[env-trinity] Notice filed against Reclamation

[Tom Stokely]

http://www.trinityjournal.com/news/local/article_a6e5d992-dbb5-11ec-8d96-0333fd0588b6.html
Notice filed against ReclamationGroup says Bureau of Reclamation plans will
devastate Trinity River fishery

   - By Tony Reed The Trinity Journal
   - 3 hrs ago
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The Pacific Coast Federation of Fishermen’s Associations has filed a 60-day
notice of intent to sue the US Bureau of Reclamation for what it calls
violations of the Endangered Species Act.

According to the notice which was sent to BOR Regional Director Ernest
Conant and Acting Regional Administrator Scott Rumsey Ph.D., the violations
arise from “BOR’s continuing failure to comply with the ESA’s prohibition
against ‘take’ of ESA-listed species that applies to them, and its failure
to reinitiate ESA consultation in accordance with requirements imposed by
the October 12, 2000, ‘Biological Opinion for the Trinity River Mainstem
Fishery Restoration EIS and Its Effects on Southern Oregon/Northern
California Coast Coho Salmon, Sacramento River Winter-run Chinook Salmon,
Central Valley Spring-run Chinook Salmon and Central Valley Steelhead.’”

The notice asserts that Bureau of Reclamation plans for next year will
devastate the fishery resources of the Trinity River, which will throw away
years of restoration efforts.

*Claimed violations*

According to the notice, the Trinity River Dam was built in 1955 as part of
the Central Valley Project with a condition that operators take appropriate
measures to protect fish and wildlife.

Flow rates are mandated by the Record of Decision (ROD), which was signed
in 2000, designed to restore fisheries of the Trinity River. The ROD
defines the flow amounts released from the dam into the Trinity River, and
a biological opinion was issued by the National Marine Fisheries Service in
2000. According to the notice, the opinion included only endangered species
found in the Central Valley and Southern Oregon. Northern California
coastal coho salmon were also considered.

“Following the completion of the TRD, diversion of up to 90% of the flows
to the Central Valley led to significant riverine habitat degradation and
80-90% declines in salmon and steelhead populations. Although significant
restoration actions were later implemented, these actions were generally
ineffective in restoring the salmon and steelhead populations to pre-dam
levels.”

“The quantity and quality of water releases from the TRD into the Trinity
River greatly affect the fishery resources of the Trinity River and the
lower Klamath River,” the notice states. “Water Right Order 90-5 contains a
provision that is intended to protect from harm Trinity River fishery
resources from operations of the TRD for temperature control on the
Sacramento River. These protections are stated as adult salmonid
temperature requirements of 56 degrees F at specific locations during the
salmon spawning periods starting Sept. 15.”

The notice contends that the BOR was required to keep waters at a certain
temperature, which was not out of its control. It also contends that by
failing to keep waters cool, the BOR caused a die-off, or “take” of coho
salmon.

*The ‘take’*

“The EPA’s 1992 approval of the Trinity River Basin Plan temperature
objectives and Interim Action Plan identifies that BOR is required to meet
these temperature objectives and also that diversions to the CVP are
‘controllable factors.’” the notice states. “Except as provided in the
statute, section 9 of the ESA makes it unlawful for any person to ‘take’ a
federally listed endangered fish species within the United States. The ESA
defines “take” to mean “harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect, or to attempt to engage in any such conduct.”

“In the fall and early winter of 2021, operations of the TRD caused a
‘take’ of Southern Oregon/Northern California Coast (SONCC) Coho Salmon at
Trinity River Hatchery and presumably in the upper mainstem Trinity River
due to increased water temperatures resulting from TRD operations,” the
notice states. “These water temperature increases resulted in significant
habitat modification, which may also constitute harm since it actually
resulted in the death or injury to wildlife.

*In a nutshell*

Tom Stokely, consultant to PCFFA, said that in a nutshell, the Bureau of
Reclamation is illegally taking coho salmon, in violation of the Endangered
Species Act, by allowing water temperatures to rise above survivable levels.

“We want a new biological opinion that is not mixed in with the Central
Valley Project,” he said, “so that the Trinity River gets the protection it
deserves.”

Stokely explained that there has not been a biological opinion since 2000
when the ROD was approved, at which time the bureau could not have
anticipated the changes that would occur in the rivers and hatchery.

Stokely said the 60-day notice is necessary, but it’s hoped that the Bureau
will make a decision this week whether or not to seek a new biological
opinion and make needed changes to protect fisheries. If they opt to do so,
the notice letter will be withdrawn, he said.

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