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Monday, September 24. 2007 Icicle Seafoods to pay EPA fine SEATTLE – Icicle Seafoods Inc. has agreed to pay a $900,000 penalty to the Environmental Protection Agency to settle charges that its largest processing vessel created a 1-acre "dead zone" underwater in Alaska by discarding seafood-processing wastes. The Seattle-based company already had spent about $1.1 million cleaning up the seafood waste pile. Inspectors cited the company in 2003. In August, about a month after the proposed $900,000 fine was made public, Icicle announced it would be bought by Fox Paine Management III, an investment firm based near San Francisco. The 8,900-pound M/V Northern Victor, the EPA charged, dumped fish heads, entrails, bones and other wastes from the ship. The dumping occurred, the EPA said, in Udagak Bay, in the Aleutian Islands. – Seattle P-I (You’ll find more information concerning this matter in the coming issue of Pacific Fishing magazine.) Fisheries observer body found UNALASKA – Divers have found the body of a fisheries observer who was reported missing last week in Unalaska. – KIAL
Fishermen fined $20,000 each for dumping catch Two commercial fishermen have been fined $20,000 each after admitting dumping as much as 311 tonnes of southern blue whiting in the Southern Ocean in 2004. NELSON, New Zealand – Ross William McCoy and James Geoffrey pleaded guilty in Nelson District Court this week to 15 charges of dumping the fish. It is believed to be the largest case of dumping of its kind in New Zealand. The fishing company the two men were working for cannot be named for legal reasons. Ministry of Fisheries prosecutor Tim MacKenzie said the dumping took place over 2-1/2 weeks. The ship could not keep up with the large amounts of fish caught and unprocessed fish were dumped each time a fresh catch was hauled aboard. A crew member videoed and photographed the dumping and reported it to the Ministry of Fisheries, he said. During subsequent interviews, crew members estimated between 40 and 311 tonnes of dead fish had been dumped, he said. Neither Alford nor McCoy, who were both career fishermen, had tried to stop the dumping, and Alford could have tried to slow the catch rate to allow full processing, he said. But counsel for Alford, John Sandston, said his client was simply following the skipper's orders. – Nelson Mail (For a look at another incident of dumping whiting – this time in the Pacific Northwest in an apparent attempt to avoid a season closure because of bycatch restrictions – see the coming issue of Pacific Fishing magazine.) Lummis object to bay mercury cleanup plan BELLINGHAM — Lummi Nation has expressed opposition to the Port of Bellingham’s plans for cleanup of mercury contamination in Bellingham Bay, including the creation of a new marina inside the old wastewater treatment lagoon originally built by Georgia-Pacific Corp. The Washington Department of Ecology announced its final approval of those cleanup plans last week. But in an e-mail statement, Lummi Natural Resources Commission Chairman Elden Hillaire said the tribe expects to make its views heard as federal agencies consider the permits that will be required before mercury cleanup can start and before a marina can be built. Among other things, the plan includes conversion of the 37- acre wastewater treatment lagoon into a marina with space for perhaps 450 boats. Mercury-tainted sediment now inside the lagoon will be removed for landfill disposal, as will some of the more contaminated areas at the mouth of the waterway, where the dredging will add water depth to accommodate ships at the port’s marine terminal. But in the inner portions of the waterway, Ecology officials agreed with port consultants’ findings that mercury deposited decades ago has already been partially buried by natural sediment buildup, and the environment can be protected by capping it with additional deposits of clean material. Hillaire’s statement contended that leaving some mercury in the bay could pose a risk to tribe members, some of whom get a large portion of their food supply from the bay. “The Lummi Nation is not convinced that the proposed cleanup will protect the public health and safety of tribal members due to the substantially greater amounts of fish consumed by tribal members relative to the non-Indian population in Washington state and the resulting associated risks posed by the contaminated sediments,” Hillaire’s statement said. Lummi Nation also opposes using the lagoon for a marina. Hillaire’s statement said the tribe would prefer to see the marina’s giant breakwater removed so that the area can be restored to its former status as a tide flat that could provide fish habitat. The marina would also encourage boat traffic that interferes with tribal fishing operations, he added. Port Executive Director Jim Darling said there was nothing surprising in Hillaire’s statement. He noted that Lummi Nation expressed similar views during the public comment period on the cleanup plan, and the port and the tribe have had ongoing discussions of the tribe’s concerns for at least two years. Port Environmental Director Mike Stoner said he was optimistic that the port and the tribe could reach an understanding on environmental issues surrounding the cleanup and marina project. He said the port and the tribe have recently agreed to hire a facilitator to move the discussion process toward an agreement. “It’s really important for us to work through this issue with the tribe,” Stoner said. “We want a clean site too.” While the cleanup plan was under study, the port attempted to address the tribe’s concerns about fish consumption by asking the U.S. Army Corps of Engineers to undertake an independent review of Ecology’s determination that consumption of large levels of seafood from the bay would pose no significant additional health risks to tribe members, Stoner said. The Corps’ scientific review upheld Ecology’s finding, Stoner said. The port shares the tribe’s goal of adding more fish habitat to the bay as mercury sediments are removed or capped, Stoner said. The marina project will open the treatment lagoon to tidal action once it is cleaned out, and plans call for creation of new eelgrass beds around the inside perimeter of the breakwater. The tribe’s proposal to remove the breakwater would add tens of millions of dollars to cleanup costs, while eliminating the marina as a source of both moorage revenue and nearby marine service jobs, Stoner said. The federal agencies that will be asked to issue permits for the cleanup and marina construction will be required to consider the projects’ potential impact on tribal treaty fishing rights, but the tribe does not have veto power over the projects, Stoner said. If the agencies determine that the projects would have a negative impact on tribal rights, the port would be asked to take steps to address those impacts. – Belliingham Herald Mercury: Study offers hope for safer eating COLUMBUS, Ohio – Mercury dumped in a lake can be found in game fish as soon as three years later, a group of Canadian and U.S. scientists reports. And that rapid movement can work in the opposite direction, the 24 scientists conclude. That means that reducing the amount of mercury from coal-burning power plants and industry could quickly result in a decrease in the amount of the heavy metal in the fish we eat. "It's hard to find good news in environmental science, and this is good news," said Cindy Gilmour, a microbial ecologist at the Smithsonian Institution and one of the report's authors. Federal and state air-pollution regulations call for reductions in mercury from power plants by 2010 and further reductions totaling an 89 percent drop by 2018. The resulting benefit of lower mercury in fish will be seen "in years or tens of years at the most," Gilmour said. The peak of mercury problems came in the late 1960s when commercial fishing of walleye was banned because fish numbers were down and the amount of mercury in the fish was increasing, Tyson said. Rob Reash, principal environmental scientist at American Electric Power, said industry studies have found that, in the U.S., 40 percent to 85 percent of the mercury in the air comes from global sources. Change will "take global, regional and local controls," Reash said. – Columbus (Ohio) Dispatch <<<•>>> Tuesday, September 25. 2007 Oregon Ponders Marine Protected Areas Astoria, Ore. – Commercial fishermen on the North Coast say they can't afford to have the government close any more nearshore ocean fishing grounds, but a marine reserve plan backed by conservation groups and Gov. Ted Kulongoski aims to do just that. With the recent advancement of wave energy projects -- an alternative energy form that could further reduce open fishing grounds -- the council is now at the heart of a controversial question that has coastal communities on edge: How should Oregon manage its ocean waters? Trawl fishermen are already banned from fishing in two federally mandated protected areas, the Rockfish Conservation Area, a swath of ocean that runs from the Canadian border to around Cannon Beach and broadens to nearly 30 miles wide in some places, and Essential Fish Habitat, which includes 150,000 square miles of West Coast ocean. "A lot of (fishermen) are pretty upset with the entire concept and they're starting to feel like it's just getting shoved down their throats," said Bjork, who argued that there isn't enough scientific evidence to justify creating the reserves, which could also have a negative impact on coastal economies. Former port commissioner Jim Bergeron, of Svensen, who has been a member of the Marine Reserve Working Group for several years, said the path toward creating marine reserves has been full of "blind alleys," and the council still needs a lot of scientific data and money to fund research and enforcement efforts if the plan is to be implemented responsibly. – Pacific Fishing columnist Cassandra Marie Profita writing in the The Astorian California Abalone Poaching Ring Broken SAN FRANCISCO – A tip from a recreational diver led game wardens to break up what they said was a felony commercial abalone poaching ring. Game wardens arrested seven suspects last week in San Jose and Cupertino, according to Fish and Game Lt. Kathy Ponting. "This is a particularly egregious case of poaching since several of the arrested are repeat violators and have been involved in this activity for some time," Ponting said. The case started in August when a sport abalone diver reported seeing a group making repeat dives in what appeared to be a commercial abalone operation. All commercial take and trade of abalone was banned in 1997. Only free diving, in which divers hold their breath, is allowed during a limited recreational season with strict daily and annual limits. A DFG investigation involving 40 game wardens uncovered what Ponting said was a commercial operation in which the suspects illegally harvested, purchased and sold abalone. In the arrests, wardens seized processed and whole abalone, $11,220 in cash and numerous sets of dive gear. According to the DFG, arrested and charged were: Chien Van Tran, 47, of San Jose, Bot Van Ho, 50, of San Jose, To Tran, 56, of San Jose, Oanh Thi Tran, 47, of San Jose, Cuu Thi Nguyen, 51, of San Jose, Su-Jan Lin Chuang, 49 of Cupertino, and Andy Van Le, 54, of San Jose. More arrests are pending, Ponting said. All seven will be prosecuted in Sonoma County. Illegal harvest of abalone for commercial purposes carries a minimum fine of $15,000 and a maximum of $40,000. Conspiracy to commit a crime is a felony and can lead to state prison time. Ponting said that Van Tran is currently on probation for previous abalone violations and that Van Ho also was cited previously for abalone violations. – San Francisco Chronicle
Exxon Now "Grasping at Straws" NEW YORK - Exxon Mobil's move to take the last major lawsuit over the 1989 oil spill of the Exxon Valdez tanker to the U.S. Supreme Court lacks merit and shouldn't be heard by the high court, the lawyer for plaintiffs in the case said Friday. David Oesting of Davis Wright Tremaine LLP in Anchorage, Alaska, said the oil giant its "grasping at straws" to get the top court to take the case. Seeking to keep $5 billion in punitive damages awarded earlier this year by a federal appeals court, plaintiffs in the Exxon Valdez suit late Thursday filed a brief in opposition to Exxon Mobil's petition for writ of certiorari to the Supreme Court. The suit represents the last piece of major litigation surrounding the Exxon Valdez oil spill 18 years ago, as the nine justices consider whether to rule in what's been a long and bitter fight. Lawyers for the roughly 33,000 plaintiffs have now formally responded to Exxon Mobil's Aug. 20 petition, arguing that the Supreme Court should hear the lawsuit. In the court documents, Exxon Mobil argued the case hinges partly on whether punitive damages should be imposed under maritime law against a ship owner for the conduct of a ship's master at sea...even when the conduct was contrary to policies established and enforced by the owner. Oesting said the case's punitive damage of $2.5 billion -- which doesn't include another $2 billion or so in interest payments -- amounts to an average of $76,500 for each of the 33,000 plaintiffs -- about five times the average of about $15,500 in economic harm to each party in the suit. The plaintiffs' latest brief points out that the $2.5 billion settlement amounts to less than three weeks of Exxon's current net profits. "Unlike any other ship owner of which we are aware, Exxon placed a relapsed alcoholic, who it knew was drinking aboard its ships, in command of an enormous vessel carrying toxic cargo across treacherous and resource-rich waters," according to the opposition brief submitted to the court. "And unlike any previous shipping disaster, Exxon's wrongdoing inflicted such widespread harm to private parties' interests, that the district court, at Exxon's request, certified a mandatory punitive damages class to protect Exxon from the threat of multiple punitive damage verdicts." Exxon Mobil could be forced to pay at least $2.5 billion in punitive damages plus another $2 billion in interest if the nation's high court refuses to hear the case and bumps it back to a judgment handed down by the U.S. 9th Circuit Court of Appeals, lawyers for the case said. Oesting said Friday the court could decide whether to hear the case or bump it back to the lower court's judgment by the end of November. While $5 billion remains a significant pile of money, it amounts to about 1% of Exxon Mobil's market capitalization. – MarketWatch B.C. Algae Bloom Kills Farmed Salmon PRINCE RUPERT, British Columbia – A salmon farm in the village of Klemtu, on the central British Columbia coast, experienced two algae blooms during the summer, the most recent of which killed hundreds of tonnes of farmed Atlantic salmon. The Localsh Bay farm site, one of around 35 sites operated by Marine Harvest Canada, was hit by the second harmful algae bloom two weeks ago, which has resulted in the death of an overwhelming number of fish. "We haven't seen algae blooms in Klemtu, so it was unusual for us to have this occur up there," said Clare Backman, Marine Harvest Canada's director of community relations and environmental compliance. "The species was Heterosigma akashiwo, which is a fairly well known species that causes damage to fish." Salmon farmers have had to learn to deal with such algae blooms, which are a widespread and commonplace problem for farms along the entire coast, particularly in the late summer and early fall... – Prince Rupert Daily News Diver Dies Working on Salmon Farm KLEMTU, British Columbia – In what was a tragic loss for the village of Klemtu, a young diver has drowned in a diving accident. The incident happened on the morning of Wed., Sept. 12. While removing dead salmon from a net pen at a Marine Harvest Canada farm site, 19-year-old Stewart Edward Wallis died in an incident that the coroners office and WorkSafe B.C. are both now investigating. "He was pronounced dead in the nursing clinic by a doctor as a result of a diving accident at one of the fish farms in Jackson Pass, 10 miles east of location here in Klemtu," said RCMP Chief Constable Jim Brewin. "I don't know if the coroner has released the cause of death, but it was definitely as a result of a scuba diving accident." The man had been working for a Campbell River-based diving company that was contracted to carry out maintenance work on fish farm pen nets, including the removal of dead fish and the cleaning of nets. "We're very, very sorry that this has occurred," said Clare Backman, spokesperson for Marine Harvest Canada in Campbell River. "Our entire focus right now is on the village and the people and the family, and on making sure this doesn't happen again." Seasons on the Sea: The North Coast's Commercial fishing industry has seen major changes in the past 20 years, with many fishermen checking out for other jobs. But there is a steady group of fishermen still willing to place their bets on the sea, where they believe there is still a future. <<<•>>> Wednesday, September 26. 2007 Senator Wants Fish Ladders Around Hells Canyon Dams WASHINGTON, D.C. - Senate Majority Leader Harry Reid (D-Nev.), has asked the Federal Energy Regulatory Commission (FERC) to require fish passage at the Hells Canyon Complex on the Snake River as a condition of renewing the dams' federal operating license. The Idaho Power Company is currently seeking to renew its license for the three dams along the Idaho-Oregon border, which block salmon from returning to the upper reaches of the Snake River Basin and effectively wiped out the historic salmon runs that once graced northeast Nevada rivers. The Senate Majority Leader's request, made via a letter to FERC, was echoed by federal, state and tribal fisheries biologists. Spanning six western states (Nevada, Wyoming, Idaho, California, Washington, and Oregon), the Columbia-Snake River Basin was once home to the world's most prolific salmon runs. Dams, habitat destruction and poor water management on the Snake River have caused wild salmon and steelhead populations to decline dramatically. These fish, which once ranged as far south as Nevada's Owyhee and Bruneau rivers and sustained tribal communities, remain legendary to Nevada sportsmen and anglers today. Idaho Power's federal permit to operate the Hells Canyon Complex, constructed without fish passage, is currently up for review by FERC. Although fish passage is often mandated as a condition of re-licensing and was indeed contemplated for this three-dam complex when it was built, FERC, in its final Environmental Impact Statement (a precursor to the federal permit), dismissed recommendations by the State of Oregon, the Nez Perce Tribe, the Shoshone-Paiute Tribe and conservation groups to require it at Hells Canyon. – Press release, Save Our Wild Salmon Coalition Privatizing Observers Opposed by Civil Servants WASHINGTON, D.C. – A plan to put substantially more fishing observers under direct industry control precludes independent monitoring and saps protections for shrinking fish populations, endangered sea turtles and marine mammals, according to comments filed by Public Employees for Environmental Responsibility (PEER). Under the plan, observers in the North and Mid-Atlantic, now under contract to the National Oceanic & Atmospheric Administration (NOAA), would be industry selected and funded – a move that greatly expands a much-criticized model in use only for Alaskan groundfish monitoring. Professional observers accompany commercial fishing vessels to ensure compliance with catch limits, by-catch rules and regulations protecting marine mammals, sea turtles, seabirds and other non-commercial sea life. Most of these observers now work under contract to the National Marine Fisheries Service, a branch of NOAA, or through a direct contract between the Service and the Observer Provider Contractor. But under a plan, approximately half of all observers would work for the fishing fleets they are supposed to police. - Common Dreams
Foul Play Ruled Out in Observer Drowning UNALASKA, Alaska – Foul play has been ruled out in the death of a fisheries observer whose body was found near the Westward Seafoods dock in Captains Bay on Thursday morning. –KIAL Former Alaskan Fisherman Gets "Genius" Award ANCHORAGE, Alaska – An Alaska Native anthropologist from the Kodiak Island village of Old Harbor has received one of the most prestigious -- and lucrative -- awards for intellectual achievement in America. Sven Haakanson, 41, is among 24 new MacArthur Fellows announced today. A press release from the John D. and Catherine T. MacArthur Foundation’s Fellows Program called Haakanson “the driving force behind the revitalization of indigenous language, culture and customs in an isolated region of North America.” It also mentioned his artistic accomplishments as a mask carver and photographer. The so-called “Genius Award” comes with a $500,000 grant that recipients may spend as they see fit. The selection process is famed for its secrecy and candidates usually have no clue that they are under consideration. Haakanson learned of the award in a crack-of-dawn phone call on Monday of last week. “They woke me up at 6:30 in the morning,” he told the Daily News. “Anybody calling you that early, you think: Is this a joke?” When he realized the caller was serious, he felt humbled, he said. “To have someone even nominate me is wonderful.” Then the caller informed him that he would receive a half million dollars, no strings attached, over the next five years. “I was shocked,” Haakanson said, still sounding a little breathless. For 20 years, Haakanson earned money as a commercial fisherman. He is the son of the late Sven Haakanson Sr., the longtime mayor of Old Harbor and a respected elder. The younger Haakanson said his interest in anthropology began when he attended a youth conference in Denmark in 1988 and heard University of Alaska Fairbanks professor Lydia Black speak about the history of “Aleut people.” – -Anchorage Daily News Search for Prince William Sound Fisherman PRINCE WILLIAM SOUND, British Columbia - An air and ground search was in full swing Tuesday morning for a fisherman whose overturned boat was discovered on the shoreline of a small island near Prince William Sound. There was no sign of Steve Reutov, the sole occupant of Hero, a 32-foot aluminum boat. A survival suit and life ring were found on the beach, Coast Guard spokesman Kurt Fredrickson said, indicating that possibly the items were tossed from the boat when it ran aground. Reutov was due in Cordova at 6 p.m. Monday. At 9 p.m., his brother alerted the Coast Guard, which diverted a helicopter on a training flight to search the area around Egg Island, where the Hero had been seen earlier in the day, Fredrickson said. The Coast Guard found the overturned boat around midnight. A Coast Guard swimmer found no one aboard and reported damage to the boat, Fredrickson said. By midmorning Tuesday, the Coast Guard and Alaska State Troopers were looking for Reutov - the Coast Guard with a Jayhawk helicopter that was scanning the waters to the west, following the current, and the troopers with search dogs on the ground. Fredrickson described Egg Island as an eight-mile strip with some vegetation. If Reutov isn't on the island, he said, "he'd be in the water. The state police don't think anyone could make it to land from Egg Island." Reutov was a commercial fisherman taking part in a 24-hour gillnet opening for salmon on the Copper River. No other information about him or his boat was released. – Anchorage Daily News <<<•>>> Thursday, September 27. 2007 It's Official: Icicle Sale Goes Through REYKJAVIK, Iceland – Icicle Seafoods, Inc. announced the completion of an agreement to sell a majority of the company's shares to FP Icicle Holdings Inc., a company formed by investment funds managed by U.S. private equity firm Fox Paine Fund III, LP. The transaction closed 25 September 2007. Based in Seattle, with annual revenues of over $300 million, Icicle is one of the largest seafood companies in the U.S., serving markets in North America, Japan and Europe. The company has extensive presence in Alaska, as well as operations in Washington, Oregon and Southern Chile. Icicle harvests and processes wild Alaska salmon, pollock, crab, halibut, cod, sablefish and herring, and is entering the farmed salmon segment. Glitnir Capital Corp. acted as mandated lead arranger and sole bookrunner for Fox Paine's acquisition financing. Glitnir is considered the leading financial group serving the global seafood industry. Current management led by Don Giles will remain in place to oversee the company's future growth under the ownership of Fox Paine. – Press release How have employees of other companies fared after purchase by Fox Paine? We tell you in the current issue of Pacific Fishing, mailed out to subscribers today. Fishing Boat Sinks, Leaks Fuel at Tulalip TULALIP. Wash. - A 60-foot commercial fishing boat sank Sunday morning at the Tulalip Marina leaking about 75 gallons of diesel fuel, officials said. By Sunday afternoon, most of the spilled oil was cleaned up and salvage divers were able to prevent further leaks from the sunken boat, Tulalip Tribes police Lt. Robert Myers said. - The Herald, Everett, Wash
California Lake Poisoned to Protect Salmon SACRAMENTO - For the second time in a decade, California state wildlife authorities began dumping liquid poison into a Sierra lake Tuesday to exterminate an invading fish considered a potential threat to salmon runs and Northern California water exports. "It's a really monumental effort," said state Resources Secretary Mike Chrisman, noting the numerous eradication attempts that led up to this.
– Los Angeles Times Pebble Meetings Taken to the Bush JUNEAU, Alaska – Some Alaska legislators are taking an unusual odyssey by holding public hearings in three Southwest Alaska villages this week. Rarely do legislators convene hearings in rural Alaska. The topic this time -- a House bill to restrict mines, particularly the controversial Pebble prospect, from using water in 19 million acres in Southwest Alaska -- was pressing enough for nearly a dozen legislators to convene in the villages, said the bill's sponsor, Rep. Bryce Edgmon, D-Dillingham. "We all know that the Pebble mine is the impetus of the bill," Edgmon told a crowd assembled in Newhalen on Monday. The bill, House Bill 134, would prevent miners and possibly others who seek to develop land from discharging pollution into or taking water out of five major river drainages that supply the rich Bristol Bay salmon fisheries -- the Nushagak, Kvichak, Naknek, Egegik and Ugashik river systems. Edgmon introduced the bill this year and it remains in the House Fisheries Committee, which convened this week's hearings. If the bill is approved next year, developing a mine in the region would be impossible because a mine needs water to operate, according to Northern Dynasty Mines Inc., one of the companies exploring the huge Pebble copper and gold deposit near Iliamna. Pebble straddles the headwaters of the Nushagak and Kvichak rivers. The bill would exempt oil and gas projects and seafood processing, as well as many other local uses, such as village drinking water, road projects and individuals who fish, hunt and develop their private property. Corporations that violated the bill's provisions would face fines of $100,000 to $1 million per day. Opinion on the Edgmon bill was mixed Monday and Tuesday at hearings in Newhalen, near the Pebble site, and Naknek, near the mouth of a Bristol Bay river. The hearings drew testimony from more than 60 people, including village and Native corporation officials, teachers, high school students, sportfishing guides and commercial and subsistence fishermen. Some Native leaders, including Thomas Tilden, chief of the Curyung Tribal Council in Dillingham, said Edgmon's bill would save the region's salmon from getting wiped out by the mining industry. Other Native leaders, such as Raymond Wassillie, president of the Newhalen Village Council, and Lisa Reimers of Native-owned Iliamna Developm |