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Monday, October 29. 2007 To the Editor: Knife in Our Back KODIAK, Alaska - According to the Kodiak Mirror on Oct. 1, the Kodiak Island Borough Assembly voted to support the inclusion of crewmen’s rights into North Pacific Fishery Management Council’s motion to overhaul Bering Sea crab rationalization. Apparently the dog ate the newspaper that day at the home of Duncan Fields. Fields had dropped an off-the-record comment last summer to the effect that he’d support crewmen’s rights, probably to keep the crewmen off his back so he could slip the knife into us without interference. It was a setup from the start. I remember when Duncan was being considered for the position he now holds, I mentioned that it was a bad idea to put a man in that seat who was so deeply invested in setting up community development quotas. It’s obvious that the plan all along has been to cut the fishermen off at the knees and cover the crime with a small consolation prize on the processor quota side. At the December NPFMC meeting, Duncan will get a chance to do the right thing by his community and it seems to me that it would be a good career move for him. The motion can be reopened and the crew inserted. Otherwise it’s doubtful we can look for any favorable treatment from the NPFMC for years to come, if ever. – John Finley writing to the Kodiak Daily Mirror Kodiak Part of Fisheries Documentary KODIAK, Alaska – A British film crew with Fulcrum TV traveled to Kodiak and other parts of Alaska in August to film aspects of the fishing industry that demonstrate sustainable practices. The movie will be called “The End of the Line,” based on a book of the same name by Charles Clover. It will highlight well-managed fisheries, such as those in Alaska. It will also document not-so-well managed fisheries. “The documentary has an enforcement angle to it,” said Ken Hansen, the National Oceanic and Atmospheric Administration assistant special agent in charge. “It looks at failures around the world of fishing and regulatory programs and over-fishing in general and the demise of the ocean,” Hansen said. “The (crew) have gone to a couple of countries. The United States, New Zealand and Iceland are the three where they are chronicling successes.” The film crew initially visited the East Coast and asked where to find fishing successes in the states. They were told to go to Alaska. “It is a feather in Alaska/Kodiak’s cap as far as recognizing the whole process of fish management from the council perspective, industry, government and enforcement,” Hansen said. “That’s what they wanted to see. That’s what we hoped we showed them.” A small committee of industry representatives including Alaska Draggers Association director Al Burch, Alaska Groundfish Data Bank director Julie Bonney, Kodiak Chamber of Commerce economic development coordinator Trevor Brown and Hansen aided the film crew’s stay in Kodiak. Fishermen representing other gear types were involved. “We took them to lunch and gave them the information they were looking for. They were here to film the Alaska fisheries because of our sustainable designation,” Brown said. The film crew focused on quota fisheries, particularly halibut landings. They also looked at other longline and non-trawl fisheries. Hansen said he believes — despite disagreements on some of the fine points — industry, community and government are working together and are able to sit down and make effort toward the common goal of keeping our fisheries vibrant. “I’m very comfortable that we conveyed that approach and sense,” he said. “There is much more collaboration here than in many other areas in the world.” The film crew interviewed Hansen and some of his staff at length and spoke with local fishermen. They filmed a vessel boarding, a law enforcement tool NOAA uses to check if there is a mandatory permit holder onboard. NOAA agents also check amounts of fish onboard and whether there are species of fish that aren’t supposed to be retained. Although the landing was choreographed, it was an actual halibut off-load with a skipper who knew he and his boat and crew were being filmed. Hansen said he hopes the movie will lead to continued support of regulatory and management programs in Alaska. “We’re held up as an example of it working,” he said. The crew flew with the Coast Guard to film scenery in and around Kodiak ports. Alaska is unique because of its huge area relative to other countries where fisheries enforcement is simpler, Hansen said. “We’re blessed with a huge expanse of productive waters, so we have other tools such as VMS (vessel monitoring system) to help enforce and manage fisheries,” he said. Producers hope the movie, due out in early 2008, will be as influential as, “An Inconvenient Truth,” Hansen said. – Kodiak Daily Mirror
Fishermen Urge Cooperation in Dam Talks EUREKA, Calif. - Local fishermen, scientists and agency representatives bent the ears of top-level state resource officials Thursday, urging more cooperation on a variety of issues from the Klamath River to ocean fisheries. The Ocean Protection Council met at the Wharfinger Building, following a Wednesday tour of the lower Klamath and a salmon barbecue put on by the Yurok Tribe. California Department of Fish and Game senior advisor Greg Hurner told the council that a group of tribes, fishermen, agencies and other stakeholders hopes to wrap up settlement talks surrounding four dams on the Klamath by year's end. A settlement, if it's successful, would form agreements on water supplies for farms, flows and water quality for salmon, and water for Upper Klamath Lake and wildlife refuges in the upper watershed as well, Hurner said. The talks are confidential, giving the groups room to express concerns and work out sensitive issues, he said. ”It's to share ideas without repercussions,” Hurner said. “It's allowed people to get out of their comfort zone. The talks began as the Federal Energy Regulatory Commission began considering dam owner Pacificorp's request to relicense the dams for another 30 to 50 years. State resources secretary and council chairman Mike Chrisman began the meeting by saying that the effort to establish “marine protected areas” along the 1,100-mile coast has been “historic.” But two commercial fishermen urged the council to slow down and determine what effects the reserves are having before setting restrictions along the North Coast. Faced with significant reductions in quotas for fish like ling cod and other rockfish through other regulations, Crescent City fisherman Kenyon Hensel said he worried about the ramifications of marine protected areas here. ”We're concerned that it could be the end of our livelihoods,” Hensel said. The state is currently working on protected areas -- zones with varying restrictions on different uses -- along the north central coast out to 3 miles. It's unknown whether it will shift its attention to the North Coast next, or move to another region to the south. Trinidad commercial fisherman Mike Zamboni said that overfishing is a thing of the past, and that the economic reverberations of further restrictions would be severe. ”The state waters should be protected for fishermen,” he said, “not from fishermen.” David Hull with the Humboldt Bay Harbor, Recreation and Conservation District spent some time briefing the council on the attributes of the bay, orienting them on its importance for fish, wildlife and commerce on the West Coast. Researchers from the California Sea Grant talked about their efforts and offered their assistance. Humboldt State University President Rollin Richmond also offered up the university's resources to the council. – Eureka Times-Standard Atlantic Farmed Salmon Confirmed in B.C. Waters VICTORIA, British Columbia – It has been confirmed that shortly after a net breach at a salmon farm in Clayoquot Sound last month a small number of Atlantic salmon were found in nearby rivers. Stream survey crews reported finding five specimens of the same fish farmed by Mainstream Canada in the Bedwell and Ursus Rivers following the Sept. 4 accident at the company's nearby Saranac Island farm site. The crew made a report to the Fisheries and Oceans Canada database, said acting director for aquaculture Andrew Thomson. He confirmed four fish were found in the Bedwell River and one in the Ursus River. If the fish are deemed to be "catachable," often the aquaculture company will go in and remove them from the rivers, said Thomson. Without catching and testing the fish they can't be directly tied to Mainstream's Saranac Island site, but Thomson said finding Atlantic salmon at all has become uncommon. Mainstream managing director Fernando Villaroel said he only had reports of two or three fish. "We have no information about Atlantic salmon being found in some rivers in the area in big numbers, apart from two or three that were found near to the site when the incident was reported," he said. Villaroel said one Atlantic salmon was found by company surveyors 1.5 kilometers from the mouth of the Bedwell River, and one "about 2 kilometers from the confluence of the Ursus." The accident occurred when a shackle on the net of a harvesting boat ripped the containment net structure at one of ten pens at the Saranac Island site in the early morning hours of Sept. 4. Mainstream workers only learned of the breach when they saw fish swimming around in the outer predator net at 7 a.m. that morning. Haughton estimated there were roughly 20,000 Atlantic salmon in the 30-by-30 meter pen. So far, only 18,000 of those have been accounted for. Maryjka Mychajlowycz with the Friends of Clayoquot Sound said she has heard reports of five more Atlantic salmon being found near the Ahousaht reserve, but overall, she said it's fortunate the escape numbers appear to be low. "We're relieved to see that so far, indeed, not very many have escaped," she said. "But [this incident] points again to the inherent and unacceptable risks involved [in fish farming]. Nets are by definition susceptible to tearing. In this case they got lucky, but they have not always been." - Times Colonist, Canada Governor Invites 14 to Discuss Marine ReservesCOOS BAY, Ore. - It’s settled. Many of the invitees have been involved in the ocean issues discussions already and will attend the conference with Gov. Ted Kulongoski on Nov. 1. <<<•>>> Tuesday, October 30. 2007 Exxon Case Drags On WASHINGTON - The Supreme Court agreed Monday to decide whether Exxon Mobil Corp. should pay $2.5 billion in punitive damages to victims of the huge Exxon Valdez oil spill that fouled more than 1,200 miles of Alaska coastline in 1989. The high court stepped into the long-running battle over the damages that Exxon Mobil owes from the supertanker accident in Prince William Sound that was the worst oil spill in U.S. history. The Exxon Valdez ran aground on a reef, cracking its hull and spilling 11 million gallons of oil. Hundreds of thousands of seabirds and marine animals died as a result. It is a case filled with superlatives. The award, even after it was cut in half by a federal appeals court in December, would be the largest punitive damages judgment ever. A jury in Alaska awarded $5 billion in damages in 1994, and the company has been appealing the verdict ever since. Irving, Texas-based Exxon Mobil is the world's largest publicly traded oil company and last year posted the largest annual profit by a U.S. company - $39.5 billion. That result topped the previous record, also by Exxon Mobil, of $36.13 billion set in 2005. Arguing against Supreme Court review, lawyers for the plaintiffs, some of whom are deceased, said the damages award is "barely more than three weeks of Exxon's net profits." The plaintiffs still living include about 33,000 commercial fishermen, cannery workers, landowners, Native Alaskans, local governments and businesses. They urged the court to turn down the company's appeal, saying, "After more than 18 years, it is time for this protracted litigation to end." But the justices said they would consider whether the company should have to pay damages at all under the Clean Water Act and centuries-old laws governing shipping. The court has frequently sided with business interests in punitive damages and other cases of corporate liability. Exxon said that even if the court finds some money is due, it should rule that the $2.5 billion award violates the Constitution because it is too large. The justices said they would not consider that argument when they hear the case early next year. Exxon said it already has paid $3.4 billion in cleanup costs and other penalties resulting from the oil spill. The company marshaled more than a dozen organizations, ranging from groups of shippers to the U.S. Chamber of Commerce, to support its bid for Supreme Court review. The company argued it should not be held responsible for the mistakes of the ship's captain, Joseph Hazelwood, who violated clear company rules when the Exxon Valdez ran aground with 53 million gallons of crude oil in its hold on March 23, 1989. The plaintiffs said Exxon knew Hazelwood had sought treatment for drinking but had begun drinking again. The disaster prompted Congress in 1990 to pass a law banning single-hulled tankers like the Valdez from domestic waters by 2015. – Associated Press No Chinook for Anglers GRANTS PASS, Ore. - It's been a dull fall for anglers on the Rogue River. Spawning beds that are normally full of splashing Chinook salmon in October look sparse. And anglers in drift boats aren't hooking the traditional numbers. "We definitely have a poor run of fall Chinook," said Tom Satterthwaite, biologist for the Oregon Department of Fish and Wildlife in Grants Pass. That would be an understatement to Bob Rafalovich, the former owner of Rogue Wilderness in Merlin who still guides on the lower Rogue. He said it's been the worst fall fishing in his more than 30 years on the river. It's probably cyclical. A huge upswing occurred in the late 1980s, including an all-time high of 89,000-plus spring Chinook in 1986. That was followed by a downturn in the early 1990s, then a rebound between 1995 and 2000. In 2002 and 2003, fish counts over Gold Ray Dam on the Rogue River included record-breaking numbers for two runs of steelhead and two runs of salmon. Rafalovich, who started his career as a fisheries biologist, believes warm water off the Oregon coast since July is contributing to the poor returns. Eric Schindler, ODFW marine biologist in Newport, said ocean conditions do play an important role in returning adult salmon and steelhead numbers. He said sport catches of salmon off the coast during summer were poor, and that warm water came in closer to shore than normal. "With the warm water we had off the Oregon coast, combined with (nutrient rich waters) off of California, the fish simply may have not left California," Schindler said. "What we saw in the ocean this year was probably related to a lowered abundance of Chinook." ODFW also tracks fish numbers by netting fish at Huntley Park on the lower Rogue. Through mid-October, Huntley Park counts showed the half-pounder count was just 22 percent of the 10-year average. Half-pounders are steelhead that spend only a few months in the ocean, instead of more than a year, and come up the Rogue usually as 12- to 18-inches long. Numbers for fall Chinook (53.4 percent), Coho (65.4) and adult summer steelhead (61.8) were not as bad compared to the 10-year average. – Seattle Times
Steelhead Recovery Plan Outlined VENTURA, Calif. - Ten years after the steelhead trout was placed on the endagered species list, an outline has been released on how to recover the species. Scientists hope the outline will not only lead to increased steelhead populations, but also create watersheds in which a menagerie of species will thrive in healthier ecosystems. "Even though we couch the recovery in terms of a single species, when we are protecting water quality or riparian habitats, we are providing protection for dozens, if not hundreds of species," said Mark Capelli, area recovery coordinator with the National Marine Fisheries Service, which drew up the plan. An outline for recovery is mandated after a species is placed on the endangered species list. Parts of the plan detailing changes that need to happen are almost guaranteed to be controversial in the often contentious world of water use in Southern California. "We have to take care of the fish, you can't just ignore that," said Dana Wisehart, general manager of the United Water Conservation District. "But we have to find a way to balance it fairly so it doesn't destroy our agriculture and our industry here." The changes the plan highlights in Ventura County include: - Tearing down the Matilija Dam on the Ventura River. - Finishing components of a fish passage around the Robles Diversion on the Ventura River. - Approving fish passage around the Freeman Diversion on the Santa Clara River. - Evaluating and creating fish passage around the Santa Felicia and Pyramid dams on Piru Creek. The outline does not have regulatory teeth and can not force any agency to make the changes it proposes. However, other parts of the endangered species act do have the power to issue fines or prison time for killing an endangered species. More specific details about what needs to happen and what number of steelhead makes a viable population are expected sometime next year. The outline is designed to paint a broad-brush picture of the recovery, Capelli said. It doesn't go into great detail of what needs to happen on every watershed. Instead, it discusses the larger requirements of unobstructed waterways, clean water and plenty of habitat. But it is the first official document that looks at the long road to recovery, which is likely to take decades. It is science-based and does not take social or political issues into consideration. "There is no more equivocations about how do to it," said Russ Baggerly, chairman of the Casitas Municipal Water District board, who has been an outspoken advocate for the steelhead. "We have a document that gives us this really clear road map of how to bring back the fish." Wisehart believes the guidelines on the number of steelhead expected to one day live in the Santa Clara River will be higher than what were historically there. She doesn't want undue restraints put on her agency if the goal is to restore more fish than are needed. - Ventura County Star Editorial: Communities Depend on Mining Jobs JUNEAU, Alaska - I have watched with great interest Coeur Alaska's efforts to reopen the Kensington Mine. I have been a commercial fisherman for 38 years, lifetime member of United Fishermen of Alaska, former director of several fishing organizations, a Native leader, and the Alaska House representative for District 5. It has been an honor to be involved in these capacities. The opening of the Kensington mine has been a controversial issue in my district for sometime. Now, after Coeur has invested more than $200 million, the mine is ready to begin operations. However, the date that those operations will begin is uncertain due to current litigation. The Kensington Mine will be a mine. Environmental groups know, and openly admit, this. They say they are not against the mine, but every time I pick up the paper, I see yet another blockade that has been thrown into the path of the opening of the mine. As a commercial fisherman, I understand the environmental concerns that arise from opening a mine in Berners Bay. Fishing is my livelihood. It is who I am. I would never want any other commercial activity to jeopardize this. However, the information that has been presented to not only myself, but other local fisherman, has led me to believe that using Lower Slate Lake for a tailings facility is the best option, with the least potential impact on the local fishing community. Southeast Alaska is suffering economically. Based on the annual Juneau Economic Overview prepared by the Juneau Economic Development Council, these are the hard facts: There has been no growth in the Southeast Alaska population since 2000. From 2000 to 2006, 1,600 people left our capital. Since 1995, Juneau's per capita income has grown 16 percent below the statewide level. Compared to 1999, today there are 452 fewer grade school students and 156 fewer middle school students in Juneau. Coeur has been honorable in training and placing Alaska Native shareholders and Southeast Alaskans at the Kensington site. They came to town boasting a local hire and contracting policy and kept their word. A number of my constituents now enjoy year-round high-paying jobs. It is crucial that we keep these jobs. The mine needs to be allowed to proceed and to continue to offer jobs in Southeast Alaska. It needs to operate at the highest environmental standards, subject to sophisticated monitoring requirements. This is what we all want, and we want it to happen now - not three years from tomorrow. Our schools and communities depend on these jobs. -- Rep. Bill Thomas, R-Haines, writing in the Juneau Empire Death Linked to Abalone PoachingSANTA ROSA, Calif. - The California Department of Fish and Game is investigating a report that a group of Bay Area abalone divers may have been poaching when they were overcome by rough water and large swells off the Mendocino County coast last week. Two men who managed to climb to relative safety on a rocky outcropping were rescued from the wild surf between Fort Bragg and Westport, but a third man, an Oakland resident, drowned in the Oct. 17 incident, authorities said. <<<•>>> Wednesday, October 31, 2007 Exxon Betting on 1814 Case On Nov. 4, 1814, the Haitian schooner Amiable Nancy, bound for Antigua with a cargo of corn, was boarded by sailors from the American privateer Scourge and plundered of its papers, money, apparel and poultry. The American ship was working for its country, attacking British ships during the War of 1812, but in this case its crew went too far. For their attack on "unoffending neutrals," the ship's crew and owners were sued in federal court and ordered to pay not only for the loss of goods but "vindictive damages." Four years later, in a decision that became a monument in federal maritime law, the Amiable Nancy decision was reversed by the U.S. Supreme Court, which ruled that the owners of the Scourge couldn't be held liable for the error of its captain. On Monday, the Amiable Nancy sailed again through the Supreme Court, this time with the supertanker Exxon Valdez in its wake. The Supreme Court agreed Monday to hear an appeal of the Exxon Valdez punitive damages decision, based on Exxon Mobil Corp.'s invocation of maritime law, a vast and watery common-law domain that surrounds the federal statutes governing oil spills and civil damages. Drawing on the Amiable Nancy precedent, Exxon's lawyers argued that maritime law has a long tradition of limiting the liability of ship owners from the reckless mistakes of their captains. The Supreme Court singled out the maritime law arguments for consideration in the coming year. Four justices must agree, by secret vote, to hear a case on appeal. For fishermen who have been waiting since 1994 for their class-action lawsuit against Exxon to reach a conclusion, one development seemed to play in their favor. Justice Samuel Alito sat out the vote, presumably because he owns Exxon stock. That eliminates one of the stronger pro-business justices on the conservative Roberts court. Five of the remaining eight justices will have to agree with Exxon to overturn the current punitive damages figure -- $2.5 billion plus interest. Three points of law Monday's decision came as a disappointment to the fishermen's attorneys, who said the maritime arguments have been only on the fringe of the legal discussion before now. Backed by friend-of-the-court briefs from shipping and business interests, Exxon argued three points related to maritime law: • A ship owner should not be liable "vicariously" for the reckless behavior of a captain, under the Amiable Nancy precedent. • Maritime law has a long tradition of limiting punitive damages out of concern of bankrupting shippers because of mistakes made by distant captains. Surprise turn in the case The precedent absolving shipowners dates back to a time when captains set to sea for years at a time, forsaking all contact with their homeport, said the fisherman's lead attorney, David Oesting of Anchorage. It's time that such laws were retired, he said, arguing that Exxon should be held liable for "putting a drunk skipper on the bridge knowingly." "That's ludicrous these days," he said. "That's an anachronistic view of life or the law. These ships are monitored by satellite." – Anchorage Daily News Australia Pledges Fuel Relief for Fishing Industry The Federal Coalition is promising fuel tax relief for the fishing industry if it is re-elected. Fisheries Minister Eric Abetz says from July next year commercial fishermen and fish farmers will be able to claim credits for the 38 cents-a-liter excise on diesel and petrol. Senator Abetz says relief will be phazed in over four years for onshore fishing industries. "There will be a full rebate for the fishing sector, including catching fish, processing fish onboard, fish farming and operating a dedicated mother vessel," he said. "Then for the onshore, they will enjoy a full tax rebate as of 2012, getting the benefit of a full tax rebate as of July 1, 2008." – Australian Broadcasting Corp
California Trawler Tries New Techniques SAN LUIS OBISPO, Calif. - A year after The Nature Conservancy purchased Morro Bay’s entire trawl fishing fleet, the group is allowing a fisherman to use one of its permits to test new trawl gear designs that are less damaging to the ocean floor and catch less unwanted marine life. The group entered into a one-year conservation fishing agreement with veteran Morro Bay fisherman Ed Ewing. Ewing will use the trawl fishing boat South Bay. The agreement is part of ongoing efforts by commercial fishermen, Morro Bay and The Nature Conservancy to develop sustainable fisheries and preserve the county’s struggling fishing industry. “It’s sort of a brave new world,” said Michael Bell, a program director with The Nature Conservancy’s California marine program. “Hopefully, Morro Bay can create a sustainable fishery and fishing can continue to be a component of its economy.” The Central Coast’s commercial fishing industry is reeling under increasing regulations and restrictions intended to protect several fish species thought to be depleted. Developing low-impact trawl gear is a way to ensure that fishers will continue to have access to fish, Ewing said. “We are trying to get this business built back up with more fish coming across the counter with smaller, sustainable gear,” he said. “We have to have access to the resource before we can build up the market.” A grant from the state Coastal Conservancy is helping to pay for the trawl gear research. The city of Morro Bay is also chipping in to pay for fuel and other expenses, said Rick Algert, Morro Bay’s harbor director. Trawl fishing has been particularly hard-hit by restrictions and closures. Trawling involves dragging nets across the ocean floor. It is the main way halibut, sole, sanddabs and other flatfishes are caught. However, the nets can damage the ocean floor, particularly rocky areas. The nets also haul up and kill marine life not targeted by fishermen; this is known as bycatch. In order to minimize this damage, The Nature Conservancy in 2006 brokered a deal in which 6,000 square miles of ocean floor off the Central Coast was placed off limits to trawlers. The group also purchased the last seven federal trawl permits held by local fishermen, as well as four aging trawl vessels, including South Bay. Two trawlers continue to operate out of Port San Luis using state-issued permits. Along the Pacific Coast, about 160 federal trawl permits are still in use. The trawl gear Ewing is developing is smaller and lighter to minimize bycatch. It will only be used over areas with soft ocean bottom that have already been trawl fished, Bell said. The Nature Conservancy is negotiating with federal regulators to use its other trawl permits to experiment with more selective gear, such as hook-and- line and traps. However, many flatfishes have small mouths, and trawling may be the only viable way to catch them. Once reliable fisheries are established, the fish will be marketed as locally and sustainably caught and sold at higher prices. Demand for seafood is high, with Americans typically consuming 16.5 pounds of seafood per person per year. – San Luis Obispo Tribune
The Pribilof Island of St. Paul with Greenpeace
UNALASKA, Alaska - For centuries, the lives of the mostly Native residents of the Pribilof Islands in the Bering Sea have been shaped by outsiders. In the 19th Century, it was Russian fur traders and the American government. In the late 20th Century, it was animal rights activists who fought to end the seal harvest there. The most recent visitor is the international environmental organization Greenpeace, which is trying to rally support on the Pribilofs for sweeping conservation measures in the Bering Sea. But to do that, the group has to overcome its own complicated history on the islands. KIAL's Charles Homans recently visited the Pribilof Island of St. Paul with Greenpeace. To hear his report, click here.
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Thursday, November 1. 2007
Crab Tests Look Good for Dec. 1 Opener PACIFIC OCEAN - Dungeness crab tests off the mouth of the Columbia River last week showed promise for a Dec. 1 commercial crabbing season start. FBI Investigating Ben Stevens WASHINGTON - Federal authorities investigating U.S. Sen. Ted Stevens are trolling the Alaska fishing industry for evidence of whether the powerful Republican pushed seafood legislation that benefited his lobbyist son. So far, the most public aspect of the investigation was the FBI raid on Stevens' Girdwood home in July, with agents seeking evidence of the senator's relationship with a corrupt Alaska oil contractor. But authorities have also quietly amassed evidence about fishing. After serving subpoenas throughout the industry last year, investigators recently returned to Seattle, home to many of the boats and processors that bring Alaska's seafood to market. Industry officials and attorneys, who spoke on condition of anonymity because authorities have told them not to discuss the probe, said investigators are asking about federal legislation that directly or indirectly aided the senator's son, Ben, who is a state lobbyist and politician. The legislation was passed as earmarks, brief spending items that lawmakers tack onto bills to steer federal money to pet projects. Ted Stevens, an unapologetic user of earmarks, is the biggest champion for Alaska's $2 billion-a-year seafood industry. Among the pieces of Stevens-sponsored legislation being eyed: • A $100 million federal loan program approved in 2000 to buy out Alaska crab boats, trim the size of the fleet and boost prices. The Bering Sea Crab Effort Reduction Fund, an industry group that supported the buyout program, hired Ben Stevens' company, Advance North, as a consultant. • A $30 million earmark Ted Stevens used to create the Alaska Fisheries Marketing Board, which provided federal money to promote Alaska seafood. Ben Stevens was the board's first chairman and approved grants to companies, including those paying him consulting fees, state financial disclosure reports show. • A $50 million loan program, like the crab buyback, seeking to trim the Alaska salmon fleet in 2004. The Southeast Alaska Seiners Association, a salmon fishing organization, hired Advance North to help push the deal. Ben Stevens is not a federal lobbyist and the salmon fishing group said his business partner, Trevor McCabe, did the lobbying. But Victor Smith, a fisherman and critic of Ben Stevens, gave the FBI a taped phone conversation that he said proves otherwise. In the 2005 conversation, Smith called the seiners group's board member Bryan Benkman to discuss why funding was stuck in the federal bureaucracy even after the earmark passed. Both men expressed disappointment in Ben Stevens and Smith asked why he was hired. Benkman replied that the younger Stevens recalled his success getting the crab buyback passed and pitched himself as a conduit to his father. "He said, 'Hey, see I've got a program. You know, I've got this one to my credit. Hire me, you know, I'll get Dad to fund you guys, too," Benkman said. • A 2003 earmark that gave exclusive pollock fishing rights to Alaska Natives in the far-flung Aleutian community of Adak. That meant millions of dollars for Adak Fisheries to manage the catch of pollock, the lucrative whitefish commonly used in fishsticks and fish sandwiches. The company paid Ben Stevens $295,000 between 2000 and 2004, according to state financial disclosure reports. When the earmark went through, Ben Stevens also secretly held an option to buy into Adak Fisheries. Questioned by the Anchorage Daily News in 2003, Ted Stevens dismissed any connection between the legislation and his son's consulting business. "Neither one of us is getting rich. That's for damn sure," the senator said. "And we're doing what we think is right." When the stock option surfaced in a lawsuit in 2005, the senator said he had never discussed the pollock bill with his son. – Juneau Empire
California Central Valley Salmon Missing SAN FRANCISCO - This year's Central Valley fall salmon run is worrying both fishermen and biologists, who say fewer of the prized chinook are out in the ocean or making it up the rivers to spawn. By this time, usually tens of thousands more fish are being hooked by fishermen or are swimming through the Golden Gate to the tributaries of San Francisco Bay. Upstream, the fish spawn in the same rivers where they were born, carrying on the generations of silvery king salmon. Yet commercial fishermen who hunt for salmon in the ocean from Monterey to Bodega before the fish start their journey up the rivers report the worst salmon fishing in decades. Fisheries biologists in Northern California who count the salmon that return up the American, Feather and Sacramento rivers are seeing a big decline in fish for this time of year. Some runs might have as few as 20 to 25 percent of the fish normally expected by this time of year, data show. The exact cause of the apparent drop in fall-run salmon is not yet clear, although some experts blame the way the state manages its water supply in the Sacramento-San Joaquin River Delta. Rushes of fresh water can signal fish to start migrating upstream, but meager flows also can hurt the survival of baby fish that eventually will return as adults. Low levels of krill, tiny marine invertebrates that the fish eat, also could be to blame, experts said. In tributaries like Battle Creek, an important salmon spawning ground off the Sacramento River, there is cause for concern. By now, about three-quarters of the fall run would have passed by the weir where Fish and Game officials count the fish. Usually, the creek's run is between 50,000 and 100,000 fish at this time; so far, there have only been 20,000 spawning chinook, said Randy Benthin, a senior fisheries biologist for Fish and Game. And on the Yuba River, only 54 salmon have returned so far, down from a total of 3,842 fish in 2003. The Feather River has one-third of the fish it usually has at this time of year, according to state statistics. Oceanographers at the National Oceanic and Atmospheric Administration have been studying ocean conditions for decades. They link good years for salmon with vigorous upwelling of cold, deep, nutrient-rich water to the ocean's surface and the influx of cold Alaskan waters that bring in krill and other sea life. This year the upwelling and transport of cold Alaskan waters were strong. Then the mixing slowed down. The surface water has been warmer than usual in the California Current, the swath of water moving between Baja California and British Columbia, and it can hold down the upwelling, the scientists say. And scientists report a relatively poor year for California and Oregon salmon. – San Francisco Chronicle Supreme Court Ruling Dims Hope in Cordova CORDOVA, Alaska - For most of the year, thick rain clouds lend a somber air to the once-thriving fishing town of Cordova, whose economy has never quite recovered from the Exxon Valdez oil spill in 1989. This week, the town was downright glum as news spread that Exxon Mobil Corp. had persuaded the U.S. Supreme Court to step into the battle over additional compensation for about 33,000 spill victims. The supertanker accident sent 11 million gallons of thick, black crude pouring into Prince William Sound, killing thousands of fish, seabirds, otters and other marine animals. It was the worst oil spill in U.S. history. The justices said they would review whether the company should have to pay damages at all under the Clean Water Act and centuries-old shipping laws. The court has frequently sided with business interests in cases over punitive damages and other corporate liability. "I'm not terribly surprised, but I'm very disappointed," said Steve Smith, a 69-year-old commercial salmon fisherman. "With high oil prices now, the average American will probably say, 'Well that's just one more thing to keep prices down.' It's a really dark day." The news reached the town of 2,200 by 6 a.m. Monday, setting the streets, coffee shops and grocery store abuzz with the news by breakfast. By midmorning, Patience Anderson Faulkner, a volunteer at the Exxon Valdez Oil Spill Information Center, had discussed the pending review with about 20 people. "The decision feels so negative," Faulkner said. "People have said, 'You know, this is what I expected, it's the giant stepping on the little ant.'" Faulkner, 60, has worked with plaintiffs' attorneys for nine years, gathering personal information from the thousands of people claiming damages. Because she is Alaska Native, she has a claim based on the harm to subsistence fishing resources, like salmon and shellfish. Exxon said it already has paid $3.4 billion in cleanup costs and other penalties resulting from the spill and believes it should not have to pay any punitive damages. "It seems to be a case of justice delayed being justice denied," Gov. Sarah Palin said during a news conference. "This protracted litigation, I believe, has gone on too long. It's been a generation going on without resolution. Mike Webber, an Alutiiq and Tlingit artist living in Cordova, said many of the victims are looking forward to some closure in the 18-year struggle, no matter what decision comes down. "It's been dragging on so long and it finally made it to them," Webber said. "The end is coming." Earlier this year, Webber carved a "shame pole" out of yellow cedar to commemorate the 18th anniversary of the spill. It depicts former Exxon chief executive officer Lee Raymond with a Pinocchio-like nose and an oil slick spilling from his open mouth. The carvings also include a dead sea otter and bald eagle, as well as herring with lesions to signify that the once-prolific herring fishery has not bounced back since the spill. A bottle of booze symbolizes the fact that the captain of the Exxon Valdez, Joseph Hazelwood, was known to have been drinking the night it ran aground on Bligh Reef. "This is about justice," said Cordova Mayor Tim Joyce. "This is about how a company who knowingly let a skipper who had fallen back into alcoholism ... captain a multimillion-dollar ship with toxic chemicals on board called oil." – Anchorage Daily News Urgent Request From United Fishermen of AlaskaAs you know by now, the U.S. Supreme Court will consider the punitive damages award from the Exxon Valdez Oil Spill. The issue is on everyone’s mind and this is our best opportunity to contact Senators to urge them to pass S.552, The Exxon Valdez Oil Spill Tax Relief Act. Alaska’s delegation cannot move this on their own – help is urgently needed from other states’ Senators. Please forward this to all residents of other states and urge them to weigh in with their Senators. Nonresidents - Fax a letter to your Senators today – and forward this to residents of other states. Use the sample letter text below or write your own. Contact information for U.S. Senators is below. Thank you for your help! ********************************************************************** Sample Letter: October 30, 2007 (Header – Senator’s name and address) RE: Support for S. 552, The Exxon Valdez Oil Spill Tax Relief Act Dear Senator __________________________: As a constituent and a plaintiff in the ongoing litigation with ExxonMobil Corporation over the 1989 Exxon Valdez oil spill (EVOS), I am asking you to support Senator Lisa Murkowski’s amendment to the 2007 Farm Bill that will allow myself and over 30,000 of my fellow individual plaintiffs – and the surviving relatives of the 6,000 who have died since the litigation began – to average all punitive damage-related income from this case over three years and contribute to Individual Retirement Accounts (IRAs) and other retirement plans. The Exxon Valdez ran aground on Bligh Reef on March 24, 1989, spilling 11 million gallons of oil into Prince William Sound in Alaska. In 1996, a jury at the Federal District Court in Anchorage, Alaska returned a verdict of $5 billion in punitive damages against Exxon. Exxon has repeatedly appealed this ruling. On May 24, 2007, the Ninth Circuit Court of Appeals ruled that Exxon now owes $2.5 billion in punitive damages in this case. At this time, both the punitive damages and interest total roughly $4.7 billion. If this amount stands, it is currently estimated that roughly $3.7 billion of that amount will go to over 30,000 plaintiffs and their surviving relatives. On October 29, 2007, the U.S Supreme Court announced that it will hear this case, and it will be expected to make a decision by June 30, 2008. We commercial fishermen are currently allowed to average our income for federal tax purposes due to the often inconsistent nature of our business. This case poses a unique situation since we have been waiting to receive what essentially is lost fishing income since 1996 due to the environmental and market consequences of this oil spill. However, the IRS rules prevent income averaging in the case of this type of an award. This bill will allow us to do just that. This bill simply levels the playing field for my fellow fishermen and me, whose livelihoods were negatively impacted by this oil spill. The average age of my fellow plaintiff fishermen is now 60 – and nearing retirement. This bill will allow us to average income from this case over three years – as we are able to do now with year-to-year fishing income – and deposit a limited amount of those funds into our retirement accounts. I hope that we can count on your help to pass S. 552, the Exxon Valdez Oil Spill Tax Relief Act. Sincerely, _______________________________________ Exxon Valdez Oil Spill Case Plaintiff ********************************************************************** U.S. Senate Contact Information: State Senator Mailing Address for Letter Header Party Phone Number Fax Number Ala. Senator Jeff Sessions 335 Russell Bldg., Washington DC 20510 R 202-224-4124 202-224-3149 Ala. Senator Richard C. Shelby 110 Hart Bldg., Washington DC 20510 R 202-224-5744 202-224-3416 Alaska Senator Lisa Murkowski 709 Hart Bldg., Washington DC 20510 R 202-224-6665 202-224-5301 Alaska Senator Ted Stevens 522 Hart Bldg., Washington DC 20510 R 202-224-3004 202-224-2354 Ariz. Senator Jon Kyl 730 Hart Bldg., Washington DC 20510 R 202-224-4521 202-224-2207 Ariz. Senator John McCain 241 Russell Bldg., Washington DC 20510 R 202-224-2235 202-228-2862 Ark. Senator Blanche Lincoln 355 Dirksen Bldg., Washington DC 20510 D 202-224-4843 202-228-1371 Ark. Senator Mark Pryor 255 Dirksen Bldg., Washington DC 20510 D 202-224-2353 202-228-0908 Calif. Senator Barbara Boxer 112 Hart Bldg., Washington DC 20510 D 202-224-3553 202-228-3972 Calif. Senator Dianne Feinstein 331 Hart Bldg., Washington DC 20510 D 202-224-3841 202-228-3954 Colo. Senator Wayne Allard 521 Dirksen Bldg., Washington DC 20510 R 202-224-5941 202-224-6471 Colo. Senator Ken Salazar 702 Hart Bldg., Washington DC 20510 D 202-224-5852 202-228-5036 Conn. Senator Christopher J. Dodd 448 Russell Bldg., Washington DC 20510 D 202-224-2823 202-224-1083 Conn. Senator Joseph I. Lieberman 706 Hart Bldg., Washington DC 20510 I 202-224-4041 202-224-9750 Del. Senator Joseph R. Jr. Biden 201 Russell Bldg., Washington DC 20510 D 202-224-5042 202-224-0139 Del. Senator Thomas R. Carper 513 Hart Bldg., Washington DC 20510 D 202-224-2441 202-228-2190 Fla. Senator Mel Martinez 356 Russell Bldg., Washington DC 20510 R 202-224-3041 202-228-5171 Fla. Senator Bill Nelson 716 Hart Bldg., Washington DC 20510 D 202-224-5274 202-228-2183 Ga. Senator Saxby Chambliss 416 Russell Bldg., Washington DC 20510 R 202-224-3521 202-224-0103 Ga. Senator Johnny Isakson 120 Russell Bldg., Washington DC 20510 R 202-224-3643 202-228-0724 Hawaii Senator Daniel K. Akaka 141 Hart Bldg., Washington DC 20510 D 202-224-6361 202-224-2126 Hawaii Senator Daniel K. Inouye 722 Hart Bldg., Washington DC 20510 D 202-224-3934 202-224-6747 Idaho Senator Larry E. Craig 520 Hart Bldg., Washington DC 20510 R 202-224-2752 202-228-1067 Idaho Senator Michael D. Crapo 239 Dirksen Bldg., Washington DC 20510 R 202-224-6142 202-228-1375 Ill. Senator Richard J. Durbin 309 Hart Bldg., Washington DC 20510 D 202-224-2152 202-228-0400 Ill. Senator Barack Obama 713 Hart Bldg., Washington DC 20510 D 202-224-2854 202-228-4260 Ind. Senator Evan Bayh 313 Russell Bldg., Washington DC 20510 D 202-224-5623 202-228-1377 Ind. Senator Richard G. Lugar 306 Hart Bldg., Washington DC 20510 R 202-224-4814 202-228-0360 Iowa Senator Charles E. Grassley 135 Hart Bldg., Washington DC 20510 R 202-224-3744 202-224-6020 Iowa Senator Tom Harkin 731 Hart Bldg., Washington DC 20510 D 202-224-3254 202-224-9369 Kan. Senator Sam Brownback 303 Hart Bldg., Washington DC 20510 R 202-224-6521 202-228-1265 Kan. Senator Pat Roberts 109 Hart Bldg., Washington DC 20510 R 202-224-4774 202-224-3514 Ky. Senator Jim Bunning 316 Hart Bldg., Washington DC 20510 R 202-224-4343 202-228-1373 Ky. Senator Mitch McConnell 361A Russell Bldg., Washington DC 20510 R 202-224-2541 202-224-2499 La. Senator Mary L. Landrieu 724 Hart Bldg., Washington DC 20510 D 202-224-5824 202-224-9735 La. Senator David Vitter 516 Hart Bldg., Washington DC 20510 R 202-224-4623 202-228-5061 Maine Senator Susan Collins 413 Dirksen Bldg., Washington DC 20510 R 202-224-2523 202-224-2693 Maine Senator Olympia J. Snowe 154 Russell Bldg., Washington DC 20510 R 202-224-5344 202-224-1946 Mass. Senator Edward M. Kennedy 317 Russell Bldg., Washington DC 20510 D 202-224-4543 202-224-2417 Mass. Senator John Kerry 304 Russell Bldg., Washington DC 20510 D 202-224-2742 202-224-8525 Md. Senator Benjamin L. Cardin 509 Hart Bldg., Washington DC 20510 D 202-224-4524 202-224-1651 Md. Senator Barbara A. Mikulski 503 Hart Bldg., Washington DC 20510 D 202-224-4654 202-224-8858 Mich. Senator Carl Levin 269 Russell Bldg., Washington DC 20510 D 202-224-6221 202-224-1388 Mich. Senator Debbie Stabenow 133 Hart Bldg., Washington DC 20510 D 202-224-4822 202-228-0325 Minn. Senator Norm Coleman 320 Hart Bldg., Washington DC 20510 R 202-224-5641 202-224-1152 Minn. Senator Amy Klobuchar 302 Hart Bldg., Washington DC 20510 D 202-224-3244 202-228-2186 Miss. Senator Thad Cochran 113 Dirksen Bldg., Washington DC 20510 R 202-224-5054 202-224-9450 Miss. Senator Trent Lott 487 Russell Bldg., Washington DC 20510 R 202-224-6253 202-224-2262 Mo. Senator Christopher S. Bond 274 Russell Bldg., Washington DC 20510 R 202-224-5721 202-224-8149 Mo. Senator Claire McCaskill 717 Hart Bldg., Washington DC 20510 D 202-224-6154 202-228-6326 Mont. Senator Max Baucus 511 Hart Bldg., Washington DC 20510 D 202-224-2651 202-224-0515 Mont. Senator Jon Tester 204 Russell Bldg., Washington DC 20510 D 202-224-2644 202-224-8594 N.C. Senator Richard M. Burr 217 Russell Bldg., Washington DC 20510 R 202-224-3154 202-228-2981 N.C. Senator Elizabeth Dole 555 Dirksen Bldg., Washington DC 20510 R 202-224-6342 202-224-1100 N.D. Senator Kent Conrad 530 Hart Bldg., Washington DC 20510 D 202-224-2043 202-224-7776 N.D. Senator Byron L. Dorgan 322 Hart Bldg., Washington DC 20510 D 202-224-2551 202-224-1193 N.H. Senator Judd Gregg 393 Russell Bldg., Washington DC 20510 R 202-224-3324 202-224-4952 N.H. Senator John E. Sununu 111 Russell Bldg., Washington DC 20510 R 202-224-2841 202-228-4131 N.J. Senator Frank R. Lautenberg 324 Hart Bldg., Washington DC 20510 D 202-224-3224 202-228-4054 N.J. Senator Robert Menendez 317 Hart Bldg., Washington DC 20510 D 202-224-4744 202-228-2197 N.M. Senator Jeff Bingaman 703 Hart Bldg., Washington DC 20510 D 202-224-5521 202-224-2852 N.M. Senator Pete V. Domenici 328 Hart Bldg., Washington DC 20510 R 202-224-6621 202-228-0900 N.Y. Senator Hillary Rodham Clinton 476 Russell Bldg., Washington DC 20510 D 202-224-4451 202-228-0282 N.Y. Senator Charles E. Schumer 313 Hart Bldg., Washington DC 20510 D 202-224-6542 202-228-1218 Neb. Senator Chuck Hagel 248 Russell Bldg., Washington DC 20510 R 202-224-4224 202-224-5213 Neb. Senator Ben Nelson 720 Hart Bldg., Washington DC 20510 D 202-224-6551 202-228-0012 Nev. Senator John Ensign 119 Russell Bldg., Washington DC 20510 R 202-224-6244 202-228-2193 Nev. Senator Harry Reid 528 Hart Bldg., Washington DC 20510 D 202-224-3542 202-224-7327 Ohio Senator Sherrod Brown 455 Russell Bldg., Washington DC 20510 D 202-224-2315 202-228-6321 Ohio Senator George V. Voinovich 524 Hart Bldg., Washington DC 20510 R 202-224-3353 202-228-1382 Okla. Senator Tom Coburn 172 Russell Bldg., Washington DC 20510 R 202-224-5754 202-224-6008 Okla. Senator James M. Inhofe 453 Russell Bldg., Washington DC 20510 R 202-224-4721 202-228-0380 Ore. Senator Gordon H. Smith 404 Russell Bldg., Washington DC 20510 R 202-224-3753 202-228-3997 Ore. Senator Ron Wyden 223 Dirksen Bldg., Washington DC 20510 D 202-224-5244 202-228-2717 Pa. Senator Bob Casey 383 Russell Bldg., Washington DC 20510 D 202-224-6324 202-228-0604 Pa. Senator Arlen Specter 711 Hart Bldg., Washington DC 20510 R 202-224-4254 202-228-1229 R.I. Senator Jack Reed 728 Hart Bldg., Washington DC 20510 D 202-224-4642 202-224-4680 R.I. Senator Sheldon Whitehouse 502 Hart Bldg., Washington DC 20510 D 202-224-2921 202-228-6362 S.C. Senator Jim DeMint 340 Russell Bldg., Washington DC 20510 R 202-224-6121 202-228-5143 S.C. Senator Lindsey Graham 290 Russell Bldg., Washington DC 20510 R 202-224-5972 202-224-3808 S.D. Senator Tim Johnson 136 Hart Bldg., Washington DC 20510 D 202-224-5842 202-228-5765 S.D. Senator John Thune 493 Russell Bldg., Washington DC 20510 R 202-224-2321 202-228-5429 Tenn. Senator Lamar Alexander 455 Dirksen Bldg., Washington DC 20510 R 202-224-4944 202-228-3398 Tenn. Senator Bob Corker 185 Dirksen Bldg., Washington DC 20510 R 202-224-3344 202-228-0566 Texas Senator John Cornyn 517 Hart Bldg., Washington DC 20510 R 202-224-2934 202-228-2856 Texas Senator Kay Bailey Hutchison 284 Russell Bldg., Washington DC 20510 R 202-224-5922 202-224-0776 Utah Senator Robert F. Bennett 431 Dirksen Bldg., Washington DC 20510 R 202-224-5444 202-228-1168 Utah Senator Orrin G. Hatch 104 Hart Bldg., Washington DC 20510 R 202-224-5251 202-224-6331 Va. Senator John W. Warner 225 Russell Bldg., Washington DC 20510 R 202-224-2023 202-224-6295 Va. Senator Jim Webb 144 Russell Bldg., Washington DC 20510 D 202-224-4024 202-228-6363 Vt. Senator Patrick J. Leahy 433 Russell Bldg., Washington DC 20510 D 202-224-4242 202-224-3479 Vt. Senator Bernard Sanders 332 Dirksen Bldg., Washington DC 20510 I 202-224-5141 202-228-0776 W.Va. Senator Robert C. Byrd 311 Hart Bldg., Washington DC 20510 D 202-224-3954 202-228-0002 W.Va. Senator John D. IV Rockefeller 531 Hart Bldg., Washington DC 20510 D 202-224-6472 202-224-7665 Wash. Senator Maria Cantwell 511 Dirksen Bldg., Washington DC 20510 D 202-224-3441 202-228-0514 Wash. Senator Patty Murray 173 Russell Bldg., Washington DC 20510 D 202-224-2621 202-224-0238 Wis. Senator Russ Feingold 506 Hart Bldg., Washington DC 20510 D 202-224-5323 202-224-2725 Wis. Senator Herb Kohl 330 Hart Bldg., Washington DC 20510 D 202-224-5653 202-224-9787 Wyo. Senator John A. Barrasso 307 Dirksen Bldg., Washington DC 20510 R 202-224-6441 202-224-1724 Wyo. Senator Michael B. Enzi 379A Russell Bldg., Washington DC 20510 R 202-224-3424 202-228-0359 <<•>> Friday, November 2. 2007 Feds Say Snake Dam Plan OK This article also appeared in our Wild News service. SAN FRANCISCO - Federal fisheries officials in Seattle on Wednesday endorsed, with minor modifications, a plan for the government’s continued operation of the hydroelectric dams on the Columbia and Snake Rivers. They said it did not jeopardize the survival of 13 stocks of salmon and steelhead that the government must protect under the Endangered Species Act. The endorsement, a draft analysis from the National Marine Fisheries Service, agreed with dozens of proposed protective actions that would provide enhanced measures to get juvenile fish past the dams as they swim seaward, improve habitat in the river and discourage predators like California sea lions and Caspian terns. Wednesday’s draft represents the fisheries agency’s third effort to find a binding, legally acceptable solution to the Northwest’s tug of war between salmon and dams. The agencies operating the dams are required by law to consult with federal biologists about their impact on endangered and threatened species and what they intend to do about it. The opinion by the fisheries service, a part of the National Oceanic and Atmospheric Administration, made no mention of the possibility of removing four dams on the lower Snake River that sit on the annual migration route of some of the more imperiled species. Many environmentalists and scientists see these four dams as the deadliest obstacle these fish face. Federal officials said the new plan’s approach to the recovery of the 13 stocks was significantly different from an approach they offered three years ago. Judge James A. Redden of Federal District Court in Portland, Ore., who has presided over the issue, has made clear he is willing to step in and direct the dams’ operation if he believes it is the only way to protect the fish. In a court hearing this summer, Judge Redden said: “I’m going to be very picky because I want a bi-op that works. This is a very, very, very, very important document.” Bob Lohn, the northwest regional administrator of the fisheries service, said in a conference call on Wednesday that the plan had been prepared with much more collaboration with interested groups like Indian tribes and commercial interests. Lohn added, “This plan is based on a much more detailed approach to the problem,” taking into account the needs of six dozen subgroups of fish. The opinion was condemned by environmental groups, from the Sierra Club to a regional group, Save Our Wild Salmon, as doing more for the Bonneville Power Administration than for the 13 troubled fish runs, two of which have very few wild fish left to reproduce outside hatcheries. – New York Times Another Weak N. Cal Salmon Season HALF MOON BAY, Calif. - The brokenhearted are often consoled that there are plenty of fish in the sea. As commercial salmon fishermen can attest, that isn't always true around here.
Think Jell-O, Think Fish BATON ROUGE, La. - Although most wouldn't think fish and Jell-O go well together, the future of gelatin desserts may thrive by using fish by-products in the production process. Irrigation Pumps Harm Fish SAN JOAQUIN VALLEY, Calif. - The massive federal pumps that export water from the California Delta to agribusiness on the west side of the San Joaquin Valley entrained (trapped) over 370,000 threadfin shad, a major forage species on the Delta, in one week. On one day, October 16, Bureau of Reclamation biologists observed 250,000 shad in collection buckets in the pumping facilities. After collecting the buckets, the federal workers put the fish into a tanker truck and released them into the Sacramento and San Joaquin rivers. “We feel that we do successfully return most of the entrained fish to the Delta alive,” said Ron Silva of the U.S Bureau of Reclamation. “However, we haven’t assessed the survival rate of the threadfin shad because it is not a listed species like delta smelt, king salmon, steelhead or green sturgeon. In our salvage operations, we focus on the listed species, with the exception of one species, striped bass." The capture of the fish stirred up concern among fishery groups because the shad is one of four pelagic (open water) species on the Sacramento-San Joaquin Delta that have experienced a sharp decline since 2001. Angler Mike McKenzie disagreed with the Bureau’s assessment of the shad’s survival rate once returned to the water. “The shad are taken from the bucket and dumped into a tanker truck, hauled over to Sherman Island and alternatively dumped into the Sacramento or the San Joaquin rivers where there are congregations of squawfish (Sacramento pike-minnows), black bass and striped bass, who eat most of them," said McKenzie. McKenzie said that Bay/Delta Stamp Committee and the Striped Bass Stamp Committee have both been working on a better way of doing this so-called "salvage operation" because the same thing happens to stripers, salmon, steelhead and all other game fish in the delta. “We have so far been stymied by the federal and state bureaucracies, including the U.S. Fish and Wildlife Service and DFG,” noted McKenzie. “There is a very good way to increase their survival by simply dumping them into net pens and let them get acclimated and the towing them around while they release them. It’s a ‘no-brainer’ and all of the fisheries biologists agree, but we can't get the management side to make a commitment to doing this,” he added. Federal and state scientists working on the Pelagic Organism Decline (POD) Team have pinpointed three causes of the decline of the four species – increases in Delta exports, toxic chemicals and invasive species. Since 2001, the state and federal governments have exported record amounts of water out of the Delta amounting to an increase of over 1,000,000 acre feet of water per year. Biologists on the POD team became alarmed in May 2005 when this fish’s decline on the Delta paralleled that of the native delta smelt, protected under the federal and California Endangered Species Act. Scientists were concerned that even hardy, adaptable fish like the threadfin shad were on the decline. This decline continues, according to the latest data available, the September midwater trawl survey by the DFG. “We’re in the midst of a continuing collapse in the pelagic species,” said Bill Jennings, executive director of the California Sportfishing Protection Alliance. The survey estimates abundance and distribution of fish based on an index number that only makes sense in relation to previous data. The threadfin shad population index for this fall’s survey was 80, making it the worst lowest population level in the forty years the DFG has concluded the survey. The Delta smelt index was the third lowest in 40 years, with an abundance index of 9. “It is significant that the smelt were also found further down the Delta than they have been previously, having moved to Suisun Bay and Carquinez Strait,” said Jennings. Perry Hergesell, DFG water policy analyst, said the pelagic organism decline is still a major concern. “The situation isn’t improving – the numbers are staying about the same,” he stated. “However, at least the numbers of delta smelt, longfin smelt, juvenile striped bass and threadfin shad didn’t drop even further.” Jennings, whose group sued the Department of Water Resources and DFG over their failure to get a take permit for Delta smelt in the state pumps, said the pumping that took place this summer, after the state and federal governments temporarily restricted exports to protect migrating Delta smelt, is very alarming, in light of the real possibility that that we could be entering another drought year. - California Progress Report Seafood Processing Plant Sold in Lien SaleCRESCENT CITY, Calif. - The ice plant/seafood processing facility at 270 U.S. Hwy. 101 South was finally sold on Oct. 20. The Del Norte County Sheriff's Office held a lien sale for the amount of money owed by EMK Products Inc., a commercial fish and seafood processor out of Monterey. About half a dozen residents turned up for the auction. Only one bidder made an offer, said Mike Leavitt, civil clerk for the Sheriff's Office, who conducted the auction. Hector Brown, a local business owner, bought the property for the minimum price of $279,237, Leavitt said. The Los Angeles County Superior Court rendered on Jan. 25 that EMK owed the two plaintiffs, Chris Peterson and James Waltz, a sum of $268,480. The minimum amount Brown paid also included 10 percent interest and additional fees. Attorney at Law John Buttolph filed a suit against EMK in July 2006 on behalf of his clients Peterson and Waltz, the owner and captain for the fishing vessel Atlantis, respectively. Buttolph said EMK owed money to Peterson and Waltz for services they provided. He requested a lien sale of the ice plant to acquire funds he said EMK didn't have. Waltz had an agreement with EMK to regularly provide squid for wholesale. In February 2006, EMK did not pay for 20 separate deliveries made, equaling about 1,581,480 pounds, or 700 tons, of squid. None of the squid was ever delivered to the plant in Crescent City however. "EMK never paid, but they didn't dispute it was due," Buttolph said. "They just didn't have the funds. They decided to take the judgment without a trial." Buttolph said that this situation put Peterson and Waltz in a bad spot because they have to pay employees, run the vessel and the lightboat which helps catch the squid, etc. The plant was added as a pre-judgment attachment to ensure payment. "I've had a lien on the plant for over a year," Buttolph said. "They knew I was going to take it." Sheriff Dean Wilson said that EMK had additional loans on the property and tried to sell it, which they found difficult to do. "It was the only asset they had to recoup their losses; it got to that point," Wilson said. Because EMK could not find a buyer before the lien sale, the Sheriff's Office took control and sold it to the highest bidder. "It sold for the minimum price to pay off the judgment," Leavitt said. – Crescent City Triplicate |