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~~>FISHLINK SUBLEGALS 6/22/01<~~
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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. 25 22 JUNE 2001
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IN THIS ISSUE...
Congress, Courts Say No to New Offshore Drilling. See 3:25/01.
Appointments to Federal Ocean Commission Announced. See 3:25/03.
Public Hearing on Emergency Coho Regulations. See 3:25/04.
Klamath Basin Buyouts, Calls for Coastal Hearings. See 3:25/05 & 3:25/06.
Irrigation Districts Scramble to Comply with Clean Water Act. See 3:25/10.
NRC Study on Bottom Trawl Impacts. See 3:25/14.
AND MORE...
**********************************************************
3:25/01. CONGRESS, COURTS SAY NO TO NEW OFFSHORE
DRILLING; WAVE AND TIDAL ENERGY GETS NEW LOOK: On
21 June, the U.S. House of Representatives voted in the FY 2002 Interior
Appropriations bill to ban any new offshore oil drilling along the Florida
coast and ban, as well, oil drilling within National Monuments. On 22
June, in Oakland, California, U.S. District Court Judge Claudia Wilkens
announced her decision that California can require oil company compliance
with state environmental laws for those federal offshore tracts (mostly off
Point Arguello) that have been leased but not yet developed.
On Thursday, the House approved by a 247-164 vote an amendment
offered by Representatives Jim Davis (D-FL) and Joe Scarborough (R-FL)
to block finalization of a oil lease sale in a section of the Gulf of Mexico
17 miles off the coast of the Florida panhandle. The sale is opposed by
Florida Governor Jeb Bush, the President's brother. In the same Interior
Appropriations bill, the House also voted to approve an amendment by
Representative Nick Rahall (D-WV) to ban oil drilling in National
Monuments. Meanwhile, Judge Wilkens' Friday ruling means that the
California Coastal Commission will likely have the final say on the fate of
the 36 undeveloped leased tracts along the south-central California coast.
As Congress and the Courts dealt a blow to new offshore drilling, new
attention is being focus on energy derived from ocean waves and tidal
action. In an Associated Press article in the 10 June Santa Rosa Press-
Democrat, it was reported that "Wave Rider," a technology developed by
Berkeley, California based Sea Power & Associates, would develop energy
through a series of lightweight concrete floats that would sit one to two
miles offshore connected to a hydraulic pump extending down 60 feet to
the ocean floor. The up-and-down motion of the waves would create the
pressure driving the hydraulic pump, which in turn drives turbines to
generate electric power. The concept, utilizing renewable energy from the
sea (as opposed to oil gotten offshore), is not unlike that proposed by
PCFFA's former president, the late Nat Bingham, some two decades ago
of utilizing buoys for breakwaters and capturing the energy of the up-and-
down motion to create a hydrogen fuel source.
3:25/02. MMS HEARINGS ON OFFSHORE "DELINEATION
WELLS": The U.S. Department of Interior's Minerals Management
Service (MMS) has announced the availability of its Draft Environmental
Impact Statement (DEIS) on the drilling of "delineation wells" offshore
central California. MMS is the federal agency responsible for the leasing
and development of offshore oil tracts in U.S. waters. The agency will
hold two public hearings, on 10 July in Santa Barbara and 12 July in Santa
Maria (both beginning at 1300 HRS), to receive comments on the DEIS for
preparation of an evaluation on the potential effects of the proposed drilling
activities. The second comment opportunity is by direct mail or e-mail.
The DEIS is available on CD-ROM from MMS' Pacific Region. For
information on the DEIS, the CD-ROM or to submit comments, call (805)
389-7621 or go to: http://www.mms.gov/omm/pacific/enviro/EIS/DEIS.htm
3:25/03. APPOINTMENTS TO FEDERAL OCEAN
COMMISSION ANNOUNCED - NO COMMERCIAL OR SPORT
FISHING REPRESENTATIVES: U.S. President George W. Bush
announced 15 June the appointment of the sixteen individuals to serve as
members of the Commission on Ocean Policy. The Commission was
created by Congress in 2000. Twenty four nominees are presented to the
President from Members of Congress: eight from the then-Majority Leader
of the Senate, from which four were appointed; eight from the Speaker of
the House, from which four were appointed; four from the Minority Leader
of the Senate, from which two were appointed; four from the Minority
Leader of the House, from which two were appointed; and four
independently appointed by the President.
Appointees nominated by the Speaker of the House: Robert Ballard of
Connecticut; James D. Watkins of Maryland; Paul L. Kelly of Texas; and
Ted A. Beattie of Illinois. Appointees nominated by the Minority Leader
of the House: Lawrence Dickerson of Texas; and Marc J. Hershman of
Washington. Appointees nominated by Senator Trent Lott: Ed Rasmuson
of Arkansas; Christopher Koch of Virginia; Paul G. Gaffney of
Washington, DC; and Andrew A. Rosenberg of New Hampshire.
Appointees nominated by Senator Tom Daschle: James M. Coleman of
Louisiana; and Paul A. Sandifer of South Carolina. Appointees of the
President: William D. Ruckelshaus of Washington; Ann D'Amato of
California; Frank Muller-Karger of Florida; and Lilliam Barrone of New
Jersey.
The affiliations of the appointees to the federal oceans commission are:
5 Industry Reps - 3 oil executives (Rasmuson, Kelly, Dickerson), 2
ports/shipping (Koch, Borrone); 4 Academics (Rosenberg, Coleman,
Hershman, Muller-Karger); 2 Navy Admirals (Gaffney and Watkins); 2
Aquarium/Ocean Explorer (Ballard, Beattie); 2 State/local officials
(Sandifer, D'Amato); and one former Administrator of EPA (Ruckelshaus).
Unlike the Pew Oceans Commission, there are only two women (Borrone
and D'Amato), and no commercial or recreational fishermen on the federal
commission. As a contrast, on the 20-member Pew Commission there are
two commercial fishing and one sport fishing representatives, along with
two current Governors, a former White House Chief of Staff, fishery
scientists, business leaders, a former astronaut, and a number of women.
For more info, go to:
http://www.whitehouse.gov/news/releases/2001/06/20010615-14.html.
2:35/04. PUBLIC HEARING ON EMERGENCY COHO
REGULATIONS: The draft environmental document for the notice of
preparation for Section 2084 emergency regulations for the incidental take
of coho salmon north of San Francisco was filed by the California
Department of Fish & Game (CDFG) with the State's Office of
Administrative Law (OAL) on 4 June. A public hearing will be held on 28
June from 1300 - 1700 HRS in the DeMeo Room at the Steele Lane
Community Center, 415 Steele Lane, Santa Rosa, California to provide an
opportunity for agencies and the public to provide comment on the special
order. The rules are promulgated pursuant to the unanimous decision by the
California Fish & Game Commission on 5 April to list the coho as a
candidate species (See Sublegals, 3:14.21) under the California Endangered
Species Act (CESA). These emergency regulations will govern the take
of coho salmon during the candidacy period for inland, ocean sport and
commercial fishing, suction dredging, research and monitoring, hatchery
operations, habitat restoration, extraction of gravel resources, water
diversions, streambed alteration agreements, Pacific Lumber Company
Habitat Conservation Plan, forest practices and any other activities that
could involve take. Public comment may also be sent to the following
address: Coho Salmon 2084 Environmental Document , CDFG, Native
Anadromous Fish & Watershed Branch, 1807 13th Street, Suite 104,
Sacramento, CA 95814 For the text of the "Special Order Relating to
Incidental Take of Coho Salmon During Candidacy Period" go to:
http://www.dfg.ca.gov/fg_comm/749_1regs.htm.
3:25/05. KLAMATH PROJECT BUYOUTS PROPOSED,
FEDERAL AID IN DISPUTE: In the continuing saga of water reforms
in the Upper Klamath Basin (see Sublegals 3:24/01, 3:20/01, 3:19/01,
3:17/02, 3:15/07, 13:14/01, 3:13/02), a coalition of willing sellers has
signed contracts to sell out their land and water rights in the Upper
Klamath Basin as part of an effort to shrink the size of the Klamath
Irrigation Project to more sustainable levels. The Project, managed for
years by the U.S. Bureau of Reclamation solely to supply irrigation water,
cannot meet all its legally obligated water requirements in 7 out of 10 water
years, according to their own models, resulting in severe water shortages
which have been exacerbated by the current record drought. See:
http://www.oregonlive.com/printer/printer.ssf?/environment/oregonian/
lc_71kfall16.frame.
Meanwhile, $20 million in federal disaster relief has been approved in
a special supplemental appropriations bill in the House of Representatives,
but is stalled in the Senate due to pressure from the many farm states whose
residents are also suffering from severe drought. U.S. Senator Gordon
Smith (R-OR) has pledged to use all his powers to restore those funds if
necessary. For more info see the 22 June Oregonian at:
http://www.oregonlive.com/printer/printer.ssf?/news/oregonian/nw_61s
mith22.frame. For more information on the Klamath Project and how its
devastates downriver salmon runs see: www.pcffa.org/klamath.htm.
3:25/06. CALL FOR COASTAL HEARING IN EUREKA ON
KLAMATH BASIN WATER CRISIS: At a Congressional hearing held
Saturday, 16 June in Klamath Falls, Oregon, PCFFA Executive Director
Zeke Grader called on the members of the House Resources Committee to
stop focusing just on farmers and to hold a second hearing in coastal
Eureka, California, to consider the federal Bureau of Reclamation Klamath
Irrigation Project's devastating impacts on fish and fish-dependent
communities as well (see Sublegals, 3:24/01). Meanwhile, the California
Legislature's Water, Parks & Wildlife Committee passed out on Tuesday,
19 June, a Resolution (AJR 14) calling for a "God Squad" to exempt
Klamath Irrigation Project operations from compliance with Endangered
Species Act (ESA) provisions intended to prevent the extinction of coho
salmon and two species of upper lake fish. The ESA brings water reforms
to the Klamath River Basin by requiring minimum water levels in the river
and Klamath Lake. The basin is also suffering from the worst drought in
73 years. For a copy of the press release calling for the Eureka hearing, go
to: www.earthjustice.org/news/print.html?ID=199 . For a copy of
PCFFA's 16 June Klamath Falls testimony, go to:
www.pcffa.org/klamath.htm.
3:25/07. DAM TO PREVENT TOXIC EFFLUENT FROM
ENTERING SACRAMENTO: The Redding Record Searchlight reported
on 18 June that construction is slated to begin soon on a dam to prevent
toxins from spilling from the old Iron Mountain Mine west of Redding into
the Sacramento River, California. The US Environmental Protection
Agency (EPA) estimates that 95 per cent of the mountain's effluent would
be prevented from reaching the river once the retention reservoir and
accompanying water diversion canal are in place. Rick Sugarek, remedial
project manager for the EPA, described the project, "Part of the project
involves diverting clean water around that contaminated reach...but we will
also capture the contaminated reach of the creek and treat that water to a
100-year storm event. We will then remove all metals from that storm
water runoff." Funding for the project comes from a $1 billion dollar
settlement between state and federal negotiators and the French company,
Aventis CropSciences USA, the company responsible for the Superfund
site that is said to be the largest source of toxic metals in the country.
Construction is expected to be completed by December of 2001.
3:25/08. URBAN CREEK IN BERKELEY TARGETED FOR
RESTORATION: The California State Water Resources Control Board
(SWRCB) recently awarded the Berkeley Urban Creeks Council a
$200,000 planning grant from Proposition 13. Another $200,000 was
awarded the Council from CALFED's Watershed Program to implement
the comprehensive urban creek and steelhead restoration plan for the entire
Codornices Creek corridor, from the Berkeley hills to San Francisco Bay,
California. The Prop 13 funded plan will identify how to remove barriers
to fish migration and how to restore fish and wildlife habitat throughout the
entire heavily developed creek corridor, including the re-establishment of
native riparian vegetation, will fund a water quality monitoring program
and will contribute to the restoration of the small population of threatened
steelhead still found in Codornices Creek. The Council is being advised by
IFR Associate, fishery scientist William Kier. The project is intended to
be a model for urban creek restoration. For more information contact: Josh
Bradt or Lisa Viani at (510)540-6669.
3:25/09. WATERSHED ASSISTANCE GRANTS AVAILABLE:
The River Network has announced it is making grants available to local
watershed partnerships to support their organizational development and
long-term effectiveness. The U.S. Environmental Protection Agency (EPA)
awarded River Network $200,000 to distribute to watershed partnerships
via the Watershed Assistance Grant program. Grant criteria and the
application information is available at:
www.rivernetwork.org/howwecanhelp/howwag.cfm. The deadline for
applying for the grants is 23 July.
3:25/10. IRRIGATION DISTRICTS SCRAMBLE TO COMPLY
WITH CLEAN WATER ACT PESTICIDE RULING: US state and
federal agencies are scrambling to implement a 12 March ruling by the
U.S. Ninth Circuit Court of Appeals, in Headwaters vs. Talent Irrigation
District (No. 99-35373), requiring irrigation districts using large amounts
of weed killers for cleaning out irrigation ditches to first obtain a federal
permit under the federal Clean Water Act (CWA). The court ruling applies
to most irrigation districts, who in the past routinely killed canal
vegetation
and then released the weed killers directly into fish bearing streams and
rivers. The Oregon Department of Environmental Quality (DEQ) recently
announced a voluntary agreement aimed at controlling the release of these
herbicides, but has so far refused to require permits, though agency
officials say they intend to implement a permit system later. The Court of
Appeals ruled that herbicide users cannot rely on U.S. Environmental
Protection Agency (EPA) labeling restrictions alone, since those EPA
requirements do not take into account environmental impacts on fish. For
the Appeals Court ruling, go to the Ninth Circuit Opinions index at:
http://www.ce9.uscourts.gov under the 12 March date or by number. For
a fuller account of the impact of the Ninth Circuit decision, see the 16 June
issue of the Oregonian at: http://www.oregonlive.com/printer/
printer.ssf?/environment/oregonian/lc_71pest16.frame.
3:25/11. WESTLANDS MAY WITHDRAW APPLICATION FOR
SAN JOAQUIN WATER: In the aftermath of the numerous protests to
its recent application to draw upwards of 500,000 to 750,000 acre-feet from
the San Joaquin River (see Sublegals 3:24/04), an 18 June article in the
Fresno Bee reports that representatives of Westlands Water District,
located on the west side of California's San Joaquin Valley, say that a deal
with the federal government could negate their need for the additional
water. The deal would involve a sale of up to 200,000 drainage-threatened
acres to the federal government. "In the event we're able to reach
agreement on land retirement, then there wouldn't be any need for the San
Joaquin River application."said Westlands' General Manager/Counsel Tom
Birmingham. For the full text of the article go to:
http://www.fresnobee.com/localnews/story/0,1724,275470,00.html.
PCFFA and a number of fishing and conservation groups, as well as the
Friant Water Authority and other agricultural water districts, had all filed
protests to Westlands' application.
3:35/12. MORE HEARINGS SCHEDULED ON CALVERT BILL
TO DIVERT MORE WATER FROM THE SAN FRANCISCO
BAY/DELTA: Two additional field hearings have been scheduled to take
testimony on Southern California Congressman Ken Calvert's (R-Corona)
bill that would "fast-track" the construction of new dams and reservoirs to
take additional amounts of freshwater from the San Francisco Bay and
Delta through additional diversions in the Delta and its tributary rivers (see
Sublegals, 3:19/09). Calvert's bill would also guarantee water deliveries
to the Westlands Water District, the state's most junior water rights holder,
including water needed by fish in dry years. The field hearings have been
scheduled Saturday, 30 June, beginning at 0900 HRS at the Modesto Board
of Supervisors Chambers, 1010 Tenth Street in Modesto, California; and
for 2 July in the San Jose City Council Chambers, 801 N. First Street, San
Jose, California, also beginning at 0900 HRS. For more information, go to:
www.house.gov/calvert.
3:25/13. REPORT FINDS MORE FUNDING NEEDED TO
SUPPORT SCIENCE FOR TMDL PROCESS: The U.S.
Environmental Protection Agency (EPA) currently focuses its remediation
resources on bodies of water that it has classified as "impaired". Over
21,000 streams, rivers and lakes currently share that status. That distinction
begins a complex process through which pollutants in the body of water are
assessed and a total maximum daily load (TMDL) is set. Point sources
such as farms, factories or cities causing the polluted runoff are then
targeted for cleanup. However, the San Jose Mercury News reported on 16
June the release of a National Academy of Sciences (NAS) report stating
that "America's primary regulations to reduce polluted runoff into streams,
rivers, lakes and bays are not based on sufficient science." In the face of
deadlines imposed by lawsuits, the report found that, "many waters now on
state lists were placed there without the benefit of adequate water quality
standards, data or water body assessment." Based on the report, the EPA
is asking Congress for increased funding for water quality analysis. For the
press release on the NAS report, go to: http://www4.nationalacademies.org/
news.nsf/isbn/0309075793?OpenDocument
3:25/14. NRC STUDY ON BOTTOM TRAWL IMPACTS: The
National Research Council (NRC) Committee on "Ecosystem Effects of
Fishing: Phase 1 - Effects of Bottom Trawling on Seafloor Habitats" will
host its fourth public meeting on 28-30 July at the Cecil & Ida Green
Building, 2001 Wisconsin Ave., NW, Washington, DC. Further details
about the meeting agenda are posted at the National Academies web site
at: www.national-academies.org/osb under 'Activities' and under the study
name. Persons wishing to attend, or who want more information about the
meeting or the study, should contact:: Susan Roberts, Ph.D., Study
Director, Effects of Bottom Trawling on Seafloor Habitats, Ocean Studies
Board, HA-470, National Research Council, The National Academies of
Science, 2101 Constitution Ave. NW, Washington, DC 20418, (202) 334-
2714 or by email at: sroberts at nas.edu. The National Research Council is
a branch of the National Academies of Science and is frequently
commissioned by Congress to resolve scientific issues involved with public
policy.
3:25/15. LEGAL ACTION CONSIDERED AGAINST MOSS
LANDING POWER PLANT: Plans by Duke Energy Corporation to
expand its Moss Landing power plant, making it the largest in California,
may bring on a lawsuit over the impacts of the expansion, including effects
on fish resources in this harbor located on Monterey Bay. The San
Francisco Chronicle reported on 21 June that Earthjustice Legal Defense
Fund is considering suit, on behalf of conservation and fishing interests,
based on a provision in federal law requiring power plants to use the
safest, most environmentally friendly technology available. The potential
plaintiffs contend that plans for the Moss Landing plants fail to comply
with the federal regulation. During normal operation, the plant will pump
1.2 billion gallons of seawater back into the bay at temperatures
significantly higher than normal. While the California State Water
Resources Control Board (SWRCB) and several environmental groups
(e.g., Save Our Shores, Center for Marine Conservation) have come to
agreements with Duke to fund monitoring and tighten water discharge
requirements, some, such as Madeline Clark, feel those measures
negotiated by CMC and SOS are not enough. Clark commented:
"Monitoring amounts to paying witnesses to watch an execution and then
we get an autopsy report out of it." For the full text of the article go to:
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2001/
06/21/BU207909.DTL
3:25/16. CVPWA SELECTS NEW MANAGER: The Central Valley
Project Water Association (CVPWA) announced on 20 June that Manager
and CEO Jason Peltier will be moving to Washington DC and continue to
work for the CVPWA as a legislative and administrative consultant.
Peltier's wife, Jean Marie, has been appointed an assistant on western
water issues to U.S. Environmental Protection Agency Administrator
Christine Todd Whitman. Robert Stackhouse has been selected the new
CVPWA manager. He has served as assistant manager for the last 18
months. The CVPWA represents all water users of the Central Valley
Project (CVP) including agricultural, municipal and industrial and power
members. Peltier worked with PCFFA on a number of fishery issues
including early negotiations with Friant water users on the restoration of
San Joaquin River flows for salmon and as part of the Battle Creek
Workgroup to remove antiquated hydroelectric dams from that Sacramento
River tributary to create a "home stream" for natural spawning winter-run
chinook salmon.
3:25/17. THE ORGANIZATION FORMERLY KNOWN AS THE
CENTER FOR MARINE CONSERVATION: The Washington, DC-
based marine environmental organization, the Center for Marine
Conservation (formerly the Center for Marine Education), has announced
it will change its name, this time to The Ocean Conservancy. This past
November, the group earned an "Honorable Mention" by Vegetarian
Times as "an organization that is changing the world. Only 30
organizations made the list, based on their promotion of a vegetarian diet,
the creativity and effectiveness of their work, their efforts on behalf of the
environment and human and animal rights, and their non-profit status."
In announcing the name change, the group said it would also be pushing to
set aside five percent of the oceans waters into "wilderness" and has
proposed six sites around the nation it wants to designate as ocean
wilderness areas. Its new website is: www.oceanconservancy.org .
3:25/18. AFS ANNUAL MEETING SLATED FOR 19-23 AUGUST
IN PHOENIX: "Fisheries Sustainability in North America: Journeying
Beyond Traditional Science and Education" is the title of this year's
American Fisheries Society (AFS) annual meeting, scheduled for 19-23
August in Phoenix, Arizona. The symposium will include 21 presentations
by leading experts in a variety of topics ranging from human population
growth, to marine refugia, to invasive species and other impacts on
fisheries. For the full agenda, abstracts, and speaker biographies, please
see the symposium web site at:http://www.fisheries.org/
annual2001/Sustain/index.html.
3:25/19. SFO AND URCHIN DIVER PETE HALMAY
FEATURED IN NATIONAL FISHERMAN; PERSONNEL CHANGES
AT IFR/PCFFA: San Diego fisherman Pete Halmay is featured in the
July issue of National Fisherman (pp.20-21). Halmay, an urchin diver and
leader in that fishery, is also one of six Sustainable Fishery Organizers
(SFOs) for the Institute for Fisheries Resources (IFR). IFR's Sustainable
Fisheries Program is funded by a generous grant from the David and
Lucille Packard Foundation. To view the Halmay article, go to:
www.nationalfisherman.com.
Dan Kintz, who served as an Americorps' Watersheds Stewards intern
in the IFR offices, has left to pursue his profession of geology. Kintz
worked on salmon policy issues in the IFR offices and assisted in the
publication of Sublegals. Meanwhile, Nicole Brown, who brings a
fisheries education background and experience in business, has joined
PCFFA and IFR as the Development Director for the two organizations.
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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