Dan Bacher Posts

Fishing groups petition board to address green sturgeon and salmon threats

Petaluma, CA - The Golden Gate Salmon Association (GGSA) and California Sportfishing Protection Alliance (CSPA) have petitioned the state Water Quality Control Board to re-write terms of a clean water certification for a massive state-run dam complex on the Feather River near Oroville, California.

The groups were moved to action following a GGSA Freedom of Information Act (FOIA) request that demonstrated green sturgeon spawn much further upstream on the Feather River than previously acknowledged.

Through the request, fishing advocates learned that during high flow in the Feather River in late 2010 and early 2011, the state Department of Water Resources (DWR) documented the presence of green sturgeon at the river's uppermost barrier to anadromous fish.

The first-ever scientific evidence of green sturgeon spawning in the Feather River was also collected at this time. DWR efforts to reduce flows likely drove sturgeon out of the uppermost accessible river reaches and may have interfered with spawning there, in possible violation of the federal Endangered Species Act.

The appeal to the state board comes as the National Marine Fisheries Service is writing a biological opinion on how dam operations will affect the Feather River's federally protected salmon and sturgeon runs. The dam complex is currently undergoing a relicensing process to set new state and federal rules governing operation of the facilities for the next 30 to 50 years.

The state Water Resources Control Board is charged with protecting the public trust resources all Californians share, including its wildlife.

The state board approved the certification under the faulty assumption the waters below the dam were not used by green sturgeon. Accordingly, the Board's certification does not provide sufficient springtime flows for green sturgeon to access much of the newly discovered river habitat, except in the wettest of years. Improved green sturgeon flows under a revised certification would also greatly improve survival of baby Feather River salmon during their annual springtime migration to the sea.

"Our records request turned up evidence that green sturgeon were not adequately considered in the certification." said Victor Gonella, GGSA's President. "We're asking the Board to amend the certification to provide more water to attract and successfully spawn green sturgeon. We're confident this action will have positive impacts on salmon runs as well, and help maintain the jobs, food production, world-class recreation, and economic activity healthy salmon runs can provide."

"Greater springtime flows released from Lake Oroville will help green sturgeon and salmon. Salmon will have more of a burst of water to carry them safely downstream and out to sea if the state board issues a protective order," said Bill Jennings, CSPA Executive Director.

The dam complex, operated by DWR and commonly known as the Oroville Facilities, make up part of the State Water Project. The dams take a heavy toll on fish, cutting off access to 66.9 miles of habitat for salmon upstream. They also negatively impact downstream salmon habitat, water temperature, water quality, and natural flows needed by fish.

The river below the facility is vitally important for commercially-valuable fall-run Chinook salmon and also designated as critical habitat for Central Valley spring-run Chinook and steelhead under the Endangered Species Act. The National Marine Fisheries Service lists the Feather River as critical for green sturgeon survival.

"This relicensing process represents a once-in-a-lifetime opportunity to improve conditions for salmon and other fish in the Feather River," said Gonella of GGSA. "Our salmon-dependent communities and business have suffered heavily in recent years, largely as a result of poor water management in the Central Valley. We're working to ensure that any new rules protect salmon, so we won't ever again have the kind of disastrous, jobs-destroying collapse of the salmon runs that we saw in 2008, 2009, and 2010."

The certification in question, granted in December 2010 by the state Board as part of the relicensing process, contains conditions relating to water quality and fish. Although the certification has already been issued, the Board can modify it based on new information. GGSA and CSPA believe the new information they have presented will spur the Board to revise and improve its requirements relating to fish.

Contact:

Victor Gonella, GGSA, 855-251-GGSA

Bill Jennings, CSPA, 209-464-5067

Jim McCarthy, McCarthy Consulting (GGSA contractor on Petition), 541-941-9450

To view the groups' petition and its attachments, please visit the

following link:

http://goldengatesalmonassocia...

In a major win for Delta advocates, the Assembly Water, Parks and Wildlife Committee on April 24 voted 10 to 2 to approve legislation requiring an independent cost-benefit analysis before committing the public to pay tens of billions of dollars to build a peripheral canal or tunnel to divert more Delta water.

A coalition of consumer, environmental and fishing groups and Delta cities and counties backed the legislation, AB 2421 (B. Berryhill), while agribusiness groups, the California Chamber of Commerce and southern California water agencies opposed the bill.

Assembly Members Jared Huffman (D), Bill Berryhill (R), Bob Blumenfield (D), Nora Campos (D), Paul Fong (D), Beth Gaines (R), Das Williams (D), Roger Hernández (D), Ben Hueso (D) and Mariko Yamada (D) voted yes, while Ricardo Lara (D) and Linda Halderman (R) voted no. Brian W. Jones (R) didn't vote.

The bill "requires that an independent third party costs and benefits of the Bay Delta Conservation Plan (BDCP) be submitted to the Legislature prior to the BDCP's inclusion in the Delta Plan, or by June 30, 2013, whichever comes first."

AB 2421 also requires that the third party conducting the analysis shall be chosen by one representative each from the Legislative Analyst's Office, the Delta Protection Commission, and the State Water Contractors, Bill Berryhill (R-Ceres), told the Committee. "A fair and balanced analysis is all we want," said Berryhill.

Before the vote, Committee Chair Jared Huffman said he believes "the public is entitled to know if it is investing in something that is on a path toward success."

The maximum analysis cost will be limited to $1 million by the bill.

Southern California ratepayers have expressed strong support for the legislation, since they fear the construction of the canal could increase their water rates.

"Urban water users would pay billions of dollars for a massive peripheral canal or tunnel," Conner Everts, Executive Director of the Southern California Watershed Alliance, told the committee. "Those who'll pay deserve to know how much they'd pay and how much benefit would go to those ratepayers."

"There are numerous references to studies, but not one would require a comprehensive cost-benefit analysis," Everts emphasized.

Restore the Delta, Food & Water Watch, Sierra Club California, the Planning & Conservation League, Clean Water Action, the Pacific Coast Federation of Fishermen's Associations, the Delta Coalition, Ducks Unlimited and other groups joined in the call for an independent cost-benefit analysis.

"It's essential to have an independent analysis of who pays and who benefits before embarking on the largest public works project in the history of California," Kristin Lynch, Pacific Region Director of Food & Water Watch, told the committee. "The BDCP could create a large potential financial exposure for the people of California. The people deserve to know the true cost they are taking on."

Opponents of the legislation, including the Metropolitan Water District, testified that they view AB 2421 as "threat to achieving the co-equal goals of ecosystem restoration and reliable water supplies." They stated that this bill would "repeal the process delineated in the 2009 Delta/water mangement legislation that created a path towards new Delta conveyance and ecosystem improvements."

"I believe that the legislation is simply not necessary," said Roger Patterson, the General Manager of the Metropolitan Water District, claiming that a financial analysis of the BDCP will be conducted by UC Berkeley. "This extensive financial analysis will delineate all aspects of the plan, not just conveyance. It will have detailed cost and benefits of the plan available when it comes out."

However, Berryhill and bill proponents pointed out that the Natural Resources Agency has said that no comprehensive cost-benefit analysis will be done, in spite of this issue being continually raised by the stakeholders.

Barbara Barrigan-Parrilla, Executive Director of Restore the Delta, responded, "It is just absolutely amazing that Metropolitan Water District opposed the independent cost-benefit analysis because they felt it would undermine the BDCP. How did they expect to build this project without transparency and full support from their ratepayers?"

"This is such a turning point for the facts that should really have been done a long time ago!" said Caleen Sisk, Chief and Spiritual Leader of the Winnemem Wintu Tribe, after the bill was approved. "It is amazing what people are not allowed to know before huge debt is put on the public. I wonder what the cost analysis for raising Shasta Dam 18.5 feet will be? Billions of dollars for a hand full of corporations' benefit, while all Californians will be paying for it and will not get anymore water!"

The committee also approved AB 2422 (B. Berryhill), legislation that requires the Department of Water Resources to conduct a feasibility study of a new in-Delta water storage concept at Sherman Island.

The Committee failed to pass another Delta-related bill, AB 2000 (Huber), that adds requirements to the BDCP process, changing Delta Stewardship Council membership and specifies that remaining bond money for flood control projects shall only be used by DWR for levee improvements. The legislation would require DWR to withdraw from its existing Memorandum of Agreement (MOA) with the export agencies funding BDCP planning and the U.S. Department of Interior's Bureau of Reclamation.

Delta advocates fear that the construction of the peripheral canal or tunnel will hasten the extinction of Central Valley steelhead, Sacramento River winter and spring run chinook salmon, Delta smelt, longfin smelt, green sturgeon, Sacramento splittail and other imperiled fish species. The Sacramento-San Joaquin River Delta is the largest and most significant estuary on the West Coast of the Americas.

For information about Restore the Delta, go to http://www.restorethedelta.org.  

Governor Jerry Brown issued a proclamation Saturday celebrating John Muir Day - at the same time he is fast-tracking the construction of a peripheral canal or tunnel that is expected to hasten the extinction of Central Valley chinook salmon, Delta smelt, longfin smelt and other fish species.

"John Muir (1838-1914) was a giant of a man," Brown proclaimed. "His vision of the pristine landscape as a source of spiritual renewal has become central to our understanding of the relationship between humanity and nature."

"In addition to his scientific discoveries, engineering innovations and writings that still inspire us today, Muir's advocacy was instrumental in the creation of the National Park System, one of the world's great ecological treasures," Brown continued.

"Today, as a way to honor Muir's teachings and help keep his legacy alive, I suggest a visit to one of California's public open spaces-national park, state park or any other unspoiled wilderness-which he strived so zealously to preserve," said Brown.

While Brown celebrated Brown's legacy, his record to date in his third term as governor is hardly one that Muir would approve. Brown has signed a couple of good bills for ocean fisheries, including a bill limiting the number of crab pots used by commercial fishermen and legislation banning the sale of shark fins in California, and signed the Human Right to Water bill package that Arnold Schwarzenegger repeatedly vetoed.

However, on the biggest and most controversial issues regarding our oceans, estuaries and freshwater resources, Brown has been firmly on the side of corporate interests that seek to privatize and exploit public trust resources.

First, the Governor presided over record water exports out of the Delta, the largest estuary on the West Coast of the Americas, and a record fish kill at the state and federal pumps in 2011. A record number of 8,989,639 native Sacramento splittail were "salvaged" in the Delta pumps in order to ship record amounts of water to southern California and corporate agribusiness. The annual splittail "salvage" number is 1,201,585 fish, according to the Bay Institute's report, Collateral Damage, http://bay.org/publications/co...

By comparison, the average salvage total for all species combined is 9,237,444 fish, including splittail, striped bass, threadfin shad, largemouth bass, American shad and largemouth bass, as well as imperiled Sacramento River chinook salmon, Central Valley steelhead, Delta smelt, green sturgeon, and longfin smelt.

The report emphasized that "Salvage numbers drastically underestimate the actual impact. Although the exact numbers are uncertain, it is clear that tens of millions of fish are killed each year, and only a small fraction of this is reflected in the salvage numbers that are reported." One study of "pre-screen loss" estimated that as many as 19 of every 20 fish perished before being counted (Castillo, 2010).

The annual export total was 6,678,000 acre-feet of water in 2011, 208,000 acre-feet more than the previous record of 6,470,000 acre-feet set in 2005. The total includes 4.003 million acre-feet through the Banks Pumping Plant of the State Water Project (SWP), 2.570 million acre-feet through the Jones Pumping Plant of the Central Valley Project (CVP), 69 thousand acre-feet through the Contra Costa Canal (CVP) and 37 thousand acre-feet through the North Bay Aqueduct (SWP).

Killing record numbers of fish and exporting record amounts of water from the Delta is something John Muir would vociferously condemn.

Second, the Governor has fast-tracked the Bay Delta Conservation Plan (BDCP) to build the peripheral canal to export more water to southern California and corporate agribusiness. If built, this canal will likely result in the extinction of Central Valley steelhead, Sacramento River chinook salmon, Delta smelt, longfin smelt, green sturgeon and other imperiled fish species.

The construction of the canal will only spread the carnage of fish that takes place daily at the Delta pumps from the South Delta to the Sacramento River, the main migratory path for chinook salmon, steelhead, striped bass, American shad and other fish.

How can we expect the state water contractors, who have failed to fund the installation of state-of-the art fish screens on the current Delta pumps as required under the CalFed decision, to fund state-of-the-art fish screens for the new intakes for the canal/tunnel to reduce fish mortality?

Would Muir support a peripheral canal, a budget-busting and Delta-draining project that would cause enormous environmental devastation? I don't think so!

Third, Brown has forged ahead with the privately funded Marine Life Protection Act (MLPA) Initiative to create so-called "marine protected areas" in California. These "marine protected areas" fail to protect the ocean from oil drilling and spills, military testing, pollution, corporate aquaculture, wind and wave energy projects and all human impacts on the ocean other than fishing and gathering.

The so-called "marine protected areas" that went into effect on the Southern California coast on January 1 were created under the helm of a big oil lobbyist. Catherine Reheis-Boyd, the President of the Western States Petroleum Association and a relentless advocate for new offshore drilling, the Keystone XL Pipeline and the weakening of California's environmental laws, served as the Chair of the MLPA Blue Ribbon Task Force for the South Coast that oversaw the implementation of these alleged "Yosemites of the Sea."

Again, you can bet that John Muir wouldn't support a privately funded greenwashing process, overseen by an oil industry lobbyist and other corporate operatives, that fails to provide comprehensive marine protection. Muir would undoubtedly be appalled by the use of the term "Yosemites of the Sea" to describe these "no fishing" zones

Jerry Brown is fast-tracking the peripheral canal, oversaw a record fish kill and record water exports at the Delta pumps in 2011 and continues Schwarzenegger's corrupt MLPA Initiative. Now he issues a proclamation honoring John Muir Day.

Hey Jerry, why don't you really honor Muir's legacy by abandoning the Bay Delta Conservation Plan to build the peripheral canal and the corrupt Marine Life Protection Act Initiative - and by forcing the water contractors to pay for state of art fish screens on the Delta pumps that that were mandated by the CalFed process over 10 years ago? A proclamation and visiting a park is nice, but action is what we really need.

Below is the complete proclamation from the Governor's Office:

FOR IMMEDIATE RELEASE:

Contact: Governor's Press Office

Saturday, April 21, 2012 (916) 445-4571

PROCLAMATION

BY THE GOVERNOR OF THE STATE OF CALIFORNIA

"In every walk with nature one receives far more than he seeks." - John Muir

John Muir (1838-1914) was a giant of a man. His vision of the pristine landscape as a source of spiritual renewal has become central to our understanding of the relationship between humanity and nature. In addition to his scientific discoveries, engineering innovations and writings that still inspire us today, Muir's advocacy was instrumental in the creation of the National Park System, one of the world's great ecological treasures.

It is a tribute to the beauty of our state that this consummate lover of nature chose California as his home. In return, California has honored him many times over. In 1976 the California Historical Society named John Muir "The Greatest Californian," and our state quarter, issued in 2004 by the United States Mint, bears his image. Numerous parks, trails, roads, schools and other places around the state are named after him. John Muir Day was established in 1988, the 150th anniversary of his birth, by a unanimous vote of the Legislature. Today, as a way to honor Muir's teachings and help keep his legacy alive, I suggest a visit to one of California's public open spaces-national park, state park or any other unspoiled wilderness-which he strived so zealously to preserve.

NOW THEREFORE I, EDMUND G. BROWN JR., Governor of the State of California, do hereby proclaim Saturday, April 21st, 2012 as "John Muir Day."

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 17th day of April