These data, it is felt, can provide a basis to assist the state with the implementation of the California Marine Life Management Act (MLMA) helping to create science-based resource management plans. Serving a large number of coastal dependent constituencies CalCOOS will be especially important to fisheries management. The development of a system of Marine Protected Areas (MPAs) is a current mandate for the State. MPAs will require circulation models and description of the variability (spatially and temporally) of the sources and abundance of fish and invertebrate larvae. Without such measurements there is no scientific basis to justify the creation or argue the validity of MPAs. In this way CalCOOS underpins the management needs of the state, the federal government and the fishing industry in a scientific and politically neutral approach to the protection of fishery resources and sustainable fisheries. CalCOOS has proposed to work with the fishing industry in a variety if ways. In a pending proposal to the National Science Foundation CalCOOS has described various ways researchers and fishermen can collaborate. These include providing vessels of opportunity for routine and rapid response observations where fishermen would be trained to deploy instrumentation and become part of the scientific process.

As part of this process, fishermen would work closely with scientists, graduate students and University of California extension personnel to create assessments and participate in two-way exchange establishing the basis and rationale for the science that will ultimately guide the creation of MPAs, and fishery management measures. This exchange and participation by the industry is crucial if MPAs stand any chance of success and utility. MPAs will need to be planned, monitored and managed adaptively. Fishermen will be central to ongoing experimental harvest tasks that will test the efficacy of MPAs. For more information on CalCOOS go to the University of California website established for the program at: www.calcoos.org.

2:18/03. INTERNET DISCUSSION GROUP ESTABLISHED FOR MPAs: The National Fisheries Conservation Center (NFCC) has begun hosting an internet discussion group on Marine Protected Areas (MPAs). And, on 14 November NFCC will sponsor a real-time online discussion, moderated by California Congressman Sam Farr (D-17) on MPA issues. The chat is tentatively scheduled to take place on Tuesday, the 14th, at 1400 HRS (EST); Farr has written a short essay on marine reserves that can be viewed at NFCC's website at http://www.nfcc-fisheries.org/mr_pov.html. The new National Science Center for Marine Protected Areas was recently established in Farr's district along Monterey Bay under President Clinton's Executive Order 13158 (see Sublegals, 2:16/21).

The chat will be open to discuss all marine reserve-related issues of interest. Persons not able to participate may e-mail NFCC at nfcc@nfcc-fisheries.org with any questions they want addressed. Those planning to participate are invited to submit questions in advance also, although they will also have the opportunity to address questions directly to the Congressman. NFCC is a non-profit organization dedicated to finding fisheries conservation and management approaches that work, both for the oceans and the people who depend upon them. NFCC promotes collaborative problem solving. For more information, contact Heather Blough at: blough@speakeasy.net .

2:18/04. FIRST DUNGENESS CRAB QUALITY TEST CONDUCTED; OVER 25 PERCENT RECOVERY: On 2 November, the Pacific States Marine Fisheries Commission (PSMFC), announced the results of the pre-season quality test conducted on Dungeness Crab. The crab season begins, pending signing of market orders establishing ex-vessel prices (price paid by processors to crab fishermen), on 15 November for central California (Mendocino-Sonoma County line south) and on 1 December for northern California (Mendocino-Sonoma County border north), Oregon and Washington. Typically, Dungeness crab from the central California area go for markets to supply the U.S. Thanksgiving holiday, and the more abundant catches from the north supply the demand for the Christmas and New Year's holidays.

For the test, crab were harvested, pursuant to an agreement with the Humboldt Fishermen's Marketing Association (HFMA) at the following locations: Pelican Bay, Klamath River, Lagoons, Trinidad Head, LP Eureka, and Eel River. Crab traps were soaked approximately 24 hours (31 October-1 November) and the crabs were held in water overnight and processed on 2 November. The total weight of the 100 crabs processed was 1,162 pounds; the cooked section weight was 646 pounds; the picked weight was 340.3 pounds; the packed weight of crab processed was 293 pounds; and the recovery percentage was 25.2%. After the test, the crab are donated by HFMA to a local senior center as part of the World Fisheries Day donation of fish. For more information, contact HFMA at: hlbtfish@tidepool.com .

2:18/05. MEMORIAL SERVICE FOR MARC REISNER SET FOR 12 NOVEMBER: A memorial service for the late author Marc Reisner (Cadillac Desert, Game Wars, Overtapped Oasis), will be held on Sunday, 12 November, at The Presidio in San Francisco. Reisner, who died 21 July, had been named a 2000 Pew Fellow and was an Institute for Fisheries Resources (IFR) associate working on dam removals (see Sublegals, 2:03/01). For more information, contact the San Francisco office of the Natural Resources Defense Council at (415) 777-0220, extension 323.

2:18/06. LOWER COLUMBIA COHO LISTING CONSIDERED BY NMFS: On 3 November, the National Marine Fisheries Service (NMFS) determined that a petition for listing of lower Columbia River coho (silver) salmon "presents substantial scientific information indicating that a listing may be warranted," particularly for Clackamas and Sandy River coho as well as potentially other remnant wild runs in lower Columbia River tributaries below Bonneville Dam. Previously NMFS considered wild coho to be extinct in the Columbia. The federal fisheries agency is soliciting additional information on these runs by 2 January 2001 from which to determine their status (65 Federal Register 66221 (3 Nov. 2000)); this notice is available at: http://www.nwr.noaa.gov/1salmon/salmesa/fedreg/co03no00.pdf .

2:18/07. KLAMATH MOUNTAIN PROVINCE STEELHEAD NON-LISTING THROWN OUT BY COURT: On 27 October, California Northern Federal District Court Judge Susan Illston invalidated a NMFS decision not to list the Klamath Mountain Province steelhead, which range into both coastal northern California and southern Oregon, under the federal Endangered Species Act (ESA). In a case brought by the Federation of Fly Fishers and the California Sportfishing Protection Alliance, as well as several conservation groups, the ruling essentially invalidates NMFS efforts to use promised future state recovery efforts in both California and Oregon, largely voluntary, as a reason not to protect steelhead under the ESA currently. The Court noted that though some additional restrictions were imposed on sport anglers, that habitat loss was clearly the primary reason for steelhead declines and that state agencies in both California and Oregon continue to inadequately protect steelhead habitat from destruction. The court also ruled that heavily relying on promised future recovery actions, largely voluntary, was arbitrary and capricious. This ruling is similar to ONRC v. NMFS (6 F. Supp 2d at 1139 (D. Or. 1998)) in which a similar effort to avoid a listing for Oregon coho salmon was also overturned in court. NMFS now has 60 days in which to reconsider a listing or appeal. For more information contact Earthjustice Legal Defense Fund (415)627-6725. A map of Klamath Mountain Province steelhead range can be viewed at: http://www.nwr.noaa.gov/1salmon/salmesa/maps/stlhkmp.pdf.

2:18/08. KLAMATH FISH KILL NUMBERS NOW TEN TIMES GREATER THAN ORIGINAL ESTIMATES: The Humboldt Times- Standard , in an article by John Driscoll, reported 1 November, that, according to the California Department of Fish & Game (CDFG), estimates are that several hundred thousand young salmon and steelhed died during a fish kill in June, at least ten times more than originally thought. CDFG says that two fish diseases related to warm water were responsible for the fishes' death. Hatchery and wild steelhead and chinook salmon were found dead by the thousands, the report states, and ESA-listed coho salmon were probably killed, too. The deaths were reported along the 60 miles of the Klamath River flowing through northern California between Coon Creek and Pecwan Creek.

At the time of the mid-June fish kill, the U.S. Bureau of Reclamation (BOR) began reducing the amount of water it releases from Iron Gate Dam, one of several that make up the Klamath River Project. The federal reclamation project provides water to irrigate about 240,000 upstream acres of barley, alfalfa, potatoes and wheat. This year BOR chose to supply 100 percent of irrigators' water needs--running opposite to CDFG and U.S. Department of the Interior recommendations. The fish kill came shortly after environmental and fishing groups, including PCFFA and the Northcoast Environmental Center sued BOR for not consulting with federal fisheries experts before framing its plan for sending water down the lower river. The court denied plaintiff's request on the charges first filed and the complaint has since been amended to include federal Endangered Species Act (ESA) violations; the case is scheduled for February. Plaintiffs are represented by Earthjustice Legal Defense Fund.

The Federal Energy Regulatory Commission (FERC) will consider the relicensing of the six dams in the Klamath Project beginning in December. All six are under one permit, and a coalition of fishing and conservation groups will ask FERC during the relicensing hearing to consider tearing down the dams.

2:18/09. TRINITY FLOW DECISION EXPECTED IN NEXT FEW WEEKS; FUNDING FOR RELOCATING FOUR BRIDGES FALLS THROUGH: U.S.Interior Secretary Bruce Babbitt is expected to make his decision within the next few weeks on how much water to return to the Trinity River in northern California, a tributary of the Klamath. The Trinity historically was the major salmon producing river in the Klamath system, however, since the Trinity Unit of the federal Central Valley Project (CVP) was completed in 1963, up to 90 percent of the Trinity River's water has been diverted to the Central Valley for agriculture, principally to the western San Joaquin Valley. As a result of decreased flows, fish populations declined by more than 90 percent by the early 1970s. In 1980, then-Secretary of Interior Cecil Andrus restored a portion of the Trinity water, ordering 346,000 acre-feet (up from 119,000 acre-feet) to be released in the Trinity where historic flows averaged between 1-1.2 million acre-feet of water annually.

The Final Trinity River Mainstem Fishery Restoration Environmental Impact Statement/Report has been released to the public, and the Preferred Alternative still would allow most of the Trinity's water to be diverted.It would rely on expensive "mechanical restoration" techniques to make upfor the rest. Since funding for Trinity Restoration is being cut, continual funding to carry put these techniques is unreliable.

A "notice of availability" for the Final Environmental Impact Report (FEIR) was printed in the Federal Register on 20 October, but on the 25th , it was rescinded, leading to speculation that the FEIR's release would be put off until after the presidential election, possibly in an effort to keep the Secretary's decision intact. The law that authorized Trinity Dam specifically mandated that construction of the dam must not harm fish and wildlife, and the Interior Secretary was directed to carry out that mandate. One of the hang-ups has been the funding to relocate four bridges over the Trinity that will have to be moved to accommodate either the "Preferred Alternative" (restoring 48 percent of the river's flow) or the "Maximum Flow Alternative" - the science based option being favored by Friends of the Trinity River (FOTR) and PCFFA to restore flows to seventy percent. For more information, contact FOTR at: http://www.fotr.org .

2:18/10. GENE BANKING ONLY WAY TO SAVE WILD ATLANTIC SALMON?: The Bangor Daily News reported on 25 October, a Canadian scientist believes that "gene banking" may be the only way to save wild Atlantic salmon from a "full-scale disaster" caused by acid rain on Nova Scotia's eastern shore. "More than half" of the province's 65 rivers are too acidic for salmon and only 13 can support naturally reproducing salmon which have been reduced to "refuge populations."

2:18/11. NMFS CLOSES PACIFIC MACKEREL FISHERY: On 1 November, the National Marine Fisheries Service (NMFS) published in the Federal Register (Volume 65, Number 212, p.65272) announcing the closure of the directed fishery for Pacific mackerel in the exclusive economic zone (EEZ) off the Pacific coast on 27 October. The Coastal Pelagic Species Fishery Management Plan (FMP) and its implementing regulations require NMFS to set an annual harvest guideline for Pacific mackerel based on a formula in the FMP and to close the fishery when the harvest guideline is reached. The harvest guideline of 20,740 metric tons is projected to be reached before the end of the fishing season on 30 June, which requires closing the directed fishery and setting an incidental harvest limit for Pacific mackerel so that the harvest of other coastal pelagic species will not be further restricted. For more information, contact the NMFS Southwest Region by calling: (562) 980-4036.

2:18/12. PFMC ADOPTS REBUILDING PLANS AND CATCH LIMITS FOR PACIFIC GROUNDFISH SPECIES: At its 31 October-3 November meeting in Vancouver, Washington, the Pacific Fishery Management Council (see Sublegals 2:14/10) adopted rebuilding plans for cowcod and canary rockfish. The cowcod fishery impact rate was set at one percent annually (for 95 years). The canary catch was set at 93 metric tons (mts) annually for 57 years. The cowcod plan is for the area south of Point Conception, while the canary catch plan applies to all PFMC fisheries and sets aside five mts for research. Both plans will require major restructuring of West Coast fisheries so not to exceed the species impact limits. Canary catches reached nearly 5,000 mt in the early 1980's and were about 1,100 mt as recently as 1998.

Catch limits were adopted for 22 species or species groups of groundfish. All limits were the same or lower than this year except for lingcod and Pacific Ocean perch, which were increased. The catch limits for overfished or depressed rockfish (canary, bocaccio, cowcod and darkblotched) will guide the amount of fishing activity and catch that can be allowed on the continental shelf. The trip limits for groundfish vessels will be further constrained next year north of Cape Mendocino because of canary and darkblotched rockfish concerns. Fishing in this area will be concentrated during early season months (January-April) with relatively low allowable catches of flatfishes during summer months (when canary are most available). Fishing off California south of Cape Mendocino will be close to status quo except for regulations adopted to reduce canary, bocaccio, and cowcod impacts. The CA regulations to protect these species, which would be in effect 1 January 2001, follow:

Recreational

• The southern management line is moved from Lopez Point to Point Conception; the northern management line remains at Cape Mendocino.
• Bag limits are: bocaccio two (down from three), canary one (down from three), lingcod two (unchanged), rockfish 10 (unchanged), and cowcod zero (down from one / no more than two per vessel).
• Minimum sizes: lingcod 26", bocaccio 10", cabezon 15" (increased from 14"), scorpionfish 10", and greenlings 12".
• Filet lengths are unchanged, except a new length will be computed for cabezon; skin must be retained on filets for cabezon, lingcod, and rockfish.
• When fishing for rockfish or lingcod, anglers may use no more than two hooks (down from three).
• Seasons for rockfish including scorpionfish and lingcod are:

Southern: Closed January-February (and November-December if necessary to stay within bocaccio and cowcod limits), except open for nearshore minor rockfish inside 20 fathoms around islands and along mainland coast. Cowcod closure (8-sided polygon of about 4,200 square nms) in effect all year. The area is closed to all federal groundfish, except open for nearshore minor rockfish, cabezon, and greenlings inside 20 fms.

Central: Closed March-June, except open to nearshore minor rockfish inside 20 fms during May- June.

Northern: Same as OR (open year-round).

Commercial (non-trawl)

• Same management lines as recreational.
• Minimum size limits are the same as recreational, except lingcod north of Cape Mendocino is the same as OR (24").
• Seasons for shelf and nearshore rockfish and scorpionfish and lingcod are the same as recreational; slope rockfish is always open.
• Cowcod closure provisions are the same as recreational. A one-mile transport corridor for restricted federal groundfish is provided at 33 degrees north latitude; vessels must be under way.

Sublegals wishes to thank Mike Weber for preparing the above summary. For more information on the PFMC meeting, visit the Council's website at: http://www.pcouncil.org.

2:18/13. OUTREACH PROGRAM TO PROVIDE COUNSELORS FOR GROUNDFISH TRAWLERS, FAMILIES: Oregon Sea Grant has organized and funded a Groundfish Disaster Outreach Program (GDOP) to hire six peer counselor members of the commercial fishing industry to help advise groundfish fishermen about their options though what are going to be increasingly hard times in that portion of the industry. Severe cutbacks in groundfish quotas recently imposed by the Pacific Fisheries Management Council to prevent complete stock collapses, plus fleet restructuring targeted to eliminate at least 50 percent of catch capacity have lead to economic disaster for much of the groundfish fleet, with the majority of dislocation in Oregon. The GDOP counseling program is an effort to help cushion the shock of recent fisheries closures and guide affected families toward assistance and retraining programs. For more information contact Ginny Goblirsch, Marine Extension Agent, (541)265-3463 or contact her by email at: ginny.goblirsch@orst.edu .

2:18/14. NEW WEB SITE FOR WEST COAST FISHING FAMILIES: Oregon Sea Grant and the Women's Coalition for Pacific Fisheries have sponsored a new web site called "Heads Up" to help get information and news of interest out to the west coast fishing communities. Their new web site is at: http://www.heads-up.net

2:18/15. COUNT MICROBES AMONG INVASIVE SPECIES IN CARGO SHIPS BALLAST WATER: In a study published in the scientific journal, Nature, foreign ballast water discharged from ships docked in U.S. waters carries "potentially dangerous microoganisms. The study by Chesapeake Bay scientists found an average of 31 billion suspected viruses and 3.5 billion bacteria in samples for 15 ships from Europe and the Mediterranean. The scientists warned, however, against jumping to conclusions about the threat the microbes pose to human health. Good drinking water treatment systems and colder water temperatures in some areas reduce the risk, they say. Gregory M. Ruiz, a leader of the study: "I don't want to say that ships are going to fuel epidemics." Invasive species such as zebra mussels and green crabs have long been documented in ballast water, which is taken in or dumped as needed to balance a ship's load. But the new study is the first to examine ballast-transported microbes.

2:18/16. EPA CRACKS DOWN ON OREGON LIVESTOCK POLLUTION: Oregon livestock operations are exempt from complying with Oregon state water quality rules. But as a result of recent fish listings under the federal Endangered Species Act (ESA) and widespread feedlot problems, the U.S. Environmental Protection Agency (EPA) has begun been cracking down on Oregon livestock operations, that allow manure to foul streams and rivers, as part of a national effort at cleaning up these operations. EPA has imposed over $60,000 in fines against two ranches and feedlots in eastern Oregon and ordered another operation to clean up. Ranchers and state officials have been critical of the crack down intended to clean-up feedlots. Farming and ranching associations have also challenged EPA's Clean Water Act non-point source enforcement authority in court as well as pressed for federal exemptions (See Sublegals 2:13/13) See: http://www.oregonlive.com/news/oregonian/index.ssf?/news/ oregonian/00/11/lc_41crack01.frame.

2:18/17. EPA SEEKS TO DEVELOP EFFLUENT RULES FOR AQUACULTURE WASTE WATERS: Fish farming or aquaculture is a major source of pollution to waterways in those areas where such operations exist. The U.S. Environmental Protection Agency (EPA) is now seeking to establish guidelines for effluent discharges from fish farm operations. On 14 September EPA published a Federal Register notice requesting public comment on their draft Information Collection Request (ICR) and proposed survey process to gather technical and economic information needed to develop effluent guidelines. The ICR is posted in PDF format on EPA's web site for electronic access in addition to the option to request a hard copy version from EPA. The deadline for public comments to EPA on the draft ICR and survey process is on or before 13 November. Comments should be directed as instructed in the Federal Register notice to the following: Comments may be mailed to Ms. Marta Jordan, U.S. EPA (4303) 1200 Pennsylvania Ave., NW., Washington, DC 20460. Comments may also be submitted electronically to jordan.marta@epa.gov. The following four items can now be found at EPA's web site: www.epa.gov/ost/guide/aquaculture/: 1) Aquatic Animal Production Industry; 2) Information Collection Request for the Aquatic Animal Production Industry; 3) Information Collection Survey (PDF, 96K); and 4)Economic Analysis Options . For more information go to: http://www.epa.gov/ost/guide/aquaculture/letter.html or visit the Sea Web Aquaculture Clearinghouse website at: www.aquacultureclearinghouse.org .

2:18/18. NMFS ANNOUNCES MORE WORKSHOPS ON DEVELOPING CODE OF CONDUCT FOR RESPONSIBLE AQUACULTURE: The National Marine Fisheries Service (NMFS) will hold three additional regional workshops in November to take testimony on a proposal to develop a voluntary code of conduct for responsible aquaculture. The code, according to the federal fishery agency, is to provide guidance to companies considering aquaculture production in U.S. offshore waters, outside of state boundaries. NMFS says it will also use the code as a format for ensuring consistent review of aquaculture projects throughout the agency. Use of the code will be voluntary. In September similar workshops were held in Texas, Washington, and Massachusetts (see Sublegals, 2:12/13) The new workshops will be held on the following dates:

• 14 November - Honolulu, 1000 - 1500 HRS., University of Hawaii, Hawaii Imin International Conference Center, Jefferson Hall, Pacific Room, East West Center Rd., Honolulu, Hawaii, 96822.
• 16 November - Miami, 1000 - 1500 HRS, Rosenstiel School Auditorium, 4600 Rickenbacker Causeway, Miami, FL 33149.
• 20 November - Silver Spring, 0900 - 1230 HRS, NOAA Auditorium, 1301 East West Highway, Silver Spring, MD 20910.

For more information on the NMFS workshops, contact: Edwin Rhodes at: edwin.rhodes@noaa.gov or go to: www.earthisland.org/map/map.html. .

2:18/19. PCFFA ENDORSES SISKIYOU WILD RIVERS NATIONAL MONUMENT: At its 2-3 November meeting in Monterey, the Pacific Coast Federation of Fishermen's Associations Board of Directors voted to endorse the creation of a Siskiyou Wild Rivers National Monument in southwestern Oregon. The proposed monument on existing federal lands would give protection to critical coho streams including the lower Rogue, the Illinois, the Chetco, the Winchuck, the Elk, the South Fork Coquille, the Sixes and the Pistol Rivers. For more information, go to: www.siskiyourivers.org .

2:18/20. FEDS ANNOUNCE UNIFIED WATERSHED POLICY: U.S. federal land management and other agencies have adopted a final unified policy to protect water quality and aquatic ecosystems on federal lands. The "Watershed Approach to Federal Land and Resource Management" is intended to be the framework for land and resource management for watersheds on federal lands. The policy does not apply to other lands. Participating agencies in the new policy are the Departments of Agriculture, Interior, Commerce, Defense and Energy, the Environmental Protection Agency and the Army Corps of Engineers. The policy was published in the 18 October Federal Register and can be found on-line at: http://www.cleanwater.gov/ufp.

2:18/21. NMFS ADOPTS RULES PROHIBITING DIRECTED LONGLINE FISHERY FOR SWORDFISH IN WESTERN PACIFIC: Today, 3 November, the National Marine Fisheries Service (NMFS) published in the Federal Register (Volume 65, Number 214, pp.66186- 66188) changes to its emergency rule published on 25 August regulating the Hawaii-based pelagic longline fishery. The changes, which are only applicable to the Hawaii-based pelagic longline fishery when fishing in Area C, as designated under that rule,expressly prohibit directing longline fishing effort toward the harvest of swordfish. The changes require vessels to set their main longline so that the deepest point between any two floats is greater than 100 m (328.1 ft), prohibit the possession of lightsticks on board vessels, require permit holders or operators to donate to charity at least 30 percent of their gross revenues from the sale of incidentally caught swordfish, and require each longline vessel operator to have aboard the vessel an observer waiver form issued by NMFS if the vessel fishes without an observer. The intent of this action is to ensure that swordfish are not targeted by the Hawaii longline fishery in Area C and to reduce adverse impacts on sea turtles while NMFS prepares a comprehensive environmental impact statement (EIS) that analyzes the environmental effects of fishing activities conducted under the Fishery Management Plan for the Pelagic Fisheries of the Western Pacific Region (FMP). The emergency interim rule is effective from 3 November 2000, through 21 February 2001, except for the suspension of Sec. 660.22 (hh)and Sec. 660.33 (d)(4), and for the addition of Sec. 660.22 (kk) and Sec. 660.33 (d)(7), which are effective 4 December 2000 through 21 February 2001.

Comments must be received no later than 1700 HRS., local time on18 December, and must be mailed to Dr. Charles Karnella, Administrator, NMFS, Pacific Islands Area Office (PIAO), 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814-4700; or faxed to (808) 973-2941. Comments will not be accepted if submitted via e-mail or the Internet. To view the proposed rule go to the Federal Register Online via GPO Access [wais.access.gpo.gov].

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