
areas
designated represent the current freshwater and estuarine ranges of
these species up to naturally occurring passage barriers, with
certain
limitations. Designation was published in the 16 February Federal
Register (Vol. 65, No.32, pp.7764-7788) and is available online (in
PDF format) at:
<http://www.nwr.noaa.gov/1salmon/salmesa/fedreg.htm>.
The rule becomes effective on 17 March. Critical habitat
designation
provides some protection on federal lands and for federally funded
projects, but little or no protection on private lands.
REPRESENTATION NEEDED ON TMDL ADVISORY PANEL:
Under legislation passed last year (AB 982), the California State
Water Resources Control Board (SWRCB) is required to form a
TMDL
(Total Maximum Daily Loading) advisory panel to report to the
Board on
the effectiveness of the state's TMDL program and associated
surface
water quality monitoring programs. The SWRCB has to report to
the
Legislature on these issues in November, and annually until 2002.
Representation is needed from northern and central California.
Interested fishing groups should contact Linda Sheehan at:
<lsheehan at cacmc.org>.
DAM BUSTERS: The impacts of the countless dams that went
up in the
early part of the twentieth century, on fish and habitat and on
fishing communities and economies has been unrivaled in any other
industry. The actual worth of many of these structures is minuscule
in
comparison to the costs of their impacts. These factors combined
have
brought the issue of what to do with these structures to the front of
many people's minds and agendas recently. In Washington State
this
week a heated battle rages at public hearings on the potential
breaching of four lower Snake River Dams. Also in Washington this
week, Interior Secretary Bruce Babbitt celebrated the purchase of
two
dams on the Elwah River. This is the first step towards restoration
of
salmon runs that are presently at approximately one percent of their
historical numbers. Babbitt also made the bold statement that all
federal dams should undergo the same periodic full-scale review of
operations, benefits, and environmental impacts that privately
owned
dams are subjected to (this review process was key in the
decommissioning of the two Elwah dams).
In California this week two bills were introduced in the State
Legislature aimed at modifying or removing old or antiquated dams
or
improving dam operations to protect and rebuild fish populations.
State Senator Byron Sher introduced SB 1540 that would require
the
State Resources Agency to draw up a list of dams by 1 January
2002,
that could be demolished to help the recovery of endangered
salmon and
steelhead. The bill excludes dams belonging to the federal Central
Valley Project (CVP) and State Water Project (SWP) and is
focused
primarily on small dams that are silted up, abandoned or in
disrepair,
and where there is little or no opposition to removal. In the
California Legislature's other house, Assemblyman Fred Keeley
introduced AB 1956, a bill urged by PCFFA, to establish a state
authority to purchase Pacific Gas & Electric's hydropower facilities,
which are planned for deregulation and sale at auction, "clean them
up" (which may include dam modification or removal) and sell the
facilities back into the private sector within six years. Because of
federal preemption, State purchase of the facilities is the only way
of assuring this massive complex of hydro-generating facilities will
be operated for the public benefit for water delivery, for fish, for
consumers. In addition to PCFFA, Keeley's measure (the
"Consumer's
Energy & Environmental Security Authority"), is supported by the
Metropolitan Water District of Southern California, the Sierra Club,
TURN (a utility consumer organization), East Bay Municipal Utility
District, Consumers Union and Environmental Defense. For more
information on SB 1540, contact Senator Byron Sher's office at
(916)
445-6747; for more information on the Keeley measure (AB 1956)
you
should see the Legislative news story at:
http://democrats.assembly.ca.gov/english/featurestory/20000222-
603.htm
NEW IRS PUBLICATION FOR FISHERMEN: The New England
District Office of the Internal Revenue Service (IRS) publishes a
"Fishing Information Newsletter" geared to answering the tax
questions
of commercial fishermen. The publication, soon to go national, is a
handy guide for fishermen in navigating the backwaters of the
federal
tax code to save themselves some money. For a subscription
contact:
William E. Haas, IRS Fishing Project Coordinator, 324 Harlow
Street,
Bangor, ME 04401, (207) 990-0645 or e-mail at:
<fishing.assistance at m1.irs.gov>.
COMMENT PERIOD ON 4(d) RULES EXTENDED, CALIFORNIA
STEELHEAD LISTED: NMFS has announced an extension for the
comment period on proposed rules governing the take of seven
endangered species of Pacific chinook, chum, coho, sockeye
salmon and
steelhead. Written comments are due on 6 March. NMFS will
also be
holding additional public hearings on these rules. For more
information on hearing dates and on the rules themselves go to
<http://www.nwr.noaa.gov> or call (503) 231-2005. The federal
fishery
agency has also announced it will list under the ESA the northern
California ESU for steelhead following the State of California's
failure to develop new timber harvest rules, and other land use
regulations to protect these anadromous trout.
WATER METERING VICTORY IN WASHINGTON STATE:
Thurston County Superior Court Judge Richard Hicks ruled 14
February
in favor of plaintiffs in a lawsuit to require the Washington
Department of Ecology to implement a 1993 statute requiring the
metering of water diversions in the state. In his ruling, the Judge
held that metering "is a necessary step to bring us out of the dark
and into the light" as the state deals with "this most precious
resource." The statute requiring the metering is a necessary part of
a broader effort to protect instream water flows in salmon-bearing
streams, but state officials have long refused to implement the
statute. "Any serious salmon recovery plan must start with the
state
fully enforcing its own water metering laws," said PCFFA's
Northwest
Regional Director, Glen Spain. PCFFA and IFR were among the
co-plaintiffs. For additional information, contact Earthjustice Legal
Defense Fund at (206) 343-7340.
CALIFORNIA LEGISLATIVE FISHERIES FORUM SET FOR 1
MARCH: The agenda for the California Legislature's 28th Annual
Fisheries Forum has been released; the all-day event is scheduled
for
Wednesday, the first, at the State Capitol in Sacramento. For more
information, contact Mary Morgan with the Joint Committee on
Fisheries
& Aquaculture at: <mary.morgan at asm.ca.gov> . The IFR Board of
Directors will also meet the day prior to the Forum aboard the Delta
King, and the PCFFA Board of Directors will also be meeting in
Sacramento on 29 February and 2 March. For more information call
PCFFA at (415)561-5080.
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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Dean Staff Kanata On. Canada
dstaff at home.com
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