September 2011
In a strongly worded opinion, US District Court Judge James Redden ruled last month that the National Oceanic and Atmospheric Administration (NOAA) Fisheries Service failed for the third time in ten years to produce a legal and scientifically sound plan to protect endangered Columbia and Snake river salmon from the lethal impacts of federal dams on the Columbia and Snake rivers. This is the fourth NOAA salmon plan overturned in 20 years.
More than 50 fishing and conservation groups, including the Pacific Coast Federation of Fishermen’s Associations (PCFFA), had challenged the plan in court.
In his decision, Redden called on NOAA to produce a new or supplemental plan that corrects the current one’s reliance on unidentified mitigation measures for populations that have been on the fence for decades.
“It is one thing to identify a list of actions, or combination of potential actions, to produce an expected survival improvement and then modify those actions through adaptive management to reflect changed circumstances,” Redden wrote on page 16 of the decision. “It is another to simply promise to figure it all out in the future. Federal Defendants need not articulate every detail of a habitat mitigation plan. They must do more than they have here.”
Representing the fishing and conservation groups was Earthjustice attorney Steve Mashuda.
Also last month, in a different case, in a different courtroom, Judge Charles Breyer of the US District Court, Northern District of California, dismissed a lawsuit that sought to halt the recently enacted West Coast groundfish trawl rationalization program. PCFFA and a handful of other groups had brought that lawsuit against the Secretary of Commerce, the National Marine Fisheries Service (NMFS) and the National Oceanic and Atmospheric Administration (NOAA).
Under development since 2003, the trawl rationalization program was designed to reduce bycatch of overfished and other sensitive stocks, while enabling the fishery to recover economically from a federal disaster declaration in 2000. PCFFA’s lawsuit alleged, among other things, that the fishery rationalization program violates national standards requiring management measures to prevent overfishing and to minimize bycatch and bycatch mortality to the extent possible.
Stakeholders that supported NOAA and NMFS included the Midwater Trawlers Cooperative, the United Catcher Boats and the Environmental Defense Fund (EDF), which is a client of the aforementioned Earthjustice, whose tagline, “because the earth needs a good lawyer” should send chills down the spine of any commercial harvester in the country.
In two recent but separate rulings, PCFFA won one and lost one, but big environment won both.
Without commenting on the soundness of either of the decisions, this columnist questions the wisdom of siding with Earthjustice or its clients/subsidiaries on any plan that involves the fate of commercial fishing.
Chris Philips
editor@fishermensnews.com
Wednesday, August 31, 2011
Mining for a Sale
For months now, Vancouver’s Northern Dynasty Minerals has made no secret of its intention to sell its 50 percent stake in the controversial, proposed Pebble Mine, at the headwaters of Bristol Bay, but to date no buyers have come forth. Business news reports in the past week indicate that Pebble, one of the world’s largest undeveloped copper deposits, could be a target for Rio Tinto, one of the mining entities buying out companies in which they have a stake during the economic downturn. Now Pebble is back in the news, with Northern Dynasty CEO Ron Thiessen saying again that the junior mining company is looking for a mega-mining company to move the project forward.
The Pebble Limited Partnership to date has spent hundreds of millions of dollars on exploration and engineering and has said it will seek permitting in 2012. In 2011 alone, the Pebble Partnership, 50 percent owned by Anglo American, a London-based mining company with world wide ventures, budgeted $91 million for the project.
Mining proponents say the huge copper and gold deposit can be developed in harmony with the multi-million dollar Bristol Bay salmon fisheries and that the mine will be a boost to the economy of southwest Alaska.
Opponents, including commercial, sport and subsistence salmon fishermen, and fisheries biologists, say the mine poses a potential threat to hundreds of salmon spawning streams in the Bristol Bay region. Both sides have bombarded television viewers with their arguments for and against the mine.
“It’s pure speculation on my part,” said Bob Waldrop, a long-time participant in the Alaska seafood industry, including the commercial salmon fisheries in Bristol Bay, “but it sounds like maybe they re getting increasingly anxious about their holdings.”
Waldrop noted that Northern Dynasty has been saying for some time that as a junior mining company they don’t do development. “Apparently they are having a hard time with their offer, so they keep making news out of it, “ he told The Fishermen’s News.
“Skies are dark with impending scrutiny of proposed development out there,” Waldrop said. “They may be worried about the information that will come out during permitting and trying to get out before that.”
The Pebble Limited Partnership to date has spent hundreds of millions of dollars on exploration and engineering and has said it will seek permitting in 2012. In 2011 alone, the Pebble Partnership, 50 percent owned by Anglo American, a London-based mining company with world wide ventures, budgeted $91 million for the project.
Mining proponents say the huge copper and gold deposit can be developed in harmony with the multi-million dollar Bristol Bay salmon fisheries and that the mine will be a boost to the economy of southwest Alaska.
Opponents, including commercial, sport and subsistence salmon fishermen, and fisheries biologists, say the mine poses a potential threat to hundreds of salmon spawning streams in the Bristol Bay region. Both sides have bombarded television viewers with their arguments for and against the mine.
“It’s pure speculation on my part,” said Bob Waldrop, a long-time participant in the Alaska seafood industry, including the commercial salmon fisheries in Bristol Bay, “but it sounds like maybe they re getting increasingly anxious about their holdings.”
Waldrop noted that Northern Dynasty has been saying for some time that as a junior mining company they don’t do development. “Apparently they are having a hard time with their offer, so they keep making news out of it, “ he told The Fishermen’s News.
“Skies are dark with impending scrutiny of proposed development out there,” Waldrop said. “They may be worried about the information that will come out during permitting and trying to get out before that.”
Transportation Costs Signup Deadline is Sept. 9
United Fishermen of Alaska is renewing its efforts to get Alaska’s salmon fishermen federal funding to relieve the financial pain of high transportation costs. UFA’s Mark Vinsel noted in an announcement on Aug. 29 that 40 Alaska fishermen applied for funding authorized through the Good, Conservation and Energy Act of 2008, the Farm Bill, for payments to help offset the high cost of transportation, just like Alaska farmers and ranchers. All 40 fishermen were initially denied, Vinsel said. Now UFA marketing chair Bruce Schactler has appealed the denal and hs appeal will be considered at a hearing on Sept. 22.
Vinsel said that Schactler and the UFA believe the intent of Congress is clear, to include salmon fishermen because they produce an agricultural commodity. If the appeal is successful, it should open the door to this transportation cost relief program to Alaska salmon fishermen, he said.
To be eligible for 2011, fishermen must download and print page 1 of the application form, and return it to the Alaska Farm Service Agency by Sept. 9.
To apply click on RTCP FSA Form 218 (PDF 203 KB) http://www.fsa.usda.gov/Internet/FSA_File/rtcp_form_fsa218.pdf
The Reimbursement Transportation Costs Payment Program for Geographically Disadvantaged Farmers and Ranchers assists farmers and ranchers in Alaska, Hawaii and other outlying areas.
Vinsel said that Schactler and the UFA believe the intent of Congress is clear, to include salmon fishermen because they produce an agricultural commodity. If the appeal is successful, it should open the door to this transportation cost relief program to Alaska salmon fishermen, he said.
To be eligible for 2011, fishermen must download and print page 1 of the application form, and return it to the Alaska Farm Service Agency by Sept. 9.
To apply click on RTCP FSA Form 218 (PDF 203 KB) http://www.fsa.usda.gov/Internet/FSA_File/rtcp_form_fsa218.pdf
The Reimbursement Transportation Costs Payment Program for Geographically Disadvantaged Farmers and Ranchers assists farmers and ranchers in Alaska, Hawaii and other outlying areas.
Steller BiOp Review Draws Large Crowd
Aleutians East Borough’s community development coordinator, Ernest Weiss, notes that a large crowd turned out in Anchorage recently for a public meeting to provide comments about an independent scientific review report on the biological opinion fisheries management plan for the Bering Sea and Aleutian islands.
Back in November 2010, the National Marine Fisheries Service accepted comments between the time of release of the draft and final publication of the 2010 North Pacific groundfish fishery biological opinion. At that time there was no independent scientific review of the document, even though there was an obvious consensus among scientists and the industry, Weiss noted.
Then in April, the Washington State Department of Fish and Wildlife, and Alaska Department of Fish and Game initiated an independent panel to review the Steller BiOp. The panel released the draft document “an independent, scientific review of the biological opinion (2010) of the fisheries management plan for groundfish fisheries in the Bering Sea/Aleutian Islands management area on July 21. That draft BiOp review disputes much of the analysis and many conclusions reached in the BiOp.
In its executive summary, Weiss noted, the independent scientific panel said “we do not agree with the finding of jeopardy or adverse modification for Steller sea lions in the western and central Aleutian Islands as concluded in the BiOp for the fishery management plan.
Among those testifying was former North Pacific Fishery Management Council member Dave Benton, who said closure of the Pollock fishery in the Western Aleutians for more than 10 years has not resulted in increased levels of Steller Sea lions in that area.
Back in November 2010, the National Marine Fisheries Service accepted comments between the time of release of the draft and final publication of the 2010 North Pacific groundfish fishery biological opinion. At that time there was no independent scientific review of the document, even though there was an obvious consensus among scientists and the industry, Weiss noted.
Then in April, the Washington State Department of Fish and Wildlife, and Alaska Department of Fish and Game initiated an independent panel to review the Steller BiOp. The panel released the draft document “an independent, scientific review of the biological opinion (2010) of the fisheries management plan for groundfish fisheries in the Bering Sea/Aleutian Islands management area on July 21. That draft BiOp review disputes much of the analysis and many conclusions reached in the BiOp.
In its executive summary, Weiss noted, the independent scientific panel said “we do not agree with the finding of jeopardy or adverse modification for Steller sea lions in the western and central Aleutian Islands as concluded in the BiOp for the fishery management plan.
Among those testifying was former North Pacific Fishery Management Council member Dave Benton, who said closure of the Pollock fishery in the Western Aleutians for more than 10 years has not resulted in increased levels of Steller Sea lions in that area.
Saving Citizenship Requirements
The US Coast Guard has posted in the Federal Register a proposed rule that would provide a waiver of citizenship requirements for crewmembers on commercial fishing vessels. A waiver request would have to be accompanied by a successful dockside safety examination. Comments on the proposed rule are due by Nov. 16.
The posting says that the Coast Guard proposes to add to its regulations a description of the procedures for requesting and processing waivers of citizenshi8p requirements on commercial fishing vessels.
Anyone wishing to comment on this matter may do so by submitting comments identified by docket number USCG-2010-0625.
There are four ways to submit comment. (1) use the Federal eRulemaking Portal: http://www.regulations.gov; (2) fax 1-202-493-2251; (3)mail comments to the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE, Washington DC 20590-0001; or hand delivery, between 9 a.m. and 5 p.m. weekdays. Phone number is 1-202-366-9329.
The posting says that the Coast Guard proposes to add to its regulations a description of the procedures for requesting and processing waivers of citizenshi8p requirements on commercial fishing vessels.
Anyone wishing to comment on this matter may do so by submitting comments identified by docket number USCG-2010-0625.
There are four ways to submit comment. (1) use the Federal eRulemaking Portal: http://www.regulations.gov; (2) fax 1-202-493-2251; (3)mail comments to the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE, Washington DC 20590-0001; or hand delivery, between 9 a.m. and 5 p.m. weekdays. Phone number is 1-202-366-9329.
Wednesday, August 24, 2011
Chasing Business South
August 2011
In the May issue of Fishermen’s News we reported on the new sandblast and paint booth at Seattle’s Pacific Fishermen Shipyard. The story described a $1 million Small Shipyard Stimulus Funding Grant awarded by the Maritime Administration, under the American Recovery and Reinvestment Act, for worker training and capital improvements.
The installation of the new, 70-foot long paint booth was engineered to be environmentally compliant under the Puget Sound Clean Air agency regulations for spray painting operations.
Complementing the paint booth is a 16-foot-wide, environmentally friendly sandblast booth, which employs the latest technology for recyclable steel grit with zero emissions to the air and surrounding water.
The yard, justifiably proud of its new equipment and the opportunities it provides, christened its new blast and paint facility with a party attended by local fishermen and city officials, including Seattle Mayor Mike McGinn. Presumably, Mayor McGinn was also pleased to have such an environmentally conscious industry providing 57 family wage jobs and benefitting the local economy.
Three months later, in mid June, the shipyard was forced to lay off 37 of its 57 union employees when it lost two half-million-dollar contracts to refurbish two cruise ships for National Geographic. The company awarded the contracts to a shipyard in the San Francisco Bay area.
“We sell skilled labor,” says Pacific Fishermen general manager Doug Dixon, “and that’s a million dollars in taxable wages and sales.”
National Geographic’s operating company, Lindblad Explorations, is headquartered in Seattle, and has had work performed by the shipyard in the past. The company told Dixon his bid was competitive but the California yard’s location “allows for longer working hours.”
“It would have been less expensive overall to do the work here in Seattle rather than Alameda,” says Dixon. “Unfortunately, they know the issues of doing business in the City of Seattle and they had a requirement to sail on a schedule.”
Dixon says the primary reason the cruise line chose the Bay Area yard is the City of Seattle’s noise ordinance that effectively shuts down all ship repairing activity at 10 pm. “Not being able to work past 10 pm put their sailing schedule at risk, so they chose the Alameda yard,” he says.
Dixon has asked the City to work with him to “bring Seattle back to its full industrial/economic strength and revise our noise ordinances for industrial work in industrial zones.”
With the state of the economy, Seattle and King County can ill afford to chase business away, and those 37 families are looking at a pretty tough summer with the job market the way it is. I wonder how many of them are Seattle voters.
In the May issue of Fishermen’s News we reported on the new sandblast and paint booth at Seattle’s Pacific Fishermen Shipyard. The story described a $1 million Small Shipyard Stimulus Funding Grant awarded by the Maritime Administration, under the American Recovery and Reinvestment Act, for worker training and capital improvements.
The installation of the new, 70-foot long paint booth was engineered to be environmentally compliant under the Puget Sound Clean Air agency regulations for spray painting operations.
Complementing the paint booth is a 16-foot-wide, environmentally friendly sandblast booth, which employs the latest technology for recyclable steel grit with zero emissions to the air and surrounding water.
The yard, justifiably proud of its new equipment and the opportunities it provides, christened its new blast and paint facility with a party attended by local fishermen and city officials, including Seattle Mayor Mike McGinn. Presumably, Mayor McGinn was also pleased to have such an environmentally conscious industry providing 57 family wage jobs and benefitting the local economy.
Three months later, in mid June, the shipyard was forced to lay off 37 of its 57 union employees when it lost two half-million-dollar contracts to refurbish two cruise ships for National Geographic. The company awarded the contracts to a shipyard in the San Francisco Bay area.
“We sell skilled labor,” says Pacific Fishermen general manager Doug Dixon, “and that’s a million dollars in taxable wages and sales.”
National Geographic’s operating company, Lindblad Explorations, is headquartered in Seattle, and has had work performed by the shipyard in the past. The company told Dixon his bid was competitive but the California yard’s location “allows for longer working hours.”
“It would have been less expensive overall to do the work here in Seattle rather than Alameda,” says Dixon. “Unfortunately, they know the issues of doing business in the City of Seattle and they had a requirement to sail on a schedule.”
Dixon says the primary reason the cruise line chose the Bay Area yard is the City of Seattle’s noise ordinance that effectively shuts down all ship repairing activity at 10 pm. “Not being able to work past 10 pm put their sailing schedule at risk, so they chose the Alameda yard,” he says.
Dixon has asked the City to work with him to “bring Seattle back to its full industrial/economic strength and revise our noise ordinances for industrial work in industrial zones.”
With the state of the economy, Seattle and King County can ill afford to chase business away, and those 37 families are looking at a pretty tough summer with the job market the way it is. I wonder how many of them are Seattle voters.
Salmon Harvest Grows, But Still Below Forecast
Harvests of all species of Alaska’s wild salmon runs grew to 149,217,000 for the week ended Aug. 19, still well short of the forecast of 203 million fish overall. Preliminary totals included nearly 40 million sockeyes, some 94.7 million pinks, 1.7 million silvers, nearly 12.8 million chums and 372,000 chinook salmon.
Alaska Department of Fish and game spokesman Geron Bruce notes that the pink salmon harvest continues to be very good in Southeast Alaska and is plugging along in Prince William Sound. The catch is likely to reach its forecast in Southeast Alaska, but not in Prince William Sound, where the harvest to date is 28 million pinks, compared to a forecast of 38 million pinks.
The red salmon harvest in Bristol Bay came in at some 22 million fish, and Bristol Bay is the big driver in sockeyes, so if Bristol Bay is under, it’s hard to make it up, Bruce said. Still Cook Inlet, Chignik and the Copper River came in above forecast, with preliminary harvest totals to date of 5.5 million, 2.5 million and 2 million reds respectively.
On the Lower Yukon River, the preliminary harvest report on the chum salmon run showed a catch of 425,000 fish through Aug. 19. “They are having a good fall run, and they had a good summer run,” Bruce said. The problem with the summer run was the king salmon run was so poor that fishing times for the chum harvest were limited to allow for enough escapement of the kings to the Upper Yukon and across the Canadian border.
Overall, Bruce said, the statewide salmon harvest will be somewhat similar to that of 2010, but probably worth a little bit more because prices are better, especially for the pink and chum salmon.
Alaska Department of Fish and game spokesman Geron Bruce notes that the pink salmon harvest continues to be very good in Southeast Alaska and is plugging along in Prince William Sound. The catch is likely to reach its forecast in Southeast Alaska, but not in Prince William Sound, where the harvest to date is 28 million pinks, compared to a forecast of 38 million pinks.
The red salmon harvest in Bristol Bay came in at some 22 million fish, and Bristol Bay is the big driver in sockeyes, so if Bristol Bay is under, it’s hard to make it up, Bruce said. Still Cook Inlet, Chignik and the Copper River came in above forecast, with preliminary harvest totals to date of 5.5 million, 2.5 million and 2 million reds respectively.
On the Lower Yukon River, the preliminary harvest report on the chum salmon run showed a catch of 425,000 fish through Aug. 19. “They are having a good fall run, and they had a good summer run,” Bruce said. The problem with the summer run was the king salmon run was so poor that fishing times for the chum harvest were limited to allow for enough escapement of the kings to the Upper Yukon and across the Canadian border.
Overall, Bruce said, the statewide salmon harvest will be somewhat similar to that of 2010, but probably worth a little bit more because prices are better, especially for the pink and chum salmon.
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