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~~>FISHLINK SUBLEGALS 9/15/00<~~
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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. 11 15 SEPTEMBER 2000
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2:11/01. CALIFORNIA ACTS TO PROTECT KRILL; SALMON
STAMP AND CRAB LIMITED ENTRY PROGRAMS EXTENDED: On
Tuesday, 12 September, California Governor Gray Davis signed AB 2482
that prohibits any fishery for krill off the state for the next ten years (see
Sublegals, 2:09/19). The bill, by Assemblywoman Virginia Strom-Martin (D-
Duncan Mills) was requested by the Pacific Coast Federation of Fishermen's
Associations (PCFFA) and makes California the first state to stop any
potential fishery for krill of both the genus Thysanoessa or Euphausia. Krill
are an important forage organism for salmon and a number of other fish, sea
bird and marine mammals populations. Strom-Martin's bill was in response
to the krill fishery that has begun in Canada, to prevent a similar fishery
from
starting in California. After 1 January 2011, a fishery for krill could be
established, but only under regulations adopted by the California Fish &
Game Commission.
As a result of the Strom-Martin bill, California becomes the first
government to take action protecting the ocean food web at both the bottom
and the top. In the early 1990's the state passed legislation carried by
then-
Assemblyman Dan Hauser (D-Arcata), at the request of PCFFA and the
Center for Marine Conservation (CMC), to protect the great white shark. In
addition to protecting krill, AB 2482 also extends California's Dungeness
crab limited entry statute, and the Commercial Salmon Stamp Program that
has raised millions to rebuild salmon populations and restore salmon habitat.
"Without the Salmon Stamp there would probably be no commercial or
sport salmon fishery along our coast," said PCFFA President Pietro
Parravano, a Half Moon Bay commercial fisherman. "This industry-imposed
tax that our organization developed over two decades ago has put hundreds
of thousands of fish on deck, helped keep some salmon runs from extinction,
and leveraged millions more dollars to fund salmon and watershed recovery."
To view AB 2482 go to the Assembly website at:
http://www.assembly.ca.gov.
2:11/02. FISHING AND CONSERVATION GROUPS SUE NMFS
AND EPA FOR FAILURE TO PROTECT SALMON UNDER ESA
AND CWA: On Tuesday, 12 September, Earthjustice Legal Defense Fund,
on behalf of PCFFA, the Washington Environmental Council, Pacific Rivers
Council, the Northwest Ecosystem Alliance and the Institute for Fisheries
Resources, filed suits in U.S. District Court in Seattle challenging new
rules
developed by the National Marine Fisheries Service (NMFS) and the U.S.
Environmental Protection Agency (EPA) for salmon protection. The rules
apply to 160,000 acres of salmon watersheds in Washington, Oregon and
California; but it only affects steelhead in California.
The first suit challenges the new 4(d) rules adopted by NMFS in June (see
Sublegals, 16 Jun 00) under the Endangered Species Act (ESA) allowing
exemptions from the take provisions of the Act for local government plans.
The second suit challenges the EPA under the federal Clean Water Act
(CWA) for approval of one of those local plans, Washington State's Forest
& Fish Agreement. Plaintiffs argue that the 4(d) exemptions proposed by
NMFS "amount to sweetheart deals for developers and the timber industry."
The suit states that 4(d) rules, intended to recover species, will, as NMFS as
developed them for salmon, actually be putting the fish in more danger.
"If we are serious about recovery, the rule should encourage state and
local governments to develop science-based salmon recovery plans that
work," commented the Washington Environmental Council's Joan Crooks.
"Instead this rule encourages a political version of "Let's Make a Deal."
For
more information, contact Earthjustice Legal Defense Fund at: (206) 343-
7380.
2:11/03. IF YOU'VE GOT THE TIME, THEY'VE GOT THE CHAT:
The National Fisheries Conservation Center has announced a new web page
on fisheries issues that it launched on Monday, 11 September. It's focus will
be on the restructuring of the fishing industry. It is a moderated site,
intended to foster communication and promote reasoned dialogue and civil
discourse for fishermen, advocates, scientists and the public. For more
information, go to: http://www.nfcc-fisheries.org.
2:11/04. CALIFORNIA CLOSES INSHORE HALIBUT GILLNET
FISHERY, HALIBUT, SEA BASS, SHARK, KINGFISH AFFECTED:
On Tuesday, 12 September, the California Department of Fish & Game
announced emergency closures of the gillnet fishery (principally for the take
of California halibut) in waters less than 60 fathoms, effectively closing the
fishery for the use of that gear. The closure was in response to observer
data
during the past two years that thousands of common murres and harbor
porpoise were being taken in halibut nets in Monterey Bay. The closure was
also a result of concerns the trammel nets might catch sea otters in the area
off northern Santa Barbara County where the otter population has been
expanding. It not only affects halibut nets, but those for sea bass, shark
and
kingfish where there have been no reported bycatch problems.
The observer data only became available to the leadership at Fish & Game
and PCFFA a few months ago, although it reportedly was known by some
low level agency officials and officials at the Monterey Bay National Marine
Sanctuary for a year or more. PCFFA, the Department, other wildlife
agencies, conservation and fishing groups had worked together in the 1980's
developing legislation aimed at putting the nets in areas where they would
not take seabirds or marine mammals. It had been thought those statutes
were working and the problems with seabird and porpoise take had been
resolved. The one concern had to do with the southern expansion of the
otters into an area that had been kept open for the halibut trammel net
fishery
between Point Arguello and Point Sal (Santa Barbara County). Although
there had been no documented takes of otters, a bill had been introduced in
the California Legislature this session by Friends of the Sea Otter to close
the
remaining fishery in this area; a measure that was subsequently withdrawn.
"Our organization has worked hard to try to make sure our fisheries are
as clean as possible." said PCFFA Executive Director Zeke Grader. "We are
extremely unhappy about the fact that action was not taken when the
observers first saw signs of problems to bring all sides together to try to
resolve it, either by modifying or changing gear or the places where it was
set. This could have saved thousands of birds and mammals and perhaps the
jobs of the fishermen."
The emergency closure is for 120 days. A public hearing has been
scheduled for Monday, 18 September, at Seaside (near Monterey) to take
testimony. The hearing will be at the City Hall, 440 Harcourt Avenue from
1600-1800 HRS. For more information, contact the Department of Fish &
Game at (831) 649-2894.
2:11/05. TANGLE GILLNET BEING TESTED IN WASHINGTON
STATE AIMED AT IMPROVING SURVIVAL OF NON-TARGET
SALMON: In a 12 September press release, the Washington Department of
Fish & Wildlife (WDFW) announced it has begun testing an experimental
tangle-type of gillnet designed to increase the survival rate of fish returned
to the water got under way this week in Willapa Bay. Three local gillnetters
under contract with WDFW began fishing at the mouths of the Willapa and
Naselle rivers with customized nets, half of which are rigged as traditional
gillnets and the other half as "tangle nets." According to a WDFW
spokesman, the advantage of tangle nets over traditional gillnets is that they
do not smother salmon by compressing their gills. Instead, salmon become
entangled in the small, loose weave of the tangle net and can be disengaged
with relative ease. Tangle nets are already being used on a voluntary basis in
the British Columbia salmon gillnet fishery.
Test fisheries using tangle nets recently have been conducted in both
northern and southern Puget Sound but WDFW is committed to conducting
the tests over a broad geographical area. "In the new era of selective
fisheries, it is becoming increasingly important for fishers to be able to
target
certain species and release non-targeted species unharmed," according to the
WDFW spokesman. "If we can find ways to improve survival rates, we may
ultimately be able to open more areas to fishing that would otherwise remain
closed. For more information, contact the Washington Department of Fish &
Wildlife, Attention: Craig Bartlett (360) 902-2259
2:11/06. PACIFIC OCEAN SALMON LANDINGS UP
SIGNIFICANTLY OVER LAST YEAR: According to figures released
this week by the Pacific Fishery Management Council (PFMC), ocean troll
chinook landings through August were at 650,437 fish, compared to 350,426
for same period in 1999 and 339,929 in 1998.Of the total chinook number for
the 2000 season, 537,012 were landed in California, not surprising since the
Central Valley system currently produces most of the king salmon landed off
the three states. In the sport fishery, 188,456 chinook have been landed to
date this season compared with 92,900 in 1999 and 119,900 in 1998.
A combination of wet winters, some habitat/flow improvements ordered
under the Endangered Species Act (ESA) and, in California, the Central
Valley Project Improvement Act (CVPIA), and good oceanic conditions are
all attributed with contributing to the larger population, good survival and
greater girth of individual fish. Fort Bragg, once the major ocean salmon
fishing port on the west coast, which has been all but shut-down in recent
years due to closures ordered to increase returns to the Klamath River Basin,
is enjoying a spectacular September, the one month that northern California
harbor is now open to commercial salmon fishing. For more information,
visit the PFMC website at: www.pcouncil.org.
2:11/07. COLUMBIA BIOP HEARINGS: On 12 September, Senator
Gordon Smith's (R-OR) Water & Power Subcommittee of the Senate Energy
& Natural Resources Committee held hearings on the recently released
Columbia River Biological Opinion (BiOp) and recovery plan (see Sublegals
2:04/04). Committee members Senators Slade Gorton (R-WA) and Larry
Craig (R-ID), who oppose breaching Columbia Basin dams, were highly
critical of fishery agency witnesses at the hearing. Senator Gorton also
announced his intention to introduce a 'rider' in the Interior Appropriations
bill Conference Committee to block implementation of future feasibility
studies, mitigation studies and cost/ benefit studies called for under the
BiOp
that are in any way related to comparisons of non-dam options to dam
decommissioning, raising fears that his action would 'crash' the BiOp before
it has even been finalized. The witness list and copies of testimony are
available from the Subcommittee at:
http://energy.senate.gov/hearings/hearings_frames.htm
On 13-14 September, Senator Michael Crapo's (R-ID) Fisheries,
Wildlife & Drinking Water Subcommittee of the Senate Environment &
Public Works Committee held two days of hearings on the same issue.
Senator Crapo and many witnesses expressed concerns that the current heart
of the NMFS BiOp (the Cumulative Risk Index or CRI Model) was
developed internally by NMFS with virtually no outside input, has never
been subjected to scientific peer review, and that many aspects of the BiOp
were not done collaboratively with agencies that could have contributed
significantly to an improved product. PCFFA's Glen Spain testified at that
hearing, raising similar concerns and also emphasizing the enormous damage
that the current status quo has inflicted on the entire west coast's salmon
fishing industry, all the way from Central California to Alaska. The
Subcommittee hearings are available in streaming video and downloadable
copies of all testimony are at:
http://www.senate.gov/~crapo/epw_hearing_09132000.htm . PCFFA's
testimony is also available on its website at: http://www.pond.net/~pcffa.
2:11/08. GORTON RIDER WOULD BLOCK SNAKE RIVER
RESTORATION AND PREVENT FUNDING FOR DAM REMOVAL
STUDIES: As reported above, Senator Slade Gorton has announced he will
introduce an amendment (called a rider) that would prohibit federal agencies
from spending any money to further study dam removal to save endangered
SnakeRiver salmon. The intent of this rider is directly counter to the
recently
released draft Snake River salmon recovery plan. The plan directs agencies to
undertake actions to help the salmon and initiates further engineering and
economic study of dam removal so that this option will be quickly available
should other actions fail to restore the salmon.The rider is especially
dangerous because Senator Gorton is taking it in the backdoor by attaching it
to an appropriations bill in Conference Committee. Congress will not have
an opportunity to vote on it.
In its 15 September letter to members of the Senate, PCFFA wrote, "Such
a rider risks crashing the painfully obtained and comprehensive Columbia
and Snake River salmon recovery plan reflected in the Administration's just
released Draft Biological Opinion before it is even weeks old. Forbidding
any recovery options at this point, even though many may ultimately prove
unnecessary, is highly premature and extremely counterproductive." For
more information go to: http://www.removedams.org.
2:11/09. ARMY CORPS BIAS EXPOSED IN WASHINGTON POST:
A series of articles by Washington Post investigative reporter Mike
Grunwald has exposed a long history of systematic Army Corps of Engineers
bias in favor of construction projects designed to pad out agency budgets,
regardless of their environmental damages. In a 12 September article, it was
reported the Corps' deliberate suppression and rewriting of cost benefit
analysis studies failed to support its preferred option of retaining its
Snake
River dams is highlighted. Several outside contractors hired to provide fish
restoration benefit figures found their studies ignored, suppressed and in
some cases arbitrarily rewritten internally in order to come to a much lower
benefit figure, so that the Corps could state in its Draft Environmental
Impact
Statement (DEIS) that the costs of decommissioning the Snake River dams
were greater than the benefits. In fact, contractor studies showed just the
opposite. For a copy of the Washington Post article, or to review it, go to
the newspaper's website at:
http://washingtonpost.com/wp-dyn/nation/specials/aroundthenation/
corpsofengineers/A51988-2000Sep11.html .
2:11/10. KLAMATH WATER SUPPLY BILL MOVING TO
MARKUP: A joint bill by Oregon Senators Ron Wyden (D-OR) and
Gordon Smith (R-OR), S. 2882, the 'Klamath Basin Water Supply
Enhancement Act,' is scheduled for a Senate Energy & Natural Resources
Committee markup 20 Sept. in an effort to move this bill forward before the
end of the 106th Congress, now scheduled for the first week of October. The
bill would authorize feasibility studies on ways to store more total water
within the Upper Klamath Basin and the Klamath Project so that competing
interests of fish and wildlife protection and irrigation could be better met.
In
a dry year (such as this year) these conflicting mandates are often pitted
against each other because of overall lack of available water. PCFFA has
been working with both Senators to improve the bill in ways acceptable to
a broader constituency, including sport and commercial fishermen,
conservation groups and upper river irrigators. "It's a concept we have
always supported," says PCFFA's Northwest Director Glen Spain. "Its in
everybody's best interest to make the pie larger instead of constantly
fighting
over a diminishing resource. If this bill can be limited to doing the needed
studies, with appropriate protection for fish and wildlife, we will strongly
support it." The status and text of S. 2882 is available from the Library of
Congress at: http://thomas.loc.gov.
2:11/11. PACIFIC FISHERIES LEGISLATIVE TASK FORCE TO
MEET IN ALASKA: The Pacific Fisheries Legislative Task Force,
consisting of members of five west coast state legislatures (Alaska,
California, Oregon, Washington and Idaho) and the British Columbia
parliament, will meet 21-24 September in Dutch Harbor. For more
information on the meeting, contact Mary Morgan at: mamorgan at jps.net.
2:11/12. ESTUARY HABITAT RESTORATION BILL PASSES
HOUSE: On Tuesday, 12 September, the U.S. House of Representatives
passed the Estuary Habitat Restoration Partnership Act, H.R. 1775, sponsored
by Representatives Wayne Gilchrest (R-MD) and Ellen Taucher (D-CA). The
bill dedicates new federal resources to revitalizing the San Francisco
Bay-Delta estuary and other coastal communities, setting a goal of restoring
one million acres of essential coastal habitat. San Francisco Bay and Delta is
the most important estuary biologically on the west coast of North and South
America.
H.R. 1775 brings more than $75 million in new federal resources to
coastal restoration, improves coordination of federal government agency
efforts, and encourages collaborative public-private partnerships for
watershed planning and restoration. The San Francisco Bay and the
Sacramento/San Joaquin Delta, for example, is in desperate need of large
scale wetlands and related habitat restoration after 150 years of degradation
from pollution, landfill and shoreline development. The bill also helps
maintain a way of life for the people who have made their livelihood from
estuaries for generations - from Chesapeake Bay crabbers to Louisiana
shrimpers - and preserves this extraordinary heritage for future generations.
A comparable bill introduced by the late Senator John Chafee (R-RI), S. 835,
was passed by unanimous consent by the U.S. Senate in March 2000. For
more information, contact David Lewis with Save the Bay at:
dlewis at savesfbay.org.
2:11/13. NMFS HELD IN VIOLATION OF NEPA FOR FAILURE
TO ASSESS IMPACTS ON ESSENTIAL FISH HABITAT: On 14
September, U.S. District Court Judge Gladys Kessler ruled that the National
Marine Fisheries Service (NMFS) violated the National Environmental
Policy Act (NEPA) when it failed to properly assess fishing gear impacts on
fish habitat and analyze a range of alternatives to protect essential fish
habitat
(EFH) in the Caribbean, Gulf of Mexico, New England, Pacific and North
Pacific Fishery Management Council regions. The case, American Oceans
Campaign v. William Daley, et al., 99-982, was brought in the D.C.
Federal District Court. The ruling stems from a lawsuit filed in May 1999 by
the Ocean Law Project of Earthjustice Legal Defense Fund on behalf of
AOC, and eight other plaintiffs (including PCFFA, IFR and the Cape Cod
Commercial Hook Fishermen's Association) against then-Secretary of
Commerce William Daley, the National Oceanic & Atmospheric
Administration (NOAA) and NMFS challenging the federal fishery agency's
failure to assess fishing impacts and take measure to protect EFH as required
under the 1996 Sustainable Fisheries Act amendments to Magnuson-Stevens.
For more information, contact Stephen E. Roady, Esq. at:
sroady at earthjustice.org.
2:11/14. PFMC GROUNDFISH TEAM TO MEET. OBSERVERS
PROPOSED FOR PACIFIC GROUNDFISH FISHERY: The Pacific
Fishery Management Council's (PFMC) Groundfish Management Team
(GMT) will hold a working meeting which is open to the public. The GMT
working meeting will begin Monday, 2 Octover, beginning at 1300 HRS and
continue through Friday, the 6th, ending at 1400 HRS, and may go into the
evening until business for the day is completed. It will be held at the
Pacific
Council office, Conference Room, 2130 SW Fifth Avenue, Suite 224,
Portland, OR; telephone: (503) 326-6352. For more information, visit the
PFMC website at: www.pcouncil.org.
The National Marine Fisheries Services has announced that it proposes to
amend the regulations implementing the Pacific Coast Groundfish Fishery
Management Plan (FMP) to provide for an at-sea observation program on all
limited entry and open access catcher vessels. This proposed rule would
require vessels in the groundfish fishery to carry observers when notified by
NMFS or its designated agent; establish notification requirements for vessels
that may be required to carry observers, and establish responsibilities and
define prohibited actions for vessels that are required to carry observers.
The
at-sea observation program is intended to improve estimates of total catch and
fishing mortality. Comments on this proposed rule must be received by 16
October, and should be sent to Donna Darn, Acting Administrator, Northwest
Region, NMFS, 7600 Sand Point Way N.E., BIN C15700, Bldg. 1, Seattle,
WA 98115-0070. Comments also may be sent via fax to (206) 526-6736.
Copies of the Environmental Assessment/Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (IRFA) may be obtained from the Pacific
Fishery Management Council by writing to the PFMC at 2130 SW Fifth
Avenue, Suite 224, Portland OR 97201, or calling (503) 326-6352. This
proposed rule also is accessible via the Internet at the Office of the Federal
Register's website at: http://www.access.gpo.gov/su_docs/aces/aces140.html.
2:11/15. STATE OF ALASKA TO APPEAL STELLER SEA LION
CLOSURE: According to a 12 September report by National Fisherman,
the State of Alaska will ask the U.S. Ninth Circuit Court of Appeals to
overturn a federal judge's decision to close vast amounts of waters to the
state's groundfish fishermen in order to protect endangered Steller sea lions
(see Sublegals, 2:04/09, 2:03/06). U.S. District Judge Thomas Zilly's July
ruling closes 20-mile swaths around Steller sea lion rookeries from Prince
William Sound and areas west covering some 50,000 square miles in total.
The ban affects close to 95 percent of the groundfish fleet's traditional
fishing grounds; half the groundfish harvested is normally found in those
areas. Fishermen say the ruling will most affect smaller boats that will be
forced to travel substantially farther from shore into deeper -- and more
dangerous -- waters.
The appeal, one of several being taken by the state on behalf of the
state's
groundfishermen, was announced Monday by Alaska Governor Tony
Knowles. According to Knowles, the state is also taking other steps on behalf
of the state's $1 billion bottomfish industry. Knowles has written to
President
Clinton asking him to expedite a comprehensive biological opinion NMFS
is preparing regarding the nation's largest fishery and the sea lions. NMFS
is slated to complete the biological opinion in October. For more information
go to: http://www.nationalfisherman.com/ondeck/news/news.html.
2:11/16. SIXTEEN NATIONS VIE TO BE HOME FOR NEW
PACIFIC FISH COMMISSION: On 13 September, the World Catch News
Network reported sixteen different nations are seeking to headquarter the
newly established Commission to regulate Pacific highly migratory stocks
(see Sublegals, 2:10/08, 2:09/11). While there has been no agreement about
a home for the new organization, the 28 nations and territories who took part
in the Honolulu convention have agreed to set fishing quotas for four species
of tuna and other fish species, allocate catch limits, place observers on
fishing boats of major international fleets, regulate shipment of fish at sea
and establish a fee system to fund various activities of the commission,
including regulation and enforcement. The two-thirds required for adoption
of the convention was cleared, with 19 nations voting in favor, Japan and
Korea in opposition, and China, France and Tonga abstaining, the Network
reported.
Not all of the representatives agreed on the provisions of the
convention.
Japan expressed concern about the decision-making process, saying it doesn't
give it the right to opt out of regulations it considered inappropriate. It
also
disagreed, among other things, with the northern boundary, the observer
program and dispute settlements. China argued against membership status
by fishing entities. In particular, China did not approve the membership
status recommended for Taiwan, which is considered a "fishing entity" rather
than an independent nation. It also expressed concern about boardings of
vessels and stressed that the convention area should not include the South
China Sea. New Zealand, meanwhile has been nominated as the depository
for the instruments of ratification until a home is found. A preparatory
conference will convene in six months so the functioning of the commission
can begin immediately upon the conventions entry into force. For more
information, go to: http://commerce.worldcatch.com/default.asp.
2:11/17. ROV CRUISE SCHEDULED FOR CORDELL BANK:
Beginning 1 October and extending through the 8th, the Cordell Bank
National Marine Sanctuary will be operating a remote controlled vessel
(ROV) to characterize deep water habitats on Cordell Bank and conduct
reconnaissance on biological resources on this highly productive fishing
grounds north and west of the entrance to San Francisco Bay. Cordell Bank
was made part of the national sanctuary program in 1983 with the support of
the fishing industry seeking to protect the fishing grounds from oil drilling
and dumping. The week-long research effort will also involve acoustic use
to estimate krill and groundfish populations and plankton tows. The ROV
will be operated off the R/V Velero IV, a 110 foot ship. For more
information, contact Cordell Bank Sanctuary Manager Dan Howard at:
dan.howard at noaa.gov.
2:/11/18. CORRECTIONS - WINTER-RUN ESTIMATES HIGH;
IT'S STELLE, NOT STEELE; AND DID WE SAY OCTOBER
INSTEAD OF SEPTEMBER?: In last week's issue, at 2:10/16, it was
reported Sacramento winter-run chinook numbers were at 10,000 spawners.
That optimistic number, reported by the Sacramento Bee quoting CALFED
official Dick Daniels was apparently incorrect. The official count at the Red
Bluff Diversion Dam for this year was 1403 fish. This is still a good number
and may be higher since with the gates lifted at the dam, many fish are now
missed.
In another article last week at 2:10/11, outgoing NMFS Northwest
Director Will Stelle's name was misspelled (sorry to everyone named
Steele). Stelle, by the way, will be joining the old Seattle law firm of
Preston, Gates & Ellis.
Finally, it was incorrectly reported last week at 2:10/03, that the
Pacific
Fishery Management Council meeting was 11-16 October. Sorry, if you
missed it, but it was 11-16 September. Our apologies for that, although
considering that meeting......
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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