[acn-l] ~~>FISHLINK SUBLEGALS 11/24/00<~~ (fwd)

PETER.UNMACK at asu.edu
Thu, 30 Nov 2000 16:57:36 -0700 (MST)

From: FISH1IFR at aol.com
Date: Thu, 30 Nov 2000 02:44:48 EST
Subject: ~~>FISHLINK SUBLEGALS 11/24/00<~~
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


VOL 2, NO.21 24 NOVEMBER 2000

2:21/01. GORTON BREACHED?: On Wednesday, 22 November, the
results of the Washington State U.S. Senate race were announced, indicating
former Congresswoman Maria Cantwell (D) defeated veteran Senator Slade
Gorton (R) by 1853 votes in the 7 November General Election (see
Sublegals, 2:20/16). The unofficial county tabulations were published
Wednesday after all votes had been counted. Unlike Florida, Washington
State accurately records and counts all ballots. Because of the closeness of
the race, a mandatory recount is required that will begin the week of 27
November; following the recount the results will be certified on or before 7
December. For more information, go to: http://www.vote.wa.gov.

"Gorton's defeat will mark the end of a long and sad chapter in the
of Northwest fisheries, " said PCFFA Executive Director Zeke Grader. "In
the 1970's when all fishing groups - commercial, recreational, tribes - should
have been working together to halt the destruction of salmon by dam
operations and logging, Gorton, as the State's Attorney General, diverted
attention away from the causes of the salmon declines, with his countless
losing forays to the U.S. Supreme Court fighting tribal treaty fishing rights.
The result was internecine warfare between fishing groups over a
diminishing supply of fish, when they should have been coalescing to rebuild
salmon populations. And then, as a U.S. Senator, Gorton sought to
undermine national environmental laws critical to protecting fish stocks and
fought the breaching of the Snake River and other fish killing dams whose
removal is essential for salmon protection and recovery. Despite his name,
this Gorton was no fisherman, nor friend of fishermen."

STATE SENATE SEAT: In the closest state race in Oregon,
Representative Terry Thompson's (D) bid for a State Senate seat in mostly
coastal District 2 has failed against incumbent Senator Gary George (R) by
891 votes out of almost 50,000 cast, triggering an automatic recount.
Election results will be certified 7 December. Thompson is the only
commercial fisherman now serving in the Oregon State Legislature but is
facing term limit restrictions bringing his service in the House of
Representatives to an end. Thompson has been instrumental in passing many
measures benefitting Oregon's commercial fishing industry. He comes from
a fishing family; George is one of the three Oregon commissioners on the
Pacific States Marine Fisheries Commission (PSMFC). The Oregon
Legislature will be more evenly balanced in 2001 than this past session, with
Republicans maintaining a 16 to 14 lead in the Senate, and a 33 to 27 lead in
the House, with many more moderates from both parties serving in office
than before.

24 November issue of the Federal Register (Vol.65, No.227, pp.70514-
70521), the National Marine Fisheries Service (NMFS) announced it has
completed an Endangered Species Act (ESA) status review for Pacific cod
(Gadus macrocephalus), Pacific Whiting, or hake (Merluccius productus),
and walleye pollock (Theragra chalcogramma) populations from the eastern
North Pacific Ocean between Puget Sound and southeast Alaska. After
reviewing available scientific and commercial information, the federal
fishery agency determined that none of the petitioned populations in Puget
Sound constitute ``species'' under the ESA. NMFS has concluded these
populations are part of larger distinct population segments (DPSs) that
qualify as species under the ESA but do not warrant listing as threatened or
endangered at this time. However, it is adding the Georgia Basin hake DPS
to the agency's list of candidate species because of remaining uncertainties
about its stock structure and status. The status review is effective as of
24 November.

For more information, contact Garth Griffin, NMFS, Northwest Region,
Protected Resource Division, 525 NE Oregon Street, Suite 500, Portland, OR
97232; Tel: (503) 231-2005. Reference materials regarding this
determination can be obtained via the Internet at
www.nwr.noaa.gov/1salmon/salmesa/pubs.htm. The NMFS decision not to
list the three Pacific stocks as ESA candidates came on the heels of the news
that the U.S. Fish & Wildlife Service (USFWS) will not list any additional
species under the ESA this year, claiming it is swamped by lawsuits seeking
"critical habitat" designations for some of the 1,225 species already listed
threatened or endangered. Under the U.S. Endangered Species Act, USFWS
and NMFS have responsibility for determining species for protection,
implementing protective measures, designating critical habitat and
developing recovery plans for those animals or plants to prevent their further
declines or extinctions.

BEING CONSIDERED: On 21 November, WorldCatch News Network
reported Maine Governor Angus King and the state's farmed salmon industry
are still considering whether to appeal the decision by the National Marine
Fisheries Service to list wild Atlantic salmon in eight Maine Rivers as
endangered under the federal Endangered Species Act (see Sublegals,
2:20/05). NMFS posted its notice in the 13 November Federal Register
stating that the proposed listing would become effective on 18 December, at
which point several federal agencies, including USFWS, the U.S. Army
Corps of Engineers (COE) and NMFS would begin a 30-month process of
developing regulations for Maine's salmon farmers. Information on the
listing is at http://www.nero.nmfs.gov/atsalmon.

Despite the dire condition of wild salmon in Maine, salmon growers are
complaining that the listing will increase their production costs. Among
other things, NMFS is considering limiting salmon farms to using native
American strains of Atlantics, instead of some of the European stocks
because of significant problems of escaped farmed fish. Included in the
increased costs, the growers say are those associated with marking all of
fish so that farmed salmon, which escape from pens, can be traced back to
the farm site where they were raised. Worldcatch reported a spokesman for
the salmon growers claimed the technology to do this is far from accessible
and could be prohibitively expensive at the beginning of the cost structure
farmed salmon operations, adding five percent to the cost of smolts. In
addition, the costs of engineering studies triggered if an escapee is traced
back to any of the 42 farm sites, would cost upwards of $500,000 per study,
the salmon growers allege. For more information, go to:

reports that the fate of the Biological Opinion (BiOp) for the recovery of
Columbia River salmon is uncertain and will depend either on its timing or
who the next Administration will be (see Sublegals, 2:20/07). The BiOp,
scheduled for a 15 December release, would require flow augmentation in
the Columbia and its tributaries to help salmon migration, but does not
consider removal of the four lower Snake River dams. The question about
the BiOp comes as a result of NMFS constantly failing to meet deadlines
which could mean the BiOp fate would be left to the new Administration.
Even though dam removal has been taken off the table for now in the BiOp,
Columbia River agriculture, hydro and barging interests are still opposed, not
wanting any flow augmentations whatsoever. If it is a Bush Administration,
these interests feel confident that the BiOp will be dead on arrival. U.S.
Senator Mike Crapo (R-ID), meanwhile, is attempting to get the BiOp
delayed by two to six months to leave its fate up to whoever is in the White
House next year. For more information on the Columbia River BiOp, go to:
http://www.newsdata.com/enernet/fishletter/fishltr114.html#2 .

PROTECT YUBA RIVER WILD SALMON RUN: In a front-page article,
by Glen Martin, in the 24 November San Francisco Chronicle, it was
reported that local water interests in a northern California county are
opposing proposals to modify or remove dams on the Yuba River in the
effort to protect and restore the largest remaining purely wild salmon
population in the Central Valley system. The Yuba is a tributary of the
Sacramento River; the Sacramento is currently the largest chinook salmon
producing river on the Pacific Coast. There are no hatcheries within the
Yuba basin creating a rarity among California rivers: a population composed
entirely of wild salmonids. Daguerra Dam, Englebright Dam, and New
Bullards Dam are three dams that have reduced available habitat and flow
resulting in past declines in the river's salmon populations; the dams also
pose a potential threat to the future health and productivity of this wild
particularly if more flows within the basin are diverted.

CalFed, the state-federal entity charged with restoring fish and
wildlife populations in the Bay-Delta system and providing a "secure" water
supply for California, has targeted Daguerra Dam for removal or remediation
with a goal of "complete fish passage past Daguerra, by whatever means are
necessary." Currently, salmon must enter a 4 foot by 5 foot space in order to
access the fish ladder. Shawn Garvey, executive director of the South Yuba
River Citizen's League (SYRCL) estimates that up to one-third of the 13,000
to 15,000 spawning chinook that make it up to the Yuba each year are
trapped downstream by the dam. The primary source of opposition to
removal of Daguerra Dam comes from the Yuba County Water Agency
(YCWA) that is responsible for allocation of water to local farmers and the
sale of surpluses. While local water needs are fully met and the system has
a surplus, YCWA has sought to expand its water storage enabling it to peddle
its water to downriver and downstate agricultural and municipal water

Eight miles upstream of Daguerra Dam is Englebright Dam which
completely blocks fish passage and thereby eliminates approximately 200
miles of potential spawning habitat. Garvey estimates the cost of removal or
modification of the dam, removal of mercury laden sediments, and
compensation for both local property owners and hydropower operators at $1
billion. Another dam, New Bullards Dam, on the North Fork of the Yuba,
has little impact on spawning habitat but creates the substantial New Bullards
Resevoir which, in a preliminary ruling by the State Water Resources
Control Board (SWRCB), will soon be mandated to release flows which will
triple the net flow of the Yuba. A final decision on the increased flows will
be made at the 4 December SWRCB board meeting. Full text of the article
can be found at: http://www.sfgate.com

Environmental and fishing groups, among others, have joined in a request to
the World Bank to assume responsibility for its role in the destructive Sardar
Sarovar dam project in India (see Sublegals, 2:16/15). This dam project will
displace at least 320,000 people and destroy the lives and livelihoods of
hundreds of thousands more. On 18 October, the Indian Supreme Court
authorized renewed construction on the project despite the fact that there is
no land available for resettlement and no resettlement plans nor have the
required comprehensive environmental impact assessments ever been
completed. Although the World Bank withdrew from the project in 1993, the
Bank is still legally obligated to make sure the Indian government complies
with the conditions of the original loan agreements. These conditions require
that a proper resettlement plan and environmental impact assessment are
carried out. The Bank approved the project in 1985 despite glaring violations
of its own guidelines and dispersed $280 million before canceling its loan.
For more information, contact Susanne Wong at: swong at irn.org .

ASILOMAR: The Pew Oceans Commission will meet 27-29 November at
Asilomar in Pacific Grove along California's Monterey Bay. The 20-
member blue-ribbon panel will hold two days of public meetings, on Monday
and Tuesday, focused on, among other things, ocean pollution. The
Commission was established earlier this year by the Pew Charitable Trusts
after the U.S. Congress failed to establish a federal ocean commission to
review the nation's oceans policies (Congress subsequently took action after
the creation of the Pew Commission, but the federal panel will not be named
until next year, at the earliest, by the new Administration from nominations
made by Congress). Chaired by New Jersey Governor Christine Todd-
Whitman (R), the Pew Commission intends to review U.S. ocean policy,
including that affecting fishing, and make recommendations to the Congress
and the Administration. The Commission includes two commercial fishing
representatives: PCFFA President Pietro Parravano, and Maine
Lobsterman's Association President Pat White. For more information,
contact Chris Mann, Ocean & Coastal Policy Coordinator at:
mannc at pewoceans.org .

Collaborative, a group of cooks from around the nation, have joined the
ranks of those publishing guides on what fish to eat and what to avoid, with
the release of "Seafood Solutions," a 16-page booklet intended by its authors
to answer some questions on what is sustainable seafood, what fish to eat,
what questions to ask suppliers, and where to get information on seafood
purchases that maintain sustainability. The Collaborative, thus, joins
Audubon, the Monterey Bay Aquarium, Environmental Defense, among
others, that have now pronounced judgement on what fish are sustainably
harvested, and therefore what seafood to buy and what to avoid.
Unfortunately for consumers looking for objective information and guidance
in their seafood purchases, many of the recommendations in the current
guides are conflicting.

In dealing with the maze of guides and conflicting information, the
Institute for Fisheries Resources has been developing its "Good Fish -
Seasonal, Healthful, Sustainable" program with some seafood restaurants
and conservation groups intended to bring together a large number of groups
(instead of each organization doing its "brand" guide) and develop objective
criteria on what is sustainable as well as provide consumers guidance on the
seasons of fish and information on the health aspects of eating various
varieties of fish and shellfish. This program is currently under development
by IFR and its collaborators. PCFFA, on the other hand, has been a long-
time proponent of better seafood labeling and in 1981 was the sponsor of
draft legislation (Preprint SB 14) by then-State Senator Barry Keene, who
chaired the California Legislature's Joint Committee on Fisheries &
Aquaculture, aimed at improving the labeling of fish sold in California. The
Legislation was opposed by fish processors and the restaurant association
and never went anywhere.

"Seafood consumers need better information than they usually get about
the variety and quality of seafood that they are considering buying.
When you buy wine, you know what variety of wine it is, you know where
it is bottled, and you usually know when it was bottled. When you buy
seafood, you should know what variety of fish it is, where and how it was
caught, and whether or not it is fresh".
............State Senator Barry Keene, 19 October
at an Interim Hearing in San Francisco
and Other Seafood Labeling"

For a copy of "Seafood Solutions," contact the Chefs Collaborative at
(781) 736-0635 or e-mail at cc2000 at chefnet.com . For a copy of the
transcripts of the 1981 California Legislative interim hearing on "Salmon and
Other Seafood Labeling," contact PCFFA at: (415) 561-5080 for availability.

Some California wineries have now joined some other growers in a "fish
friendly farming" program aimed at eliminating agricultural practices that
impair or threaten salmon populations (see Sublegals, 2:14/16). Part of the
program is a certification that is printed on the label of the wine. The
program was created in response to the recent endangered species listing of
northern and central California coastal chinook salmon, along with coho
salmon and steelhead trout, and the need to protect and restore the fish
populations within their watersheds. It was developed in the Russian River
watershed of California for grape growers and wineries, instituting an
incentive-based program to provide a rigorous certification process for
vineyards. Once certified, the wine made from these vineyards will carry a
"green" or eco-label, allowing the consumer to participate in restoring
salmon habitat.

Originally put together by the Sotoyome Resource Conservation District
in Sonoma County, with help from the California Department of Fish &
Game (CDFG), the National Marine Fisheries Service (NMFS), Friends of
the Russian River, and other organizations, "Fish Friendly Farming allows
a grower to learn about the best practices for obtaining improved
environmental conditions on the farm while retaining economic efficiency
for small family farmers," according to program participant and North Coast
Regional Water Quality Control Board member Bev Wasson. "It is a
blueprint to assist us and give us encouragement to modify our practices and
gain some positive recognition for our efforts."

For more information contact: the Fish Friendly Farming Program
Director, Laurel Marcus, at laurelm at ix.netcom.com Also see Friends of
the River's website: www.friendsoftheriver.org for additional information.

"Working at a Watershed Level" is the title of an introductory-level basic
training program for watershed group coordinators and members, agency
staff, consultants, landowners and others engaged in watershed issues in
California's Central Valley that will be held at California State University/
Fresno on 22-26 January 2001. The course is intended to provide a
foundation for considering ecological and socioeconomic issues in watershed
work across a wide range of public and private organizations. A motivating
force for developing the course was the need for a more cooperative,
coordinated approach to watershed management. For information, contact
CSU Fresno's Department of Earth & Environmental Sciences at:
watershed at listserve.csufresno.edu . The deadline for registration is 15
December; go to: www.dpla.water.ca.gov/sjd/sjrmp/workshop/index.html.

The U.S. Department of Interior's (DOI) Minerals Management Service
(MMS) has published its Notice of Intent (NOI) in the Federal Register to
proceed with new offshore oil drilling in the western Santa Barbara Channel,
offshore California, by scheduling public scoping meetings for the
preparation of an Environmental Impact Statement (EIS) for the projects.
This is being done in accordance with section 102(2)(C) of the National
Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. The proposed
projects include the sequential drilling of 5-8 delineation wells
from a single mobile offshore drilling unit on existing leases in Federal
Continental Shelf (OCS) waters in the Santa Maria Basin and western Santa
Barbara Channel. Previously, 28 exploration wells have been drilled in the
area where activities are proposed. According to MMS, the purpose of the
proposed drilling is to further delineate oil and gas resources on leases or
units that have previous commercial discoveries of oil and gas.

The Santa Barbara Channel is the sight of the massive 1968 oil spill and
where most of the offshore oil drilling along the U.S. Pacific Coast is taking
place. Oil and gas activities in that area have displaced fishermen from
traditional fishing grounds and disrupted fishing operations as the result of
debris on the seabed and displacement in harbors of the fishing infrastructure
by oil drilling supply activities.

According to MMS, the delineation drilling would occur on units where
there have been commercial oil and gas discoveries, and where MMS
believes that development could occur in the future. Therefore, the EIS will
also include a discussion of the potential impacts of the buildout of
production facilities as part of the cumulative analysis. The cumulative
analysis is to cover past, present, and reasonably foreseeable activities in
area of the proposed exploratory drilling. Subsequent to the delineation
drilling, detailed Development & Production Plans (DPP's) would be
prepared by the operators for the development of the leases in the future and
are expected to be submitted to the MMS and subjected to separate NEPA
analyses. The DPP's would also be submitted to the California Coastal
Commission for consistency with the California Coastal Management Plan.
Alternatives will include: (1) the action of drilling 5-8 delineation wells on
undeveloped leases in the Santa Maria Basin and western Santa Barbara
Channel; and (2) no action. Other possible alternatives that may be
considered include variations on the proposed action and alternatives
identified during the scoping process.

Questions concerning the DEIS should be directed to Maurice Hill,
Office of Environmental Evaluation,
Pacific OCS Region (MMS), 770 Paseo Camarillo, Camarillo, CA
93010-6064; Tel: ( 805) 389-7815. The public scoping meetings MMS will
conduct in Santa Barbara County are as follows: (a) 6 December 6, 1730 -
2100 HRS at Fess Parker's DoubleTree Resort, 633 East Cabrillo Blvd.,
Sierra Madre Room, Santa Barbara; (b) 22 January, 1730-2100 HRS at Allan
Hancock College, Marian Theatre, Bldg. D, 800 S. College Drive, Santa
Maria. Further details of the meetings will be posted on the MMS, Pacific
Region, homepage at http://www.mms.gov/omm/pacific . Scoping comments
on the EIS can also be submitted by e-mail to: ExplorationEIS at mms.gov.
The Draft Environmental Impact Statement (DEIS) is expected next summer.

RELEASES REPORT: California State Senator Dede Alpert (D-San
Diego) is expected to reintroduce her "rigs-to-reefs" legislation when the
California Legislature returns to session on Monday, 4 December. Her
previous bill, SB 241, failed passage at the end of the Legislative session in
August (see Sublegals, 2:09/16). The legislation would allow oil companies
to get out from under their legal obligation to remove old oil drilling
platforms and clean-up the seabed at the end of the life of a an offshore
Instead, the companies would take what they wanted from the rigs and topple
the rest on the seafloor as an "artificial fish reef." A fraction of the
to the oil companies in removal and clean-up costs would be dedicated to a
marine research fund under Alpert's measure of last year. That bill was
supported by the Sportfishing Association of California, United Anglers of
California and Chevron. It was opposed by PCFFA and most conservation

In the meantime, the University of California's Marine Council (UCMC)
has released its Decommissioning Report in response to Alpert's bill of last
year to review the efficacy of oil rigs as artificial reefs. That report is
posted on the UCMC website at:

PACIFIC COAST GROUNDFISH FMP: On 21 November, the National
Marine Fisheries Service (NMFS), published in the Federal Register, (Vol.
65, No. 225, pp.69898-69906) its proposed rule to implement portions of
Amendment 13 to the Pacific Coast Groundfish Fishery Management Plan
(FMP). Amendment 13 is intended to make the FMP consistent with the
bycatch provisions of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). Amendment 13, NMFS claims,
would also increase flexibility in the groundfish annual specifications and
management measures process to allow the Pacific Council to more easily
craft measures that protect overfished and depleted species, and would
amend the limited entry permit provisions to remove unused and outdated
limited entry permit endorsements. This proposed rule would introduce an
increased utilization program for the at-sea whiting fisheries, revise the
regulatory provisions for the routine management measures process, and
remove regulatory references to limited entry permit endorsements.

Comments must be submitted in writing by 5 January 2001 and sent to
either: Regional Administrator, NMFS Northwest Region, 7600 Sand Point
Way NE., Seattle, WA 98115; or Regional Administrator, NMFS Southwest
Region, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213.
Copies of Amendment 13 to the Pacific Coast Groundfish FMP and the
environmental assessment/regulatory impact review (EA/RIR) are available
from Donald McIsaac, Executive Director, Pacific Fishery Management
Council, 2130 SW Fifth Avenue, Suite 224, Portland, OR 97201. For more
information, contact either Bill Robinson at: bill.robinson at noaa.gov. ; or
Svein Fougner at: svein.fougner at noaa.gov.

IN EUREKA: The California Fish & Game Commission will meet 7-8
November in Eureka.. The first day of the meeting will include a field trip on
the Klamath River Basin with the State Water Resources Control Board
starting at 1030 HRS. The Friday session will include discussion items on the
restricted access pink shrimp trawl fishery, groundfish, and nearshore
fisheries. For a more detailed agenda go to:

CALIFORNIA COAST: On Tuesday, 22 November, the California
Coastal Commission heard a proposal by Southern California Edison to build
a nuclear waste storage facility at its nuclear power plant at San Onofre, in
Orange County (near Oceanside) on the California Coast. Although it is
called "temporary" the facility will consists of three concrete pads 25,550
feet in size. The pads will not even be fully built until 2015, and will be
utilized for decades thereafter.

According to a report by the Sierra Club's Mark Massara, the Coastal
Commission staff recommended the project be approved, primarily because
such things are (according to staff) better left to the federal government.
Unfortunately staff's report was only 15 pages long, with only 2.5 pages of
the impacts and analysis of the project's adverse environmental impacts.
Among other things staff failed to analyze the existence of nearby faults
capable of 6.9 magnitude earthquakes (that could put the radioactive waste
into the sea). Further, no analysis was included regarding the impacts of
expected sea-rise, which may put the facility underwater during its
supposedly "temporary" life.

During the proceedings it became apparent that the Commission routinely
requires more study for proposals to build a single home or a seawall than
were required of Edison to build a nuclear waste dump. Many Orange
County residents, including elected officials from the City of San Clemente,
opposed the plan. While the Commission is precluded by federal law from
regulating nuclear waste, it is within its legal authority to insure geologic
safety and other issues such as erosion, sea-rise and tsunami dangers. In the
face of numerous geologic and other environmental issues, the Commission
voted to continue the matter.

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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