[acn-l] ~~>FISHLINK SUBLEGALS 1/12/01<~~ (fwd)

PETER.UNMACK at asu.edu
Fri, 19 Jan 2001 09:21:40 -0700 (MST)

From: FISH1IFR at aol.com
Date: Thu, 18 Jan 2001 16:50:34 EST
Subject: ~~>FISHLINK SUBLEGALS 1/12/01<~~
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

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~~>FISHLINK SUBLEGALS 1/12/01<~~
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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. 2 12 JANUARY 2001
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3:02/01. FERC TO CONSIDER 'STREAMLINING' DAM
LICENSING, HYDRO INDUSTRY PUSHING TO ELIMINATE
FISH PROTECTIONS: In accordance with directions from the 106th
Congress, the Federal Energy Regulatory Commission (FERC) -- the
U.S. agency responsible for regulating all private hydropower dams --
will hold a series of public meetings around the country, from 8-18
January, as it prepares a report to Congress outlining ways to "reduce
the cost and time of obtaining a [hydropower dam] license." The vast
majority of the nation's hydropower dams, many of them highly
destructive of river resources, must be relicenced by FERC within the
next two decades. The hydropower industry has long chaffed at current
requirements that fish and wildlife needs require equal consideration
with power production, and in fact helped draft bills in the 106th
Congress (H.R. 2335 and S. 740) that would have "streamlined" the
licensing process at the expense of fish and wildlife protections. The
industry and some members of Congress have also sought to eliminate
the National Marine Fisheries Service's (NMFS) and US Fish &
Wildlife Services's (USFWS) independent review authority over dam
relicening when a dam affects species listed under the Endangered
Species Act (ESA). One industry "streamlining" proposal has long been
to carve out ESA exemptions for relicensing by stripping ESA trustee
agencies of that ESA co-jurisdiction. FERC's report is expected to play
a role in the incoming Bush Administration's efforts to craft a national
energy policy and to influence Congress in that debate.

The only west coast FERC meetings will be: 17 January in Portland
(Airport Holiday Inn, 8439 N.E. Columbia, Portland, OR (503)256-
5000) and; 18 January in Sacramento (Vagabond Executive Inn, 2030
Arden Way, Sacramento, CA (916)929-5600), both meetings
commencing at 0900. FERC will also be accepting written comments
until 1 February 2001. For more information on this process see:
http://www.ferc.fed.us/hydro/docs/section603.htm. For more
information on the FERC relicensing process generally and the need for
fish and wildlife protections in that process contact: Matt Sicchio,
Coordinator, Hydropower Reform Coalition, American Rivers,
msicchio at amrivers.org, (202)347-7550 x3021 or Brett Swift,
Associate Director of NW Hydropower Programs,
bswift at amrivers.org, (503)295-0490.

3:02/02. PUGET SOUND ENERGY CAUGHT REDD-
HANDED: The Associated Press (AP) reported today, 12 January, that
eight environmental groups led by Washington Trout are threatening to
sue Puget Sound Energy, Washington state's largest investor-owned
utility, for harming federally protected salmon and trout. An estimated
250-300 chinook salmon redds on the Baker and Skagit rivers were
damaged when flows were lowered in late November. In addition, the
corpses of bull trout and chinook were found following maintenance of
a Puget Sound Energy facility in September. While the energy
company blames the low flows on a peculiarly dry fall and winter, it is
thought that increased energy was being produced for sale to
California. Water is currently being released to maintain moisture on
the redds.

3:02/03. PCFFA JOINS PETITION ON BEHALF OF
WASHINGTON DEPARTMENT OF FISH & WILDLIFE
PERSONNEL DEMANDING BETTER ENFORCEMENT OF
WATER LAWS: On 10 January, Public Employees for Environmental
Responsibility (PEER) filed a petition for emergency relief on behalf of
many of Washington Department of Fish & Wildlife's (WDFW) rank
and file habitat biologists and other employees who allege Department
higher-ups and public officials have systematically understaffed,
underfunded and interfered with enforcement obligations of the
Department staff that are required under the state's water and riparian
protection laws, thus contributing to rapid declines in the state's fish
populations. The petition also cites numerous specific instances of
political interference with the Department's enforcement efforts,
including politically motivated reversals of its science-based decision
making process.




The Petition was filed with various state agencies, Washington
legislative committees and the National Marine Fisheries Service
(NMFS) in an effort to spotlight the agency's inadequate enforcement
practices and assist agency employees in making much needed reforms.
"As long as the Washington Department of Fish & Wildlife fails to
implement the law, the salmon recovery effort in that state is a farce,"
stated Washington PEER Director Lea Mitchell. The Petition calls for
specific remedies, and if these actions are not taken lays out a broad
basis for legal action to enforce compliance through the courts. Joining
the petition in addition to PCFFA, are Washington Trout and the
Institute for Fisheries Resources. For more information contact Lea
Mitchell, Washington PEER, (360) 528-2110. For more information
about PEER see: http://peer.org.

3:02/04. US SUPREME COURT TO RULE ON
CONFIDENTIALITY OF TRIBAL WATER RIGHTS. The
Associated Press (AP) reported on10 January that the United States
Supreme Court is expected to rule Wednesday, 17 January, on whether
records of water allocation between the federal government and Indian
tribes are confidential documents and therefore are not subject to public
disclosure laws. The parties interested in the records are irrigation
farmers who insist that the government's handling of water rights in the
west is a matter in which the public has a vested interest and a right to
all information pertaining to the cases. The tribes contend that their
relationship with the federal government is one mirroring that of
attorney-client privilege due to the fact that federal agencies are legally
bound as Trustees to protect a reservation's natural resources under an
1864 treaty. Tribal lawyers say that if the documents were to be
released the tribes would be forced to, "not communicate with their
fiduciary or communicate knowing that sensitive documents will be
subject to disclosure. Either way, meaningful trusteeship is defeated."
The litigation began in 1996 when the Klamath Users Protection
Association requested the documents under the Freedom of Information
Act (FOIA). After a decision was handed down by a federal judge in
favor of the tribes, the Ninth Circuit Court of Appeals in San Francisco
overturned the ruling before the case came before the Supreme court.
Fishery interests are paying keen attention to this case, since tribal
water rights could help to restore the fish populations of this basin,
which include salmon harvested offshore northern California and
Oregon.

3:02/05. KLAMATH BASIN SYMPOSIUM: Humboldt State
University at Arcata, California will host on 22-25 May, the "Klamath
Basin Fish & Wildlife Management Symposium" looking at this
northern California, southern Oregon watershed. The symposium will
focus on four themes: 1) the statutory, regulatory and policy influences
in the basin; 2) scientific contributions on understanding the ecological
processes in the basin; 3) fish and wildlife restoration and enhancement
activities; and 4) social, community and cultural influences in the basin.
For more information on the symposium, call (707) 826-3731 or go to
the website at:
http://www.humboldt.edu/~extended/klamath/index.html.

3:02/06. ROD ISSUED ON CVPIA IMPLEMENTATION. On 10
January, the Department of Interior's Bureau of Reclamation (BOR) and
U.S. Fish & Wildlife Service (USFWS) released the Record of Decision
(ROD) on the long-term implementation of the federal Central Valley
Project Improvement Act (CVPIA). The 1992 law was aimed at
reforming the way the west's largest federal reclamation project is
operated, including provisions to make fish and wildlife protection a
project purpose and to double the natural spawning anadromous fish
populations of California's Central Valley river system. The most
controversial aspect of the ROD on CVPIA implementation is the long-
term renewal of CVP contracts for 25 years. Other provisions of the ROD
include:

* Implementation of the Anadromous Fish Restoration Program
("fish doubling").
* Dedication of 800,000 acre-feet of CVP water for fish and wildlife
restoration.
* Implementation of tiered pricing and water measurement
requirements.
* Provision of firm water supplies to wildlife refuges and wetland
management areas.
* Implementation of a Habitat Restoration Program fro other fish
and wildlife affected by the CVP.

The ROD and the actions outlined above grew out of the October 1999
Final Programatic Environmental Impact Statement (PEIS) for the
CVPIA. According to Interior, the ROD is expected to provide a
foundation for the federal role in the long-term CALFED Bay-Delta
Restoration Program and other partnership plans such as the Vernalis
Adaptive Management Plan (VAMP). For more information, call Patricia
Foulk at (916) 414-6566.

3:02/07. CONSTRUCTION TO BEGIN ON TRACY PUMPS
FISH FACILITY: The U.S. Bureau of Reclamation (BOR) has
announced it will begin construction in the middle of January, 2001 of an
$80 million Tracy Fish Test Facility to develop and demonstrate new fish
collection technologies at its Tracy Pumping Facility unit of the Central
Valley Project, located near the town of Tracy on the Sacramento-San
Joaquin Delta. The massive state and federal pumps on the Delta have
been a major source of downstream migrating juvenile salmon mortality
and were the reason trucking programs of hatchery fish around those
facilities were used to try to increase fish survival. In recent years
restrictions have been imposed on the pumps because of their impact on
Endangered Species Act (ESA) listed natural spawning salmon runs.
According to BOR, "new fish diversion and collection facilities are
needed to meet environmental requirements to ensure water deliveries to
farms and cities from the Delta-Mendota Canal and California Aqueduct."
Construction is scheduled for completion by fall of 2003. For more
information, go to: www.mp.usbr.gov/tftf.

3:02/08. NORTHWEST AGRICULTURAL DIRECTOR DOES
"CHICKEN LITTLE" OVER 4(d) RULE TO PROTECT SALMON:
On Monday 4 January, the provision of the Endangered Species Act
(ESA) that renders illegal any "take" of protected salmon and sets fines
for these violations, known as the 4(d) Rule, was officially enacted along
the west coast. The 4(d) Rule defines "take" as any killing or harming of
salmon or destruction of important salmonid habitat. Twenty-four salmon
and steelhead populations along the west coast are currently listed as
threatened under the ESA. In a 10 January Associated Press (AP) article,
Washington State's Agricultural Director, Jim Jeserning, alleged that the
implementation of the rule will lead to an onslaught of litigation.
Jeserning described it as "litigation Armageddon." Conservation and
fishing groups are expected to sue in order to enforce the rule which will
lead to tighter regulation of stream buffer widths, protecting streams from
pesticide runoff and animal use, as well as for increased flows to improve
habitat.

3:02/09. SUISUN DREDGE SPOILS DISPUTE: The Suisun Marsh
in the San Francisco Bay-Delta estuary will soon become the first
wetlands "restoration" in California to use contaminated harbor dredge
spoils not otherwise suitable for aquatic disposal, if the California State
Lands Commission grants port development permits at its 5 February
hearing and if the San Francisco Bay Conservation & Development
Commission (BCDC) gives its final stamp of approval to the project. A
number of politicians, developers and port officials are supporting the
highly experimental Montezuma Wetlands Project designed by Levine-
Fricke, an environmental consulting firm. Solano County has agreed to
re-zone all 57,000 acres of the Suisun Marshes to accommodate the
"restoration" as well as a dredge processing and re-sale facility. On the
Pacific Flyway, Suisun's mixing zone of Pacific, Sacramento and San
Joaquin River waters provides a critical nursery areas for over 120 fish
species, which opponents fear will be threatened by toxic wastes
interlaced in the dredge spoils proposed to be used. As a result of
litigation brought by the Half Moon Bay Fishermen's Marketing
Association, PCFFA and others in 1988, dredge materials from San
Francisco Bay must now either be disposed of in a deep water spoils site
in over 1000 fathoms, 50 miles west of the Golden Gate or used in the Bay
and Delta for wetland and other restoration projects. For more
information, call (510) 658-4267 or visit:
http://www.baeforum.org/articles.html. For information on the California
State Lands Commission information see: http://www.slc.ca.gov.

For those wanting information on dredging and spoils disposal issues
in the Pacific Northwest, Fishing Forum put out a special report on 14
December 2000, titled "Columbia River Dredging" with articles and web
links. For more information and to request a copy, contact:
FishingForum at egroups.com .

3:02/10. SYMPOSIUM ON BALANCING SAN FRANCISCO
BAY-DELTA WATER QUALITY WITH DEVELOPMENT: The San
Francisco Estuary Projects and other San Francisco Bay Area
governments are sponsoring "Turning the Tide: Balancing New
Development and Clean Waters Symposium" that will be held Tuesday,
23 January at the Oakland Museum, 1000 Oak Street, Oakland, California.
The session is to address the current California economic and building
boom and its impact on water quality and the nature of creeks and
wetlands in the San Francisco Bay Area. San Francisco Bay is the
gateway from the Pacific to the Sierras of the west coast's major king
salmon run, it historically was the largest nursery on the west coast for
Dungeness crab and supports the largest herring roe fishery south of
British Columbia.

Author Gray Brechin (Farwell Pomised Land: Walking from the
California Dream, and Imperial San Francisco: Urban Power, Earthly
Ruin) will be the keynote speaker. The cost is $95.00 ($45.00 for non-
profits). For more information, go to:
http://www.abag.ca.gov/events/turningthetide.

3:02/11. DEPARTMENT OF COMMERCE AGENCY OFFERS
GOVERNMENT SUBSIDIES FOR AQUACULTURE: The U.S.
Department of Commerce's Office of Oceanic & Atmospheric Research
(OAR), through a process that includes other Commerce agencies,
including the National Sea Grant College Program, National Marine
Fisheries Service (NMFS), and the National Ocean Service (NOS), is
soliciting proposals for U.S. Government subsidies to marine aquaculture.
OAR will hold an open competition for up to $5 million per year for two
years (pending available funds), with individual projects up to $500,000
per year. The areas of priority include innovative research, demonstration,
policy and regulatory analysis, education/outreach, financial support, and
regional and issue coordination for the development of marine aquaculture
in the United States. Further details of the RFP can be found in the formal
announcement published in the Federal Register. Preliminary proposals
must be received in the Office of Oceanic & Atmospheric Research by 20
February, and full proposals by 1 May. Preliminary proposal selection and
notification will occur by 9 March, proposal selection will occur by 10
June, and grant start dates will be 1 September 2001. For more
information, contact: James P. McVey, National Marine Aquaculture
Initiative Coordinator, or Mary Robinson, Secretary, National Sea Grant
Office, (301) 713-2451.

3:02/12. US GOVERNMENT UPSET WITH CHILEAN BAN ON
IMPORTATION OF SALMON EGGS: WorldCatch News Network
reported on 12 January, that the U.S. Government is upset with Chile's
ban on imported salmon eggs to supply that nation's massive farm salmon
operations. The U.S. may feel justified in its criticism, since it helped
establish the government of General Augusto Pinochet in 1973 under
whose regime the salmon farms were started in this southern hemisphere
country with the help of U.S. aid, technology and salmon eggs. Since
December 1999, the Government of Chile has placed increasingly
restrictive requirements on imports of fertilized salmonid eggs from the
U.S. and other foreign suppliers due to concerns about Infectious
Salmonid Anemia (ISA). Chile's initial action was apparently due to news
it had received of ISA outbreaks in other salmon-producing countries.
However, Chile has since added additional diseases listed by the Office of
International Epizootics (OIE).

The requirements applied to salmonid egg imports became even more
restrictive in July 2000 with the publication of a new rule, followed by an
"import protocol" issued in October which required a trade-blocking 120-
day quarantine period once the eggs arrived in Chile. After complaints
from many supplier countries, including the U.S., Chile modified the
protocol in mid-December, but continued to require a quarantine, albeit
shorter, and testing for all the OIE salmonid diseases. The U.S. and other
foreign governments continue to be concerned that the modified protocol
still effectively blocks imports. Efforts are ongoing to convince Chile that
the new requirements are not scientifically justified and are in conflict
with the provisions of the Sanitary Phytosanitary (SPS) Agreement under
the World Trade Organization (WTO). In the case of the U.S., there has
never been a documented case of ISA, and the U.S. has effective
monitoring and control programs to detect and prevent the spread of
aquatic diseases.

Chile's total imports of salmonid eggs in 1999 were valued at $8.65
million and supplied by (in US$ millions): Ireland (2.77); Norway (2.0),
Denmark (1.11), Britain (1.05), U.S. (1.01), Iceland (0.44), Sweden (0.16),
Canada (0.01) and Finland (0.004). The U.S. market share was
approximately 12 percent. Under the new rules, all trade came to a halt,
while the Chilean government is encouraging expansion of domestic
production. Total salmonid egg imports in 1999 were 109.8 million, of
which 60 percent were Atlantic, 39 percent Trout and 1.3 percent coho.
Combining domestic and imported salmonid eggs, total utilization in 1999
was 368.5 million of which 30 percent were imported. According to the
Chilean salmon industry, Chile is directing its energies toward self-
sufficiency in salmonid egg production, as evidenced by the near-
complete displacement of oho egg imports. The Chilean Subsecretariat of
Fisheries is encouraging it to invest in additional capacity and
infrastructure in order to increasingly supplant salmonid egg imports. For
more information, go to: www.worldcatch.com.

3:02/13. SQUID AND COASTAL PELAGICS MEETINGS: The
California Department of Fish & Game (CDFG) has announced two
public meetings to discuss possible squid management options. The first
will be held on 26 January from 1830-2130 HRS at the Port Hueneme
Harbor District Office Conference Room, 333 Ponoma Street in Port
Hueneme and a second for 27 January, from 1500-1800 HRS at the
Monterey City Hall Council Chambers, Pacific and Madison Streets in
Monterey. For more information, call (805) 568-1231 or go to the
Department's website at: www.dfg.ca.gov .

The Pacific Fishery Management Council (PFMC) has announced its
Coastal Pelagic Species Management Team and Coastal Pelagic Species
Advisory Committee will hold public work sessions from 30 January to
1 February at the National Marine Fisheries Service's Southwest Fisheries
Center, 8604 La Jolla Shores Drive, La Jolla, California. The purpose of
the meeting it to continue work on several capacity-related issued in the
coastal pelagic species (CPS) limited entry fishery. For more information,
call the PFMC at (503) 326-6352 or go to the Council's website at:
http://www.pcouncil.org .

3:02/14. IRS FISHERIES NEWSLETTER: For those who are not
aware of it or not on the mailing list, the U.S. Internal Revenue Service
(IRS) publishes monthly its Fishing Information Newsletter for the fishing
industry. For more information, or to subscribe, call (651) 312-7898 or
e-mail: Fishing.assistance at irs.gov.

3:02/15. FISHERMEN AND SCIENCE - WEBSITES,
CONFERENCES, ARTICLES: The National Fisheries Conservation
Center (NFCC) is currently hosting an online discussion on cooperative
studies and is seeking input from fishing men and women on their
thoughts on involving the fishing industry in data collection and research?
For example, what types of data are needed that could be collected by
fishermen at sea? Log on to www.nfcc-fisheries.org to access background
information on the issue and to read opinion pieces submitted by
fishermen, scientists, academics and environmentalists who have
experience with cooperative studies. Individuals may add their voice to
the mix by visiting the NFCC dialogue center or sending suggestions
to: nfcc at nfcc-fisheries.org.

The January issue of Commercial Fisheries News (p.11A) reports that
a new website has been established to connect fishermen and scientists.
On the site, fishing men and women will be albe to advise of their
availability to participate in cooperative research projects by entering
basic information on themselves and their vessels. The information is
then added to a registry that scientists can use to find commercial fishing
vessels and fishermen available for collaborative stock assessment and
fishery research projects. To check the website, go to:
www.fishresearch.org .

The October issue of Australia's Fisheries Research & Development
Corporation (FRDC) newsletter, "R&D News" (p. 26) reports that funding
is being sought for national training and accreditation schemes for
commercial fishermen interested in collecting scientific data. Seafood
Training Australia will develop a package it is funding and the proposal
is approved by that nation's National Training Authority. For more
information, e-mail the Fisheries Research & Development Corporation
at: frdc at frdc.com.au .

As reported earlier in Sublegals, there will be a conference on 27-30
August in Vancouver, at the University of British Columbia's Fisheries
Centre, titled "Putting Fishers' Knowledge to Work" to discuss the use of
local knowledge and fishing practices of traditional and industrial
fishermen in the management of fisheries and other marine resources. For
more information on the conference, contact Nigel Haggan at:
n.haggan at fisheries.ubc.ca or visit: http://www.fisheries.ubc.ca . Finally,
in the January, 2001 issue of The Fishermen's News is an article by IFR's
Natasha Benjamin and PCFFA's Zeke Grader about fishermen
involvement in collaborative scientific research. For more information,
go to the PCFFA's Fishermen's News Archive website from:
www.pcffa.org .

3:02/16. OCEAN SCIENCE EDUCATION ON-LINE: The
University of California's Sea Grant College Program has announced the
establishment of "The Bridge" ( www.vims.edu/bridge ), a clearinghouse
of ocean science education sites available on-line. Though designed
primarily with teachers in mind, students, fishermen and the public may
find The Bridge useful for information on marine science topics, regional
links, and student opportunities. For more information, go to:
http://www.csgc.ucsd.edu/ .

3:02/17. 27th ANNUAL EAST COAST FISHERMEN'S TRADE
EXPOSITION: The Maryland Watermen's Association is sponsoring the
"27th Annual East Coast Commercial Fishermen's & Aquaculture Trade
Exposition" on 2-4 February at the Ocean City Convention Center in
Ocean City, Maryland. For more information, call (410) 269-6622.

3:02/18. FISHING VESSEL SAFETY MEETING: The Central
California Commercial Fishing Vessel Safety Group will meet 26 January,
beginning at 1000 HRS at Coast Guard Group San Francisco, Yerba
Buena Island on San Francisco Bay. The meeting is to review the
separation agreement between trawlers and crabbers, buoys, fishing
regulation education, and accident rates in the fishing fleet. For more
information on this public meeting, e-mail Commander John Schmill at:
jscm27 at pdqnet.com.

NOTE: BOTH PCFFA AND IFR NOW HAVE NEW DOMAIN
NAMES: PCFFA's is: www.pcffa.org and IFR's is: www.ifrfish.org. All
old links will still work, but please adjust your browser's to point to these
new web site home pages. Thanks!

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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