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Monday, December 17. 2007 Scientists find insights into rogue waves Maritime folklore tells tales of giant "rogue waves" that can appear and disappear without warning in the open ocean. Also known as "freak waves," these ominous monsters have been described by mariners for ages and have even appeared prominently in many legendary literary works, from Homer's "Odyssey" to "Robinson Crusoe." Once dismissed by scientists as fanciful sailors' stories akin to sea monsters and uncharted inlands, recent observations have shown that they are a real phenomenon, capable of destroying even large modern ships. However, this mysterious phenomenon has continued to elude researchers, as man-made rouge waves have not been reported in scientific literature — in water or in any other medium. Now, researchers at the UCLA Henry Samueli School of Engineering and Applied Science have succeeded in creating and capturing rogue waves. In their experiments, they have discovered optical rogue waves — freak, brief pulses of intense light analogous to the infamous oceanic monsters — propagating through optical fiber. Their findings appear in the Dec. 13 issue of the journal Nature. "Optical rogue waves bear a close connection to their oceanic cousins," said lead investigator Daniel Solli, a UCLA Engineering researcher. "Optical experiments may help to resolve the mystery of oceanic rogue waves, which are very difficult to study directly." It is thought that rogue waves are a nonlinear, perhaps chaotic, phenomenon, able to develop suddenly from seemingly innocuous normal waves. While the study of rogue waves has focused on oceanic systems and water-based models, light waves traveling in optical fibers obey very similar mathematics to water waves traveling in the open ocean, making it easier to study them in a laboratory environment. Still, detecting a rogue wave is like finding a needle in a haystack. The wave is a solitary event that occurs rarely, and, to make matters worse, the timing of its occurrence is entirely random. But using a novel detection method they developed, the UCLA research group was able to not only capture optical rogue waves but to measure their statistical properties as well. They found that, similar to freak waves in the ocean, optical rogue waves obey "L-shaped" statistics -- a type of distribution in which the heights of most waves are tightly clustered around a small value but where large outliers also occur. While these occurrences are rare, their probability is much larger than predicted by conventional (so-called normal or Gaussian) statistics. "This discovery is the first observation of man-made rogue waves reported in scientific literature, but its implications go beyond just physics," said Bahram Jalali, UCLA professor of electrical engineering and the researcher group leader. "For example, rare but extreme events, popularly known as "black swans," also occur in financial markets with spectacular consequences. Our observations may help develop mathematical models that can identify the conditions that lead to such events." – Los Angeles Times Canadian court wrestles with "race-based" fisheries OTTAWA - The Supreme Court of Canada is hearing arguments in a case involving allegations of a "race-based" fishery on British Columbia's Fraser River. At issue is whether the government has the authority to issue early fishing rights to select First Nations, in advance of an open commercial fishery. The dispute revolves around a decision by the Department of Fisheries and Oceans to give three aboriginal groups a 24-hour head start on the sockeye fishing season in August, 1998. In protest, nearly 150 commercial fishers set their gillnets during the 24-hour window, arguing that the early opening for the Musqueam, Tsawwassen and Burrard First Nations created a segregated or "race-based" fishery. One of the commercial fishers, John Michael Kapp, who was convicted of fishing illegally in a closed season, lost his appeal in B.C.'s Court of Appeal. Conservative MP John Cummins, who helped launch a protest against the 24-hour DFO fishing agreement, says the decision gave an unfair commercial advantage to three First Nations over other aboriginal groups and commercial fishers in the region. Kevin O'Callaghan, who represents the Atlantic Fishing Industry Alliance, argues the government didn't have the authority to grant special fishing rights to select aboriginal groups. It's unclear when the Supreme Court will issue a ruling. -- CJAD, Canada
Everett fishermen losing net sheds For decades, commercial fishermen at the Port of Everett have kept their equipment in waterfront lockers that many would agree are the best on Puget Sound.
Today's read: Marine protected areas to grow (Editor’s comment: Notice that all the groups endorsing these new MPAs don’t include any commercial fishing interests.) California's Secretary of Resources Mike Chrisman recently announced that the next phase of the Marine Life Protection Act (MLPA) implementation process will take place in Southern California. "With our announcement we have finalized the order of the five Marine Life Protection Act study regions that will cover California's coast," Chrisman said. "In many ways this is a stage that some people never believed we could reach. More importantly, today's announcement represents a milestone that we have achieved together as scientists, fishermen, elected officials and environmentalists, all working for the benefit and future of our ocean and its marine life." The MLPA North Central Coast Study Region, the second region identified for implementation of the act, is currently undergoing a process for evaluating marine protected areas (MPAs). Building on a model used to complete one region and is being used in the process on another, a blue ribbon task force will be appointed by Secretary Chrisman in early 2008 for the South Coast Study Region. The task force and the Department of Fish and Game (DFG) will appoint another regional stakeholder group to ensure local interests and knowledge play a role in developing MPA proposals for the region. The DFG will also name a science advisory team to make use of the best readily available science. "We've worked closely alongside Coastside Fishing Club and our other Partnership for Sustainable Oceans coalition members as the MLPA implementation process has moved forward off the North Central Coast," said Tom Raftican, president of United Anglers of Southern California (UASC), a nonprofit organization representing thousands of sport fishermen. "We will continue to stay engaged in that process and support the efforts of our angling family to the north. At the same time, we've known that the process would eventually move to Southern California." Raftican attended the Fish and Game meeting representing UASC's MLPA team, which includes attorney April Wakeman and fisheries specialist Bob Osborn. "We've been strategizing and working for many months in anticipation of this announcement," said UASC fisheries expert Bob Osborn, who has attended all of the meetings for the north central region in preparation. This process began with the formation of a formidable coalition, including UASC and Coastside Fishing Club along with the American Sportfishing Association (ASA), National Marine Manufacturers Association (NMMA), Northern California Kayak Anglers, Sportfishing Association of California (SAC) and Southern California Marine Association (SCMA). – The Log newspaper, California <<<•>>> Tuesday, December 18. 2007After recent pink salmon report, think again about aquaculture Salmon farms along the coast of British Columbia pose a serious disease threat to wild salmon, according to Canadian researchers, and fisheries officials need to weigh that risk in deciding whether to allow fish farms in the Gulf of Mexico. The research, published in the journal Science, found that in some years, more than 80 percent of pink salmon that migrate past the farms were killed by sea lice, a parasite spread by the farmed fish. The study looked at data that went back to the 1970s, but sea lice infestations only began in 2001, when the number of salmon farms increased. "When you're growing a much higher density of species that are closely related to a species of wild stock, it clearly poses a threat," said Ray Hilborn, a University of Washington professor of aquatic and fisheries sciences who wasn't involved in the study. U.S. fisheries officials, who support a proposal to allow fish farms in federal waters in the Gulf of Mexico disagree with the researchers' conclusions. They say the data varied widely over the years and the study didn't take deaths from other causes into account. Moreover, they said regulations would be put in place to reduce the risk of disease transmission in the Gulf. "They've found a correlation but a correlation is not the same thing as demonstrating a cause and effect," said Kevin Amos, a coordinator with the National Oceanic and Atmospheric Administration's Animal Aquatic Health Task Force. But a correlation should be enough to get the attention of fisheries officials who are considering opening the Gulf to fish farms and to spur further research. What happened to the salmon in British Columbia may be a cautionary tale for the Gulf, and it's one that deserves serious consideration. – The Times-Picayune, New Orleans Pink salmon study another cautionary note
Things aren't going swimmingly for salmon anywhere around us.
To the north, a worrisome new study points to potentially serious problems from British Columbia's proliferation of fish farms. In a study in the prestigious journal Nature, scientists said fish farms are so tightly packed in British Columbia's Broughton Archipelago that sea lice infestations could completely wipe out wild pink salmon from some rivers. While there's certainly some ambiguity in any study, this makes us particularly happy about the limited amount of fish farming in Puget Sound. On the Columbia River system, a Bonneville Power Administration plan for making dams safer appears to be skating on thin legal and scientific ice. U.S. District Judge James Redden gave the government an extra two weeks to work on part of the recovery planning, but indicated he will be less than amused if they come back with a key biological opinion as inadequate as two past ones he rejected. In Seattle's front yard, the Puget Sound Partnership's efforts offer hope of considerable progress. But the difficulties can't be underestimated as the efforts to improve water for fish, orcas and humans face challenges not just from current activities but also from past and future trends. As a recent Seattle P-I series documented, the industrial legacy along the Duwamish River poses huge questions about contaminated runoff with every storm. And a National Wildlife Federation study earlier this year said the sea level rise and other effects of global warming could harm salmon. Over thousands of years, salmon have adapted to the Northwest's environment. We must be faster learners in what amounts to a sink-or-swim test of our ability to live healthy lives. – Seattle Post-Intelligencer
Alaska senators: Part I ANCHORAGE -- Sen. Lisa Murkowski has convinced the U.S. Senate to change federal law to help victims of the Exxon Valdez oil spill keep more of the money they hope to get from the case. The damage was done back in 1989. Murkowski said for nearly 20 years, thousands of Alaskans, economically impacted by the Exxon Valdez oil spill, have waited for their share of the money the courts said Exxon should pay them. In Congress, Sen. Murkowski tried to lay the groundwork for major tax and retirement breaks for the Exxon Valdez plaintiffs. "Today is a great day for the approximately 30,000 plaintiffs in the Exxon Valdez oil settlement case," Murkowski said. "I have successfully negotiated passage of legislation that will provide tax relief so that the fishermen and the Alaskans who will receive punitive damages will be able to keep more of the money that they rightfully deserve." Murkowski's proposal would allow the plaintiffs to income-average the lawsuit pay-outs on their tax returns over three years. That couldn't be done now under current law. They could contribute up to $100,000 to their retirement plans. And they would be exempt from paying self-employment or payroll taxes on payouts from the lawsuit. President of the United Fisherman of Alaska Joe Childers said about 80 percent of the Exxon Valdez plaintiffs are commercial fishermen... "The tax advantages to this are really very large to the fishing industry," Childers said in a phone interview from Juneau. "We've estimated that the tax savings from these three things could be as much as $200 million." But there are still some big obstacles ahead. The federal courts have cut the punitive damages from $5 billion to $2.5 billion. Murkowski's proposal aces a veto threat from President Bush. That's because it's attached to a farm bill Bush said he can't accept because it expands federal subsidies to farmers. – KTUU, Anchorage
Alaska senators: Part II Sen. Ted Stevens says commercial fishermen, especially rookies, need loans just like farmers. So he's worked a loan provision into the big farm bill that cleared the Senate. Here's an excerpt from his press release: Alaska won a major victory in the Farm Bill when the Senate adopted Senator Stevens’ amendment to extend the Farm Service Agency’s (FSA) Farm Operating Loan program to commercial fishermen. Fishermen will be able to access loans for basic operating costs, including boats, and nets. <<<•>>> Wednesday,December 19, 2007 Oceana's view of lawsuit a little too green ANCHORAGE – The environmental group Oceana offers this alternative view on the government’s defeat in the federal court tilt with Fishing Company of Alaska (The Highliner, Dec. 18). Oceana argues that, while an appeals court did squash a few monitoring and enforcement requirements, the bulk of new regulations mandating trawlers dump fewer undesirable fish overboard as waste still stand. The group goes on to say it was only due to a “clerical error” that the court tossed the monitoring and enforcement requirements, which Fishing Company of Alaska had argued would force costly modification of its boats. The Highliner's clear-eyed read of the court’s ruling, however, suggests that problems within the federal bureaucracy go well beyond a clerical error. The question is whether the North Pacific Fishery Management Council truly has a say in the regulations the Commerce Department ultimately drafts. – Pacific Fishing columnist Wesley Loy writing as The Highliner for the Anchorage Daily News Kodiak group wants less trawling in Deadman’s Bay The Kodiak Fish and Game Advisory Committee voted unanimously recommending Alaska Department of Fish and Game adopt a proposal to limit trawling inside Deadman’s Bay. The measure, if formally adopted by Fish and Game, would close the bay to trawling from April 1 through Sept. 15 and require 100 percent fishery observer participation. The final draft was a compromise of three proposals drafted by local fishermen and committee members Alexus Kwachka and Peter Hannah. They drafted the proposals due to a growing concern for the salmon, herring, king and Tanner crab populations. “Dead loss of crab due to contact with the trawl will continue and crab stocks in the area will be negatively impacted. (Currently we have no hard cap on crab or salmon in the Gulf of Alaska; with no hard caps this equals no incentive not to interact with these species),” Kwachka wrote in his proposal. Kwachka believes that nets, which can end up dragging on the bottom of the bay, harm crab populations. – Kodiak Daily Mirror
Canadian commercial fisherman fined for poaching PORT ALBERNI –Fisheries and Oceans Canada (DFO) has announced that a commercial lingcod harvester has been fined $12,500 after pleading guilty to fishing for lingcod in a closed area. On Sept. 18, 2005, fishery officers encountered the commercial fishing vessel The Office fishing approximately 2.0 nautical miles inside the Swiftsure closed area on the West Coast of Vancouver Island. This area has been closed since the early 1990s to both recreational angling and commercial hook and line fishing. The master of the vessel, Adrian Slavko Kern, had caught 454 lingcod which were seized by the fishery officers and subsequently sold for a value of $2,788.80. During the investigation, it was determined the vessel was carrying an Electronic Monitoring System (EMS) which recorded data and video of the entire fishing trip. This data showed the vessel had also fished the previous two days inside the closed area and that all the fish onboard had been caught in the closed area. Recently, in Port Alberni provincial court, Mr. Kern appeared and pled guilty to fishing in a closed area for three days. Mr. Kern was fined $2,500 and ordered to pay an additional $10,000 dollars to lingcod research. He was given one year to pay the fine and the sanction. – Press release
Los Angeles loses water, tiny fish gains SACRAMENTO -- A federal court order will cut water exports to Southern California next year by up to a third in a bid to save a tiny fish teetering at the brink of extinction in the Sacramento-San Joaquin Delta. Exxon case plantiff attorney worries about politics After viewing a brief filed by Exxon Mobil Corp. before the U.S. Supreme Court Monday, lead counsel for plaintiffs in the Exxon Valdez oil spill case voiced little faith in the high court to settle fairly a 19-year-old battle to award punitive damages to some 30,000 claimants. “We are in a cat fight,” Dave Oesting, lead counsel for plaintiffs, said. Oesting, who confirmed Exxon’s brief on merits was filed before the court this week, said it has no real substantial difference from Exxon’s previous arguments presented to the court, except the giant oil company detailed its position that it should not be held responsible for the mistakes of the ship’s captain, who violated company rules. Exxon contends it should not be held liable for the actions of Capt. Joseph Hazelwood, who was piloting the Exxon Valdez supertanker when it hit Bligh Reef in Prince William Sound and ran aground March 14, 1989, spilling 10.8 million gallons of oil along Alaska shores, the worst oil spill in U.S. history. Plaintiffs argue in the class-action suit that Exxon and Hazelwood should not be separated from responsibility. Plaintiffs argue Exxon knew Hazelwood had sought treatment for drinking, and began drinking again. “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,” plaintiffs said in a previous court action. The issue is one among three primary arguments Exxon is making before the high court. The other two issues Exxon makes in the brief are that under the Clean Water Act, the U.S. Congress specified criminal and civil penalties for maritime conduct that do not include punitive damages, raising the question of whether the courts can expand federal maritime law established by Congress. The other issue is that Exxon argues even if $2.5 billion in punitive damages could be reaffirmed, the amount is excessive and should be lower within limits of maritime law and due process. “We can win on the merits, but if this case is decided on politics, I have little faith in what the court might do,” Oestling said. “On merits, there is nothing in the Exxon brief that we are not prepared to meet.” Oestling said it is possible Justice Samuel Alito could come back into the case by selling stock connecting him to Exxon. Alito previously recused himself because of stock ownership. Oestling also said he is not certain Chief Justice John Roberts will avoid letting politics interfere in the court battle. “The disturbing part in this is that Exxon acts as if they have not yet had a trial,” Oestling said. Plaintiffs are expected to file their arguments before the court Jan. 22, with oral arguments to begin before the high court in mid-February. A final decision could be rendered by mid-2008. – Kodiak Daily Mirror <<<•>>> Thursday, December 20, 2007 Rescue tug responds to drifting oil gas barge NEAH BAY -- The rescue vessel Gladiator aided a tug towing a barge loaded with more than 2 million gallons of diesel fuel and 500,000 gallons of gasoline early Wednesday. The Gladiator will depart Neah Bay in mid-March after state funding for it expires. Exxon reveals arguments set for Supreme Court Exxon Mobil will argue in front of the U.S. Supreme Court that the $2.5 billion it was ordered to pay in punitive damages -- one of the largest awards ever against an American corporation -- was in conflict with more than 200 years of maritime law. Exxon filed a brief in the case, arguing mostly that trial and appellate courts erred in blaming the company for the actions of captain Joe Hazelwood when the Exxon Valdez hit a reef in Prince William Sound in 1989 and spilled nearly 11 million gallons of crude oil. The company will also argue that it was punished enough and that the $2.5 billion is an excessive addition to the money the company has already paid, said Exxon spokesman Tony Cudmore. "We don't believe the punitive damages are warranted in this case," he said. "The company has spent over $3.5 billion on compensation, cleanup payments, settlements and fines. It's a case about whether further punishment is warranted, and we do not believe that punitive damages are warranted in this case." The Supreme Court announced in October that it will examine the fundamental legal issues in the case, which dates to the early 1990s. Exxon has been appealing since 1994, when an Anchorage jury returned a $5 billion punitive damages award against the company. Last year, the 9th U.S. Circuit Court of Appeals in San Francisco cut the award to $2.5 billion; Exxon appealed that decision to the Supreme Court. The company has long argued that it invested significant amounts of time, money and effort to address what happened to the environment, wildlife and Alaska residents after the oil spill. The oil giant has had more than a dozen business groups and shipping associations file friend-of-the-court briefs objecting to the size of the verdict and how maritime law was applied in the case. Now, the state of Alaska is expected to step in. Gov. Sarah Palin has asked the attorney general to file a friend-of-the-court brief on behalf of the fishermen and residents who first brought the suit. The state will probably have the backing of the Alaska congressional delegation. "It is in Alaska's interest to see justice concluded for the 33,000 Alaska commercial fishermen, cannery workers, landowners and Natives impacted by this horrendous spill," said Meredith Kenny, a spokeswoman for U.S. Rep. Don Young. " U.S. Sen. Ted Stevens is waiting to see the brief and won't commit to signing it until he has read it, said spokesman Aaron Saunders. "He's obviously pleased that the attorney general is taking an interest, and is looking forward to reviewing the draft," Saunders said. "He's long supported ensuring that the victims of this bill get fairly compensated and are treated fairly in the process." – Anchorage Daily News
Sports group forms to oppose commercial fishing LONGVIEW, Wash. – Representatives of the Coastal Conservation Association, a group opposed to commercial fishing, has made a pitch for new members in Longview. "This is our last shot" to save wild fish, said Matt Olson of Hockinson, Wash., interim president of the CCA's Washington board of directors. Formed 30 years ago along the Gulf Coast, the nonprofit CCA bills itself as a "grassroots organization dedicated to the conservation, promotion and enhancement of the marine resources of the United States." It claims more than 94,000 members in 17 state chapters along the Gulf, Atlantic and Pacific coasts. In publicity material, the CCA cites its record helping to ban fishing nets in four states. But Olson said the Oregon and Washington chapters haven't set an agenda. "We're not against commercial fishing," he said. "We just want them to come up with methods that are not killing wild and native fish." So far, the CCA has about 3,000 members in Oregon and Washington, Olson said. Its goal is 30,000. Recently, chapters have been formed in Vancouver, Lewis County, Scappoose and Yakima. "When it's all over, there will be a chapter everywhere," predicted Clancy Holt, a fishing guide based on the Cowlitz River. The organization's best-known supporter in these parts is Gary Loomis of Woodland, who started G. Loomis, which became a leading producer of high-performance fishing rods. Loomis has been criss-crossing the Pacific Northwest in recent months helping organize local chapters of CCA. He couldn't attend the Longview meeting, though his wife, Susan, said "his heart is in this to the max. He lives and breathes what he's doing now." Loomis previously formed Fish First, which concentrated on habitat improvements in the Lewis River watershed. Olson said Loomis became frustrated that the gains made by Fish First were offset by commercial fishing. Though Fish First stayed away from fish politics, Loomis decided a politically active group like the CCA was needed, Olson said. Gary Soderstrom of Clatskanie, president of the Columbia River Fishermen's Protective Union, said commercial fishermen have been keeping an eye on the CCA. "Their whole philosophy in life is to eliminate commercial fishing," said Soderstrom, who didn't attend the CCA meeting. He disputed the CCA's contention that commercial fishing needs to be more selective in keeping only non-endangered fish. Gillnetters regulate what kind of fish they catch through net size and type, and the timing of seasons, he said. "We're as selective as we can get." Fishing regulation here is more complex than in states where the CCA has been active in the past, Soderstrom said. Other states don't have endangered species and tribal fishing agreements to manage around, he said. – Longview Daily News
Oddity: Green sea turtle found in Alaska KETCHIKAN -- A rare find in Alaska of a green sea turtle was discovered earlier this month by Mary Hert, a resident of Gravina Island, on the beach near her residence. Hert contacted the NOAA Office for Enforcement in regards to this rare find. NOAA Office for Enforcement Special Agent Drew Mathews recovered the deceased sea turtle and transported it to Ketchikan to be held until it is shipped to Hawaii for a necropsy. This is the third dead sea turtle found in the Ketchikan area since 1997. Green sea turtles live in tropical to subtropical waters and eat sea grass along with other plant life. They can stand water temperatures as low as 46 degrees, but when water temperatures become lower than that their body quits functioning. According to Mathews, all sea turtles are protected species. – SitNews, Ketchikan
Government might designate areas as loggerhead habitat
HONOLULU – In a move that has surprised some fisheries experts, the federal government has decided to consider listing North Pacific loggerhead sea turtles as a separate endangered species and setting aside areas along the California coast and off Hawaii as their critical habitat.
The action came last week a day after two East Coast environmental groups petitioned the Interior Department and the National Oceanographic and Atmospheric Administration to take a similar step with another variety of loggerhead sea turtle along the Atlantic Coast. No action has been announced on that petition. Designation of the Pacific turtles as endangered would give them and their habitat increased protection under the Endangered Species Act. It highlights a tactic by environmentalists to use the act to protect specific threatened groups within the same species. Turtle advocates say tens of thousand of sea turtles are killed each year by commercial fishing and coastal development on both coasts. Pacific fisheries managers, however, say great strides have been made in protecting Pacific loggerheads in recent years, both in the Pacific and on Japanese beaches where they nest. Loggerhead turtles everywhere are already classified as "threatened" under the federal Endangered Species Act, but environmentalists say a higher level of protection is needed. The Pacific turtles hatched in Japan migrate each year to coastal areas off California and Mexico and are a |