[env-trinity] Notice filed against Reclamation

[kierassociates at att.net]

Just fyi, if you put ‘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 first hit you get is Amazon trying to sell a copy as ‘Forgotten Books’ – see image below



 

From: env-trinity <env-trinity-bounces at mailman.dcn.org> On Behalf Of Tom Stokely
Sent: Wednesday, May 25, 2022 3:49 PM
To: env-trinity at mailman.dcn.org
Subject: [env-trinity] Notice filed against Reclamation

 

http://www.trinityjournal.com/news/local/article_a6e5d992-dbb5-11ec-8d96-0333fd0588b6.html


Notice filed against Reclamation


Group 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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