The California Department of Fish & Game (CDFG), which claims it is charged with promoting aquaculture of any kind, supported the exemption to its rules saying they didn't see any problem if the transgenic fish got loose into the wild. This was the same Department that allowed the out-planting of diseased aquacultured abalone that infected native stocks, one of the factors leading to the total closure of that fishery along California's central and south coast. The Department has also been chided for its chumminess with the aquaculture industry and its failure to adequately inspect aquaculture facilities. Along with PCFFA and IFR, the request for an exemption from the regulations was opposed by the Center for Food Safety, the Organic Consumers Association, Sierra Club, Defenders of Wildlife, Greenpeace, and state and federal Public Interest Research Groups (PIRGs). In a 25 November letter to the Commission, signed by most of the groups, they charged that there have been instances where zebra fish, native to tropical waters, have gotten loose and survived in North America (none of these groups opposed the Scientific Hatcheries permit request where the fish were to be contained). Aquariums are the second largest source of invasive species in the U.S.; the invasive plant Caulerpa taxifolia threatening southern California waters came from an aquarium (see Sublegals, 4:16/03; 4:16/06; 3:06/16). In weighing the risks, PCFFA also asked what social good was being achieved by importing the transgenic zebra fish. "They're for home aquariums for God's sake, not medical research, pharmaceuticals, or environmental monitoring," said PCFFA Executive Director Zeke Grader.

The request for an exemption was also opposed by State Senator Byron Sher (D-Palo Alto), who in a 13 November letter to the Commission wrote, "There is no compelling reason or justification for the Commission to allow fluorescent zebra fish to be imported and sold as novelty pets without permits or any oversight by the state. If this is allowed, there would be increased risk that consumers could accidentally or intentionally release these transgenic organisms into either inland or coastal waters of California." Sher was the author of SB 245 that banned open net pen aquaculture of salmon, exotic and transgenic fish in California waters (see Sublegals, 8:14/01; 8:09/01).

The Commissioners, too, were unconvinced of the wisdom of granting Yorktown's exemption request. "For me, it becomes a question of values. Under what circumstances do we want to monkey around with the genome of another organism? It seems OK to me to do it for medical research or, say, to create an improved type of rice that has Vitamin A. But to do it for a pet seems rather frivolous," said Commissioner Sam Schuchat. Yorktown and its lobbyists argued that all the other states, including Nevada, would allow importation and possession of "GloFish," leaving California the only state to ban them. "Nevada also has legalized prostitution, does that mean California should also permit it?" asked PCFFA's Grader. "We might be the only state that doesn't do it because we're the only smart ones," Commissioner Bob Hattoy responded. "We're trying to regulate a whole new field of science."

To see the 25 November letter of opposition, contact the Center for Food Safety at: (415) 561-2524 or go to: http://www.centerforfoodsafety.org. Also see the 3 -4 December San Francisco Chronicle issues at: http://sfgate.com/cgi-bin/article.cgi?file=/chronicle/ archive/2003/12/03/MNGN83EU501.DTL and http://sfgate.com/article.cgi?file=/ chronicle/archive/2003/12/04/MNGLL3FSKH1.DTL, the 2 December New York Times at: http://www.nytimes.com/2003/12/02/science/02ESSA.html, and the 4 December CNN piece at: http://www.cnn.com/2003/TECH/science/12/04/ fluorescent.fish.ap/index.html.

8:21/02. CALIFORNIA COUNTY PROMOTING TRANSGENIC FISH MANUFACTURE? It was the home to John Steinbeck, lush fields of artichokes and lettuce, a massive sardine fishery; it is now a center for a half dozen marine research institutes, one of the world's top aquariums, a Bach festival, public policy institutes, numerous wineries and a large squid fishery. And, now, apparently California's Monterey County wants to dabble in biotechnology that by looking at their consultant's report means genetically-engineered (GE) crops and fish. The report, prepared by the Institute for Biotechnology Information (IBI), called "Growth of Biotechnology in Monterey County," would have Monterey heading in the opposite direction of its neighbor to the north, Mendocino County, which is holding a March referendum on banning transgenic crops and fish (see Sublegals, 8:20/09; 8:19/05; 8:14/04; 8:09/02). It also appears to go in an opposite direction from its own Congressman, U.S. Representative Sam Farr (D-CA), who chairs the House Organic Caucus, and the report's recommendations, as far as fish are concerned, fly in the face of California's regulation of aquatic transgenic species (see 8:21/01 above). Pollen drift from transgenic plants could affect organic agriculture in the county, while increased pesticide use associated with GE crops could would affect soil health and water quality in nearby streams and the Monterey Bay National Marine Sanctuary. The inadvertent release of GE fish would also affect marine life within the nation's largest marine sanctuary. To see the full IBI report and recommendations in PDF, go to: http://www.montereycountybusiness.net/Pdf/1999%20BioTechFinalReport.pdf.

8:21/03. DO TRANSGENIC CROPS INCREASE PESTICIDE/HERBICIDE USE, THREATEN WATER QUALITY FOR FISH?: The Northwest Science & Environmental Policy Center (NSEPC) has issued a new report, "Impacts of Genetically Engineered Crops on Pesticide Use in the United States: The First Eight Years," which found that widespread use of crops genetically engineered (GE), or "transgenic," to tolerate broad spectrum herbicides like Monsanto's Roundup leads to herbicide resistance and increased use of the herbicide. The report found "herbicide tolerant crops have increased pesticide use an estimated 70 million pounds over the last eight years," and warns, "the efficacy of herbicide tolerant technology is now seriously threatened by weed shifts and resistance. Herbicide use and costs are bound to rise for the foreseeable future."

The problem of increased herbicide/pesticide use due to GE crop usage is not just about farmers and higher costs. Agricultural poisons are already a major source of water pollution, affecting the health of fish and the safety of those who consume them (see Sublegals, 8:09/05; 8:03/03; 6:01/05). Additional pesticide/herbicide use that could result from widespread use of GE plants in agriculture will only exacerbate current pollution problems. The NSEPC report, drawing on official U.S. Department of Agriculture (USDA) data on pesticide use by crop and state, is the first comprehensive study of the impacts of all major commercial GE crops on pesticide use in the United States over the first eight years of commercial use from 1996-2003. It is the sixth in a series of "Technical Papers" prepared for Ag BioTech InfoNet and is available at: http://www.biotech-info.net/highlights.html#technical_papers.

8:21/04. PUSH TO PROTECT WASHINGTON STATE WATERS FROM PERSISTENT CHEMICALS: Conservation, fishing and public health groups are calling on the Washington State Legislature and Governor Gary Locke to fund and implement the state's PBT [persistent bioaccumulative chemicals] Program aimed at phasing out and cleaning up persistent toxic chemicals. These chemicals, including mercury, dioxin and PCBs [polychlorinated biphenyls] are extremely toxic to humans, fish and other wildlife and break down slowly in the environment. Over the past four years, the Washington State Department of Ecology has developed and implemented a groundbreaking program (the "PBT Program") to phase out and clean up persistent toxic chemicals. Last spring, however, the Washington Legislature eliminated funding for the PBT Program even though the funding was available in the state toxics control account, a dedicated fund that is supported from a tax on hazardous chemicals. Concerned fishing groups and others are now being asked to contact the Washington Legislature asking that the PBT Program be fully funded in the 2004 Legislative session. The Washington State Legislative Hotline can be reached at: (800) 562-6000 between 0830 and 1630 HRS, or go to http://dfind.leg.wa.gov/dfinder.cfm for a list of Legislator's direct lines. Individuals are also being asked to contact Governor Locke's office (Tom Fitzsimmons) at: (360) 902-4117, requesting an Executive Order to implement the PBT Program. For more information, go to: http://www.toxicfreelegacy.org.

8:21/05. MERCURY IN OCEAN FISH MAY BE FROM NATURAL SOURCES, NOT POLLUTION: The 5 December issue of Science Daily reports that a study appearing in this month's issue of the American Chemical Society's journal Environmental Science & Technology makes preliminary findings that link mercury in ocean pelagic species to natural sources, not pollution. "Mercury levels in yellowfin tuna caught off the coast of Hawaii have not changed in 27 years, despite a considerable increase in atmospheric mercury during this time, according to a new study. The findings suggest that the high levels of mercury that have been found in tuna and other ocean fish may not be coming from pollution, but from natural sources," said the report. "Nearly all fish contain trace amounts of mercury, but longer-lived predators - like tuna, swordfish and sharks - generally have higher levels. The U.S. Food & Drug Administration (FDA) warns pregnant women against eating large amounts of fish to avoid harming an unborn child's developing nervous system " (see Sublegals, 8:19/07; 8:09/06; 7:20/11; 7:14/07; 7:08/04; 7:07/05; 7:06/07; 6:17/12; 6:08/21; 6:06/12; 6:04/05; 5:01/01; 3:16/13). "Mercury enters the environment naturally and through industrial pollution, mostly from coal-fired power plants. Scientists have estimated the amount of mercury in the atmosphere today is about two to three times what it was 150 years ago."

"People have assumed that the high mercury in fish must be from pollution," says Francois Morel, Ph.D., a professor of geochemistry at Princeton University and an author of the study. "We have about tripled the mercury in the atmosphere, and therefore it should be tripled in the ocean, right? The first step in exploring this assumption is to clarify the chemical nature of mercury in the environment. "The question is not where mercury is coming from, but where methylmercury is coming from," Morel says. Mercury concentrations in the air are of little concern, but when mercury enters water, microorganisms transform it into a highly toxic form - methylmercury - that builds up in fish. Scientists are not yet able to measure methylmercury in ocean surface waters, so Morel and his co-workers approached the problem from a different angle. They measured methylmercury levels in yellowfin tuna caught off the coast of Hawaii in 1998 and compared the numbers to a similar study from the same area in 1971. They found, however, no change in methylmercury levels in the tuna over that 27-year period.

"The researchers predicted that mercury in the surface waters should have increased by up to 26 percent during this time, according to a computer model. The model took account of the change in atmospheric mercury, the sub-equatorial Pacific waters and the potential for mixing in the 'thermocline' - a transition layer in the ocean where temperature changes rapidly," said Science Daily. "The findings imply that the high levels of methylmercury in these fish are not coming from increased pollution, but from a natural source. The specific source is not yet clear, Morel says, but he suggests it could be hydrothermal vents and deep ocean sediments. The research should also extend to other ocean-going predatory fish, like swordfish and sharks, according to Morel, which could mean that whatever is passing the mercury up to the tuna is probably doing the same to these other fish."

Morel is not extending his hypothesis to coastal ocean fish. "Bluefish, for example, run up and down along the eastern coast of the United States feeding on the continental shelf, and they may be taking up human pollution there. Lake fish are also a different situation, Morel says, since scientists have established a strong link between pollution and mercury levels in lakes." Efforts to clean-up sources of mercury pollution in the Everglades have met with success and lowered the amount of mercury found in fish there (see Sublegals, 8:19/07). Also reducing mercury levels from smokestack sources has been found to reduce the levels of the toxin in freshwater and some coastal fish species. To see the Science Daily article, go to: http://www.sciencedaily.com/releases/2003/12/031205053316.htm.

8:21/06. CALIFORNIA STATE LEGISLATION AIMED AT REDUCING MERCURY POLLUTION: California State Senator Liz Figueroa (D-San Leandro) has introduced legislation, SB 511, aimed at reducing mercury entering the environment by requiring the recycling of mercury lamps. Currently, several waterways in California fail to meet water quality standards for mercury, including San Francisco Bay, Santa Monica Bay, and the Sacramento - San Joaquin Delta. As part of a program to address the problem the California Department of Toxic Substances Control (DTSC) has ruled, as of 1 January 2006, the waste from mercury lamps may no longer go to solid waste landfills and must be either recycled or disposed of appropriately. Figueroa's legislation would establish a fee on mercury lamps at the retail level that would be paid into a new Fluorescent Lamp Recycling Subaccount within the Hazardous Waste Control Account. The Fluorescent Lamp Recycling Subaccount would then provide grant funds to local governments to assist in the safe, convenient and cost-effective collection, transport and processing of fluorescent lamps as a universal waste. For more information, contact Senator Figueroa's office at: (916) 445-6671.

8:21/07. SECOND RFP ISSUED FOR SAN FRANCISCO BAY RESTORATION: San Francisco Bay is the most important estuary on the Pacific coast of North and South America. It is the gateway between the Sierras and the seas of a major salmon run and it supports or has supported large crab, shrimp, herring and oyster fisheries. The bay is also badly degraded due to dredging, filling, loss of freshwater inflow and pollution. Because of the critical need for restoration in the bay now, the National Oceanic & Atmospheric Administration (NOAA) and the Institute for Fisheries Resources (IFR) are issuing another request for proposals (RFP) for restoration. The 2nd RFP is a part of the 3-year partnership project aimed at assisting fishermen and facilitating community-based fisheries habitat restoration projects for San Francisco Bay (see Sublegals, 8:14/10; 7:23/12, 7:17/02, 6:07/06).

Eligible applicants are fishing organizations, other non-profits, institutions of higher learning "organizations under the jurisdiction of foreign governments," international organizations, state, local and Tribal governments. Among other things, the projects "should result in tangible restoration of habitat(s) that support living marine resources within the San Francisco Bay Region." The deadline for the RFP is 23 January 2004. The proposals are due at the IFR office by 5pm on that day. For information, contact Sara Randall (IFR-Project Manager) at (415) 561-3474 (srandall@ifrfish.org), Natalie Cosentino-Manning (NMFS Marine/Estuarine Projects Expert) at (707) 575-6081 (Natalie.C-Manning@noaa.gov), or Leah Mahan (NMFS Riparian Projects Expert) at (707) 575-6077 (Leah.Mahan@noaa.gov).

8:21/08. IN RESPONSE TO OIL SPILL, COMMENTS SOUGHT FOR GULF OF ALASKA ECOSYSTEM MONITORING SCIENCE PLAN: The State of Alaska is requesting comments on the Science Plan for the Gulf of Alaska Ecosystem Monitoring & Research Program (GEM). The plan is at http://www.oilspill.state.ak.us/gem/documents.html. Reviewers are requested to limit comments to changes that may be required as a result of updates to the best available scientific information. Comments should be based on new scientific findings, or scientific findings that were overlooked in the GEM Program Document or the National Research Council (NRC) review of GEM. For example, comments are welcome on topics such as advances in current understandings of fate and effects of oil in biological systems, new findings on biological or climatic mechanisms of control of marine bird, mammal or fish populations, and information considered relevant to status of species and other resources injured by the oil spill. Comments are due by 5 January 2004. For more information, contact Phil Mundy (at the Trustee Council office): (907) 278-8012.

8:21/09. CALFIORNIA HERRING ROE SEASON OPENS, FLATULENT FISH? The San Francisco Bay herring roe season opened at 1200 HRS on 1 December (see Sublegals, 8:09/11; 8:08/12; 7:21/07). The "DH" gillnet fishery which begins first will fish until 23 December or until its quota is reached, whichever is first. The "Odd" and "Even" gillnet platoons begin fishing 4 January and end on 13 February (unless the quotas are filled before then); the season ends sooner this year because of concerns for the older year classes in the herring population. The San Francisco Bay quota this season is 2200 tons; 2180 is for the three gillnet platoons. To the north, Tomales Bay opens in January with a 3,000 ton quota, while Humboldt Bay and Crescent City, which also open in January, have quotas of 60 tons and 30 tons respectively. For more information, call the California Department of Fish & Game's (CDFG) Herring Hotline at: (650) 631-6784, or go to: http://www.dfg.ca.gov.

With the opening of the San Francisco Bay fishery, the first to open each season on North America's Pacific coast for herring, Canadians are postulating herring noise is due to flatulence. The New Scientist reports researchers at the University of British Columbia now believe a mysterious, underwater sound is herring farting. No fish had previously been known to emit sound in such a way, however the UBC team say the noise matches bubbles coming out of a herring's anus. "It sounds just like a high-pitched raspberry," says researcher Ben Wilson. "Wilson and his colleagues cannot be sure why herring make this sound, but initial research suggests that it might be a means of communication. Wilson points that, unlike a human fart, the sounds are probably not caused by digestive gases because the number of sounds does not change when the fish are fed. The researchers also tested whether the fish were farting from fear, perhaps to sound an alarm. But when they exposed fish to a shark scent, there was again no change in the number of farts. Finally, three observations persuaded the researchers that the farts were most likely produced for communication. Firstly, the number of farts per fish increased when more fish were added to the tank. Secondly, herrings are only noisy after dark, suggesting they might be a way of finding each other in the dark. And finally, most other fish cannot hear the noises." For more go to: http://www.ananova.com/news/story/ sm_835706.html?menu=news.scienceanddiscovery.naturalworld.

8:21/10. SCOTTISH SALMON LATEST IN SHIPMENTS OF FARMED FISH TO BE REJECTED BY US FOR "FILTH": The Sunday Herald reported on 30 November the U.S. Food & Drug Administration (FDA) is refusing to allow imports into the nation of "insanitary" and "filthy" Scottish farmed salmon. In the past two years, the FDA has also refused imports of Irish, Chilean, Norwegian and Canadian salmon. While there have been headlines from Europe regarding the rejection of Chilean farmed salmon tainted with the fungicide malachite green and antibiotics, the FDA is apparently finding filth in farmed salmon imports coming to the U.S. To date, the FDA has condemned 27 imports of smoked salmon from leading Scottish companies as unfit for human consumption this year. "Since January, 15 shipments of smoked salmon have been turned away because they were contaminated with listeria," reported the Sunday Herald. A further nine salmon shipments from Scotland were classified as "insanitary." According to the FDA, they "may have become contaminated with filth" and "may have been rendered injurious to health." Three more salmon shipments were officially defined as "filthy."

"In order to protect the health of US consumers, the FDA regularly tests samples of food imports for contamination and decay. If it finds a problem, it rejects the import and publishes details on its website. An analysis by the Sunday Herald of all the U.K. food rejected reveals that Scottish salmon is one of the most frequently refused... The FDAA said its standards for salmon were similar to those in Australia, New Zealand, Austria and Italy. Agencies in Canada, Denmark and Britain had also recommended that listeria monocytogenes should be absent in 25g samples." For the 30 November Sunday Herald article by Rob Edwards, go to: http://www.sundayherald.com/38340. The FDA website for reports on rejected products is at: http://www.fda.gov/ora/oasis/ora_oasis_ref.html.

8:21/11. NORTHERN DUNGENESS CRAB SEASON OPENS ON TIME WITH PRICE AGREEMENT: The Pacific Coast Dungeness crab fishery from Point Arena, California north opened as scheduled on 1 December. A price that had been agreed upon through negotiations by the Oregon Department of Agriculture with that state's processors and fishermen established a price for the rest of the coast at $1.55 per pound ex-vessel. Earlier crab tests had found crab to ready for harvest. However, some questions have since arisen about the validity of the tests, with much of the smaller crab found to be light and at least one large processor threatening to drop the price. The "southern" crab season (Point Arena south) had opened earlier on 16 November (see Sublegals, 8:19/02).

NEWS, COMMENTS, CORRECTIONS: Submit your news items, comments or any corrections to Editor at: sublegals@ifrfish.org, or call the IFR/PCFFA office with the news and a source at either: (415) 561-FISH (Southwest Office) or (541) 689-2000 (Northwest Office).

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