<html><head></head><body><div class="ydpda0fdeb7yahoo-style-wrap" style="font-family:garamond, new york, times, serif;font-size:16px;"><div><div class="ydpda0fdeb7signature" dir="ltr" data-setdir="false"><a href="https://westernlaw.org/groups-announce-intent-sue-feds-threats-shasta-river-coho-salmon/" rel="nofollow" target="_blank">https://westernlaw.org/groups-announce-intent-sue-feds-threats-shasta-river-coho-salmon/</a></div><div class="ydpda0fdeb7signature"><div dir="ltr" data-setdir="false"><div><div class="ydp80b74421et_post_meta_wrapper">
<h1 class="ydp80b74421entry-title">Groups announce intent to sue feds over threats to Shasta River coho salmon</h1>
<p class="ydp80b74421post-meta"><span class="ydp80b74421published">Feb 24, 2022</span> | <a href="https://westernlaw.org/category/news-release/" rel="nofollow" target="_blank">News Release</a></p>
</div>
<p>Today, on behalf of the Friends of the Shasta River and
Environmental Protection Information Center, the Western Environmental
Law Center <a href="https://westernlaw.org/wp-content/uploads/2022/02/2022.02.24-Shasta-River-Safe-Harbor-NOI.pdf" rel="nofollow" target="_blank">notified</a>
the National Oceanic and Atmospheric Administration’s National Marine
Fisheries Service (NMFS) of the groups’ intent to challenge its flawed
Shasta River safe harbor program in federal court. The NMFS safe harbor
program provides legal immunity for harming protected species in
exchange for stewardship practices on private land.</p>
<p>The groups allege NMFS violated the Endangered Species Act by
allowing water diverters to kill threatened coho salmon under
“enhancement of survival permits” based on unlawful and scientifically
incorrect biological opinions. NMFS’s decision to issue the permits
despite these flawed foundations violates its duty to not “jeopardize”
threatened coho salmon or adversely modify their habitat.</p>
<p>“The Shasta River safe harbor agreements represent a fundamental
misuse of the Endangered Species Act and its permit provisions,” said <strong>Sangye Ince-Johannsen, attorney at the Western Environmental Law Center</strong>.
“We intend to challenge a number of legal deficiencies underlying
NMFS’s decision to enter the agreements and grant the permits to the
landowners. At bottom, it just doesn’t pass the straight-face test to
say that permits that allow landowners to continue to harm and kill
threatened salmon somehow ‘enhance the survival’ of the species or
provide a ‘net conservation benefit.’”</p>
<p>“We are disappointed that the federal government has given a free
pass to billionaire ‘ranchers’ at the expense of the Shasta River and
its threatened coho salmon,” <strong>said Tom Wheeler, executive director of EPIC</strong>.
“At a time when we are investing millions of dollars in the Klamath
system, including removing four dams, endorsing practices that leave the
Shasta River inhospitable to wild fish is unconscionable.”</p>
<p>NMFS’ Shasta River safe harbor agreements are purportedly intended to
address the rapid decline in coho salmon in the Shasta. While these
agreements with 14 water diverters are intended to provide a “net
conservation benefit,” they let diverters off the hook for the damage
they cause to the river. The cumulative benefit of all 14 agreements,
even if they were all successfully implemented, would not be nearly
enough to halt the spiraling decline in coho numbers, much less assure
recover the species.</p>
<p>“We are taking this step with considerable reluctance” said <strong>Andrew Marx, board president of Friends of the Shasta River</strong>.
“During the safe harbor planning process, a coalition of Tribal and
conservation groups provided detailed comments outlining substantive
concerns over the proposed Shasta River safe harbor agreement. But those
comments were mostly ignored. Over the last year, our group expressed
our concerns with the safe harbor agreement through briefings and
dialogue with agency staff. Unfortunately, our concerns were again
ignored. The agency has been unwilling to alter the program in any
substantive way, forcing us into the courtroom.”</p>
<p>“We are seeking a restructuring of how much-needed federal and state
assistance for Shasta River restoration is conceived and implemented,”
said <strong>Bill Chesney, retired California Department of Fish and
Wildlife fisheries biologist and Friends of the Shasta River board
member</strong>. “Agencies first need to recommend and implement
science-based flow and temperature standards sufficient for coho
recovery in the Shasta River. That needs to come first—not just as an
afterthought once the safe harbor participants have already been given
immunity for their destructive practices.”</p>
<p>The Shasta River was once the most important salmon-producing
tributary of the Klamath River. Its fish have been an essential
component of traditional Tribal livelihoods and culture. However, the
river’s productivity has greatly diminished due to excessive
diversions—which in 2021 virtually dewatered the river on occasions.</p>
<p><strong>Contacts:</strong></p>
<p>Sangye Ince-Johannsen, Western Environmental Law Center, 541-778-6626, sangyeij@westernlaw.org</p>
<p>Nick Joslin, Friends of the Shasta River, 530-905-0264, nick.joslin@shastariver.org</p>
<p>Tom Wheeler, EPIC, 206-356-8689, tom@wildcalifornia.org</p>
<p><strong>Photos for reporter use:</strong></p>
<p><a href="https://westernlaw.org/wp-content/uploads/2022/02/Parks-Creek-on-Shasta-Springs-Ranch-by-Andrew-Marx.jpeg" rel="nofollow" target="_blank">Parks Creek on Shasta Springs Ranch (Credit: Andrew Marx)</a>. Parks is the Shasta’s most potentially productive and agriculturally compromised tributary within safe harbor lands.</p>
<p><a href="https://westernlaw.org/wp-content/uploads/2022/02/Shasta-River-salmon-habitat-at-Big-Springs-by-Andrew-Marx.jpeg" rel="nofollow" target="_blank">Shasta River salmon habitat at Big Springs (Credit: Andrew Marx)</a>. It was once known as Puru-Hey-Ee by the Native Shasta people.</p>
<p><a href="https://westernlaw.org/wp-content/uploads/2022/02/Shasta-River-by-Andrew-Marx.jpeg" rel="nofollow" target="_blank">Shasta River (credit: Andrew Marx)</a></p>
<p><a href="https://westernlaw.org/wp-content/uploads/2022/02/Shasta-River-1-by-Andrew-Marx.jpeg" rel="nofollow" target="_blank">Shasta River 1 (Credit: Andrew Marx)</a></p>
<p><a href="https://westernlaw.org/wp-content/uploads/2022/02/Shasta-River-2-by-Andrew-Marx.jpeg" rel="nofollow" target="_blank">Shasta River 2 (Credit: Andrew Marx)</a></p>
<p><a href="https://westernlaw.org/wp-content/uploads/2022/02/Shasta-River-Dry-Rocks-by-Nick-Joslin.jpg" rel="nofollow" target="_blank">Shasta River dry rocks (credit: Nick Joslin)</a></p>
<p><a href="https://westernlaw.org/wp-content/uploads/2022/02/Coho-Yearlings.jpg" rel="nofollow" target="_blank">Coho juveniles 1 (photographer requested no credit)</a></p>
<p><a href="https://westernlaw.org/wp-content/uploads/2022/02/Coho-Yearlings-3.jpg" rel="nofollow" target="_blank">Coho juveniles 2</a> (photographer requested no credit)</p>
<p><a href="https://westernlaw.org/wp-content/uploads/2022/02/juvenile-coho-salmon-4.jpg" rel="nofollow" target="_blank">Coho juveniles 3 (photographer requested no credit)</a></p></div><div><br></div></div></div></div></div></body></html>