[acn-l] ~~>FISHLINK SUBLEGALS 5/18/01<~~ (fwd)

PETER.UNMACK at asu.edu
Tue, 22 May 2001 18:48:48 -0700 (MST)

From: FISH1IFR at aol.com
Date: Tue, 22 May 2001 20:30:17 EDT
Subject: ~~>FISHLINK SUBLEGALS 5/18/01<~~
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 5/18/01<~~
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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. 20 18 MAY 2001
<<>><<>><<>><<>><<>><<>><<>><<>><<>><<>><<>><<>>><<

IN THIS ISSUE...

Klamath 'God Squad' Sought, Senate Hearing
Postponed. See 3:20/01

Senate Subcommittee Hears Testimony on
ESA. See 3:20/02.

Marine Reserves Recover Rockfish, Lingcod
Stocks. See 3:20/03.

Commercial Copper River Salmon Season
Opens. See 3:20/06

Omega-3 Good for Your Eyes. See 3:20/07.

AND MORE...
**********************************************************

3:20/01: KLAMATH 'GOD SQUAD' SOUGHT, SENATE
HEARING POSTPONED: Contentious drought-induced water conflicts
in the Klamath Basin continue to draw attention (Sublegals 3:19/01,
3:17/02, 3:15/07, 3:14/01, 3:13/02) and upper basin farmers continue to
blame the US Endangered Species Act (ESA) for what is really the result
of years of water resource mismanagement exacerbated by severe drought.
Associated Press reports that this week Congressmen Greg Walden and
Wally Herger formally wrote Secretary of Interior Gale Norton asking that
she consider convening a 'God Squad' to exempt the Upper Basin's federal
Klamath Irrigation Project from bottom line ESA water requirements
intended to prevent salmon and other extinctions, blaming the Act for all
the water cutoffs to Project irrigators this year. However, with only about
21 percent of normal inflow to Upper Klamath Lake, the Project irrigators
will still receive about 70,000 acre-feet of water, roughly 20 percent of
normal water year allocations of 350,000 acre-feet, though this leaves
about 90 percent of the Project's farms scrambling to purchase well water
or lying fallow. Other farmers have had their water rights bought out for
this year to provide them some immediate financial relief, or would qualify
for drought disaster assistance.

A 'God Squad' committee (formally known as the 'Endangered Species
Committee') could be convened by Secretary Norton, made up of seven
cabinet-level officials, with the power to waive ESA protections for coho
salmon, two resident species of upper lake fish and, in this case, the largest
population of bald eagles in the lower 48 states. This would effectively
allow the federal water project to take from the lakes and Klamath River
the last available water, likely resulting in the outright extinction of
these
populations during what is the Klamath Irrigation Project's worst drought
in its 100 year history. The Bureau of Reclamation previously rejected the
idea on advice of federal biologists. If Norton calls for such a 'God
Squad,' this would only be the fourth time such a drastic step has been
taken, none successfully, and it would be stringently opposed by lower
river fishing communities and elected officials whose coastal economies
depend on Klamath River salmon for their livelihoods. Deliberately
allowing the extinction of coho salmon and the lake fish would also
abrogate Tribal fishing rights for one upriver and three downriver tribes,
exposing the U.S. Treasury to large compensation claims.

Meanwhile the Washington, DC hearing of the Water & Power
Subcommittee of the U.S. Senate Energy & Natural Resources Committee,
originally scheduled for 23 May, has been postponed due to schedule
conflicts, with the most likely date now sometime in the second week of
June. PCFFA has been invited to testify on behalf of the lower Klamath
River salmon fishermen and salmon-dependent communities. For more
information on the Klamath River water issues and what water in that river
means to the lower river salmon economy, see: www.pcffa.org/klamath,
also the 13 May Oregonian Editorial on the web at:
www.pcffa.org/ored5-13-01.htm .

3:20/02. SENATE SUBCOMMITTE HEARS TESTIMONY ON
ESA: The Senate Environment Subcommittee on Fisheries, Wildlife, and
Water heard testimony last Wednesday, 9 May, regarding the Bush
Administration's plans to suspend citizen lawsuits, currently used as a tool
to enforce deadlines for listing decisions under the Endangered Species Act
(ESA). The hearing was called by Subcommittee Chairman Mike Crapo
(R-ID) to discuss problems with the present listing system used by the US
Fish & Wildlife Service (FWS). This hearing is the first in a series that
Crapo hopes will lead to a reformed and reauthorized ESA. At this point,
the FWS has stopped the review of petitions to list new species for the rest
of this year in order to deal with court orders and settlements. This
suspension, along with a 31% budget increase, are still not enough to erase
the current backlog. The solution proposed by the Bush Administration is
to block citizen lawsuits from being filed for the next year in order to allow
the FWS time to catch up. PCFFA Executive Director, Zeke Grader,
testified in support of the current system where members of the public can
sue for timely listing and designation of critical habitat and maintained that
access to the courts is imperative if agency actions are not enough to
prevent the extinction of species. (See Sublegals 3:15/02) David Wilcove
of Environmental Defense (ED) predicts that at the USFWS's current rate,
it would take 35 years to completely eliminate the backlog. He suggests
that tripling the budget would reduce the time to 10 years. Congress will
vote on the proposed changes later this year.

3:20/03. MARINE RESERVES RECOVER ROCKFISH,
LINGCOD STOCKS: The Fish Information and Services (FIS) News
Network reported 18 May that according to new research from the
Washington Department of Fish & Wildlife (WDFW), marine reserves
may, in the long run, benefit fishermen as stocks using these protected
areas begin to recover. In its new online magazine, Fish and Wildlife
Science, the WDFW reports that a 30-year-old marine refuge in Puget
Sound has effectively regenerated several formerly depleted local
populations of long-lived, slow-growing fish. The refuge, created at the
request of local divers, is where studies began in 1992 by WDFW to see
"whether rockfishes, lingcod and other bottomfish respond to the protection
from harvest afforded by marine refuges." The study results clearly
showed that more and larger copper rockfish and lingcod occurred at the
Edmonds refuge than at any of the comparable fished areas in Central
Puget Sound. The results of the WDFW results are similar to those from
studies of protected rockfish and lingcod in British Columbia, California,
and offshore Washington.

Supported by the growing body of scientific literature from around the
world that fish and large invertebrates in Marine Protected Areas (MPAs)
are larger, more abundant, and have more reproductive output, the reports
author suggests that properly designed refuges could play an important role
in fishery management. "The implications for traditional management
techniques such as size limits, seasons, and bag limits may indicate that
these are only partially effective at managing slow growing, late maturing,
and territorial species such as rockfish and lingcod," writes WDFW
biologist Wayne Palsson.

PCFFA Northwest Director Glen Spain has expressed some concerns
that protecting only those waters designated as MPAs could open the door
to new offshore oil drilling, ocean dumping, and proposals to use the ocean
for carbon sequestration (Sublegals 3:07/01). "The Pacific Coast
Federation of Fishermen's Associations (PCFFA) recognizes the need for
and supports the establishment of some areas to be set aside as refuges,
whether permanent or rotating, to benefit resident fish and shellfish
populations and ultimately fishermen...", said (Sublegals 3:07/01). "But
let's be clear that setting aside some areas does not mean the rest are
sacrifice zones. Our whole ocean, not just part of it, should be protected."
For more information on this issue visit WDFW's new online magazine at:
www.wa.gov/wdfw/science .

3:20/04 BPA RESUMES LIMITED SPILL PROGRAM IN
COLUMBIA: Stung by criticism from salmon conservationists,
fishermen and Oregon's Governor Kitzhaber, the Bonneville Power
Administration (BPA), the US federal agency that oversees the
management of the Columbia River's eight mainstem federal hydropower
dams, began a limited spill program 16 May to help quickly flush
outmigrating salmon smolts around the power turbines and through what
would otherwise be an entirely lethal river. The Columbia River is
experiencing near record low levels of rainfall, forcing BPA to choose
between power production and salmon, a situation criticized as more the
result of BPA financial mismanagement than extreme power needs. The
outward migration of what is already a very weak brood year is expected
to peak in May, and adding more water to the river during this critical
migration is one of the measures required under the federal government's
own Columbia River salmon restoration plan. However, the BPA has also
been allowed to ignore these requirements whenever it chooses to declare
a 'power emergency,' an exemption it has taken advantage of twice this
season and which has been questioned by salmon fishermen and
conservationists in a recent court suit (see Sublegals 3:18/01, 3:15/10,
3:14/04). Most biologists believe that adding water to the river to make
sure young salmon make it to the estuary in better river conditions is a
necessary measure for salmon recovery. However, the spill program even
as BPA is now allowing it, is only about one-third the volume called for in
the recovery plan. For more information see the 17 May Oregonian at:
http://www.oregonlive.com/environment/oregonian/index.ssf?/
environment/oregonian/lc_51spill17.frame

3:20/05. OREGON HATCHERY PROGRAM UNDER SCRUTINY
FOR POLLUTION: The Oregonian reports that Oregon's Department of
Environmental Quality (DEQ), the state's environmental enforcement arm,
is looking into potential pollution problems at Oregon's 34 state-run fish
hatcheries. Violations alleged include discharging fish waste directly into
rivers and improper use of fungicides. 24 hatcheries routinely use
Formalin, a fungicide containing formaldehyde, but low river flows have
made it difficult to dilute Formalin-treated wastewater down to levels it can
safely be released into the river. Hatchery officials brought the problems
to DEQ's attention last month while preparing to request renewal of the 5-
year old wastewater permits for the hatcheries. The levels of pollution are
more than those allowed by state and federal laws, and may result in fines,
but are not considered health risks. Both DEQ and the Oregon Department
of Fish & Wildlife (ODFW) are reviewing all state-run hatcheries and
working to correct problems, according to ODFW Director Lindsay Ball.
For more information see the 19 May issue of the Oregonian at:
http://www.oregonlive.com/environment/oregonian/index.ssf?/
environment/oregonian/lc_71hatch19.frame

3:20/06 COMMERCIAL COPPER RIVER SALMON SEASON
OPENS: The succulence of Copper River salmon, that has seafood
establishments competing to be the first to offer the Alaskan fish, may not
be so palatable to some now that delays and uncertainty in management
announcements for the fishery have undermined marketing plans and may
reduce the price of the sockeye, reported the Fish Information and Services
(FIS) News Network on 15 May. Delayed announcement of opening day
for the commercial fishing season by the Alaska Department of Fish &
Game (ADFG) "[has] hurt our ability to market the fish properly," said one
processor. Customarily, ADFG makes the announcement a week to 10
days prior to the opening so that retailers and restaurants can promote and
advertise for the salmon. The 9 May announcement this year coupled with
the first fishery opening on 17 May has several major buyers cutting back
their normally aggressive campaigns for the early Copper River salmon, he
said. In addition to poor marketing, commercial Copper River salmon
fishermen will also be faced with a reduced harvest due to both a curtailed
forecast by state biologists and reallocation to other user groups. State
biologists have reduced their harvest forecast by 200,000 from last year,
and for the first time ever state fishery managers allowed subsistence
fishing on the Copper River five days prior to the opening of the
commercial season.

3:20/07. OMEGA-3 GOOD FOR YOUR EYES: Omega-3 fatty
acids, found naturally in high quantities in different types of fish, are
useful
in the prevention of heart attacks and strokes, in reducing the incidence of
the formation of certain types of cancerous tumors (Sublegals 2:01/03), in
reducing the chance of suffering post natal depression (Sublegals 2:01/03),
in decreasing the likelihood of experiencing mild to severe depression
(Sublegals 3:15/04) and now in lowering the risk of age-related macular
(retinal) degeneration, reported Fish Information and Services (FIS) News
Network North America on 16 May 2001. Researchers from the Harvard
School of Public Health have found a link between canned tuna
consumption and reduced macular degeneration. They found that of more
than 70,000 men and women studied, those who ate canned tuna more than
once a week had a 40 percent lower risk of macular degeneration than
those who ate it less than once a month.

While not conclusive, their study, recently published in the February
2001 issue of American Journal of Clinical Nutrition, "Prospective study
of dietary fat and the risk of age-related macular degeneration," is the most
recent addition to the long list of health benefits scientists believe are
provided by the omega-3s found in fish such as tuna, salmon, and sardines.
"It's too early to say that fish protects vision, but given the growing
evidence that it helps prevent heart attacks and strokes, it makes sense to
shoot for several servings a week", recommends the Center for Science in
the Public Interest (CSPI) in their Nutrition Action Healthletter, May 2001,
that highlights the study. To view the studies abstract, go to: www.ajcn.org
and browse the February 2001 recent issues archive.

3:20/08. SPEAR APPOINTED RESOURCES AGENCY
DEPUTY. Michael Spear, a 27 year employee of the United States Fish &
Wildlife Service (FWS), has been appointed by Governor Gray Davis as
Deputy Secretary for Land Conservation and Stewardship of the Resources
Agency of California. Spear's current position is the manager of the
California/ Nevada operations of the FWS where he has developed habitat
conservation planning programs in response to rapid urbanization.
Additionally, Spear is a member of the CALFED Bay-Delta Restoration
Program Policy Committee.

3:20/09. DEVELOPER'S LAWYER NOMINATED TO BE
ASSISTANT SECRETARY FOR WATER: In late April the Bush
Administration nominated Colorado water Attorney Bennett W. Raley to
be the Interior Department's Assistant Secretary for Water & Science,
where he would oversee the Bureau of Reclamation and play a major role
in resolving water conflicts throughout the Western US. He is the first
Coloradan picked to join Interior Secretary Gale Norton, that state's former
Attorney General, at the agency. Norton described Raley as someone who
"has formed partnerships to bring people together to protect our
environment and threatened species." However, Raley's career has mostly
been spent representing developers and water districts against
environmental protections, and he has publicly called for the outright
repeal of the US Endangered Species Act as well as criticized the Clinton
Administration for what he termed putting the interests of fish over those
of property owners and irrigators, according to a story in the 19 April San
Francisco Chronicle. Like Norton herself, Raley is also closely linked to
the Mountain States Legal Foundation, a conservative litigation
organization that advocates on behalf of property owners in several ESA-
related disputes, and he serves on the Foundation's litigation board. He
also lobbied against a 1994 bill to reauthorize the Clean Water Act on the
grounds that nonpoint source pollution controls were a violation of state's
rights. For the full San Francisco Chronicle article go to:
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/
archive/2001/04/19/MN148809.DTL

3:20/10. "PRESERVING SALMON BIODIVERSITY"
AVAILABLE ONLINE: An article published this month in American
Scientist by Drs. Philip Levin and Michael Schiewe of the National Marine
Fisheries Service (NMFS) discusses the importance of strong genetic
diversity in salmon populations. As populations decline, maintaining the
necessary level of differing genes within that population becomes more
difficult. Certain types and times of harvest along with habitat destruction
result in an unnatural selection that further reduces the gene pool.
Restoration strategies must focus not only on increasing numbers of
salmon but also on preserving biodiversity. The article is at:
http://www.amsci.org/amsci/articles/01articles/Levin.html .

3:20/11. "SCIENTIFIC WHALING" PROGRAM BRANDED A
SHAM: Foreign governments and environmental groups have greeted
Japan's resumption of Pacific whaling missions with condemnation,
questioning the intentions of the scientific program that will take almost
double the number of whales caught last year, reported FIS on 15 May.
The Japanese Fisheries Agency announced last week a two-month whaling
mission in the northwestern Pacific aimed at killing 100 minke, 50 Bryde's
and 10 sperm whales to support scientific research into their feeding
patterns. "Their explanation is that whales are eating too much fish...,"
remarked a United States senior State Department official. "We think that
overfishing is taking too much fish, rather than the whales, and we don't
think its necessary to start cutting open whales stomachs in order to count
the number of fish inside." According to Richard Boucher, State
Department spokesman, the United States plans to coordinate with the
International Whaling Commission, the international body which regulates
whaling and which imposed an international moratorium on commercial
whaling in 1982, and other foreign governments to protest Japan's action.
"Continuation of this two-year program is of concern to us," said Boucher.
"We support the international moratorium on commercial whaling and
have expressed our opposition to Japan's expanded scientific program."
For more information on the issue, go to: www.greenpeace.org.

3:20/12. PFMC GROUNDFISH AND HIGHLY MIGRATORY
SPECIES TEAM MEETINGS: The Pacific Fishery Management
Council's (PFMC) Groundfish Management Team (GMT) will hold a
working meeting, open to the public, on 4-5 June at the NMFS Northwest
Regional office, 7600 Sand Point Way NE., Building 1, Director's
Conference Room, Seattle, Washington. For information telephone: (206)
526-6120. For further information contact: Jim Glock, Groundfish Fishery
Management Coordinator, (503) 326-6352.

On 10-15 June, the PFMC Highly Migratory Species Plan Development
Team (HMSPDT) will meet in Burlingame, California to address issues
related to highly migratory species, groundfish, coastal pelagic species,
marine reserves, habitat and salmon. For more information on the meeting
or to view the complete agenda, go to: www.pcouncil.org, or contact the
council at: (503)326-6352.

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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