Fish Sniffer On Demand Digital Edition Issue 3901 Dec 20-Jan 3 | Page 18
16
Dec 20, 2019 - Jan 3, 2020
VOL.39 • ISS. 1
Fishing and Environmental Groups Sue Feds
Over Violation of Endangered Species Act
F
ishing and environmental groups
on December 2 sued the US Fish and
Wildlife Service and the National Marine
Fisheries Service for acting in an “arbitrary
and capricious manner” in their failure to
uphold the protection of imperiled salmon
and other species under the federal Endan-
gered Species Act (ESA) in their recent
adoption of biological opinions.
They filed their complaint in the United
States District Court for the Northern
District of California. The suit is an envi-
ronmental and administrative law action
brought by the Pacific Coast Federation
of Fishermen’s Associations, Institute for
Fisheries Resources, Golden State Salmon
Association, Natural Resources Defense
Council, Inc., Defenders of Wildlife, and
Bay.org d/b/a The Bay Institute.
“Contrary to the requirements of the
Endangered Species Act, 16 U.S.C. §1531,
et seq., the biological opinions at issue
in this case were blatantly and improp-
erly shaped by political motivations and
authorize Water Project operations that
will cause grave harm to species and their
critical habitat, increasing the risk of extinc-
tion of endangered and threatened salmon,
steelhead, and Delta Smelt,” according to
the lawsuit.
This filing follows the filing of a 60 day
notice of intent to sue filed recently by the
same groups with the US Bureau of Recla-
mation for violation of the ESA, according
to the Golden State Salmon Association.
Today’s filing alleges violation of the
Administrative Procedures Act by NMFS
and FWS for acting in an arbitrary and
capricious manner relative to the adoption
of the recent biological opinions that
could lead to extinction of various species,
including Sacramento River winter and
spring run Chinook salmon.
“This legal action seeks to restore some
common sense balance and compromise to
how we share water here in California,” said
John McManus, President of the Golden
State Salmon Association (GSSA). “There’s
plenty enough to keep our salmon and other
wildlife healthy and provide for the people
who live in southern California. There isn’t
enough to dump it on desert ground in the
western San Joaquin Valley, which Interior
Secretary David Bernhardt seems hell bent
on doing.”
McManus noted that the salmon industry
in California supports tens of thousands of
jobs from both commercial and recreational
salmon fishing economic activity.
“We’re at the southern border of where
salmon exist in North America and GSSA
and allies are taking action so we don’t
see salmon and other native wildlife go
extinct on our watch,” said McManus. “The
protections being stripped by Bernhardt and
company from winter and spring run salmon
will also badly harm the fall run salmon our
industry depends on.”
The weakening of ESA protections
for fish is designed to clear the path for
increased water exports for the Westlands
Water District, Lynda and Stewart Resnick
and other corporate agribusiness giants.
The increased water
exports that will result
from the gutting of
ESA protections
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The lawsuit
By Dan Bacher
was filed at a
critical time
for salmon, steelhead, Delta smelt and other millions of taxpayer dollars have been used
to study treatment of the poisoned land
ESA-listed species in the Central Valley
rivers and San Francisco Bay-Delta Estuary. discharges. Despite a massive effort, no
On the same date the lawsuit was filed, the solutions have been found other than to stop
irrigation of poisoned lands.”
California Department of Fish and Wildlife
A recent report revealed that the Bureau of
updated its fall midwater trawl survey data
Reclamation “spent a reported $67.8 million
for 2019. The survey for November 2019
for just a project (demonstration treatment
produced ZERO Delta smelt, just like the
plant) that has not met its legal obligation to
September and October surveys did.
provide drainage services and that has not
If December’s results are the same, that
consistently met operational performance
would be the second year in a row that zero
goals.”
Delta smelt are found in the survey. This
“The selenium and mercury discharges
fish, found only in the Sacramento-San
from
the Central Valley’s toxic lands have
Joaquin River Delta, once was the most
been released into the San Joaquin River,
abundant fish in the entire Delta, but years
and thus the state’s drinking water supply,
of water exports to corporate agribusiness
for over 25 years under the condition that
interests, combined with toxics, pollution
and invasive species, have pushed the smelt they would cease by now,” said Regina
Chichizola, co-director of Save California
closer and closer to the abyss of extinction.
Salmon. “These are the same discharges
that caused the Kesterson Refuge disaster.
Water Board Approves
Only in California would the state admit that
Grasslands Permit Despite
Testimony by Fishing, Tribal and agriculture pollution could soon make the
Central Valley’s water unusable, encourage
Conservation Organizations
the use of unfarmable lands, then divert
Rancho Cordova -- The Central Valley
toxins into our rivers and drinking water,
Regional Water Quality Control Board on
and call it a solution.”
December 5 voted 4-1 to issue a 25-year
“Toxins in water impact fish, divide indig-
permit to continue discharges of selenium
enous families from traditional foods, and
and other toxins from commingled agri-
can cause permanent learning disabilities
cultural and stormwater runoff into the
in children,” stated Sherri Norris, executive
San Joaquin River and the San Francisco
director of the California Indian Environ-
Bay Delta, despite testimony from dozens
mental Alliance. “Many of these toxins
of representatives of fishing, tribal, envi-
cannot be removed from water once it enters
ronmental justice and conservation groups
into the system. It’s imperative that we
challenging the permit.
protect all of California’s water from these
The staff promised the board that they
toxins.”
would revisit the permit for the Grasslands
“The Central Valley Regional Board is
Bypass Project in two years. In November,
devising a toxic solution to the continued
five groups filed suit against the San Luis
dumping of a toxic solution,” said Noah
and Delta-Mendota Water Authority and
Oppenheim, executive director of PCFFA.
the US Bureau of Reclamation for what
“Continued operation of the Grasslands
they described as “the failure to adequately
Bypass to dump agricultural waste into
review the environmental impacts from
public waterways will certainly kill fish and
continued operation of the Grasslands
harm fishing jobs. It will also prove to be
Bypass Project to drain agricultural
unlawful, rendering the board’s issuance of a
pollution.”
25-year permit to pollute unlawful as well.”
“These contaminants would impair the
In a letter sent to the Central Valley
survival of commercially harvested salmon,
Central Valley Regional Water Quality
degrade the quality of the freshwater
Control Board on November 8, a coalition
environment downstream, and poison the
of fishing organizations, tribes, and environ-
drinking water supply for tens of thousands
mental groups condemned plans to extend
of Californians,” according to a statement
permitting of the Grasslands Bypass Project
from the Pacific Coast Federation of Fish-
(GBP).
ermen’s Associations (PCFFA) and Save
Those signing the letter include Caleen
California Salmon. “Over the past 25 years
Sisk, Chief of the
Winnemem Wintu Tribe,
and representatives
of the AquaAlliance,
California Water Impact
Network, Planning
and Conservation
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