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~~>FISHLINK SUBLEGALS 11/17/00<~~
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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 2, NO. 20 17 NOVEMBER 2000
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2:20/01. CALIFORNIA GOVERNOR, LEGISLATURE ISSUE
WORLD FISHERIES DAY PROCLAMATIONS, RESOLUTIONS;
PELOSI PROPOSES CONGRESSIONAL BILL MAKING DATE
PERMANENT IN THE U.S.: California Governor Gray Davis has issued
a World Fisheries Day proclamation to celebrate the 21 November date,
and State Senator Byron Sher (D-Palo Alto), authored a Legislative
Resolution also honoring World Fisheries Day. In Washington, California
Representative Nancy Pelosi (D-San Francisco) has drafted Congressional
legislation to establish a permanent date for World Fisheries Day in the
U.S. Both she and fellow California Representative George Miller (D-
Martinez) authored a letter, signed by a number of their colleagues, calling
on the U.S. President to again issue a proclamation for World Fisheries
Day this year. In 1998, President Clinton issued such a resolution. Copies
of the text of the Davis proclamation and the California Legislature's
resolution will soon be available for viewing on PCFFA/IFR's website at:
http://www.pond.net/~pcffa .
2:20/02. INTERIOR RELEASES PLAN TO DOWNSIZE TRINITY
RIVER: The U.S. Department of the Interior (DOI) today, 17 November,
released its final report for the Trinity River on its plans for restoring
salmon and steelhead runs in what was once one of the most productive
anadromous fish streams in California (see Sublegals, 2:18/09). The
Trinity, a tributary of the Klamath River, had 86 percent of its flow
diverted by the Trinity Unit of the Central Valley Project (CVP), beginning
in the early 1960's, to irrigated agriculture in the Sacramento and San
Joaquin Valleys. As a result of the diversions, salmon populations declined
over 80 percent and steelhead populations by nearly 90 percent in the
Trinity. In January 1981, former Interior Secretary Cecil Andrus ordered
an increase in flows to the river from 119,000 acre-feet annually to 346,000
acre-feet (in a normal or wet year) and ordered a study to determine the
flows needed to restore the fish populations; the river's historic flow was
between one and 1.2 million acre-feet annually. At the time, PCFFA
requested a flow increase, based on international scientific studies done on
river and estuarine flow needs, from 700,000 to 750,000 acre-feet
annually, or approximately 70 percent of the historic yearly flow.
Release of the report - a Final Environmental Impact Statement (FEIS) -
is the latest step in a process DOI initiated nearly two decades ago to
address the declining salmon runs and the federal agency's trust
responsibilities to the tribes in the Klamath Basin. In 1993, Interior
Secretary Bruce Babbitt ordered that up to half of the harvestable salmon
in the Klamath go to two (Hupa and Yurok) of the basin's four tribes. But
while Interior has insisted on providing the tribes half of the fish, it has
been unwilling, even in its preferred flow alternative in this FEIS to
provide the Trinity even half of its historic flow (the preferred alternative
calls for 48 percent of the historic flow for release into the river).
Instead
of restoring the Basin (the authorizing legislation for the Trinity Unit
called
for the protection of the river's fish and wildlife resources) DOI has
proposed to downsize the river through channel manipulation, gravel
replenishment and assorted mechanical fixes. Even the preferred
alternative, however, is now in question with the recent failure to secure
funding for the relocation of four bridges along the river.
While the two tribes are content with the preferred alternative, since
they receive considerable financial support from Interior, the Friends of
the Trinity River (FOTR), PCFFA and assorted other conservation and
fishing groups are calling for adoption of the maximum flow alternative
that would mandate a restoration of upwards of 700,000 acre-feet of flow
annually back into the Trinity. On Monday, the 20th, a full-page
advertisement will run in the New York Times, calling for the maximum
flow alternative. It can be seen at:
http://www.jeffbright.com/JBD/FOTR/FOTR_NYTAd_Final.pdf . The
Record of Decision (ROD) on the Trinity is expected sometime in mid-
December. A copy of DOI's FEIS for the Trinity can be found on the
Internet at: http://www.ccfwo.rl.fws.gov.
2:20/03. DUNGENESS CRAB OPENING PRODUCES GOOD
QUALITY, BUT LOW NUMBERS: The central California (Sonoma
County south) Dungeness season opened 15 November, with good weather,
excellent quality, but low numbers. Dungeness production tends to be on
a five to seven year cycle so the downturn in the numbers were anticipated.
The quality of the crab, however, was exceptional, due in part to good
oceanic conditions. Most of the early production coming from the central
coast (Bodega Bay, San Francisco Bay, Half Moon Bay) goes to meet local
Thanksgiving holiday demand. The ex-vessel price at the opening was
$2.50 per pound. The northern California, Oregon and Washington coast
season is scheduled to open on 1 December.
2:20/04. DRAFT CALIFORNIA CENTRAL VALLEY WATER
CONTRACTS OUT FOR 60-DAY REVIEW: Proposed long-term water
contract renewals for 26 California Central Valley Project (CVP) Friant
Division water districts are now out for a 60-day public review and
comment period. The contracts, once finalized, will determine the uses of
much of the remaining San Joaquin River water in the federal CVP, but
have been criticized because the total volume of water proposed for
irrigators may exceed available supply in many years, leaving literally
nothing to help restore ESA-listed salmon runs, according to an analysis by
the Friends of the River available at:
http://www.friendsoftheriver.org./alerts/a_overprmised_wtr.html.
Comments on this critical issue are due no later than 9 January 2000.
Copies of the draft water contracts and attachments can be found at:
http://www.mp.usbr.gov/cvpia/3404c/usbrex.html. For more information
contact Jon Anderson at: (559) 487-5041.
2:20/05. MAINE ATLANTIC SALMON DECLARED
ENDANGERED: After years of inaction by federal agencies, ineffective
state recovery efforts and lawsuits, Maine's last remaining wild runs of
Atlantic salmon have now been listed as endangered under the federal
Endangered Species Act (ESA). Citing impacts from agriculture and farm
fish operations as leading causes, the salmon were listed in eight Maine
rivers by a rule published in the 13 November Federal Register; see:
http://www.nero.nmfs.gov/atsalmon for the government's press release,
Federal Register Notice, the Status Review and other information on the
status of these stocks. The listing was opposed by Maine Governor Angus
King, fearing it would disrupt aquaculture and cranberry operations. The
National Marine Fisheries Service (NMFS) and the U.S. Fish & Wildlife
Service (USFWS) cited impacts from salmon aquaculture (disease,
pollution, escaped farm fish in the wild) as well as agricultural operations
as leading causes of the native salmon declines. Maine Senator Olympia
Snowe has also been critical of the listing decision and led efforts to better
fund Maine's state recovery program, widely judged to be inadequate, as
the alternative. Conservation groups who brought suit believe both federal
protection and state recovery efforts should work together. Atlantic salmon
once ranged as far south as the State of Georgia, but except for these last
remaining eight Maine rivers, wild Atlantic salmon are now considered
extinct in the U.S.
2:20/06. OREGON STATE SUIT TO END SALMON HATCHERY
REFORMS DROPPED, BATTLE CONTINUES IN FEDERAL
COURTS AND LEGISLATURE: The Pacific Legal Foundation (PLF)
has formally dropped its efforts to unravel Oregon Department of Fish &
Wildlife hatchery reforms in state court, according to a story in the 9
November issue of The Oregonian, though it vows to continue those efforts
in the Legislature and in federal courts. The group originally brought a suit
in Oregon's Lincoln County Circuit Court attempting to block Oregon's
"Wild Fish Policy." Their strategy was to show that hatchery fish were
indistinguishable from wild fish as part of a coordinated plan to roll back
ESA protections for salmon coastwide on behalf of industries and
landowners threatened by salmon habitat protections. In fact, the PLF suit
was thrown out of state court, leaving them little choice but to drop that
litigation. However, the group is still pressing a similar suit in Federal
District Court, also dismissed but on appeal, which they believe will have
more far-reaching consequences. The PLF is also providing legal support
for efforts by a group calling itself "Common Sense Salmon Recovery" to
roll back ESA protections in the Puget Sound area which PCFFA and the
Puget Sound Gillnetters Association is now formally opposing in court
(See Sublegals 5 May 2000 and also see: http://www.pond.net/~pcffa/pr00-
6.htm). For the full Oregonian article also see:
http://www.oregonlive.com/outdoors/index.ssf?/news/oregonian/00/11/
nw_42clubd15.frame. The bulk of scientific opinion opposes PLF's position
that no wild salmon exist or that hatchery practices can potentially wild
stock declines where hatcheries are operated without regard for wild
populations.
2:20/07. DOCUMENTS SHOW AGENCY FLIP-FLOP ON SNAKE
RIVER DAM REMOVALS: According to an exclusive report in the 17
November issue of The Oregonian, the National Marine Fisheries Service
(NMFS) Draft Biological Opinion on the Snake River Dams, dated 18
May, originally called for breaching the four lower Snake River dams by
2006 as the most viable option for salmon recovery in that river system.
The 17July version finally released, however, put other measures first in
priority, reserving the breaching option only as a last restort only if
alternative measures failed, and even then only as an option. The draft,
intended only for internal discussion, was strongly objected to by the US
Army Corps of Engineers, which owns and operates those dams, and which
succeeded in watering down the final recommendations. The 18 May draft
set two other deadlines: It required that by October 2002, the Corps and the
Bonneville Power Administration (BPA) develop a plan to compensate the
communities and industries that would be hurt if dams were breached, and
it required that by October 2003, the Corps and power agency should
complete all engineering and design work for needed for breaching. The
full Oregonian article is at: http://www.oregonlive.com/printer2.ssf?/
news/oregonian/00/11/lc_71dams18.frame.
2:20/08. UNACCEPTABLE SOCIAL AND ENVIRONMENTAL
COSTS FOR MANY DAMS, WORLD COMMISSION FINDS: In a
report released Thursday, 16 November, "Dams and Development," the
World Commission on Dams, an independent 12-member Commission
established in 1998 by the World Bank and World Conservation Union,
concluded that many dam projects worldwide have led to unacceptable
social and environmental costs. This includes 40 to 80 million people
displaced, livelihoods eliminated and natural fish and wildlife capital
resources irrevocably lost. The report calls for a worldwide review of all
existing large dams, the decommissioning of dams that do not meet current
standards or where ecosystem needs outweigh benefits, and mandatory in-
depth environmental assessments of all future dam projects. There are
more than 45,000 large dams in the world today, most build with little or
no environmental review. China and India have half the world's large
dams. As a result of the report more than 100 non-governmental
organizations (NGOs) have called for suspension of all international dam
projects until they are reviewed in accordance with the Commission's
recommendations. The President of the World Bank, James Wolfenshon,
made plans to present the Commission's report to all 180 World Bank
members. The report cited best documented example of disruption of fish
migrations as the Columbia and Snake River, were an estimated 5 to 14
percent of salmon are killed passing each of the river's eight large federal
power dams. For a copy of the Report see the Commission's web site at:
http://www.dams.org.
Meanwhile, some 180 countries are meeting in The Hague next week to
finalize rules on implementing a 1997 United Nations agreement on cutting
six gases believed to contribute to global warming, and the US Delegation
has proposed, at the bequest of US corporations, that companies be allowed
to meet their carbon dioxide reduction goals by buying emission credits
and investing in so-called "clean" hydropower dams in third world
countries. The Commission report will likely have an impact on those
negotiations.
2:20/09. SYMPOSIUM ON FISHERY SUBSIDIES: The World
Wildlife Fund (WWF) and the European Policy Center will host an
international symposium intended to promote transparency and
accountability in the administration of subsidies to the fishing industry. The
symposium, entitled, "Fishing in the Dark", will be held on 28-29
November in Brussels, Belgium and will feature the European context,
while covering political and technical issues around the world. For more
information go to: www.fishing-in-the-dark.org
2:20/10. FIRST OREGON MEASURE 7 TAKINGS SUIT FILED:
In a case that may test Oregon's new Measure 7 'takings' Constitutional
amendment, the Jackson Sand Creek Company filed a $50 million claim
today, 17 November, against the State of Oregon and Jackson County in
U.S. District Federal Court under the new law. The company wants to
mine 18 million tons of gravel aggregate at the site of the old Opp Mine
outside of Jacksonville, but was prevented from doing so by local land use
laws and the opposition of local citizens, as well as health and safety
concerns. The site contains an estimated 100 million tons of aggregate
which, if the company wins, it also plans to mine. Should the county and
city deny that later permit application, under Measure 7 they would have
to pay many hundreds of millions of dollars more in compensation to
uphold zoning laws. The case was filed in Federal District court because
the mine's owner is a Canadian citizen, and because lawyers for the
company wanted to keep the case out of local county courts, which might
have been sympathetic to local land use laws. Opponents of Measure 7
believed it would result in gutting local land use and environmental
protection laws of just the sort challenged in this case (See Sublegals
2:19/01). For the full story, see: http://www.oregonlive.com/printer2.ssf?/
news/oregonian/00/11/nw_12mea719.frame.
Measure 7 is already undercutting Oregon's efforts to restore salmon
runs, according to the 20 November Oregonian, and may make it
impossible to protect riparian buffer zones, with past protections already
required by laws such as the Forest Practices Act potentially costing the
state billions of dollars in retroactive claims. Another result may be that
federal authority delegated to the states for enforcement under the Clean
Water Act may be terminated because the state no longer will have the
financial ability to enforce those laws. If so, the federal government will
then have to reassume enforcement authority. For that story see:
http://www.oregonlive.com/printer2.ssf?/news/oregonian/00/11/
lc_21meas720.frame.
2:20/11. FIRST MENDOCINO COUNTY WATERSHED
INFORMATION SYSTEM RELEASED; TWO OTHERS
EXPECTED AT BEGINNING OF NEXT YEAR: The Institute for
Fisheries Resources (IFR) has released its KRIS watershed analysis
program for the Noyo River in Mendocino County on the northern
California coast. The watershed information system was produced by IFR
and its subcontractor, Kier Associates, under contract with the California
Department of Forestry & Fire Protection (CDF). It is a watershed
information system modeled after the highly-successful Klamath Resource
Information System, hence the name KRIS, that provides GIS and other
mapping data, plus relevant studies and literature and other pertinent
information in a peer-reviewed format on compact discs (CD-Rom) and
on the Internet. The program is intended to help agencies, landowners, and
the public (including the fishing industry) better understand specific
watersheds. In the case of the Noyo and the other Mendocino County
watersheds, it is hoped the information will provide scientific guidance for
resource protection and fish restoration. The program format not only
provides an easy-to-use one stop source of current watershed information,
it helps to illustrate where gaps exist in data and its format allows it to be
continuously updated. The Big River and Ten Mile watershed programs
are expected to be finished after the first of the year. CDs will be
available
from CDF. To view the program on the Internet, go to: www.krisweb.com
.
2:20/12. UMPQUA AGRICULTURAL WATER QUALITY PLAN
HEARINGS SET FOR OREGON, COMMENTS DUE 30
NOVEMBER: Pursuant to the Oregon Salmon Plan and SB 1010 (1993),
the Oregon Department of Agriculture must develop "Agricultural Water
Quality Management Plans" to control erosion and improve water quality
in impaired watersheds as part of salmon restoration throughout coastal
Oregon. The rewritten draft plan for the Umpqua Basin, covering more
than 2.8 million acres including key salmon refugias, has been released
and public comments are being taken until 30 November, with four public
hearings scheduled within the basin on 21 November. The Umpqua Basin
has been a showdown area for water reforms and litigation for protection
for several key runs of salmon, steelhead and cutthroats. Ranchers and
farmers there have vehemently opposed past drafts of water quality
management plans which contained any enforceable provisions or
standards, and are expected to continue to oppose the draft plan at the
public hearings. Fishermen (including PCFFA) and some conservation
groups have been pressing for greater protections than in the relatively
weak plans proposed so far, but have not been as involved to date. Several
other basin plans are also out for public comments as well. Information
about Oregon's SB 1010 Agricultural Water Quality Management Plan
program generally is at:
http://www.oda.state.or.us/Natural_Resources/sb1010.htm. The proposed
Umpqua Plan can be viewed on the web at:
http://www.oda.state.or.us/Natural_Resources/agwqmpr.htm .
2:20/13. NMFS CLOSES HAKE CATCHER/PROCESSOR
FISHERY ALONG PACIFIC FOR REMAINDER OF YEAR: In a 9
November Federal Register notice (Vol 65, No 218, p.57310), the National
Marine Fisheries Service (NMFS) announced the closure of the 2000
catcher/processor fishery for Pacific whiting (hake) effective 6 November.
According to NMFS, the action is intended to keep the catch of hake within
the 2000 allocation levels. Comments will be accepted through 24
November. Submit comments to Donna Darm,, Acting Regional
Administrator, Northwest Region , NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115-0070; or Rebecca Lent, Regional Administrator,
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long
Beach, CA 90802-4213.
2:20/14. FISHERMEN'S NEWS REPORT ON WFF MEETING:
The November issue of the Fishermen's News features a report by Pietro
Parravano, Natasha Benjamin and Zeke Grader on the October meeting of
the World Forum of Fish-Harvesters & Fishworkers (WFF) in Loctudy,
France. For more information, go to the FN website at:
http://www.fishermensnews.com or to view the article go to PCFFA's
website address at: http://www.pond.net/~pcffa .
2:20/15. STELLER SEA LION PLAN TO BE RELEASED 30
NOVEMBER: The National Marine Fisheries Service (NMFS) , in
response to Alaska pollock fisheries closed by court order earlier this year
to prevent further Steller sea lion declines (see Sublegals, 2:11/15, 2:04/09,
2:03/06), plans to issue its revised Biological Opinion (BO) on 30
November according to agency sources. NMFS has failed to address this
issue for many years, and its prior Steller BO was tossed out by U.S.
Federal Court Judge Zilly earlier this year as being biologically inadequate.
The new plan is expected to allow some fishing to resume in areas
designated as critical habitat for the sea lions, which are protected under
the federal Endangered Species Act (ESA), but with various restrictions to
assure Steller sea lions have enough pollock, their primary food source, to
survive. Sea lion declines have been blamed on widespread reduction of
pollock biomass from the impact of large-scale factory trawlers in the
Bering Sea. After Steller sea lion populations collapsed from 230,000 to
fewer than 40,000, a federal judge ordered trawlers out of sea lion critical
habitat in an effort to halt further declines in the animal population. Many
of the Aleutian islands are now suffering ecological collapse from the same
causes (see Sublegals 2:19/04).
As a lame duck Congress pushes to adjourn for the year with an
unfinished federal budget, the North Pacific trawl fleet is urging Alaska
Senator Ted Stevens to attach a rider suspending all ESA protections for
Steller sea lions to one of the remaining spending bills. The trawlers
wanted to head off a possible NMFS biological opinion which could force
them to fish for pollock outside of the areas where the sea lions breed and
raise their young. However, Congress will not meet again on budget issues
until after the results of the contested Presidential election are known,
planning to reconvene now on 5 December, by which time the NMFS
Biological Opinion will have been released. Also a rider waiving ESA
provisions is widely opposed and would face a certain veto, deadlocking
budget negotiations which should have been completed by 1 October. The
federal government is now operating on stop-gap extensions without a
federal budget. For more information go to:
http://www.fakr.noaa.gov/protectedresources/stellers.htm.
2:20/16. SENATOR GORTON MAINTAINS SLIM LEAD IN
WASHINGTON, RECOUNTS CERTAIN: With tens of thousands of
absentee ballots still uncounted, incumbent Washington Senator Slade
Gorton still has a very narrow lead, dipping at one point to less than 1500
votes in his race with challenger Maria Cantwell. Gorton has been a major
opponent to the breaching of the four salmon-killing Snake River dams.
Results are so close, however, that the state's automatic recount provisions
will be triggered and is still too close to call, with some heavily Democratic
precincts still to be counted. The last day for certifying the election
results
in Washington is 7 December. For more information see the Secretary of
State's special election site at: http://www.vote.wa.gov The Washington
Legislature's House may be split 49-49 once again this year between
Democrats and Republicans, but several elections are still too close to call
and face recounts.
2:20/17. OTHER ELECTION NEWS - THOMPSON RACE SENT
TO RECOUNT IN OREGON; PARRAVANO WINS BIG IN LOCAL
CALIFORNIA RACE. Florida and Washington State are not the only
places where recounts are taking place. In Oregon, in a race for a coastal
Senate seat, commercial fisherman and State Representative Terry
Thompson is locked in a tight race, where he was trailing slightly, that has
been sent for a recount. In California, most races were not nearly so close.
At the state level, Proposition 37, that would have exempted polluters from
paying clean-up fees, was soundly defeated. In San Mateo County
(northern Silicon Valley), PCFFA President Pietro Parravano was handily
reelected to his seat on the County's Harbor Commission and in San
Francisco, Measure R to stop a Las Vegas-style development on
Fisherman's Wharf and create instead a Bay Center for education on the
fisheries and San Francisco Bay won by a whopping 73 percent.
2:20/18. PRESIDENT SIGNS THE NATIONAL MARINE
SANCTUARY ACT OF 2000 AND ESTABLISHES NEW
SCHOLARSHIP: On 13 November, U.S. President Bill Clinton signed
the National Marine Sanctuaries Amendments Act of 2000,reauthorizing
the National Marine Sanctuaries Act for five years. "This nation prides
itself on its conservation ethic, as embodied in our national parks and
refuges, " President Clinton said. The new law also provides authority for
the establishment of a network of marine protected areas (MPAs) aimed at
the conservation of special areas of the marine environment.
The sanctuaries act is administered by the National Oceanic &
Atmospheric Administration's (NOAA) National Ocean Service. The
Ocean Service's National Marine Sanctuary Program currently comprises
13 sanctuaries around the country, including sites in American Samoa and
Hawaii. In signing the bill, President Clinton drew special attention to the
establishment of scholarships supporting graduate students in
oceanography, marine biology, or maritime archaeology particularly for
women and members of minority groups.
2:20/19. NEW REGULATIONS ON ANTARCTIC FISHING : From
23 October through 3 November, fishery delegates from Japan, the United
States, Australia, New Zealand, Argentina, Norway, Russia, Korea and the
EU met in Hobart for the 19th annual meeting of the 1980 Convention on
the Conservation of Antarctic Marine Living Resources (CCAMLR), where
they discussed management measures for toothfish and euahsia (Antarctic
krill). The delegates agreed to reinforce regulations to control toothfish
operations. The fishing grounds will be divided into several zones. After
fishing a predetermined quantity of toothfish in a particular zone, fishing
boats will be obliged to move to antoher zone. The delegates also set a
Total Allowable Catch (TAC) of 4500 tons for commercial pit fishing.
Regulations fo IUU vessels (vessels caught fishing illegally), including the
sanctions imposed on them, were not decided at the 19th meeting. The TAC
for euhausia (or Antarctic krill) was increased form the temporary figure
of 1,500,000 tons to 4,000,000 tons, after having been reassessed based on
the findings from joint research studies conducted since 1999. For more
information on the CCALMR go to: www.ccamlr.org
2:20/20. OIL RIGS, ARTIFICIAL REEFS AND JELLYFISH: The
U.S. Department of Interior's Minerals Management Service (MMS), the
federal agency that regulates offshore oil development, has announced it
will fund a study to determine whether the 4000-odd oil and gas platforms
in the Gulf of Mexico and thousand of acres of artificial reefs are
responsible for a steady rise in jellyfish populations. Jellyfish, which
require hard surfaces for spawning, feed on both the eggs and larvae of
crabs, shrimp and fish, and they compete for food with other plankton-
feeding animals including menhaden and anchovies that, in turn, become
food for larger fish such as tuna, mackerel, snapper, redfish and cobia.
There is also a real fear that the population of jellyfish could become so
great that they would eat all the plankton, causing the collapes of the Gulf's
ocean food chain, as has happened in other marine bodies, such as the
Black Sea. The thousands of piers, bridges, seawalls, artificial reefs and oil
rigs added in the last 50 years may enable the jellyfish to breed virtually
everywhere in the Gulf of Mexico, including hundreds of miles out to sea,
in the newly colonized regions providing suitable breeding habitat for the
jellyfish from the sea bottom up to the surface.
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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