• Kerry Takes New Hampshire
  Tribes Awarded $14 Million for Fish and Wildlife Conservation
  
• Bush Proposes New Funds to Clean Chesapeake Bay
  
• Little Life Left in America's Oceans
  
• Fewer Shark Attacks in 2003 May Mean Fewer Sharks
  
• Pesticides Threaten Barton Springs Salamander, Austin Water
  
• Pennsylvania Goes to Bat for Public Access to River
  
• Find Snowy Roads, Icy Streets, on New York's New Website
  

Kerry Takes New Hampshire

"I have a message for the influence peddlers, for the polluters, the HMOs, the drug companies, big oil and all the special interests who now call the White House home," Kerry said, "We're coming. You're going. And don't let the door hit you on the way out."

Former Vermont Governor Dr. Howard Dean, the national favorite just days ago, finished second, and Wesley Clark, once seen as Dean's most likely challenger, came in a distant third.

"Stand with us," Kerry invited the electorate, "and we will give America the security of energy independence, because our sons and daughters should never have to fight and die for Mideast oil."

On his website Kerry says he "has the courage to take on the polluters that are trying to gut our clean air and water laws."

He proposes to create "a new Manhattan Project to make America independent of Middle East oil in 10 years" that relies on alternative fuels like ethanol and making cars more efficient.

The League of Conservation Voters gave its endorsement Saturday to Kerry. The endorsement is the earliest in the organization's 34 year history and is the first time the LCV has endorsed a candidate before a party's nominee has been determined.

"We owe it to our families, our communities, and to our planet to elect a president who will unapologetically pursue our environmental values," his website states.

Dean also used the "Stand with us," theme in his speech celebrating his second place finish in New Hampshire. "We are going to win this nomination," Dean asserted. "To all those who believe we need a president who will stand up for what's right, even when it's not politically popular, stand with us," he said.

On his website, Dean sets forth his environmental policy, saying, "Environmental issues are connected to every other issue."

"A Dean administration will understand that you can't have healthy people without healthy air, and that you can't plan for a prosperous future if you ignore climate change, species extinction, water shortages, and a host of other issues," he pledges.

"Our dependence on oil funds hate groups in the Middle East," Dean states, "our unwillingness to regulate all pollutants causes illness in our children and grandparents. The strength of our economy, the security of our homeland, and the health of our citizens are all threatened by environmental degradation."

The Democratic presidential hopefuls now fan out across the country for a batch of primaries and caucuses coming up on February 3 in Delaware, South Carolina, Missouri, Arizona, New Mexico, Virginia, Oklahoma, and North Dakota.

Tribes Awarded $14 Million for Fish and Wildlife Conservation

The Lac du Flambeau Band of Lake Superior Chippewa Indians will use its $120,330 grant to establish, restore, and maintain a harvestable lake sturgeon population in the Lac du Flambeau Chain of Lakes and the Bear River in Wisconsin. Culturally significant to the tribe and economically important to the state, lake sturgeon are slow growing, and females do not reach sexual maturity until age 22, so this project will take 25 years to succeed.

Interior Secretary Gale Norton announced Tuesday that the U.S. Fish and Wildlife Service is awarding the 79 grants under two new programs, the Tribal Landowner Incentive Program and Tribal Wildlife Grant Program.

These programs are similar to cost-share programs recently developed by the department to assist states, local communities, private landowners and other partners undertake wildlife conservation projects.

"Indian country harbors vast pristine habitats, marked by a representation of an entire continental array of fish and wildlife species," said Ira New Breast, executive director of the Native American Fish and Wildlife Society. "The two Service grant programs will work to further raise the capacity of Indian people to meet the dynamic challenges facing sustainable Tribal management of this country's fish and wildlife resources."

"Native Americans have a unique relationship to and understanding of the land and its wildlife," Norton said. The grants will "build on our partnership with the tribes to conserve tribal land and recover the wildlife, especially those species that are in decline," she said.

Of the $14 million, the Service is providing about $4 million to federally recognized Indian tribes to help fund 23 projects under the Tribal Landowner Incentive Program. Contributions from tribes and other partners raise the total value of these projects to $6.8 million.

The grants were chosen through a competitive process to address protection, restoration and management of habitat to benefit at-risk species, including federally listed endangered or threatened species and proposed or candidate species.

The maximum award under this program is $200,000 with a required minimum 25 percent match from non-federal funds.

About $10 million will help fund 56 projects under the Tribal Wildlife Grant Program. Contributions from tribes and other partners increase the total value of these projects to $12.4 million. These grants are awarded to federally recognized Indian tribes to benefit fish, wildlife and their habitat including non-game species.

Although matching funds are not required for these grants, they are considered to be an indicator of a tribe's commitment. The maximum grant award under this program is $250,000.

"Indian peoples were North America's first stewards," said Fish and Wildlife Service Director Steve Williams. "For generations, they have lived close to nature, depending on wildlife for economic, cultural, and spiritual fulfillment. The Service, through these two special grant programs, will strengthen its conservation partnerships with tribes across the United States on behalf of traditionally important wildlife species and their habitat."

Indians and Indian tribes have a controlling interest in more than 52 million acres of tribal trust lands and an additional 40 million acres held by Alaska native corporations.

The Tribal Landowner Incentive Program List is online at: http://www.doi.gov/news/triballands.htm

Tribal Wildlife Grants List is online at: http://www.doi.gov/news/wildlifegrants.htm

Bush Proposes New Funds to Clean Chesapeake Bay

Little Life Left in America's Oceans

A fundamental overhaul of the way the U.S. regulates its ocean resources is urgently required, the Network says in "Body of Evidence: The Fragile State of America’s Oceans – A Review of Recent Science and a Framework for Recovery."

The Network is a coalition of over 160 commercial and recreational fishing groups, aquariums, marine science groups, and environmental organizations.

The organization's review documents scientific studies on the effects of overfishing, indiscriminate fishing practices that kill non-target ocean wildlife, and the use of destructive fishing gear.

One study published in the journal "Nature" finds large predatory fish biomass to be at 10 percent of pre-industrial levels.

Another study from the "Scientific American" states, “If we don’t manage this resource, we will be left with a diet of jellyfish and plankton stew.”

“The facts are in and the science speaks for itself. We are quite simply killing fish and other ocean life faster than they can reproduce,” said Lee Crockett, executive director of the Marine Fish Conservation Network.

The amount of non-target ocean wildlife caught in a shrimp trawl fishery can outweigh the shrimp by four to 10 times, equaling an estimated total of 9.5 million tons of bycatch each year, one study says. This wildlife is discarded, dead or dying, back into the sea.

Overfishing and habitat destruction have reduced grouper populations so much that four grouper species are candidates for listing under the U.S. Endangered Species Act, and 37 of the 85 species are considered threatened, according to a study in "Body of Evidence."

“The word crisis is perhaps used too loosely at times," Crockett said, "but there’s simply no other way to describe what’s happening.”

“The data has quite frankly proven alarming,” said Dr. Reg Watson, one of the scientists who reviewed "Body of Evidence."

“The value of this particular report is that it compiles an enormous volume of work into one easily referenced source. The report is a must read for decision makers and the concerned public alike."

Gerald Leape, vice president of the Marine Conservation for National Environmental Trust and co-chair of the Network, stressed that "Body of Evidence" offers more than a chronicle of decline. It suggests ways to conserve marine resources before that becomes impossible.

“The simple truth is that the solutions aren’t particularly complicated," said Leape. "For a sustainable fishing future, we need to start conserving marine ecosystems and stop catching fish as if we were the only ones who depended on those fish to survive.”

"Body of Evidence" was published just ahead of the long awaited report by the official U.S. Commission on Ocean Policy. Mandated by the Oceans Act of 2000, authorized by Congress and appointed by the President, the official commission is required to establish findings and make recommendations to the President and Congress for a coordinated and comprehensive national ocean policy. Its report is expected this year.

To read "Body of Evidence," visit: http://www.conservefish.org/site/mediacenter/network_reports/bodyofevidence.pdf.

Fewer Shark Attacks in 2003 May Mean Fewer Sharks

The number of shark attacks worldwide took a dip for the third straight year, a new University of Florida (UF) study reports. Last year's total of 55 unprovoked attacks worldwide dropped nearly 13 percent from the 63 reported in 2002, and was down from the 68 in 2001 and the all-time record of 79 in 2000.

"I think people are beginning to get a little more intelligent about when and where they enter the water," said George Burgess, director of the International Shark Attack File, the world's largest database of shark attacks, housed at UF's Florida Museum of Natural History.

But the three year decline in attacks may indicate a longer term trend, such as the possibility there are fewer sharks and people together in the water where they could meet, Burgess said.

"The first explanation that comes to mind is that there are simply fewer sharks out there in the water," he said. "We know that shark populations have declined internationally because of overfishing."

One of the 55 attacks last year was fatal for Deborah Franzman, a 50 year old woman who was mauled to death by a great white shark on August 19 while swimming alongside a group of seals off the California coast, Burgess said.

Last year there were four deaths from shark attacks compared with three in 2002, four in 2001 and 11 in 2000. Besides Franzman's death in the United States, sharks claimed lives in Australia, South Africa and Fiji.

But, said Burgess, the overall fatality rate continues to be lower than in the past, making up only seven percent of the 2003 attacks, in contrast to an annual average of 13 percent during the 1990s.

Such variations could be caused by a variety of changes in meteorological and oceanographic conditions, such as an upswing in numbers of bait fish swimming close to shore, or by changes in people's use patterns, Burgess said.

The overall downturn in the economy over the past several years may be another factor, resulting in fewer people being able to afford to travel to the ocean than in 2000, when there were so many more attacks, Burgess said.

"The number of shark attacks in any given year is directly related to the amount of time humans spend in the sea as well as the number of sharks living there," he said.

Burgess added the caution people may be exercising at the beach could be related to the growing restraint in the public's outcry for widespread fishing to kill sharks after attacks have occurred. "There has been a gradual learning curve among ocean users," he said. "We now understand that shark-human interactions, while very rare and occasionally serious, are part of the price we pay for venturing into a foreign environment."

"There seems to be more of an understanding that when we enter the sea, it's a wilderness experience, and we're intruders in that environment," he said.

As in recent years, most of the 2003 attacks, 41, were in North American waters. Elsewhere, there were six attacks in Australia, two each in Brazil and South Africa; and one each in Fiji, India, Madagascar and Venezuela.

Florida continued to be the world's shark attack capital with 31 attacks. The highest number of attacks in Florida, 14, occurred on the central East Coast in Volusia County, where an inlet near New Smyrna Beach is a popular surfing site, Burgess said.

Outside Florida, four attacks were recorded in Hawaii, three in South Carolina, and one each in California, the U.S. Virgin Islands and Johnson Atoll, a small island 800 miles south of Hawaii.

Surfers were the most frequent victims, involved in 29 incidents, followed by 20 attacks on swimmers and waders, and three attacks on divers and snorkelers.

Pesticides Threaten Barton Springs Salamander, Austin Water

The Center for Biological Diversity and Save Our Springs Alliance filed an Endangered Species Act (ESA) lawsuit Monday in U.S. District Court in Washington, DC to compel the Environmental Protection Agency (EPA) to consult with the Fish and Wildlife Service (FWS) on the impacts of pesticide use on the endangered Barton Springs salamander.

Barton Springs, located within sight of downtown Austin, is the largest spring fed, natural bottom swimming hole in the country, and is used by over 340,000 people a year.

Barton Springs also provides part of Austin's municipal water supply. Water from Barton Springs discharges into the Colorado River about on-third of a mile upstream of one of Austin's three water supply plants, at times contributing more than 90 percent of flow in this section of the Colorado River.

Research by the U.S. Geological Survey (USGS) in 2000 detected five pesticides, including atrazine and deethylatrazine, at Barton Springs. The USGS concluded, "The presence of pesticides in the springs soon after rainfall does indicate the vulnerability of the springs to contaminant infiltration from the surface."

Barton Springs salamanders have been developing strange deformities and dying, which may be linked to pesticide pollution in their habitat, the plaintiff groups allege. The EPA also acknowledges these pesticides may harm human health.

"As goes the salamander, so goes human health. Barton Springs must be protected from toxins now," said Daniel Patterson, an ecologist with the plaintiff Center for Biological Diversity.

The EPA is responsible for authorizing pesticide use throughout the United States. Through consultation with the Fish and Wildlife Service, the EPA is tasked with ensuring that pesticide use does not jeopardize the existence of species listed under the Endangered Species Act.

"But Bush's EPA is looking out for toxic polluters rather than the health of Texans and their natural heritage," Patterson alleges.

"The Barton Springs salamander is our 'canary in the coal mine' and the science shows the salamander's health and habitat are in decline. Once again, an agency charged with enforcing the law refuses to do so, forcing us to sue," says Brad Rockwell, deputy director and attorney for Save Our Springs Alliance.

The Barton Springs salamander, Eurycea sosorum, a federally endangered species, is only found in Barton Springs. Pesticides in the salamander's habitat were listed as a threat by the Fish and Wildlife Service because of the recognized sensitivity amphibians show to contaminants.

In 2002, the Service suggested that EPA enter into consultation as required under the Endangered Species Act regarding the impact of atrazine on the Barton Springs salamander.

The Service also cited concern about other pesticides - diazinon, prometon, metolachlor, carbaryl, and simazine - due to USGS findings of all these pesticides in the Barton Springs watershed.

But the EPA has declined to consult, prompting the environmental groups to file this lawsuit asking the court to order the consultation.

Pennsylvania Goes to Bat for Public Access to River

The case for public access brought by the Department of Environmental Protection (DEP), the Department of Conservation and Natural Resources (DCNR), and the Pennsylvania Fish and Boat Commission relies on evidence from as long ago as the late 1700s.

The case was allowed to proceed by the Huntingdon County Common Pleas Court, which issued an order January 13 denying preliminary objections by the fly fishing company defendants who attempted to have the agencies' case dismissed.

“The court’s decision allows the Commonwealth to move ahead and demonstrate that there is no legal basis for any individual to be excluded from the lawful use of this stretch of the Little Juniata River,” DEP Secretary Kathleen McGinty said.

Pennsylvania’s complaint, filed in June 2003, alleges that Donald Beaver has been operating various exclusive fly fishing services on the Little Juniata River at and below its confluence with Spruce Creek in Huntingdon County and is keeping the public off the river.

The suit alleges that Beaver and his employees have excluded the public from the river, posting “no trespassing” signs and erecting cables across the waterway at the upper and lower ends of the 1.3 mile stretch.

According to the complaint, Beaver has a contractual arrangement with Connie Espy to use property she owns adjacent to the river on the eastern side. Espy also is named as a defendant.

The state agencies’ complaint asks the court to enjoin Beaver, his employees and other defendants from interfering with the public’s right to use the controversial section of the Little Juniata River.

“Making sure residents have access to public resources is a constitutional responsibility inherent in our efforts to protect our rivers, streams, forests and state parks,” DCNR Secretary Michael DiBerardinis said.

The agencies are seeking confirmation by the court for their position that the Little Juniata is a navigable water held in trust by the state for the benefit of the public.

State ownership is based upon the historical navigability of the Little Juniata River. The agencies believe there is ample evidence of the use of the Little Juniata to transport goods downriver in the late 1700s and early 1800s. There are also three statutory public highway declarations for the Little Juniata dating back to 1794, 1808 and 1822.

The defendants, who seek to restrict public access to the river, have 20 days to answer the agencies’ complaint before the discovery phase begins and a trial ensues.

“Pennsylvania’s anglers and boaters should watch with interest as this case could reaffirm their rights to enjoy the state’s truest natural treasures,” said PFBC Deputy Executive Director and Chief Counsel Dennis Guise.

The court’s decision to deny the preliminary objections is not a final decision on the merits of the case. The legal status of the Little Juniata River remains subject to dispute, and anglers, boaters and other users should be aware that the court has not yet ruled on the issue.

Find Snowy Roads, Icy Streets, on New York's New Website

Today, for the first time, winter driving conditions are more predictable for New York motorists who have access to the Internet.

In the midst of the snow storms, Governor George Pataki Tuesday unveiled a new, Internet based Winter Traveler Advisory System designed to provide practical information on state highway conditions during major winter weather events.

Road information is provided by state snow plow drivers, New York State Police, toll collectors and other staff who periodically report on weather and road conditions, including whether roads are dry, wet, snow covered, heavily snow covered, closed or closed intermittently.

The system will enable motorists to obtain information for many of New York State’s most traveled roads, including the Thruway.

“This new online service will provide commuters, travelers and businesses with first-hand information about road and weather conditions across the state so they can better plan their trips,” Pataki said. “This Winter Traveler Advisory System provides highway condition information people need when they need it, helping motorists travel New York State highways during weather events safely, conveniently and efficiently.”

The new system is on the State Department of Transportation’s (NYSDOT) website, accessible by logging onto any computer with Internet capability at: http://www.dot.state.ny.us and clicking on the Winter Traveler Advisory System link.

The NYSDOT website features a color coded map of New York State that travelers can use to follow highway conditions, make informed decisions on whether to travel, and select the best routes.

By clicking on the “Get Road Report” feature and selecting a road, viewers can get information on road conditions – such as icy spots, flooding, and snow – as well as weather conditions affecting the road – such as blowing and drifting snow, fog or freezing rain.

Thruway only information also can be accessed from a link on the NYSDOT Winter Traveler Advisory website, or by visiting the Thruway website at: http://www.thruway.state.ny.us/wtas and clicking on the Thruway Winter Traveler Advisory link.

The Thruway Authority web page offers users a map of the Thruway system, divided into segments between key Thruway interchanges, enabling users to pinpoint the portions of the system they are interested in. By clicking on a highway segment, the map will provide a written description of real-time pavement and weather conditions on that segment of the Thruway system.

“New York’s winters can be harsh and unexpected storms can create serious problems for motorists,” Mark Kulewicz, chairman of the New York State American Automobile Association Safety Committee said. “The Winter Traveler Advisory System will provide them with the information they need to adjust their plans when travel conditions take a turn for the worse.”