• An amendment proposed by Senator Michael Crapo (R-ID) to delete a provision in the bill allowing the government under the Conservation Reserve Program to acquire water rights from farmers for conservation purposes. An amendment requiring authorization by the governor of the state where such a transfer was to occur had earlier been added to the bill. The National Farm Bureau opposes the conservation language and is lobbying for the Crapo amendment.
• An amendment (SA 2513) proposed by Senator Christopher Bond (R-MO) would have given the President broad authority to waive environmental laws, including those necessary for the protection of fish stocks and, consequently, fishing jobs. The Bond amendment would have directed the Department of Agriculture (USDA) to review all proposed agency actions to see whether a proposed agency action, such as protecting listed species, would have a significant adverse economic impact on farmers or jeopardize the safety of farmers, as well as give the President the power to override virtually any federal law. It failed by a vote of 54-43.
• An amendment (SA 2514) by Senator Gordon Smith (R-OR) containing "takings" language is still pending; it would compensate farmers with disaster relief funds by broadening "disaster" to include any financial impacts of complying with federal laws such as the Endangered Species Act (ESA). The rider would take money from farmers who desperately need compensation from crop loss due to true natural disasters. The takings compensation's high cost would weaken enforcement of environmental laws, including those to conserve fish resources.
• An amendment (SA 2471) by Senator Ted Stevens (R-AK) would transfer authority for organic fish standards to the U.S. Department of Commerce (DOC) and direct the agency, which contains the National Marine Fisheries Service (NMFS), to establish regulations for organic certification of fish. The Stevens amendment is in response to the USDA's National Organics Standards Board (NOSB) action in October denying organic certification for wild fish, but allowing aquaculture products to be certified as organic (see Sublegals, 4:16/08; 4:14/06; 4:14/07).

Stevens is pushing his language at the behest of Alaskan and other U.S. fishermen concerned with USDA's current double standard on organic labeling, i.e., honey from wild bees and free range beef can be labeled as organic, but wild fish are ineligible. PCFFA has suggested USDA either make its labeling requirements consistent or allow for an "organic equivalent" type of label that could be used by any aquatic products - wild, cultured or farmed. The Alaskan Senator has indicated that he will not bring up his amendment for a floor vote in the Senate if the bill managers insert statutory language in the final bill concerning the establishment by the Secretary of Agriculture of organic standards for wild caught fish. The Senate bill also contains a requirement for "country of origin" labeling of farm and fish products, but that language is not as comprehensive as that inserted by Senator Frank Murkowski (R-AK) in the Trade Adjustment Assistance Act (see Sublegals, 4:24/01) that will be taken up next year.

4:25/02 HOUSE ACTS ON ONE FISHERY BILL; MAGNUSON-STEVENS ACT DEBATE WAITS UNTIL NEXT YEAR: On 11 December, the U.S. House of Representatives passed H.R. 1989, the Fisheries Conservation Act, which extends funding for six of the nation's fishery laws. The measure, by Congressman Wayne Gilchrest (R-MD), authorizes $14.88 million in 2002 and will provide up to $16.395 million through the 2003-2006 period in gradual steps. The bill extends authority or appropriations for: the Anadromous Fish Conservation Act; the Atlantic Striped Bass Conservation Act; the Atlantic Coastal Fisheries Cooperative Management Act; the Atlantic Tunas Convention Act; the Northwest Atlantic Fisheries Convention Act; and the Interjurisdictional Fisheries Act of 1986. For more information, contact Representative Gilchrest's office at www.house.gov/gilchrest www.house.gov/gilchrest or see: http://thomas.loc.gov.

Action, meanwhile, on reauthorizing the nation's major fisheries statute, the Magnuson-Stevens Fishery Conservation & Management Act, 16 USC 1801, et seq., will not be taken up until after Congress reconvenes next year. Most of the focus is expected to be on Congressman Sam Farr's (D-CA) Fisheries Recovery Act, H.R. 2570, that strengthens existing language on the prevention of overfishing, reducing bycatch and protecting habitat. It also would redirect Saltonstall-Kennedy Act (S-K) funds to assist fishermen to modify or develop more selective fishing gear and gear that does not harm fish habitat. For more information, contact Representative Farr's office at: samfarr@mail.house.gov.

4:25/03. KLAMATH AID PACKAGE FIZZLES AS FARM BILL DERAILED BY RIDERS: The carefully crafted funding compromise (see Sublegals 4:24/06), that would have directed $175 million in restoration funds to the Klamath Basin over the next five years, is now included in the Manager's Amendment to the Senate version of the federal Farm Bill, S.1731. The bill itself, however, was tabled by inability to get the required 60 votes for "cloture" to end debate and to overcome a filibuster threat (see Sublegals 4:25/01 above). The Klamath Water Users' Association objected to the language, which otherwise had broad support, because it failed to contain any guarantees of water deliveries. Federal agencies have taken the position that such guarantees would be illegal and make it impossible to meet other federal government obligations to fisheries and Tribes in dry years. The whole controversy now moves over to next year, with long promised Senate Environment & Public Works Committee hearings on these issues not yet scheduled. For the full bill and amendment language see: http://thomas.loc.gov.

4:25/04. BOXER INTRODUCES SENATE SALMON FUNDING BILL: On 13 December, U.S. Senator Barbara Boxer (D-CA) formally filed a separate Senate alternative version of the salmon recovery funding bill by Representative Mike Thompson Bill (D-CA), H.R. 1157, which passed the House of Representatives on 13 June by a vote of 418 to 6. The Boxer bill, slightly different from Thompson's bill (now also in the Senate), is also called the "Pacific Salmon Recovery Act," S. 1825, and would allocate 85 percent of up to $350 million/year for five years to five west coast states (Alaska, California, Oregon, Washington and Idaho), with the additional 15 percent divided among many Tribes, as a federal share of state-based salmon restoration efforts in those states. The bill was co-sponsored by Senators Dianne Feinstein (D-CA), Ron Wyden (D-OR), Gordon Smith (R-OR), Larry Craig (R-OR) and Mike Crapo (R-ID). Idaho wants some of the salmon restoration money to deal with its Snake River salmon issues. Currently Congress is appropriating these funds on an ad hoc basis (omitting Idaho) and, though independent statutory authority is technically not required, putting authority on record with a strong vote in Congress would institutionalize the federal salmon recovery funding program and give it an advantage in future budgeting conflicts, likely if current projections that the U.S. federal budget will slide into deficits over the next few years are correct. The bill can be reviewed by bill number search at: http://thomas.loc.gov.

4:25/05. FRAGMENTATION, MISMANAGEMENT AND RACISM BLAMED FOR DEEP SEATED KLAMATH WATER WARS: In a new report, "Water Allocation in the Klamath Basin: An Assessment of Natural Resource, Economic, Social and Institutional Issues," jointly prepared by scientists from Oregon State University (OSU) and the University of California, researchers looked at this summer's water disputes in context, and blamed a long history of geographic and agency fragmentation, decades of federal and state agency mismanagement and deep polarization exacerbated by racism toward the Klamath Tribes (and further inflamed by this year's sensationalist media coverage) as among the driving causes for Upper Klamath Basin water allocation disputes during this year's record drought.

The OSU report also estimated the total economic damages from this year's Klamath Basin drought and the consequent water cutbacks, some mandated by the Endangered Species Act (ESA) and Tribal rights obligations of the federal government, and concluded that only about 2,000 jobs were affected (about 3.5 percent of Upper Klamath Basin total employment), and about $71 million in total farm income was actually lost, a figure that is less than one-third of claims by the agricultural community. Klamath Irrigation Project water deliveries this year were actually in excess of 245,000 acre-feet, or about 57% of the 30-year average. However, the OSU damages figure still exceeds estimates published in an earlier report by the natural resource economics firm ECONorthwest, which pointed out that a long history of worldwide agricultural market commodities declines and wasteful water practices within the Upper Klamath Basin have also lead to most farms in Klamath County being only marginally profitable, with a total farm income now averaging only $35/acre (see Sublegals 4:19/06). The two reports have yet to be reconciled, and use very different methodologies. (Also see Sublegals 4:24/07; 4:15/07; 4:14/04; 410/06; 4:09/04; 4:08/05; 4:07/02; 4:04/11; 4:03/05; 4:02/01; 4:01/01; 3:26/05; 3:25/05; 3:24/01; 3:20/01; 3:17/02; 3:15/07; 3:14/01; 3:13/02).

The 20 December Oregonian carried an extensive story on the report, available online at: http://www.oregonlive.com/printer/printer.ssf?/ xml/story.ssf/html_standard.xsl?/base/news/100885296326534220.xml or by a search in their archives from: http://www.oregonlive.com. The 301 page OSU report is at: http://eesc.orst.edu/klamath. Public comments on the OSU report will be taken as part of a draft review process until 25 January 2002, with the final report anticipated to be released 25 March 2002. By way of comparison, the ECONorthwest report is at: http://www.salmonandeconomy.org/pdf/KlamathWater.pdf.

4:25/06. NEW CALIFORNIA DEEPWATER PORTS PROPOSED: Stand alone legislation, or perhaps a floor amendment to Representative Ken Calvert's (R-CA) CALFED bill, H.R. 1985 (see Sublegals 4:12/08) is expected to be introduced by a bi-partisan coalition of California House members (reported to be Republicans John Doolittle, Wally Herger and George Radanovich, and Democrats Gary Condit and Calvin Dooley) to provide the authorization and appropriations for the study and preliminary work toward creating inland deepwater ports at Shasta and Friant dams as well as necessary dredging below and above the dams. A spokesman for one of the Congressional offices, speaking off the record, said new transportation modes were desperately needed both to serve commute traffic with ferries to far-off suburbs as well as remove some large trucking from the highways by shipping more of California's agricultural products from the Central Valley by tug and barge. "Lewiston, Idaho has been our inspiration for all of this and, who knows, it could even allow us to build more dams, just like those on the Snake," said the spokesman. "Let's see those fringe environmental and fishing groups stop that." PCFFA Executive Director, Zeke Grader, said that given CALFED's intent to destroy the San Francisco Bay estuary with more freshwater diversions, his group might not object if the estuary were relocated to the eastern part of the Delta and eel grass beds and oyster reefs were established and a Dungeness crab hatchery built. To see the Calvert CALFED bill, H.R. 1985, go to: http://thomas.loc.gov.

4:25/07. SALMON FOOD COLORING AND DRUGS: WorldCatch News Network reported on 6 December that the demand for the carotenoid astaxanthin, a food coloring used in salmon farming, is uncertain as the salmon industry undergoes a serious downturn. The problems of the fish faming industry are having a direct effect on the astaxanthin market, since the aquaculture feed industry is by far the largest market for the carotenoid. Astaxanthin is primarily used to give farm-bred salmon a 'natural' pink color, but as farmers come under cost of production pressures, they may choose to greatly reduce use of the carotenoid. Leo Hepner of UK-based L. Hepner & Associates says that "Astaxanthin represents a significant portion of fish feed costs, so unless a customer insists on having it, it is the first to go." The poor health of the fish market stems from a host of factors. There is an oversupply of farmed salmon that has pushed salmon prices to an industry low. The rising cost of raw ingredients for the feed is adding to farmers' pain. Further, a viral disease plagues the fish farming industry.

WorldCatch also reported 10 December that the U.S. Food & Drug Administration (FDA) has issued Import Alert #16-124, which calls for "Detention without physical examination of aquaculture seafood products due to unapproved drugs." "There has been an extensive commercialization and an increased consumption rate of aquaculture seafood products," the Alert read. "As this industry grows, the use of unapproved new animal drugs and the misuse of approved new animal drugs in seafood raised through aquaculture also grows. [This] will have an impact on the safety of aquaculture products for consumers," the Alert warned. Similarly, on 10 August, the FDA proposed a regulation in the Federal Register to establish drug residue tolerances (import tolerances) for imported food products of animal origin for drugs that are used in other countries, but that are unapproved new animal drugs in the United States. For more information go to: www.worldcatch.com, also see: www.fda.gov.

4:25/08. UNITED NATIONS RELEASES REPORT ON AQUACULTURE: A United Nations' Food & Agriculture Organization (FAO) report entitled "Aquaculture in the Third Millennium," released 10 December by the FAO headquarters in Rome, concludes that aquaculture's contribution towards global fisheries landings continues to grow, dominating all other animal food producing sectors. The percentage of seafood caught in wild fisheries is decreasing, and fish farming is the source of an increasing percentage of seafood in the United States and worldwide. The value of U.S. aquaculture production has grown by five to ten percent each year over the past decade, and aquaculture is regarded as the fastest growing segment of U.S. agriculture, according to a 1997 report by Environmental Defense on the environmental consequences of aquaculture, "Murky Waters: Environmental Effects of Aquaculture in the United States." http://www.ed.org/pubs/Reports/Aquaculture/. The FAO report, "Aquaculture in the Third Millennium," is the result of the Conference on Aquaculture held last February in Bangkok, Thailand, and organized by the FAO, the Network of Aquaculture Centre in Asia-Pacific (NACA), and the Government of Thailand. The report represents a comprehensive review of the status of aquaculture development in the world and is positive about fish farming despite many objections that fish escaping from net pens contaminate the wild fish gene pool, and that fish waste contaminates the ocean floor beneath the pens with chemicals fed to keep the fish healthy.

4:25/09. TILIPIA FROM NORWEGIAN FISH FARM THREATEN NICARAGUAN LAKE ECOSYSTEM: The Norwegian company NICANOR, together with Nicaraguan Patrick Bolaflos (a member of the current Nicaraguan President's family) are preparing to establish a Tilapia mass rearing aquaculture operation in Granada Lake, the main lake of Nicaragua, that threatens native species. Although tilapia is considered one of the "cleaner" forms of aquaculture, it, too, has problems. To date, three species of tilapia have been introduced into Nicaraguan waters, all of which have become established, but have been economic failures and are causing major damage to the ecosystem and harm to the local fishing economy.

The tilapia are: 1) displacing natives species and may soon lead to the extinction of several native fish species; 2) they have already completely eliminated aquatic plants from one ecosystem and may do so in several others; 3) have resulted in a net loss of biomass both in the lakes where they were introduced and in the commercial fishery; 4) have been responsible for the introduction of eye flukes disease in one ecosystem which have spread to native species and are transmissible to humans; 5) their eating quality is inferior to native species which they threaten; 6) potential economic benefits of tilapia aquaculture are greatly exaggerated given the complete economic failure of tilapia ventures in Nicaragua to date. It is being recommended that all tilapia culture in Nicaragua be confined to closed ponds with no possibility of escapes and that cage culture in open water be confined to native species only. Recommended also is that importation of live tilapia eggs, fry or adults of any species should be strictly prohibited as should the introduction of any tilapia into lakes or rivers in the country, including those where tilapia have already become established. This is because different varieties or breeds of tilapia may accelerate and worsen damage as they did in Lake Apoyo. For more information on the NICANOR tilapia project and what fishing groups can do to stop it, contact Jean-Michel Maes at: jmmaes@ibw.com.ni.

4:25/10. FISH FARM MORATORIUM DEBATE BEFORE SCOTTISH PARLIAMENT: On 12 December, the Scottish Parliamentary Committee held a hearing where they heard conflicting testimony on a proposed moratorium on fish farms in Scottish waters. According to a 14 December, WorldCatch News Network report, Dick Shelton, an expert in wild fish and shellfish, told the Environment Committee he backed a freeze on the growth of the industry, as he saw the environmental effects of its unchecked expansion, particularly the spread of sea lice from caged salmon to wild salmon and sea trout, as "the biggest single threat to wild salmon fishing in the North of Scotland." He said Scottish fisheries should play to their strengths and focus on their domestic markets, rather than pursuing the "world salmon prize."

Two aquaculture scientists, however, told the committee that a moratorium would hurt the fish farming industry. To see the complete article, go to: www.worldcatch.com.

4:24/11. TURTLES: Measures aimed at protecting endangered sea turtles have had major impacts on fisheries along the U.S. Atlantic and Gulf Coasts and in the Pacific. Turtle Excluder Devices (TEDs) have been mandated for use on shrimp trawls in the Southeast. Along the coast of California, and in Hawaii and the western Pacific in the swordfish fisheries (both longline and driftnet), and the longline tuna fishery have suffered extensive closures in order to avoid any bycatch of sea turtles. Four of seven sea turtle species are considered in danger of extinction worldwide. Here is some of what has been happening:

On 14 December, the National Marine Fisheries Service (NMFS) announced in the Federal Register (Vol. 66, No. 241, p.64793) it is extending the public comment period for receipt of comments on the proposed rule to amend the regulations protecting sea turtles to enhance their effectiveness in reducing sea turtle mortality resulting from shrimp trawling in the Atlantic and Gulf Areas of the southeastern United States, originally published in the Federal Register on 2 October. Written comments should be received by NMFS on or before 15 February 2002. Comments should be addressed to the Chief, Endangered Species Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. For information regarding the proposed rule, contact either: Robert Hoffman at: Robert.Hoffman@noaa.gov, or Therese A. Conant at: Therese.Conant@noaa.gov.

Also on 14 December, an emergency rule requiring shrimp trawlers operating in Atlantic waters from the shoreline out to 10 nautical miles between Melboune, Florida and the Florida/Georgia border to use TEDs with escape openings modified to exclude leatherback turtles was issued by the NMFS and will remain in effect until 13 January, according to a 19 December WorldCatch News Network report. The rule was put in place after reports came out in November of a high number of strandings of endangered leatherbacks along northeast Florida beaches. Leatherbacks are the world's largest species of sea turtle. Adults weigh between 600 and 1300 pounds and have carapaces (shells) five to six feet long. They are also the world's most wide-ranging sea turtle species, often migrating from the tropics to sub-Arctic waters to feed. The hard TED and Parker soft TED specifications are posted on NMFS' Southeast Regional website: http://caldera.sero.nmfs.gov/fishery/pannounc.gen/protann.99/newb999. htm. To see the complete WorldCatch article, go to: www.worldcatch.com.

On 10 December, NMFS published notice in the Federal Register (Vol. 66, No. 237, pp 63630-63632) that it was extending an emergency interim rule, now in effect, applicable to vessels registered for use under a Hawaii longline limited access permit (Hawaii longline vessels) and allows the use of basket-style longline gear as an alternative method for deep-set tuna longline fishing. This emergency interim rule: prohibits the targeting of swordfish north of the equator by Hawaii longline vessels; prohibits longline fishing by Hawaii longline vessels in waters south of the Hawaiian Islands (from 15 deg. N. lat. to the equator, and from 145 deg. W. long. to 180 deg. long.) during the months of April and May; allows re-registration of vessels to Hawaii longline limited access permits only in October; imposes additional sea turtle handling and resuscitation measures; and requires all Hawaii longline vessel operators to attend an annual protected species workshop. This emergency interim rule implements an order issued by the U.S. District Court for the District of Hawaii in March to reduce the number of sea turtles believed injured and killed incidental to longline fishing. Other parts of this emergency interim rule implement the terms and conditions contained in an amended November 2000 Biological Opinion (BiOp) issued by the U.S. Fish & Wildlife Service (USFWS) on the impacts of the Hawaii longline fleet on the endangered short-tailed albatross. In October, USFWS amended its BiOp on the short-tailed albatross allowing longline vessels to use basket-style longline gear as an alternative method for deep-set tuna longline fishing. The rule extends until 8 June 2002. Copies of the environmental assessment and regulatory impact review prepared for this emergency interim rule may be obtained from Dr. Charles Karnella, Administrator, Pacific Islands Area Office (PIAO), NMFS, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI, 96814-4700, or telephone: (808) 973-2937.

In addition to the restrictions being placed on U.S. fishermen by their government, the government of Vietnam is being asked to develop a turtle-protection program. WorldCatch reported 14 December scientists are urging that nation to develop action plan for the protection of sea turtles.

Participants in a 12 December round-table conference on the issue, sponsored by Vietnam's Ministry of Fisheries, agreed that the creation of more reserves for turtles and the zoning of breeding areas are a must. The representative from the International Union for the Conservation of Nature (IUCN) said Vietnam should conduct research on the current state of turtles and promote closer links between relevant bodies and communities in protecting them. Participants at this first-ever conference were also told the operation of the Department for Seafood Resource Protection under the Ministry of Fisheries is currently ineffective due to insufficient staff and funding. Vietnam is home to five species of sea turtles, which live along the coastline stretching from Quang Ninh to Kien Giang province. The country has two reserves for turtles in the Con Dao National Park in southern Ba Ria-Vung Tau province, and in the Nui Chua Natural Reserve in central Ninh Thuan province. To see the complete article, go to: www.worldcatch.com.

Finally, the Turtle Island Rescue Network's (TIRN) Sea Turtle Restoration Project is advertising for a Marine Species Campaigner to "implement grassroots and media campaigns regarding threatened marine species and fisheries, with an emphasis on sea turtles and marine mammals. This position involves the development and implementation of campaign strategies that involve the public in influencing policy. The qualified candidate must have the skills to research thoroughly the effects of fisheries, communicate those findings to the public effectively, and become directly involved in campaign work to reform fisheries." TIRN, which has been involved in litigation in the western Pacific restricting fisheries, has been criticized by fishing groups for its unwillingness to consider gear modifications and other experimentation by the fleet aimed at reducing or eliminating any potential turtle bycatch while still allowing fishing to continue. For more information on the position, go to: www.seaturtles.org.

4:25/12. YUKON RIVER DRAINAGE FISHERIES ASSOCIATION EXECUTIVE DIRECTOR SOUGHT: Formed in 1991, the Yukon River Drainage Fisheries Association (YRDFA), based in Anchorage, Alaska, is seeking an Executive Director. The YRDFA represents U.S. commercial, subsistence and sport salmon fishermen in the 42 communities in the Alaska portion of the Yukon River drainage. Skills desired include five years minimum experience working with diverse constituencies and agencies, public speaking, advocacy and assertiveness in policy arenas, cross-cultural consensus building/mediation, staff management and working with a diverse board. For more information, go to: yrdfa@alaska.com.

4:25/13. INTERNATIONAL FISHERIES AGREEMENT ESTABLISHED: A United Nations (UN) global oceans treaty, which establishes the first-ever framework for dealing with overfishing on the high seas, became effective last week (see Sublegals 4:23/01). The U.S. is among thirty nations to ratify this binding agreement, which sets new, compulsory standards for managing highly migratory and shared fishery resources. The agreement, an offshoot of the 1982 United Nation's Convention on the Law of the Sea (UNCLOS), establishes guiding principles for nations to undertake the sustainable management of straddling and migratory fish stocks, including requiring them to use "the precautionary approach" and minimizing pollution, waste, discards and by-catch. By ratifying this agreement, partner nations have agreed to be more cautious in managing fisheries when scientific information is uncertain, unreliable or inadequate. The absence of adequate scientific information can no longer be used as a reason for postponing or failing to take conservation and management measures. Partner nations will also cooperate in the collection and exchange of fishery data and give enforcement agents increased authority to board and inspect fishing vessels on the high seas to ensure compliance with conservation measures.

A spokesperson for the Canadian Department of Fisheries & Oceans (DFO) said the U.N. Agreement on Straddling & Migratory Fish Stocks (UNFA) originated out of concern by Canada that foreign vessels were having a serious impact on Canadian fish stocks. The dispute between Canada and Spain over Spanish vessels' detrimental effects on Atlantic cod stocks from the west coast of Canada was a particular point of contention. Those cod stocks were so heavily depleted that the entire cod fishery off the Canadian west coast collapsed earlier last decade, putting an estimated 30,000 people out of work. To access or review a copy of the full UNFA agreement, visit the United Nations website at: www.un.org/Depts/los/convention_agreements/ convention_overview_fish_stocks.htm.

NEWS, COMMENTS, CORRECTIONS: Submit your news items, comments or any corrections to Allison Vogt, Editor at: ifrfish@pacbell.net 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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