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“We find it amazing that Sutton, who has admitted that he has a conflict of interest, believes he can continue to sit on the Commission and make decisions which benefit his employer,” said Harold Davis, Central Coast Fisheries Conservation Coalition (CCFCC) Director, “given that Gustafson found it necessary to resign from the Commission with ‘no past, present or currently foreseen’ future conflicts.” 

Photo of Michael Sutton courtesy of California Fish and Game Commission 

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Aquariumgate: Coalition Demands Fish and Game Commissioner’s Resignation   

by Dan Bacher   

The Central Coast Fisheries Conservation Coalition (CCFCC), a recreational fishing group based out of San Luis Obispo, is demanding that Michael Sutton resign from his position as California Fish and Game Commissioner due to conflicts of interest in his votes regarding Governor Arnold Schwarzenegger’s fast track Marine Life Protection Act (MLPA) initiative. 

Schwarzenegger appointed Sutton, of Monterey, to the Commission on May 4, 2007. He was reappointed on March 25, 2009 to a six-year term. Sutton has served as vice president and founding director of the Center for the Future of the Oceans at the Monterey Bay Aquarium since 2004 – creating what the coalition claims is a clear conflict of interest when Sutton votes on the MLPA initiative, a process strongly supported by his employer. 

The group contends that after almost a year of denials, “Sutton has finally acknowledged that his position as an employee and vice president of the Monterey Bay Aquarium conflicts with his role as a Commission member.” 

During the Commission meeting on March 3, 2010, Commissioner Richard Rogers, referring to the issue of scientific collection permits in Marine Protected Areas (MPAs), stated, in Sutton’s presence: “…Commissioner Sutton has to recuse himself from that discussion because the Monterey Bay Aquarium is actually involved as you know in scientific collections.” 

Sutton reportedly recused himself from the discussion on such permits in MPAs at the Marine Resources Committee meeting on February 16, 2010, according to CCFCC. 

“It is obvious that the Aquarium has a financial stake in any decision relating to scientific collection permits in MPAs,” said CCFCC Director Harold Davis. “As Commissioner Rogers said at the Commission meeting on March 3, 2010, scientific collection is ‘big business.’” 

“This is certainly true in the case of the Aquarium, which profits from the fees it charges to the public to view the marine creatures and plants that it collects and displays,” explained Davis. “Moreover, there clearly is a benefit to being allowed to collect these specimens in MPAs, areas designated by the Commission where fishing and other uses by the public are restricted or forbidden.” 

Sutton’s acknowledgment of a conflict is limited to decisions on scientific collection permits. However, the CCFCC charged, in a letter sent to the Commission on March 19, 2010, that his conflict of interest “extends to the formation and amendment of the MPAs in which the Aquarium will have scientific collection permits.” 

The coalition pointed out that “it would be inconsistent and irrational for Commissioner Sutton to take the position that he must recuse himself from discussions and votes concerning scientific collection permits in MPAs, but that he can vote to establish the very protected areas in which restraints are placed on the general public’s use while extraction for scientific purposes by his employer is allowed.” 

In May 2009, the CCFCC filed a sworn complaint with the California Fair Political Practices Commission (FPPC) charging Sutton with violating the Political Reform Act (PRA) of 1974 because of his conflicts of interest on votes on MLPA while serving on the Fish and Game Commission. In a cursory evaluation, the FPPC ruled that it didn’t find any financial conflicts of interests regarding Sutton’s position. 

“After conducting an investigation of your allegations in the sworn complaint, we found insufficient evidence to establish that a violation of the Political Reform Act occurred,” wrote Neal P. Bucknell, Commission Counsel. 

However, Davis emphasized that conflicts of interest are evaluated not merely under the Political Reform Act, which governs only financial conflicts, but also under the common law rules. “These rules are much broader and relate to any actual or potential conflict and to the mere appearance of a conflict,” said Davis. 

Former FGC Commission President Cindy Gustafson “apparently recognized this when she resigned last year,” noted Davis. Gustafson said that her position as general manager of the Tahoe City Public Utilities District might give rise to a conflict sometime in the future even though according to her resignation letter, “… no past, present or currently foreseen issues have presented any concern whatsoever, [but] there is a hypothetical possibility that a future issue may arise and the law is quite clear that even this possibility creates the incompatibility described in the law.” 

“We find it amazing that Sutton, who has admitted that he has a conflict of interest, believes he can continue to sit on the Commission and make decisions that benefit his employer,” said Davis, “given that Gustafson found it necessary to resign from the Commission with ‘no past, present or currently foreseen’ future conflicts.” 

Up until his recent acknowledgement that his position as an employee and vice president of the aquarium conflicts with his role as a Commission member, Sutton has persistently denied any conflict. 

“Before I went on the Commission I went through a vetting process to determine if there were any issues like that or any conflicts of interest as defined by the state,” Sutton said, as quoted by Ed Zieralski in the San Diego Union-Tribune on March 10, 2009. “There weren’t any and nothing since then has changed. I have a deep interest in helping the ocean and working with the Commission to continue that process (http://www.signonsandiego.com/weblogs/san-diego-outdoors-blog/2009/mar/10/commissioner-michael-sutton-wont-recuse-himself-ml/). 

Melvin de la Motte, CCFCC president, pointed out the absurdity of Sutton’s denial of any conflict of interest until recently. “The Monterey Bay Aquarium leadership has publically admitted that they are pushing for no take zones under the MPLA,” he stated. “How can Sutton claim to be neutral on votes on something, the MLPA, that his employer is an advocate for?” 

De la Motte’s contention was backed up by a San Jose Mercurcy News article by Paul Rogers on March 29, 2010 highlighting how the Aquarium, under the leadership of its executive director, Julie Packard, is “switching from education to advocacy.” “Through its Center for the Future of the Oceans, the aquarium is urging the public to send an electronic form letter to Gov. Arnold Schwarzenegger to support broad ‘no fishing zones,’ or marine protected areas, off Southern California,” said Rogers (http://forums.mercurynews.com/topic/new-global-warming-exhibit-shows-steady-shift-from-education-to-advocacy-at-monterey-bay-aquar). 

Faced with this egregious conflict of interest, CCFCC has asked the Commission to “confirm that Sutton will not vote on any issues relating to MPAs or, if the Commission refuses to provide this confirmation, for a written explanation of the reasons for its refusal.” 

The coalition believes the “proper course” would be for Sutton to resign. “We call for Sutton’s immediate resignation from the Fish and Game Commission because of his now self-admitted conflict of interest,” said Davis. 

Schwarzenegger’s Web of Corruption and Conflicts of Interest 

The latest charge by CCCFA joins a myriad of charges of corruption and conflicts of interest that fishermen and North Coast environmentalists have leveled against officials involved in Schwarzenegger’s MLPA Initative, a process that is privately funded by the Resource Legacy Fund Foundation. 

Fishing and environmental groups have blasted Schwarzenegger for appointing to the MLPA Blue Ribbon Task force officials from the oil, real estate and marina development industries who have a vested interest in the how marine reserves are designated and implemented. 

Advocates of democracy and transparency believe that it is no coincidence that Katherine Reheis-Boyd, the president of the Western States Petroleum Association, is chair of the MLPA Blue Ribbon Task Force for the South Coast and serves on the North Coast panel at a time when Governor Arnold Schwarzenegger and the oil industry want to install more oil rigs off the California coast. 

“By setting up these no-take marine reserves and kicking fishermen, Indians, seaweed harvesters and other ocean food providers off traditional areas of the ocean, the Schwarzenegger administration is paving the way for offshore oil drilling,” said John Lewallen, North Coast environmental leader and sustainable seaweed harvester. “Twenty-three percent of the nation’s offshore oil reserves are off the coast of California. The Point Arena Basin off Mendocino is on track now to be leased for drilling by the Mineral Management Services.” 

Bob Fletcher, former president of the Sportfishing Association of California, recently claimed in a Fish and Game Commission meeting there was hard evidence that two members of the MLPA Blue Ribbon Task Force, Bill Anderson and Greg Schem, agreed “to sign off on everything else” in return for not putting a reserve in an area where both had marinas and business interests (http://www.sbsun.com/sports/ci_14523601). Anderson is president of Westrec Marina Management, while Schem is president and chief executive officer of Harbor Real Estate Group. 

Cindy Gustafson, chair of the MLPA Blue Ribbon Task Force for the North Coast, responded to these allegations by saying, “I take personal offense to the allegations that members of the MLPA Blue Ribbon Task Force lied to the commission about business partnerships. Bill Anderson and Greg Schem have never been business partners and neither of them has ever invested in one another’s projects. Further, their ownership interests in marina properties have been fully disclosed and no conflicts of interest exist.” 

However, how it is possible for her to say that “no conflicts of interest exist?” MLPA critics hold that the conflicts of interests are self-apparent, since both own businesses – real estate and marina development – that can clearly profit or be hurt by the designation of Marine Protected Areas. Just like Schwarzenegger appointed Reheis-Boyd to the task force to ensure that the oil industry’s interests are served, the Governor appointed Anderson and Schem to make sure that real estate and marina development businesses are not harmed by the creation of MPAs. 

The web of corruption and conflicts of interests is not limited to the MLPA, but extends to numerous other environmental appointments by Schwarzenegger, the worst Governor for fish and the environment in California history. In his zeal to drive collapsing Central Valley salmon and Delta fish populations over the abyss of extinction, Schwarzenegger recently appointed four backers of the peripheral canal/tunnel to the Delta Stewardship Council that will oversee the implementation of the water package that was rammed through the Legislature by Schwarzenegger and Senate President Pro Tem Darrell Steinberg (D-Sacramento) last November. 

Schwarzenegger on March 19 appointed Francis Randall “Randy” Fiorini, a Turlock agribusiness owner, Philip Isenberg, a veteran political hack and lobbyist for the Irvine Ranch Water District, Henry “Hank” Nordhoff, a bio-tech corporate executive, and Richard Roos-Collins, director of legal services for the Natural Heritage Institute, to the “distinguished” seven-member panel. 

Environmentalists and fishermen have also exposed conflicts of interest on the state water boards. On March 21, Matt Weiser of the Sacramento Bee disclosed how “the leader of the state’s largest water pollution regulator is married to a lobbyist for agencies it regulates, a potential conflict of interest she did not disclose publicly until an ethics complaint was brought against her (http://www.sacbee.com/2010/03/21/2622315/water-pollution-regulator-failed.html). 

The state’s Fair Political Practices Commission is investigating a 51-page complaint filed by the California Sportfishing Protection Alliance (CSPA), against Katherine Hart Johns, chair of the Central Valley Regional Water Quality Control Board. CSPA alleges that she failed to disclose, as mandated by the Political Reform Act, that her spouse was a registered lobbyist receiving substantial income from entities regulated under the Porter-Cologne and the federal Clean Water Act. 

“The Schwarzenegger administration’s approach to protecting water quality can best be described as appointing foxes to guard the chickens,” summed up Bill Jennings, CSPA executive director. 

There is no doubt that the Marine Life Protection Act, a law passed by the State Legislature and signed by Governor Gray Davis in 1999, has been hijacked by corrupt corporate interests. The text of the legislation states very clearly, “Coastal development, water pollution, and other human activities threaten the health of marine habitat and the biological diversity found in California’s ocean waters.” 

Unfortunately, Schwarzenegger, a master corporate greenwasher, has completely taken coastal development, water pollution and other human activities other than fishing “off the table” in his MLPA process. He prefers instead to kick the strongest defenders of the ocean – recreational and commercial fishermen, Indian Tribal members and seaweed harvesters – off public ocean waters to clear a path for oil rigs, corporate aquaculture, marina development and wave energy projects.  

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Fishermen, Congressional Leaders to Rally at Salmon Summit 

by Dan Bacher 

Fishermen and Congressional leaders will rally to demand action to rebuild the West’s iconic salmon industry at the First Annual Salmon Summit on Thursday, April 1, from 10 am – 2 pm at the Fort Mason Center in San Francisco. 

The summit will feature a hearing about the devastating costs of the closure of the last two salmon fishing seasons, spurred by record water exports from the California Delta, on families along 1,000 miles of America’s coast. It will provide a forum to discuss long-term solutions to better manage the San Francisco Bay-Delta Estuary, the backbone of fishing for Chinook salmon in California and Oregon. 

“This is the best opportunity in years for salmon fishermen and other supporters to join in a unified statement that we support salmon, salmon fishing and the water and habitat needs that will allow the stocks to rebuild,” said Dick Pool, administrator of Water for Fish. “This is our opportunity to demonstrate that salmon have a huge constituency in California and that we are not going to stand by while others take the water salmon need for their own profits.” 

The event will include a free seafood reception hosted by Scoma’s, Hayes Street Grill, Fish, Foreign Cinema, and Monterey Fish Market. 

Congressmen George Miller (D-Concord), Mike Thompson (D-St. Helena) and other state and federal officials will speak about what must be done to restore salmon. Recreational and commercial salmon fishermen from California and Oregon will tell their personal stories about how the decimation of the Sacramento’s salmon has hurt them and their communities. 

Business owners from both states will speak of their losses and those of neighboring businesses caused by the record low salmon numbers of the last several years. Representatives of local governments from Morro Bay to Newport, Oregon will report how the loss of salmon has devastated their communities. Representatives of sport fishing interests and the Pacific Fishery Management Council (PFMC) will round out those to testify. 

Participants in the summit will discuss how future salmon fishing season closures can be avoided by urging Congress to recognize that salmon fisheries are economically vital to the West Coast. By upholding the Clean Water Act, Endangered Species Act, Central Valley Project Improvement Act and other laws that prevent excessive Delta water pumping from killing salmon, we can ensure that salmon have needed flows to survive and thrive. 

The summit comes at a critical time for Central Valley salmon populations. The Sacramento River fall Chinook run, the driver of West Coast salmon fisheries, collapsed from nearly 800,000 in 2002 to only 39,530 in 2009. The 2009 run was less than one third of the 122,196 fish that federal biologists had forecasted. 

Federally protected runs of winter and spring run chinook declined to less than 5,000 individuals each in 2009. The endangered winter Chinook salmon return in 2009 was estimated to be 4,483 adults and 54 jacks, while the spring Chinook run in 2009 totaled 4,506 fish. 

Although ocean conditions have played a role in the collapse of all three salmon populations, no factor has figured more prominently in the population crash than massive water exports from the California Delta to corporate agribusiness and southern California. The National Academy of Sciences (NAS) on Friday, March 17 released a peer-review report that validates recent federal “biological opinions” and federal actions, particularly seasonal reductions in water pumping, to protect endangered Sacramento River Chinook salmon, Central Valley steelhead, Delta smelt and green sturgeon in the Bay-Delta Estuary. 

“We want to prevent another catastrophic salmon fishing closure like the one we endured over the last two years,” emphasized Pool. “We want robust salmon stocks that will support full sport and commercial salmon seasons. Salmon-dependent communities, jobs and families are at stake in the tug of war for California water, along with our priceless fishing heritage.” 

Rather than upholding existing laws that protect salmon and Delta fish, Governor Arnold Schwarzenegger, Senator Diane Feinstein and corporate agribusiness are relentlessly pushing for the construction of a peripheral canal and the passage of a water bond that will likely lead to the extinction of Central Valley salmon and Delta fish populations. Everybody who cares about the future of salmon and the people and businesses that depend upon them must work to stop the water grab by corporate agribusiness and southern California! 

“We need to defeat the peripheral canal, keep water a public resource, fix aging Delta levees and keep clean and cool water in our rivers for the fish,” summed up Mike Hudson, executive director of SalmonAid (http://www.salmonaid.org). 

Pool urges you to let him know if you can participate in the summit so organizers can plan for the event. Log onto http://www.Water4Fish.org/salmonsummit and fill out the card. You can indicate if you wish to speak in the public session or you can also sign up at the door. 

Event sponsors include the Coastside Fishing Club, California Sportfishing Protection Alliance (CSPA), Earthjustice, Golden Gate Fishermen’s Association, NorCal Federation of Fly Fishers, Northern California Guides Association, Northwest Sportfishing Industry Association, Pacific Coast Federation of Fishermen’s Associations (PCFFA), SalmonAid, Salmon Water Now, Small Boat Commercial Salmon Fishermen’s Association, The Fish Sniffer magazine (http://www.fishsniffer.com), USAfishing.com, Water4Fish, Monterey Fish Market, The Fish Restaurant, Scoma’s, Hayes Street Grill and Foreign Cinema Restaurant. 

For updates on the summit and videos about the campaign to restore salmon and the Delta, please visit: http://www.salmonwaternow.org. You can watch Salmon Water Now’s newest video, “California’s Delta Challenge: The Heart of the Problem,” on Vimeo or YouTube: 
YouTube – Part 1 of 2: http://www.youtube.com/watch?v=1kYsTrYm7_c&fmt=18 
YouTube – Part 2 of 2: http://www.youtube.com/watch?v=4upkWLfkMgA&fmt=18 
Vimeo: http://www.vimeo.com/9861205 

Salmon Summit Schedule: 

10:00am – 11:00 am fishermen rally and gathering 
11:00am – 11:30 am congressional remarks 
11:30am – 12:30 pm expert panels and seafood industry testimony 
12:30pm – 1:00 pm public comment 
1:00pm – 1:30 pm media availability with members of Congress and salmon fishermen 
1:00pm – 2:00 pm seafood reception 

Visuals: A 22-foot blow up salmon, salmon fishing boats on the San Francisco Bay, the Golden Gate Bridge and fishermen with signs and banners and B-roll will be available 

Directions: Golden Gate Room at Fort Mason Center. Enter at the intersections of Buchanan St. and Marina Blvd. The Fort Mason Conference Center is along the water in San Francisco’s Marina District, immediately east of the marina docks at Gas House Cove and adjacent to and just before Greens Restaurant (See Building A in attached map). Free public parking is available in the area or you can pay fee at Fort Mason. News media will receive a media pass to park for free near Building A. 

Contact: For background information or to arrange advance interviews with salmon fishermen or others, please contact: Jennifer Witherspoon, 415-293-6067; jwitherspoon [at] edf.org

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First Annual Salmon Summit to be held in San Francisco

 

March 22, 2010 — Salmon Supporters, we need to rally.  On April 1st an event will take place that may be your best chance ever to fish for salmon again.  Several congressional and state political leaders will assemble in San Francisco to attend the first ever California “Salmon Summit”.  The event will focus on the devastating cost of the recent salmon fishing closures that are impacting fishermen, fishing businesses restaurants and hundreds of communities along the coast and in the valley.  Congressmen George Miller and Mike Thompson will lead the program.
 
This is the best opportunity in years for salmon fishermen and other supporters to join in a unified statement that we support salmon, salmon fishing and the water and habitat needs that will allow the stocks to rebuild.  This is our opportunity to demonstrate that salmon have a huge constituency in California and that we are not going to stand by while others take the water salmon need for their own profits.  To do this, we need a large crowd of vocal supporters with signs and banners and willing to speak up for what they believe in.
 
Make your plans now.  The event will take place on Thursday April 1st at Fort Mason in San Francisco from 10:00 AM to 1:00 PM.  Following the program, some of the top seafood restaurants in the Bay Area will host a free seafood reception for everyone attending.  The Fort Mason Conference Center is located at the intersection of Buchanan Street and Marina Blvd. West of Fishermen’s Wharf.  Free parking is available in the area or you can pay the Fort Mason.
 
We want to prevent another catastrophic salmon fishing closure like the last two years.  We want robust salmon stocks that will support full sport and commercial salmon seasons.  Salmon-dependent communities, jobs and families are at stake in the tug of war for California water, along with our priceless fishing heritage.
 
Show up and make a statement.  Show our leaders that salmon are important in both California and Oregon and deserve a fair share of California water.  Let’s stop the water grab.
 
Please let us know if you can participate so we can plan.  Log intowww.Water4Fish.org/salmonsummit  and fill out the card.  You can indicate if you wish to speak in the public session.  You can also sign up at the door if you wish.
 
Event Sponsors:  Coastside Fishing Club, CSPA, Earthjustice, Golden Gate Fishermen’s Assn.  NorCal Federation of Fly Fishers,  Northern California Guides Association,  Northwest Sportfishing Industry Association, PCFFA,  SalmonAid, Salmon Water Now,  Small Boat Commercial Salmon Fishermen’s Association,  The Fish Sniffer, USAfishing.com,  Water4Fish,  Monterey Fish Market, The Fish Restaurant, Scoma’s,  Hayes Street Grill,  Foreign Cinema Restaurant.

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by Dan Bacher 

The issue of tribal rights and uses of ocean resources is now coming to a head in Governor Arnold Schwarzenegger’s fast track Marine Life Protection Act (MLPA) process. 

The MLPA initiative, after being suspended for lack of funding, was reinitated with private funding by the Resource Legacy Fund Foundation in 2004. MLPA officials until recently refused to address and respect traditional cultural subsistence, ceremonial and other customary uses of marine resources by California Indian Tribes. 

The Schwarzenegger administration has already imposed no-take reserves in the North Central Coast and Central Coast regions without proper consultation with Indian Tribes living in both regions. For example, the California Fish and Game Commission on August 5, 2009 voted for a marine reserve package that will ban the Kashia Pomo Tribe and others from harvesting abalone, mussels and seaweed off Stewarts Point as they have done for centuries. 

Fortunately, 25 tribes on the North Coast have united to address the Schwarzenegger administration’s failure to respect tribal uses under the MLPA Initiative. On March 18, the InterTribal Sinkyone Wilderness Council presented the Blue Ribbon Task Force for the North Coast Region with a strongly-worded statement on tribal use policy. 

According to the Council, the need for the development of a tribal use policy by the MLPA Initiative “arises from the regrettable fact that the Marine Life Protection Act neglected to explicitly address Tribal rights and interests. We are confident, however, that a policy can be devised that avoids interference with long-established Tribal traditional cultural subsistence uses, and at the same time stays within the legal parameters of the Act and other provisions of State and federal law.” 

“Tribal uses cannot be ignored in these early stages of MPA development; otherwise, subsequent revisions to the MPAs will be much more difficult and problematic,” the tribes emphasized. “If such revisions cannot be or are not made, the Initiative will have failed in its goal to respond favorably to the concerns of sovereign Indian Tribes.” 

The statement warned the officials to “not proceed further” in the process until tribal uses of ocean resources were first addressed. 

The Blue Ribbon Task Force responded to the tribal memo by saying, “In developing MPA proposals, the NCRSG (North Coast Regional Stakeholders Group) should strive to accommodate noncommercial, traditional subsistence, religious, cultural and other customary tribal gathering uses, by identifying such gathering uses as permitted in MPAs, understanding that some traditional gathering uses may render an MPA as requiring a specific classification as a state marine conservation area or state marine park and potentially with a level of protection that is different from a state marine reserve.” 

The task force also recommended that: 

• “NCRSG members should work with one another and members of California tribes and tribal communities to understand traditional tribal gathering areas, including high-priority areas, and use this information in developing MPA proposals.” 

• “NCRSG members should recommend potential co-management opportunities or approaches that can be recommended to the State of California.” 

• “NCRSG members should recommend mechanisms for characterizing traditional gathering uses in a respectful manner, so that MLPA Initiative staff and the BRTF can understand how best to classify any MPA that may be coexistent with traditional tribal gathering areas.” 

However, MLPA Initiative Executive Director Ken Wiseman, in a letter to BRTF Chair Cindy Gustafson on March 17, claimed that Fish and Game Commission and DFG lawyers advised the Commission staff to not grant “exemption to any party,” including tribes, from the MLPA. 

“In our continuing discussions with the California Fish and Game Commission and California Department of Fish and Game (DFG) legal staff, all advise that (1) the commission needs to continue its legal obligation of not granting exemption to any party from the MLPA, (2) the commission does not have the legal authority to grant an exclusive use for tribes or tribal communities without legislation, and (3) both the commission and DFG should continue discussions with the tribes and tribal communities,” the letter stated. 

Wiseman said he has requested that “formal legal written advice” from DFG be delivered to the BRTF “as soon as possible.”

It will be interesting to see how the MLPA officials deal with this long-neglected issue of tribal uses of ocean resources in upcoming meetings of the MLPA task force and stakeholders group. Hopefully, the Schwarzenegger administration will be forced not just to address tribal issues on the North Coast from Point Arena to the California-Oregon border, but to reopen the MLPA Central Coast, South Coast and Central Coast processes, since the designated marine reserves were developed without proper consultation of California Indian Tribes. 

The ignoring of tribal rights under the MLPA Initiative points to a larger problem: the refusal of the state of California to engage with the tribes as sovereign nations in government to government relations on water and other environmental issues. The refusal of the Schwarzenegger administration to respect tribal rights and interests was evidenced when the administration in 2005 appointed a stakeholders group for the Delta Vision process that completely excluded tribes, as well as recreational anglers. It was only after fishing, tribal and environmental groups protested about this injustice that one tribal member, Gary Mucahy of the Winnemen Wintu Tribe, was appointed to the stakeholders group. 

The MLPA Central Coast process completely left tribal representatives off the stakeholders group, while the North Central process proceeded forward with minimal tribal representation. It was only in the North Coast process stakeholders group, under strong pressure from North Coast tribes, that the Schwarzenegger adminstration allowed the tribes to have a substantial presence. 

There are eight tribal representative on the North Coast MLPA stakeholders group, including Russ Crabtree, Tribal Administrator, Smith River Rancheria; Jacque Hostler, Chief Executive Officer and Transportation & Land-Use Director, Trinidad Rancheria; Megan Rocha, Assistant Self Governance Officer, Yurok Tribe; Atta Stevenson, Acting President, Inter-Tribal Council of California and member, Laytonville Rancheria; Reweti Wiki, Tribal Administrator, Elk Valley Rancheria, Benjamin Henthorne, Environmental Coordinator, Hopland Band of Pomo Indians, and Valerie Stanley, member, Noyo Indian Community. 

The Marine Life Protection Act passed through the Legislature and was signed into law by Governor Gray Davis in 1999. The MLPA under Schwarzenegger has become a grotesque parody of what the law originally intended to do – protect California ocean waters and marine life. Instead, the process has become infested with conflicts of interests, mission creep, and corruption of the democratic process, as well as ignoring tribal rights and interests. 

For more information about the MLPA and upcoming meetings, go to: http://www.dfg.ca.gov/mlpa

To read the memo from the Blue Ribbon Task Force, the letter by Ken Wiseman, MLPA executive director, see the briefing document T.1 at: http://www.dfg.ca.gov/mlpa/meeting_032410.asp.

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Photo of Mark Franco, headman, and Caleen Sisk-Franco, chief of the Winnemem Wintu Tribe, courtesy of Indigenius Media.

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Winnemem Wintu Leaders in New Zealand to Call McCloud Salmon Home 

by Dan Bacher 

Two dozen members of the Winnemem Wintu Tribe are now on a spiritual mission in New Zealand to ask Chinook salmon native to the McCloud River, a tributary of the Sacramento River, to return home to northern California. 

Tribal representatives will gather on the banks of the Rakaia River, in Canterbury, on Sunday, March 28 to apologize to the winter run Chinook salmon – a species that was introduced to the river over 100 years ago. The winter Chinook is also known as “quinnat” in New Zealand. 

At the culmination of a four-day ceremony, tribal members will perform the “nur chonas winyupus” or middle water salmon dance, according to a news release from Tourism New Zealand. 

In California, the winter run is a listed as an endangered species under state and federal law. Only 4,483 adult winter Chinook returned to spawn in the Sacramento River below Shasta Dam in 2009, down from approximately 120,000 fish in 1969. 

The decline has been caused by an array of factors, including massive water exports from the California Delta, unscreened diversions, water pollution and the failure of the state and federal governments to provide fish passage to the fish’s original spawning grounds in the McCloud River above Shasta Dam. 

The tribal group – who are collaborating with New Zealand Māori leaders of the South Island Ngai Tahu tribe to organise the ceremony – was welcomed to New Zealand yesterday with a traditional Māori powhiri, the release stated. 

Caleen Sisk-Franco, Winnemem Wintu Chief, says the tribe came to New Zealand on a vision quest based on a higher spiritual calling. “The spirits came into the fire area here and they said ‘you’ve got to get it done’.” 

The construction of Shasta Dam on the Sacramento River stopped the salmon from ascending the McCloud as they did for thousands and thousands of years, breaking a sacred covenant that the tribe had with the fish, according to the Winnemem. The tribe says that New Zealand salmon are descended from eggs taken from the McCloud and they are hoping to reintroduce eggs from this original stock back into their homeland. 

The tribe’s journey received national and international attention on March 21 when the New York Times published an outstanding article written by Jesse McKinley about the tribe’s trip (http://www.nytimes.com/2010/03/21/us/21tribes.html?ref=us). 

“The Francos say they intend to ask local fish and game officials if they can bring back some of New Zealand’s salmon eggs — once of California stock — back to the McCloud. ‘We have to do more than pray,’ Ms. Callen Sisk-Franco said. “We have to follow through,’” according to McKinley. 

Representatives of the Winnemem scraped together the $60,000 needed for the trip by selling trinkets, soliciting help from wealthier tribes, and through Facebook. For the riverside ceremony, the delegation has brought ceremonial regalia including eagle headgear, a container of sacred water, weapons and a ceremonial drum. 

Mark Franco, Winnemem Wintu headman, announced the tribe’s plans to go to New Zealand during his keynote speech at the Organic Capital Celebration of Sustainability, sponsored by Organic Sacramento and Friends of the River, in Sacramento on December 9 (http://www.indybay.org/newsitems/2009/12/18/18633047.php). He received an award, on behalf of the tribe, for the tribe’s many efforts to stop the raising of Shasta Dam, to restore the Delta and bring salmon back to the McCloud River above Shasta Dam. 

The tribe’s journey comes at crucial time for Central Valley salmon populations. The Sacramento River fall Chinook salmon run, the driver of West Coast salmon fisheries, collapsed from nearly 800,000 fish in 2002, to only 39,500 fish in fall 2009. Endangered winter run and spring run chinook run chinook runs have also crashed, due to massive water exports from the California Delta to corporate agribusiness and southern California, declining water quality and other factors. 

Ironically, while salmon populations have declined dramatically in their native California waters, they now thrive in New Zealand rivers and coastal waters. The salmon was introduced into New Zealand waters between 1901 and 1907. The salmon has established spawning runs in the Rangitata, Opihi, Ashburton, Rakaia, Waimakariri, Hurunui and Waiau rivers in Aotearoa, New Zealand. 

I strongly urge you to contribute to the tribe’s battle to restore McCloud River salmon and their many other efforts on behalf of environmental justice, go to:http://www.facebook.com/pages/Redding/Winnemem-Wintu-Tribe/96167065518. All recreational anglers, commercial fishermen, conservationists, tribal members and environmental justice advocates should support the Winnemem Wintu in their campaign to bring the salmon home, defend sacred sites and regain federal recognition.

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Good Morning

I am outraged that the Hudson Riverkeeper is honoring Arnold Schwarzenegger, the worst Governor for fish and the environment in California history, for his “environmental advocacy” at the “Riverkeeper’s Annual Fishermen’s Ball” on April 14.

I have been a member of the Klamath Riverkeeper since the organization started and was a strong, outspoken supporter of the DeltaKeeper organization throughout its existence. I am appalled by this move by the Hudson Riverkeeper to honor a guy that makes former California Governors Gray Davis and Pete Wilson look like veritable John Muirs in comparison.

More than any journalist in the country, I have documented in article after article Schwarzenegger’s crimes against fish and the environment when most corporate media sources and some “environmental” NGOs have greenwashed the Governor’s record. The Riverkeeper must be condemned for honoring the guy who has presided over the unprecedented collapse of Central Valley salmon, Delta smelt, longfin smelt, striped bass, green sturgeon and other California fish populations.

How can the Hudson Riverkeeper possibly honor the Governor who continually campaigns for the construction of a peripheral canal and more dams, who has constantly slashed the budget for Department of Fish and Game biologists and game wardens, who has attacked Endangered Species Act protections for Delta smelt and Central Valley salmon and who has eviscerated the California Environmental Quality Act (CEQA)?

“Riverkeeper is honoring the guy for his ‘environmental stewardship’ who said on the Sean Hannity’ show ‘we gotta stop putting the interest of the salmon and the smelt above the interests of the people’- at a ‘fishermen’s ball’ no less!” said Mike Hudson, executive director of SalmonAid (http://www.salmonaid.org). “These guys must be out of their minds!”  

I don’t know of any fishermen – recreational, commercial or tribal – in California who support the Schwarzenegger regime’s war on fish and the environment. I urge you to withdraw your invitation to Schwarzenegger to be “honored” at your event.

You should then apologize to the recreational anglers, commercial fishermen, California Indian Tribes, Delta farmers, conservationists and environmental justice advocates who have suffered from Schwarzenegger’s continuous attacks on fish, fishermen and the environment!

Finally, when Robert F. Kennedy, Jr. or other members of the Riverkeeper board go to California next time, you should meet with fishermen and other fish restoration advocates to find out the truth about what Schwarzenegger’s “environmental advocacy” has done to Central Valley salmon and Delta fish populations and fishing communities throughout the state.

I am an investigative journalist specializing in water and fishery issues. I am editor of the Fish Sniffer magazine, www.fishsniffer.com, and a contributor to counterpunch.org, truthout.org, alternet.org, the Sacramento News and Review and numerous other print and on-line publications.

I am a dedicated environmentalist who is on the advisory councils of the Save the American River Association and Restore the Delta. I am a board member of www.water4fish.org and the Upper American River Foundation. I am a member of the Mother Lode Chapter of the Sierra Club, the California Sportfishing Protection Alliance and Friends of the River.

I have for years admired the hard work that the Hudson Riverkeeper has engaged in to restore the river and its fisheries. How can you possibly honor a Governor that has done everything he can to destroy California’s rivers and drive their fish populations towards extinction?

Thanks

Dan Bacher

Northern California Angler Publications, PO Box 776, Colfax, CA. 95713-0776, 916-685-2245, email: danielbacher@fishsniffer.com 


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by Dan Bacher 

Arnold Schwarzenegger, true to his record as the worst Governor in California history for fish and the environment, has appointed four backers of the peripheral canal/tunnel to the Delta Stewardship Council that will oversee the implementation of the water package that was rammed through the Legislature by Schwarzenegger and Senate President Pro Tem Darrell Steinberg (D-Sacramento) last November. 

Schwarzenegger on March 19 appointed Francis Randall “Randy” Fiorini, a Turlock agribusiness owner, Philip Isenberg, a veteran political hack and lobbyist for the Irvine Water District, Henry “Hank” Nordhoff, a bio-tech corporate executive, and Richard Roos-Collins, director of legal services for the Natural Heritage Institute, to the “distinguished” seven-member panel. 

“The Delta Stewardship Council was established as part of last year’s groundbreaking legislation to reform, restore and rebuild California’s vital water system,” Schwarzenegger claimed. “This council will work collaboratively to develop a plan to achieve the co-equal goals of restoring the Delta ecosystem and ensuring water supply reliability.” 

What Schwarzenegger failed to mention was that these “co-equal goals of restoring the Delta ecosystem and ensuring water supply reliability” are the same ones that led the Cal-Fed program down the path of disaster while hundreds of millions of dollars were wasted on bogus “restoration” programs that did nothing to stop the decline of Central Valley salmon and steelhead and Delta smelt. 

Schwarzenegger gushed, “Each of these individuals possesses the qualities, experiences and unique perspectives that are necessary to help the council meet these goals and implement the most comprehensive effort in decades to save and restore California’s Delta and secure our water supply for the future.” 

The only truth in this statement is that you can be sure that the corporate players and political hacks whom Schwarzenegger has appointed to the Council will do everything they can to secure their “water supply for the future” while driving Central Valley and other fish species over the abyss of extinction. 

The Sacramento River fall Chinook salmon population has declined from nearly 800,000 fish in 2002 to only 39,500 fish in fall 2009, while Delta smelt, longfin smelt, Sacramento splittail, juvenile striped bass and threadfin shad have declined to record low population levels in recent years. Massive water exports to corporate agribusiness in the San Joaquin Valley and southern California water agencies have played the key role in the collapse of all of these once abundant fish species. 

Of course, Schwarzenegger didn’t appoint any Delta residents, fishermen, Indian tribal members, independent scientists or any of those who want to restore the Delta and its imperiled fisheries. By appointing a San Joaquin Valley agribusiness owner, a lobbyist for the Irvine Water District, a bio-tech corporation executive and a lawyer for a corporate “environmental” NGO, Schwarzenegger is ensuring that the peripheral canal will be built and the interests of corporate agribusiness, the biotech industry and southern California water companies are served to the detriment of the Delta, its fish and its people. 

Schwarzenegger’s Legacy of Corruption 

The latest appointments are just more examples of the corruption and conflicts of interest that have resulted in Schwarzenegger receiving a 71 percent unfavorable rating by a recent field poll of California residents. 

On March 21, Matt Weiser of the Sacramento Bee disclosed how “the leader of the state’s largest water pollution regulator is married to a lobbyist for agencies it regulates, a potential conflict of interest she did not disclose publicly until an ethics complaint was brought against her ((http://www.sacbee.com/2010/03/21/2622315/water-pollution-regulator-failed.html). 

The state’s Fair Political Practices Commission is investigating a 51-page complaint filed by the California Sportfishing Protection Alliance (CSPA), against Katherine Hart Johns, chair of the Central Valley Regional Water Quality Control Board. CSPA alleges that she failed to disclose, as mandated by the Political Reform Act, that her spouse was a registered lobbyist receiving substantial income from entities regulated under the Porter-Cologne and the federal Clean Water Act .

“Ms. Hart Johns’ blatant conflict of interest provides insight into how the Regional Board, over the last few years, has gone from protecting water quality to protecting polluters from laws enacted to protect water quality,” said Bill Jennings, CSPA executive director. “The Schwarzenegger administration’s approach to protecting water quality can best be described as appointing foxes to guard the chickens.” 

Fishing and environmental groups have also blasted Schwarzenegger for appointing to the Marine Life Protection Act (MLPA) Blue Ribbon Task force officials from the oil, real estate and marina development industries who have a vested interest in the how marine reserves are designated and implemented. It is no coincidence that Katherine Reheis-Boyd, the president of the Western States Petroleum Association, is chair of the task force for the South Coast and serves on the North Coast panel at a time when Governor Arnold Schwarzenegger and the oil industry want to install more oil rigs off the California coast. 

On the same day that Schwarzenegger named his four council members, Senator Steinberg nominated former State Senator Patrick Johnston of Stockton to the council. Outdoing Assembly Speaker Karen Bass appointed Gloria Gray, a former hospital administrator who sits on the board of directors of the Metropolitan Water District of Southern California, to the panel earlier this month. Finally, Don Nottoli, a member of the Sacramento County Board of Supervisors, is automatically on the committee as head of the Delta Protection Commission. 

Since this panel has only seven members, the four members appointed by Schwarzenegger will have the majority vote and will be able to bring to fruition the Governor’s agenda of building a peripheral canal and new dams unless those that care about California’s fish populations and the communities that depend upon them rise up in a massive show of resistance! 

Shame On the Riverkeeper for Greenwashing Schwarzenegger’s War on Fish! 

As Schwarzenegger continues to appoint tainted officials to state boards and councils that will further his war on salmon and salmon fishermen, the Hudson Riverkeeper will “honor” Schwarzenegger for his “environmental advocacy” at the “Riverkeeper’s Annual Fishermen’s Ball” on April 14 in New York City. 

How can the Riverkeeper possibly honor the Governor who continually campaigns for the construction of a peripheral canal and more dams, who has constantly slashed the budget for Department of Fish and Game biologists and game wardens, who has attacked Endangered Species Act protections for Delta smelt and Central Valley salmon and who has eviscerated the California Environmental Quality Act (CEQA)? 

If the Riverkeeper leadership has any integrity, they should withdraw their invitation to Schwarzenegger to be “honored” at their event. They should then apologize to the recreational anglers, commercial fishermen, California Indian Tribes, Delta farmers, conservationists and environmental justice advocates who have suffered from Schwarzenegger’s continuous attacks on fish, fishermen and the environment. 

Finally, when Robert F. Kennedy Jr., Vice Chair and Chief Prosecuting Attorney for the Riverkeeper and Chairman of the Waterkeeper Alliance, goes to California next time he should meet with fishermen and other fish restoration advocates to find out the truth about what Schwarzenegger’s “environmental advocacy” has done to Central Valley salmon and Delta fish populations and fishing communities throughout the state. 

I urge you to write, call and email the Riverkeeper to let you know them how you feel about the Riverkeeper’s honoring of the “Fish Terminator” at: 828 South Broadway, Tarrytown, NY 10591, Phone: 800-21-RIVER, Email: info [at] riverkeeper.org. 

Here’s the link and announcement of the event honoring the “Fish Terminator”: 

http://www.riverkeeper.org/news-events/events/rvk-events/the-fishermens-ball/ 

Below is the press release from the Governor’s Office: 

For Immediate Release: 
Friday, March 19, 2010 
Contact: Aaron McLear, Mike Naple, 916-445-4571 

Governor Schwarzenegger Appoints Four Members to Delta Stewardship Council 

Governor Arnold Schwarzenegger today announced the appointments of Francis Randall “Randy” Fiorini, Philip Isenberg, Henry “Hank” Nordhoff and Richard Roos-Collins to the Delta Stewardship Council. 

“The Delta Stewardship Council was established as part of last year’s groundbreaking legislation to reform, restore and rebuild California’s vital water system. This council will work collaboratively to develop a plan to achieve the co-equal goals of restoring the Delta ecosystem and ensuring water supply reliability,” said Governor Schwarzenegger. “Each of these individuals possesses the qualities, experiences and unique perspectives that are necessary to help the council meet these goals and implement the most comprehensive effort in decades to save and restore California’s Delta and secure our water supply for the future.” 

Fiorini, 56, of Turlock, has been managing partner of Fiorini Ranch since 1975 and managing partner of FarmCo since 2001. Previously, he was president of Fiorini Family Vineyards from 2002 to 2008 and owner of Farm Data from 1984 to 2000. Fiorini is past president and board member of the Association of California Water Agencies, past board president and director of Turlock Irrigation District Division #5, and past president and board member of the California Farm Water Coalition. He earned a Bachelor of Science degree in fruit science from California Polytechnic State University, San Luis Obispo. This position requires Senate confirmation and the compensation is $40,669. Fiorini is a Republican. 

Isenberg, 71, of Sacramento, has served as president of Isenberg/O’Haren Government Relations since 2005. From 1977 to 2004, he was counsel for Miller, Owens and Trost, Attorneys at Law. Previously, Isenberg served as a member of the California State Assembly representing the 9th District from 1992 to 1996 and the 10th District from 1982 to 1992. From 1975 to 1982, he was mayor of the city of Sacramento. Isenberg served as chair of the California Marine Life Protection Act Blue Ribbon Task Force from 2004 to 2006 and served as chair of the Delta Vision Blue Ribbon Task Force from 2007 to 2008. He is also a member of the Sacramento Valley Conservancy Advisory Board. Isenberg earned a Juris Doctorate degree from the University of California, Berkeley Boalt Hall School of Law and a Bachelor of Arts degree in social science and government from California State University, Sacramento. This position requires Senate confirmation and the compensation is $40,669. Isenberg is a Democrat. 

Nordhoff, 68, of Del Mar, was president and chief executive officer of Gen-Probe Incorporated from 1994 until his retirement in 2009. Currently, he serves as chairman. From 1992 to 1994, Nordhoff served as president and chief executive officer of TargeTech and, from 1988 to 1992, he was president and chief executive officer of American Biogenetic Sciences. From 1986 to 1988, Nordhoff was vice president of mergers and acquisition for Sterling Drug Company and from 1970 to 1986, he worked for Pfizer Inc. in the U.S., Europe and Asia. His last position at Pfizer was director of licensing and business development. Nordhoff earned a Master of Business Administration degree in international business and finance from Columbia University and a Bachelor of Arts degree in international relations and political economy from Johns Hopkins University. Nordhoff served in the U.S. Navy from 1963 to 1967. This position requires Senate confirmation and the compensation is $40,669. Nordhoff is a Republican. 

Roos-Collins, 56, of Berkeley, has been director of legal services for the Natural Heritage Institute Since 1991. Previously, he served as deputy attorney general of the public rights division for the California Department of Justice from 1989 to 1991. From 1986 to 1989, Roos-Collins was attorney-advisor for the Office of the General Counsel at the U.S. Environmental Protection Agency. He is co-chair of the Agricultural Water Management Council and a member of the Bay Delta Conservation Plan Steering Committee. Roos-Collins is also director of the Pacific Forest and Watershed Lands Stewardship Council and founding director of the Hydropower Reform Coalition. He earned a Juris Doctorate degree from Harvard Law School and a Bachelor of Arts degree in English from Princeton University. This position requires Senate confirmation and the compensation is $40,669. Roos-Collins is a Democrat. 

The Delta Stewardship Council was created in SBX7 1 by Senator Joe Simitian (D-Palo Alto), which established the framework to achieve the co-equal goals of providing a more reliable water supply to California and restoring and enhancing the Delta ecosystem. 

As created in the bill, the Delta Stewardship Council consists of seven members, four appointed by the Governor, one appointed by the President Pro Tempore of the Senate and one appointed by the Speaker of the Assembly. The Chairperson of the Delta Protection Commission is a permanent member of the Council. 

The Council is tasked with: 

Developing a Delta Plan to guide state and local actions in the Delta in a manner that furthers the co-equal goals of Delta restoration and water supply reliability; 
Developing performance measures for the assessment and tracking of progress and changes to the health of the Delta ecosystem, fisheries, and water supply reliability; 
Determining if a state or local agency’s project in the Delta is consistent with the Delta Plan and the co-equal goals, and acting as the appellate body in the event of a claim that such a project is inconsistent with the goals; and 
Determining the consistency of the Bay-Delta Conservation Plan (BDCP) with the co-equal goals.

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It’s hard to believe, but the Hudson Riverkeeper is honoring Governor Arnold Schwarzenegger, the “Fish Terminator,” for his “environmental advocacy.” What wacky parallel universe does the “leadership” of the Riverkeeper inhabit? 

Riverkeeper Greenwashes Schwarzenegger’s Abysmal Environmental Record 

by Dan Bacher 

The Hudson Riverkeeper is honoring Arnold Schwarzenegger, the worst Governor for fish and the environment in California history, for his “environmental advocacy” at the “Riverkeeper’s Annual Fishermen’s Ball” on April 14. ” This is absurd as Henry Kissinger receiving the Nobel Peace Prize. In fact, it’s akin to giving Pol Pot an award for his human rights record! 

I have been a member of the Klamath Riverkeeper since the organization started and was a strong, outspoken supporter of the DeltaKeeper organization throughout its existence. I am livid over this move by the Hudson Riverkeeper to honor a guy that makes former California Governors Gray Davis and Pete Wilson look like veritable John Muirs in comparison. 

More than any journalist in the country, I have documented in article after article Schwarzenegger’s crimes against fish and the environment when most corporate media sources and some “environmental” NGOs have greenwashed the Governor’s record. The Riverkeeper must be condemned for honoring the guy who has presided over the unprecedented collapse of Central Valley salmon, Delta smelt, longfin smelt, striped bass, green sturgeon and other California fish populations. 

How can the Hudson Riverkeeper possibly honor the Governor who continually campaigns for the construction of a peripheral canal and more dams, who has constantly slashed the budget for Department of Fish and Game biologists and game wardens, who has attacked Endangered Species Act protections for Delta smelt and Central Valley salmon and who has eviscerated the California Environmental Quality Act (CEQA)? 

I suspect that Schwarzenegger may be receiving the award because of his close relationship to Robert F. Kennedy Jr., Vice Chair and Chief Prosecuting Attorney for the Riverkeeper and Chairman of the Waterkeeper Alliance, and other Kennedy family members through his marriage to Maria Shriver. However, honoring Schwarzenegger, when he is the worst enemy of fishery restoration in California, provides “green cover” for the Governor’s attack on Central Valley salmon and the Delta ecosystem. 

“Riverkeeper is honoring the guy for his ‘environmental stewardship’ who said on the Sean Hannity’ show ‘we gotta stop putting the interest of the salmon and the smelt above the interests of the people’- at a ‘fishermen’s ball” no less!” said Mike Hudson, executive director of SalmonAid (http://www.salmonaid.org). “These guys must be out of their minds!” 

Everybody who cares about the future of the Sacramento-San Joaquin River Delta and California’s collapsing fish populations must let the Riverkeeper leadership know that they will lose public support and their credibility by honoring the “Fish Terminator.” I don’t know of any fishermen – recreational, commercial or tribal – in California who support the Schwarzenegger regime’s war on fish and the environment. I suggest that the Riverkeeper change the name of their event from “Riverkeeper’s Annual Fishermen’s Ball” to “Riverkeeper’s Annual Greenwasher’s Ball” to more properly reflect the reality of their “classic Riverkeeper style.” 

If the Riverkeeper leadership has any integrity, they should withdraw their invitation to Schwarzenegger to be “honored” at their event. They should then apologize to the recreational anglers, commercial fishermen, California Indian Tribes, Delta farmers, conservationists and environmental justice advocates who have suffered from Schwarzenegger’s continuous attacks on fish, fishermen and the environment! Finally, when RFK, Jr., goes to California next time he should meet with fishermen and other fish restoration advocates to find out the truth about what Schwarzenegger’s “environmental advocacy” has done to Central Valley salmon and Delta fish populations and fishing communities throughout the state. 

I urge you to write, call and email the Riverkeeper to let you know them how you feel about the Riverkeeper’s honoring of the “Fish Terminator” at: 828 South Broadway, Tarrytown, NY 10591, Phone: 800-21-RIVER, Email: info [at] riverkeeper.org

Here’s the link and announcement of the event honoring the “Fish Terminator”: 

http://www.riverkeeper.org/news-events/events/rvk-events/the-fishermens-ball/ 

The Fishermen’s Ball 

Wednesday, April 14: Cocktails 6:30pm / Dinner 7:30pm, On the Hudson at Pier Sixty, Chelsea Piers, NYC 
Mark your calendar and plan to join Riverkeeper at our annual Fishermen’s Ball on Wednesday, April 14, 2010! Our gala celebration on the Hudson River at Pier 60 will honor the environmental advocacy of Governor Arnold Schwarzenegger and HBO in classic Riverkeeper style. Advance tickets and tables can be purchased online or by calling Event Associates at 212-245-6570 X23. We look forward to welcoming you to the Fishermen’s Ball on April 14th!

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Huge Turnout Needed to Stop Big Ag from Killing Delta Fish! 

by Dan Bacher 

Corporate agribusiness, in yet one more attempt to divert attention from the key role that water exports have played in the collapse of Central Valley salmon and Delta smelt populations, is trying to push a bill removing fishery protections from striped bass through the Legislature. 

The Assembly Water, Parks and Wildlife Committee will hear AB 2336, the “striped bass eradication bill” sponsored by Assemblywoman Jean Fuller (R-Bakersfield), on Tuesday April 13th at 9:00 am in Room 437 on the Assembly side of the State Capitol. Everybody who cares about striped bass and other collapsing fish populations on the embattled California Delta should attend this hearing and write letters to show their opposition to this bill. 

“Here we have another back door attempt by corporate agribusiness to bypass the state regulatory agencies,” said Mike McKenzie of the California Sportfishing Protection Alliance (CSPA). “If they are successful using these tactics, they will soon be after every game fish in the state. As an angling community that does not support this bill we need to, once again, pack the hearing room and the hallways with as many people as we possibly can.” 

Assemblymember Fuller has introduced AB 2336 to “terminate the management and protection of the public’s striped bass fishery” that inhabits the Bay-Delta estuary, according to John Beuttler, CSPA conservation director. The bill mandates the elimination of all regulations that govern the legal harvest of the fishery thereby eliminating its sport fishing protective status. Even though this would virtually destroy the fishery, the author alleges this is necessary to reduce striped bass predation on salmon and Delta smelt protected by the state and federal Endangered Species Acts. 

“This bill is similar to the one the Fuller introduced last year that was defeated by a coalition of anglers who care about the fishery and that acted in concert with sportfishing and environmental groups lead by CSPA,” said Beuttler. “That bill was killed in its first committee hearing because the false arguments used by the author significantly overstated the impact of striped bass predation. Scientific testimony provided during the hearing made it clear that striped bass rarely, if ever, eat Delta smelt and that predation on listed salmon is so low that it does not impact the population level of the listed salmon.” 

Beuttler noted that this bill is different in that it calls for the elimination of “the program enhancement, expansion or improvement of the fishery.” 

“Ironically, such programs do not exist!” said Beuttler. “It also requires that the Delta Stewardship Council to establish programs to discourage the promotion of the Bay-Delta striped bass as a sport fishery. It further requires the Stewardship Council to evaluate predator suppression options and make recommendations to remedy these problems.” 

“CSPA finds it absolutely arrogant that Fuller and her bill’s supporters would advocate the destruction of this valuable public resource again!” continued Beuttler. “Why should they be allowed to usurp the professional management and legal authority the government has given the Department of Fish & Game and the federal fishery agencies to protect listed species? The fishery agencies and their scientists know a great deal more about the striped bass fishery and the impacts it has on species of concern. They also understand and what it means for fisheries to co-exist in a dynamic estuarine ecosystem.” 

Beuttler asked, “So, why are the bill’s proponents focused on destroying the striped bass fishery instead of dealing with the huge problems caused to all the fisheries dependent on the estuary for survival? Why aren’t they fixing the problems cause by the state and federal water projects that have destroyed the estuary’s natural hydrology and the resiliency of its ecosystem? Why aren’t they immediately reducing the significant over allocation of the public’s water exported out of the Delta?” 

The bill’s supporters all appear to be agribusiness interests dependent on water exported from the Sacramento-San Joaquin River Delta, the largest estuary on the West Coast of the Americas. This attack is simply another cynical way to misdirect the government away from the real causes of the Central Valley salmon and Delta smelt collapse – massive water exports to corporate agribusiness and southern California, declining water quality and the failure of the state and federal governments to install state-of-the art fish screens at the Delta pumps. 

The striped bass eradication bill was introduced as one of a series of recent attacks by corporate agribusiness and their allies against Central Valley salmon and Delta fish populations. These include Governor Arnold Schwarzenegger’s campaign to build a peripheral canal and new dams and Senator Dianne Feinstein’s sponsoring of an amendment to bypass Endangered Species Act (ESA) protections for Sacramento River chinook salmon, Central Valley steelhead, green sturgeon, Delta smelt and southern resident killer whales. 

The Coalition for a Sustainable Delta, an “Astroturf” organization that is comprised of San Joaquin Valley water agencies linked to agribusiness tycoon Stewart Resnick, has also launched a lawsuit against the California Department of Fish and Game to remove fishing regulations that protect stripers supposedly to “protect” Central Valley salmon and Delta. 

Striped bass have successfully coexisted with salmon and Delta smelt since being introduced to the estuary from the East Coast in 1878. Stripers, rather than being a “cause” of the Delta smelt and Central Valley salmon population crash, are victims of the same massive water exports and agribusiness pollution that have resulted in the collapse of salmon, Delta smelt, longfin smelt, threadfin shad, green sturgeon and other Delta fish populations. An alarming report released by UC Davis Professor David Ostrach in 2008 documented the maternal transfer of pollutants to striped bass fry in Central Valley rivers and the California Delta, resulting in stunted and deformed fry (http://www.indybay.org/newsitems/2008/12/08/18554034.php). 

CSPA is calling on anglers and the public to help us make another legislative stand by raising your voice in opposition to the Fuller bill. The Committee must have the letters by no later than April 7, 2010 – the Committee’s FAX number is 916-319-2196. 

McKenzie noted that there will most likely be (as before with AB1253 last year) little time for anyone to speak other than to line up at the microphone and state that one does not support the bill. “If we get a good turn out with lots of live bodies, we could have a fair chance of stopping this bill at the hearing,” he stated. “We also need as many people as possible to write or Fax the Committee, letters against the bill.” For more information, go tohttp://www.calsport.org

In addition to the sending a letter or FAX to the committee that will hear the bill, please remember the CSPA needs your financial support to continue their efforts to protect and restore California’s imperiled fishery resources. CSPA is a fantastic organization that constantly stands up in the Legislature, court and water board hearings for our embattled fish populations and fishing communities. Send what you can afford to support these efforts by using Pay Pal,http://www.calsport.org/paypal.htm, or mail your contributions to: CSPA, 6597 Cane Lane, Valley Springs, CA 95252. 

A sample letter is below – using your own words to paraphrase the letter would be most effective: 

Assemblymember Jared Huffman, Chair 
Assembly Committee on Water, Parks & Wildlife 
1020 N Street, Suite 160 
Sacramento, CA 94249 

Re: My Opposition to AB 2336 (Fuller) – Striped Bass Eradication 

Chairman Huffman and Members of the Committee: 

I am writing to express my complete opposition to AB 2336. I’m outraged over supporters of the bill who think they have a right to destroy the striped bass fishery owned by the public. This fishery has co-existed with all the fisheries in the Bay-Delta estuary for 130 years and it has collapsed right along with our salmon, steelhead, sturgeon and the other fish dependent on the estuary. Even in its degraded state it still manages to generate some $250 million annually to our state’s trouble economy. 

The issues of striped bass predation should be left to the state and federal fishery agencies that are charged with managing the public’s fishery resources. These are the professionals and scientists who have the expertise know how best to manage our fishery resources. 

It is time the Legislature sent a message that divisive bills such as this one will not be tolerated. Instead, the Legislature needs to focus on correcting the ecological crisis in the estuary that is destroying our fisheries, including the immense impacts of excessive water over-allocation and export out of the Delta.

I will greatly appreciate your efforts to help protect our priceless fishery heritage! 

Sincerely, 

Name 
Address 

danbacher danbacher

 ”When the going gets weird, the weird turn pro,” according to the late Hunter S. Thompson. That sums up Governor Arnold Schwarzenegger’s corrupt Marine Life Protection Act (MLPA) process. 

Photo: Governor Schwarzenegger, a master corporate greenwasher, on February 24 delivered remarks at an event hosted by Bloom Energy on February in San Jose where he gushed about California’s “leadership” in the clean-tech industry and the “importance of creating green jobs to rebuild our economy.” 

While he constantly appears in shameless photo ops to boast about his “green” credentials, he has presided over the collapse of Central Valley salmon, Delta smelt, longfin smelt, green sturgeon and striped bass populations. He relentlessly campaigns for the peripheral canal and more dams as he ramrods his fast-track MLPA greenwashing process over California’s coastal communities. His “green jobs,” peripheral canal and MLPA fiascos are all part of his plan to privatize California’s public trust resources to benefit greedy corporate officials.

When the going gets weird, the weird turn pro – Hunter S. Thompson 

 

Schwarzenegger’s MLPA Initiative Officials Can’t Ever Get It Right 

By Dan Bacher 

Governor Arnold Schwarzenegger’s Marine Life Protection Act (MLPA) process is an absurd parody of marine “protection” that provides journalists like myself with bizarre stories that almost write themselves. 

Over the past year, a contract boat mapping zones for the MLPA killed a blue whale off Fort Bragg, the Governor appointed an oil industry superstar to chair the Blue Ribbon Task Force for the South Coast, and numerous examples of corruption and conflicts of interests have been emerged in the process. 

Now the Department of Fish and Game and the MLPA Initiative staff in Sacramento cannot even get it right on the date that the controversial recreational fishing regulations for the North Central Coast go into effect! 

According to one statement on the DFG website, “These adopted MPAs are scheduled to take effect on April 1, 2010” (http://www.dfg.ca.gov/mlpa/northcentralhome.asp). 

However, the DFG’s release of March 9 announcing that a North Central Coast MPA Brochure is now available for recreational fishermen tells a different story. “This spring, new marine protected areas (MPAs) will go into effect along California’s coastline from Alder Creek near Point Arena in Mendocino County, to Pigeon Point in San Mateo County,” the release proclaims. 

“This spring” encompasses all of the time from March 21 to June 20. Which day do the regulations go into effect – April 1 or some vague date “this spring?” 

The brochure itself is even less helpful – it gives no start date for the closures! Why even publish a brochure if you are not going to provide anglers with a starting date for the closures? 

Of course, nowhere in this brochure can one find who funds the MLPA process. The Resource Legacy Fund Foundation, an unaccountable and shadowy private corporation, funds the corrupt process to further the cynical campaign of Schwarzenegger’s to privatize ocean public trust resources. 

Also, the brochure does not discuss commercial fishing, commercial seaweed harvesting and tribal seaweed gathering and fishing in traditional areas that will be banned by the new regulations. Will that be forthcoming in another brochure? 

I emailed my questions about the specific closure date to DFG and MLPA Initiative staff, but I haven’t heard back from them yet. 

The new brochure titled “Marine Protected Area Information for Recreational Fishermen” is now available online athttp://www.dfg.ca.gov/mlpa/pdfs/nccmpas_brochure_highres.pdf . You may also view a web-friendly version (smaller file size) online athttp://www.dfg.ca.gov/mlpa/pdfs/nccmpas_brochure_lowres.pdf . 

In other MLPA news, the charges of corruption and conflicts of interest that many fishermen and environmentalists have leveled against the initiative were confirmed recently by Bob Fletcher, former president of the Sportfishing Association of California. 

Fletcher claimed there was evidence that two members of the MLPA Blue Ribbon Task Force, Bill Anderson and Greg Schem, agreed “to sign off on everything else” in return for not putting a reserve in an area where both had marinas and business interests, according to Jim Matthews in his article in the San Bernardino Sun: http://www.sbsun.com/sports/ci_14523601 

On August 5, 2009, the California Fish and Game Commission voted to adopt its preferred alternative proposal, also known as the “Integrated Preferred Alternative (IPA),” for the MLPA north central coast study region, in spite of broad opposition to the measure from environmentalists, fishermen, divers, seaweed harvesters and Indian Tribes. 

The IPA establishes 21 marine protected areas (MPAs), three State Marine Recreational Management Areas, and six special closures, in total covering approximately 153 square miles (20.1%) of state waters in the north central coast study region. 

Ironically, the California Fish and Game Wardens Association, the union of those charged with enforcing California’s fish and game laws, strongly opposed the adoption of new MPAs by the Fish and Game Commission, since they don’t have enough staff to enforce existing marine reserves on the Central Coast. 

“It is impossible for the warden force to effectively enforce existing regulations, much less new regulations that the Fish and Game Commission approves over our objections,” said Karnow in an outstanding opinion piece in the Sacramento Bee on January 31. (http://www.sacbee.com/opinion/story/2500939.html). “Many of the regulations approved by the commission will not protect the natural resources of California. They will serve only one purpose; they will stretch the warden force ever thinner, which will eventually result in another warden’s on-duty injury or death.” 

Lester Pinola, the past chairman of the Kashia Pomo Tribe in Sonoma County, also asked the Fish and Game Commission to adopt a MPA alternative that wouldn’t remove the tribe from their traditional seaweed, mussel and abalone harvesting areas off Stewarts Point, but the Commission showed no respect for tribal sovereignty and fishing and gathering rights. To hear Pinola’s great testimony before the Commission on August 5, go to: http://www.astral-arts.com/audiomovie/openthecoast.mp3

The Governor and Legislature should listen to game wardens, fishermen, Indian Tribes and seaweed harvesters and those who criticize the creation of new no-take reserves at a time of economic and environmental crisis when the state doesn’t have the money or staff to enforce its existing reserves. 

Now to add more confusion in an already confusing process, the DFG and MLPA Initiative staff can’t even get right the specific date that the North Central Region recreational fishing closures go into effect. 

 
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