[acn-l] ~~>FISHLINK SUBLEGALS 5/4/01<~~ (fwd)

PETER.UNMACK at asu.edu
Wed, 09 May 2001 20:33:47 -0700 (MST)

From: FISH1IFR at aol.com
Date: Wed, 9 May 2001 17:33:36 EDT
Subject: ~~>FISHLINK SUBLEGALS 5/4/01<~~
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

<<>><<>><<>><<>><<>><<>><<>><<>><<>><<>><<>><<>>><<
~~>FISHLINK SUBLEGALS 5/4/01<~~
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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. 18 4 MAY 2001
<<>><<>><<>><<>><<>><<>><<>><<>><<>><<>><<>><<>>><<
In This Issue...

FISHING AND CONSERVATION GROUPS SUE TO IMPROVE
COLUMBIA RIVER RECOVERY PLAN. See 3:18/01

US EPA DOCUMENTS SHOW MANY PESTICIDES IN RIVERS AT
LEVELS HARMFUL TO SALMON. See 3:18/02

FEDERAL CLAIMS COURT RULES THAT FEDS MUST PAY FOR
IRRIGATION WATER USED FOR ESA FISH PROTECTIONS. See
3:18/03

US SENATE HEARS TESTIMONY ON IFQs. See 3:18/08

CALIFORNIA FISH & GAME COMMISSION TO MEET IN SANTA
CRUZ. See 3:18/10

And More...
*********************************************************
3:18/01. FISHING AND CONSERVATION GROUPS SUE
TO IMPROVE COLUMBIA RIVER RECOVERY PLAN: On 3
May, a broad coalition of commercial fishing, sportfishing, trade
associations and conservation groups filed suit against the National
Marine Fisheries Service (NMFS) asking for court review for what they
called gross inadequacies and reliance on failing programs in NMFS'
Columbia River Biological Opinion (BiOp). The BiOp, adopted
December of 2000, is intended to guide Columbia and Snake River
efforts to restore 12 major endangered or threatened salmon and
steelhead runs and is now the basis for the federal salmon recovery plan
in the basin. The BiOp has been criticized, however, for overly
optimistic assumptions for recovery, reliance on voluntary and
inherently uncertain future actions and greatly underestimating likely
damage to salmon from the continuance of aggressive programs to
capture juvenile salmon from the river and barge or truck them around
the eight federal power dams. The BiOp also allows the Bonneville
Power Administration (BPA), the agency which administers the federal
hydropower system, to completely exempt itself from all salmon
protection requirements whenever at its sole discretion it declares a
'power emergency,' which BPA has done twice this season for largely
financial rather than immediate power need reasons (Sublegals 3:14/04,
3:15/10). Another problem with the BiOp, according to the complaint,
is that it defines 'salmon survival' as just one adult salmon returning to
spawn over an entire salmon generation, a threshold that clearly will
lead to extinction. Additionally, the groups criticize the Bush
administration for failing to include the additional funds necessary to
implement the BiOp's actual measures, some of which will clearly
benefit salmon. If the recovery plan is not fully funded by the
Administration, this alone guarantees that it will fail.

The case, National Wildlife Federation, et. al. vs. NMFS, was
brought in the US Federal District Court, District of Oregon (No. CV-
03-01-640-JE). For more information on the suit and its implications
see the 4 May Oregonian at: http://www.oregonlive.com/printer2.ssf?/
environment/oregonian/lc_61nmfs04.frame. See also the 4 May Register
Guard at:http://www.registerguard.com/news/20010504/
1d.cr.salmonsuit.0504.html.

Copies of pleadings can be found by case number from the Court's web
site at: http://ord.uscourts.gov. Plaintiffs include PCFFA, IFR, Salmon
for All, Trout Unlimited, Idaho Salmon & Steelhead United, and the
Northwest Sportfishing Industry Association as well as the Sierra Club,
Friends of the Earth and the National Wildlife Federation, among others.
The Plaintiffs are represented by Earthjustice Legal Defense Fund.

3:18/02. US EPA DOCUMENTS SHOW MANY PESTICIDES
IN RIVERS AT LEVELS HARMFUL TO SALMON: As part of
their ongoing suit requiring the US Environmental Protection Agency
(EPA) to consult under the Endangered Species Act (ESA) with the
National Marine Fisheries Service (NMFS) in order to minimize the
impact of pesticides on endangered salmon (see Sublegals 3:05/02), the
Northwest Coalition for Alternatives to Pesticides (NCAP), Washington
Toxics Coalition, PCFFA and IFR will submit documents on 7 May
from EPA's own files showing that at least 48 commonly used or
frequently detected pesticides now occur in west coast rivers at levels
well above the aquatic life criteria maximums allowed by law. Many of
these pesticides are known to cause behavioral or reproductive problems
in salmon and steelhead and may contribute to their declines in many
streams. So far, however, the US EPA has neither consulted with
NMFS on ways to reduce these exposures nor taken any action itself to
limit their entry into waterways. Most are prevalent in both agricultural
and household uses.

The plaintiffs are asking the U.S. District Court in Seattle to order the
EPA to consult with NMFS on these and other pesticides in its motion
for summary judgment. The suit follows the release of recent studies by
the National Marine Fisheries Service (NMFS) indicating pesticides
may severely impact salmon survival even at very low exposure levels if
those exposures continue over time. U.S. Geologic Survey's (USGS)
sampling has also detected 73 pesticides in Northwest and California
waterways, thirteen above criteria set to protect aquatic life. In
California, some two million pounds of pesticides are used annually by
agriculture, most of it in the Central Valley where it can affect
endangered Sacramento-San Joaquin salmon runs. In 2000, IFR, NCAP
and others co-published a scientific summary of the recent research
showing long-term and chronic pesticide impacts on salmon which is on
the web at: http://www.pond.net/~fish1ifr/salpest.htm. A copy of the
press release on the filing and a chart of the pesticides in question can be
found at NCAP's web site at: http://www.pesticide.org. For more
information contact NCAP, Aimee Code (541)344-5044 x 27 or Erika
Schreder of Washington Toxics Coalition at: (206)632-1545 x 19.

On 2 May, more than 30 pesticide industry and agri-business trade
associations petitioned the Court to intervene in the case, apparently
fearing additional restrictions on pesticides might be imposed to protect
ESA-listed salmon, including the American Crop Protection Assn.,
Agriculture & Fertilizers Assn., the Oregon and Washington State Farm
Bureau Federations, Far West Agribusiness Assn., American Forest
Resources Council, Oregon Forest Industries Council and the California
Agricultural Aircraft Assn., to name but a few. The case is Washington
Toxics Coalition, et. al. vs. Environmental Protection Agency, US
District Court, Western District of Washington at Seattle (No. C01-0132
C). Court docket documents are available from the Court at:
http://www.wawd.uscourts.gov.

3:18/03. FEDERAL CLAIMS COURT RULES THAT FEDS
MUST PAY FOR IRRIGATION WATER USED FOR ESA FISH
PROTECTIONS: On 30 April, US Federal Claims Court ruled in favor
of several California water districts from Kern and Tulare counties in a
much watched water 'takings' suit against the National Marine Fisheries
Service (NMFS) and the US Fish & Wildlife Service (USFWS). Claims
Court Judge John Wiese held in Tulare Lake Basin Water Storage District
vs. US (No. 98-101L) that state water contracts are equivalent to private
property and under the US Constitution's 5th Amendment are therefore
subject to compensation if the water is reduced or eliminated by the federal
government for public purposes in violation of the contract, in this instance
to meet Endangered Species Act (ESA) for endangered California Central
Valley winter-run chinook and delta smelt. The State Water Resources
Control Board (SWCRB) allocates permits to the Department of Water
Resources (DWR), which in turn contracts with local water districts
allowing for the withdrawal and use of water, but unlike in most water
projects the farmers who ultimately receive the water are responsible for
all costs involving the construction and maintenance of the water project,
regardless of the amount of water they receive. In 1992, in response to
Biological Opinions by NMFS and USFWS identifying winter-run chinook
salmon and delta smelt as at risk of extinction, the SWCRB concluded that
federal requirements under the ESA were legally superior to the terms set
out in the irrigators' water permits. The amount of water available for
distribution within the water project was then reduced for the next several
years, resulting in the lawsuit for compensation for a 'taking' of private
property.

The federal government is expected to appeal the decision, but it
directly contradicts other rulings such as Klamath Water Users Protective
Assn. v Patterson (204 F.3d 1206 (9th Cir), cert. denied, 121 S. Ct. 44
(2000). It is also unclear how applicable the ruling is elsewhere, since
many water contracts are now structured to take ESA constraints into
account. Also, with the passage of the California Central Valley Project
Improvement Act, many of the water allocations now devoted to fish and
wildlife needs are statutory, not just the result of ESA court rulings. For
the Judge's opinion see: http://www.law.gwu.edu/fedcl/2001.htm.

3:18/04. MAJOR WATER PURCHASE TO MOVE UP TO SAN
JOAQUIN VALLEY FROM SACRAMENTO RIVER: The Bureau of
Reclamation, Westlands Water District, and a number of Sacramento River
settlement contractors have agreed to what is being called the biggest
single water exchange ever. The agreement was signed today by Thomas
Birmingham, General Manager, Westlands Water District; Kirk Rodgers,
Acting Regional Director, Mid-Pacific Region, Bureau of Reclamation
(BOR); and representatives from each of the 23 Sacramento River water
contractors. It allows Westlands to purchase up to 160,000 acre-feet of
water from those contractors. The agreement allows BOR to diversify
sources of supply to minimize adverse effects on Central Valley Project
contractors due to increased refuge water supplies and very dry hydrology.
The 23 Sacramento River contractors will voluntarily forgo a portion of
their water contract entitlement this year to make this effort work.
Westlands will pay between $70 to $75 per acre-foot for the water
depending on water lost while being moved through the Delta. Cost of the
water to Central Valley farmers is expected to exceed $150 per acre-foot
due to the cost of the power required to pump the water. For more
information contact Jeffery Cracken at: (916) 978-5100.

3:18/05. CANADA'S FRASER RIVER SALMON RUN IN
"GRAVE DANGER": The continued early migration of Adams River
sockeye has fishery biologists worried that the "world's best-known salmon
run is heading toward extinction" says the 25 April issue of the Vancouver
Sun. Last year the 50% point in the upstream migration occurred on 16
August, six weeks earlier than usual. The early migration pattern is
exposing the run to a "deadly mix of lower water flows and higher than
normal water temperatures" that increase the risk of both disease and
mortality and may be an indication of larger ecosystem problems, including
changing global climate conditions. The Pacific Salmon Commission is
prepared to close the entire Fraser River fishery this year in an effort to
conserve what's left of the Adams River sockeye run, according to the
article. Since the Fraser River is Canada's largest salmon producer, such
a closure would be devastating to British Columbia's commercial salmon
fishery.

3:18/06. "DOOMSDAY CLOCK 2001" REPORT PREDICTS
SNAKE RIVER EXTINCTION: The Doomsday Clock 2001 report
commissioned by Trout Unlimited (TU) predicts the date of functional
extinction for Snake River salmon, on average, to be 2016 (see Sublegals
3:17/04). This is far sooner than the anticipated date used by the National
Marine Fisheries Service (NMFS) in their biological opinion (BiOp) on
salmon recovery (see Sublegals 3:18/01 above), which forecasts the
extinction of spring-summer chinook to be more than a century away. The
difference, according to a 2 May article from the Environmental News
Network, lies in the definition of extinction used in the two models. The
NMFS definition is based on one remaining individual, whereas functional
extinction as used in the TU study means a population size that is so small
(less than 100 individuals) that inbreeding occurs and finding a mate
becomes too difficult to reproduce. The Doomsday Clock 2001 report can
be downloaded from the TU web page. Go to: www.tu.org, click on
'newsstands,' followed by 'press releases,' and at the end of the press
release entitled "Updated Extinction Study shows time is Quickly Running
out for the Snake River Salmon" is a link to the paper and its executive
summary.

3:18/07. PORTLAND METRO LISTS PROBLEM SALMON
CULVERTS: As part of its salmon protection program and efforts to
comply with the Endangered Species Act, the Portland, Oregon Metro
regional government has surveyed more than 1,400 culverts running
through the greater Portland region in a two year study to determine
priorities for fixing those that have the greatest impacts on threatened and
endangered salmon and steelhead. Metro has so far identified 149 culverts
in the area that are the worst barriers to imperiled fish runs, says, the 2
May
Oregonian, including one culvert dubbed "the pulverizer" because of its
impact on salmon. Metro, which is the multi-city government including all
cities in the greater Portland, Oregon area, has generally taken a very
progressive and pro-active stand on salmon protections. See:
http://www.oregonlive.com/printer2.ssf?/news/oregonian/
lc_41fishy02.frame.

3:18/08. FISH PROTECTION EXEMPTIONS HIGHLIGHTED
IN ENERGY BILL HEARING: The 'energy crisis' is spawning a host
of efforts to cut back various environmental protections in the name of
'streamlining' current standards for power plant and hydropower dam
siting and construction. Some of those efforts have emerged in H.R. 1647,
the "Electricity Emergency Relief Act," sponsored by Rep. Joe Barton of
Texas, as highlighted in testimony on the bill delivered 3 May in
Washington, DC by David Hawkins of the Natural Resources Defense
Council (NRDC) to the Subcommittee on Energy and Environmental
Quality of the House Committee on Energy and Commerce. Calling
various exemptions to current environmental laws contained in that bill
"sweeping, unjustified and disproportionate to any demonstrated need,"
Hawkins' testimony reflects what many west coast fisheries groups are also
finding, that the energy crisis has become a Trojan horse for a sweeping
anti-environmental agenda that would devastate the nation's salmon
fisheries (Sublegals 13:13/12, 3:16/01).

As an example, Section 302 (c) of H.R. 1647 contains a special
environmental waiver authority allowing the Bonneville Power
Administration (BPA) Administrator, whenever requested by the
Northwest state's Governors to maximize power production, to waive "the
application of any restriction or constraint under any Federal law, plan,
rule, or order (including any court order issued before the date of the
enactment of this Act pursuant to any Federal law) that would otherwise
apply to the operation of the facility concerned, including any dam, power
plant, or other facility under the administrative jurisdiction of the
Administrator or Commissioner, wherever located." Section 302(d) of the
bill also makes such a waiver non-reviewable by any court. "This is a
prescription for disaster to the west coast's billion dollar salmon runs,"
commented PCFFA's Executive Director Zeke Grader. "With protection
like this you could kiss the west coast salmon fishery goodbye." Copies of
the bill can be found via the Library of Congress at: http://thomas.loc.gov.
Subcommittee markup on H.R. 1647 could happen as soon as 10 May. For
a copy of Hawkins' NRDC's testimony see:
http://energycommerce.house.gov/107/hearings/
05032001Hearing204/hearing.htm.

3:18/09. HAWAIIAN LONGLINE FISHERMEN MOVE TO
CALIFORNIA: Longline fishermen off of Hawaii are relocating to
California in the face of new restrictions to avoid a federal judge's decision
to enforce protections for the endangered leatherback sea turtle. In
response, Turtle Island Restoration Network and the Center for Biological
Diversity, working with attorneys from Earthjustice Environmental Law
Clinic, filed suit in the United States District Court on 2 May asking the
National Marine Fisheries Service to close this regulatory loophole and
enforce the Endangered Species Act. The Pacific Leatherback is
threatened by the longline fisheries off Hawaii and scientific data shows
that the leatherback sea turtle is in imminent danger of extinction in the
Pacific. A recent paper in Nature (June 2000) predicts the species will go
extinct in 5-10 years unless there are reductions in adult mortality from
fishing activities. In April 2001, Hawaii federal district court Judge David
A. Ezra ordered the closure of the Hawaii-based longline swordfish fleet
and reduced fishing of the tuna fleet in order to reduce the longliners'
impacts on threatened and endangered sea turtles. Judge Ezra had
previously issued an injunction closing millions of miles of Pacific Ocean
to longline fishing. More information can be found under 'press releases'
at: www.seaturtles.org.

3:18/10. US SENATE HEARS TESTIMONY ON IFQs: On
Wednesday, 2 May, the Subcommittee on Oceans & Fisheries of the U.S.
Senate Commerce, Science & Transportation Committee heard testimony
on the Individual Fishing Quota Act of 2001 (S. 637), introduced by
Senator Olympia Snowe (R-ME) (see Sublegals 3:17/07) reported
Environment Science News, 2 May 2001. Members of the Marine Fish
Conservation Network (MFCN) testified to urge Congress to set national
standards on Individual Fishing Quota (IFQ) programs to protect both fish
and fishermen from privatization of fisheries, a public resource. Lee
Crockett, Executive Director of the MFCN, testified that the bill is a good
start in working to protect the public's interest if an IFQ program were
established in a fishery, but warned that "if a national IFQ program is set
up, then explicit legislative standards are necessary to protect the
environment, fishermen and fishing communities."

IFQs parcel out shares to a particular fishery, or exclusive privileges to
fish there, to a limited number of individuals, including companies.
Fishermen in traditional, small-scale fisheries fear IFQs would allow big
companies to squeeze them out of their livelihood or take their boats and
employ them as hired hands (sharecroppers), which has happened where
IFQ programs have been tried without the safeguards the MFCN is
recommending. Crockett said the bill should "guard against overfishing,
buffer against scientific uncertainty, reduce bycatch, and protect essential
fish habitat and the ecosystem." "Our fish populations are in trouble" said
Kim Davis, Fish Conservation Program Director, Center for Marine
Conservation, and member of the Network. "IFQ programs could be
helpful in the management of some fisheries and should be allowed, but
only after protective national standards are in place. We want to ensure
that IFQ programs actually promote conservation in order to provide a
healthier future for our fish populations - and the fisheries that depend upon
them." For more information and a copy of the MFCN testimony go to:
www.conservefish.org.

3:18/11. CALFED FUNDING SIGNED INTO LAW: California
Governor Gray Davis signed Senate Bill 23 into law on 6 May releasing
$135 million dollars to the Department of Water Resources to fund projects
in the California CALFED Bay-Delta Program. Davis said, "SB 23
provides the needed funds to resolve water issues at the local level. It also
advances CALFED's goal of providing a reliable water supply to the state
by strengthening partnerships with local and regional communities
throughout California." The money will target projects at the local
assistance, Delta, and system-wide levels as well as projects focusing on
future decision-making. Programs to be funded include watershed
restoration programs, drinking water quality programs, fish screen test
facilities at Tracy, water purchases for the Environmental Water Account,
and environmental compliance and public involvement. A copy of SB 23
can be viewed at: http://www.leginfo.ca.gov/bilinfo.html. For more
information on CALFED, go to: http://calfed.ca.gov.

3:18/12. CALIFORNIA FISH & GAME COMMISSION TO MEET
IN SANTA CRUZ: The California Fish & Game Commission will meet
8-10 (Tuesday-Thursday) in and around Santa Cruz. The first day of the
meeting will be a joint field trip with the California Board of Forestry
visiting selected sites on Soquel Demonstration State Forest and Cal Poly's
Swanton Pacific School Forest. On Wednesday, the group will gather
together with the Board of Forestry in Aptos, for a joint meeting to discuss,
among other items, the status of the Draft Joint Policy relating to
anadromous salmonids and the National Marine Fisheries Service's report
regarding THP review. On Thursday, 10 May, the Commission will
discuss the following items:

*Request of Zeke Grader, the Pacific Coast Federation of Fishermen's
Associations, for authorization pursuant to Section 8606 of the Fish and
Game Code for an experimental salmon fishery in San Francisco Bay
utilizing troll gear and fish traps.

*Receipt of Department reports on squid and squid light regulations.

*Receipt of Department status report on the Channel Islands Marine
Ecological Reserves proposal.

*National Marine Fisheries Service presentation on the Carmel River and its
concerns for survival federally listed steelhead.

The Wednesday meeting is scheduled to begin at 0900 HRS at the Best
Western Sea Cliff Inn, 7500 Old Dominion Court, Aptos, CA. The
Thursday meeting is slated to begin at 0830 HRS in the Board of
Supervisors Chambers, Santa Cruz Governmental Center Building, Room
525, 701 Ocean Street, Santa Cruz, CA. For more information, go to:
www.dfg.ca.gov/fg_comm .

3:18/13. NORTH COAST WATERSHED ASSESSMENT
PROGRAM PUBLIC MEETING : The California Resources Agency, in
cooperation with seven other state agencies, will soon institute the North
Coast Watershed Assessment Program (NCWAP) resulting in what agencies
hope will be a cohesive study of the ecology of north coast watersheds.
Using both historical and newly collected data, the information, accessible
through the Klamath Resource Information System (KRIS) website, will
provide information that can guide landowners, regulatory agencies, and
restorationists to better focus limited resources and effort. A draft manual
of protocols to be used for data collection will be publicly reviewed at a
meeting at the Fortuna River Lodge on 9 May at 1800-2130 HRS. For more
information on NCWAP or to download draft manual go to:
http://www.ncwatershed.ca.gov or call Cathy Bleier at: (916)653-6598.

3:18/14. SCIENTISTS CREATE LAB SPAWN OF ENDANGERED
ABALONE: Scientists have succeeded in getting endangered white
abalone to spawn in the laboratory, says the 1 May San Francisco
Chronicle, providing hope that the species, nearly wiped out by
overharvest, predation and disease, can be reintroduced back into the wild
where fewer than 3000 are now thought to exist. The white abalone is on
the brink of extinction along the California coast and the one's left are so
far spread out they can't reproduce. The artificial spawning produced 6
million fertilized eggs, or 2,000 times the number of adults in the wild.
See: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/
2001/05/01/MN87248.DTL .

3:18/15. US ALLOWS ATLANTIC SCALLOP DREDGING,
LIMITS GROUNDFISHERY: The National Marine Fisheries Service
gave final approval, effective 1 May, to a measure allowing scallop fishing
vessels to drag heavy, metal dredges through environmentally sensitive
marine habitats off New England and the Mid-Atlantic. The measure was
initially approved by the New England Fishery Management Council on 26
January despite concerns raised by fishery scientists, environmental groups
and the U.S. Environmental Protection Agency about the quality of the
environmental impact analysis prepared for this adjustment to the Atlantic
Sea Scallop Fishery Management Plan. At the same time, the agency is
seeking public comments on how best to spend up to $10 million in federal
funds to retire federal fishing permits to harvest groundfish such as cod,
yellowtail flounder and haddock in the Northeast. These species, which are
under a rebuilding plan, are among those likely to be affected by resumed
scallop dredging in their habitat. For the full story, click on the links
below: http://ens.lycos.com/ens/may2001/2001L-05-01-06.html and
www.enn.com/news/wire-stories/2001/05/05022001/reu_scallop_43342.asp

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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