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 will violate not only *Trolling federal law, but state Motors law as well. *Fishfinders For example, Water *GPS Code section 85021 *VHF states, “The policy of Radios the State of California is to reduce reliance *Radar on the Delta in *Batteries meeting California’s and future water supply Chargers needs through a statewide strategy of Largest Service investing in improved Center regional supplies, in the West! conservation, and water use efficiency.” Marine Electronics Sales • Service • Installation Sunny’s Electric Marine ONE DAY SERVICE on Installations with appointment (916) 487-3868 The KFBK OUTDOOR SHOW 3819 1 Rated Outdoor Radio Show for 26 years! # with your host Bob Simms Fishing • Hunting • Destinations Conservation • History Dedicated to the Northern California Outdoorsman BOB SIMMS Listen Every Saturday Morning from 5 am to 8am CALIFORNIA’S LONGEST RUNNING OUTDOOR TALK SHOW! 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 We carry Lead Free Pistol ammo for League, San Francisco Baykeeper, Save Cali- the hunter who wants to carry his fornia Salmon, Environ- handgun in Lead Free Hunting Zones. mental Water Caucus, Available in a variety of calibers... 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