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Landmark lawsuit settlement between environmentalists and state water boards strengthens Delta protections

California Sportfishing Protection Alliance, MAVEN’S NOTEBOOK

Three California environmental nonprofits secured a landmark settlement agreement with the California State Water Resources Control Board to uphold the common law Public Trust Doctrine and other legal protections for imperiled fish species in the Sacramento River and San Francisco Bay/Sacramento – San Joaquin Delta Estuary.

The lawsuit, filed in 2015 by the California Sportfishing Protection Alliance (“CSPA”), the California Water Impact Network (“CWIN”), and AquAlliance, brought sweeping claims against the State Water Board. It alleged that the agency’s management of the Sacramento River and San Francisco Bay-Delta displayed an overarching pattern and practice of:

failure to comply with the Public Trust Doctrine;
failure to implement Sacramento River temperature management requirements;
failure to ensure that fish below dams be maintained in “good condition”; and
acceptance of water quality below minimum Clean Water Act standards.

“The Water Board’s long-standing pattern and practice of inadequately implementing foundational environmental laws has brought the Central Valley aquatic ecosystem to the brink of collapse. This settlement agreement is a major step forward, compelling the State Water Board to fulfill crucial legal requirements it had previously ignored,” said Bill Jennings, CSPA Executive Director.

Read/download the full press release here

Source: https://mavensnotebook.com/2020/07/21/lawsuit-settlement-landmark-lawsuit-settlement-between-environmentalists-and-state-water-boards-strengthens-delta-protections/

Posted on Categories Water, WildlifeTags , , ,

Op-Ed: PacifiCorp should move forward with historic Klamath dams agreement

Russell ‘Buster’ Attebery and Joseph L. James, OREGONLIVE

Attebery is chairman of the Karuk Tribe. James is chairman of the Yurok Tribe.

For nearly 20 years, Klamath River tribes and our allies have fought tirelessly to see the removal of four aging Klamath River dams. We have engaged in protests, attended countless meetings, commissioned technical reports, filed lawsuits and negotiated directly with dam owner PacifiCorp and dozens of other stakeholders. For us, dam removal is absolutely necessary to restore our struggling fisheries, maintain cultural practices, and provide tribal members who struggle to make ends meet access to traditional subsistence foods.

At the same time, dam removal and fisheries restoration would help our neighbors who depend on agriculture as well, resulting in fewer regulatory burdens and greater water security for them. That win-win for struggling rural communities in the Klamath Basin helped bring us together to negotiate with the dam owner, PacifiCorp. It wasn’t easy, but by building trust and respect one discussion at a time, we ­– along Oregon, California and PacifiCorp, owned by billionaire investor Warren Buffett’s Berkshire Hathaway – signed the Klamath Hydroelectric Settlement Agreement in 2016.

It seemed a historic success. In exchange for supporting dam removal, PacifiCorp was assured that its financial contribution for such an effort would be capped at $200 million. In addition, the agreement called for protecting the utility from liability by transferring the license of the dams to an independent nonprofit entity before the dam removal process starts.

Unfortunately, PacifiCorp is now rethinking its commitment to that agreement, after a July ruling by the Federal Energy Regulatory Commission. The commission, which must approve the license transfer, decided that PacifiCorp could partially transfer the dams to the Klamath River Renewal Corp., the nonprofit created to manage the dam removal and related environmental restoration activities. But the commission ruled that PacifiCorp must remain a co-licensee.
Continue reading “Op-Ed: PacifiCorp should move forward with historic Klamath dams agreement”

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Salmonid counts below replacement level in Eel River, CDFW announces

Lana Cohen, THE MENDOCINO VOICE

Many elements have contributed to the decline of these fish species, including warmer and lower water, sediment flowing into the river, invasive species, and dams as factors that have had the most devastating impact.

In order for the Chinook and steelhead, whose populations are plummeting up and down the West Coast, to rebound in the Eel River, there should be at least 26,400 fish returning from the ocean to the Eel to spawn annually, according to the State of Salmon, a salmon information sharing venue run by The Nature Conservancy.

Although the Eels fish population was larger this year than last, Fish and Wildlife’s June 1 report shows that the population fell far below the margin for species recovery. Only 8,263 made the journey, they wrote.

Due to the dwindling population of fish, Fish and Wildlife has set a two fish limit per day for recreational salmon fishing. More details can be found at the Fish and Wildlife’s Ocean Salmon Sport Regulations page.

Read more at https://mendovoice.com/2020/06/salmonid-counts-below-replacement-level-in-eel-river-cdfw-announces/

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Lawsuit challenges California’s failure to address State Water Project’s threat to Bay Delta, salmon runs

Center for Biological Diversity, MAVEN’S NOTEBOOK

Four environmental groups sued the California Department of Water Resources today over its approval of the long-term operation of the State Water Project, the massive system of dams, pumps and aqueducts responsible for siphoning water from Northern California to Southern California. The project approval also failed to analyze the environmental harms of building a new diversion tunnel to send water south.

Today’s lawsuit, brought by the Sierra Club, Center for Biological Diversity, Restore the Delta, and Planning and Conservation League, challenges the agency’s implausible conclusion that the project, which starves the San Francisco Bay-Delta of freshwater flows and has devastated most of the Delta’s native fish populations, will have no environmental consequences.

“It’s time for the state to be honest about the damage being done to the Delta ecosystem and our native fish by the unsustainable water diversions of the State Water Project,” said Jeff Miller, a senior conservation advocate at the Center for Biological Diversity. “We need increased freshwater flows to restore the Delta. The Department of Water Resources can’t pretend that diverting even more water under this project would be benign.”

Just weeks before the department approved the long-term operation of the State Water Project, it announced that it was pursuing the “One-Tunnel Delta Conveyance Project,” the latest version of the enormous tunnel that could increase the siphoning of Delta water. Although the tunnel would be part of the State Water Project, the department failed to consider the tunnel and its effects from water diversion in its environmental review.

“It’s bad enough that the department thinks the State Water Project has no environmental consequences,” said Kathryn Phillips, director of Sierra Club California. “But it’s completely absurd for the agency to separate the long-term operation of the State Water Project from the tunnel project, which it’s actively promoting as part of that long-term operation.”

In 2019 Gov. Gavin Newsom announced that he was abandoning the California WaterFix project, which would have created two 35-mile long, 40-foot wide tunnels to carry water south without passing through the Delta and nourishing its ecosystems. The Department of Water Resources has subsequently pursued a single tunnel project, but the smaller project still threatens further damage to salmon and other fish runs and the health of the Delta.

“Salmon, Delta smelt, farmers and towns all depend on the continued flow of fresh water into the Delta,” said Barbara Barrigan-Parrilla with Restore the Delta. “The state’s long-term plan for running the State Water Project just hides its determination to close the spigot.”

Source: https://mavensnotebook.com/2020/04/29/this-just-in-lawsuit-challenges-californias-failure-to-address-state-water-projects-threat-to-bay-delta-salmon-runs/

Posted on Categories Sonoma Coast, WildlifeTags , , , ,

Scientists say decades are needed to rebuild California’s abalone collapsed fishery

Mary Callahan, THE PRESS DEMOCRAT

It could take until at least 2032 before California reopens even the slightest season for abalone diving and hunting along the North Coast, where depleted stocks have shut the popular sport fishery since 2018.

But that’s a best-case scenario envisioned by scientists studying the beleaguered red abalone population, as nothing like the open seasons of the recent past is likely for up to three to six decades under the current range of environmental circumstances and reproductive projections that have sunk the species, the scientific team has concluded.

That rough timeline, though subject to ongoing debate and changes based on ocean conditions and population shifts in the coming years, suggests a whole generation of people could miss out on a sport that has inspired adventure and deeply held tradition for legions of families and friends across Northern California.

It also could mean die-hard divers in upper age groups may have to make peace with having bagged their last abalone.

“Some of us won’t live long enough to get back in the water, so that’s not making a lot of people happy,” said longtime ab diver Sonke Mastrup, invertebrate program manager and chief representative in the process for the California Department of Fish and Wildlife.

Jack Likins, a 74-year-old Gualala ab hunter known for bagging trophy sized shellfish, summed up the gloom that has taken hold in the sport’s community. “I think fishermen like me are pretty discouraged,” he said.

The projections are part of a framework prepared for the state Fish and Game Commission to help guide management of the abalone fishery beginning next year, when an emergency three-year ban on the harvest of the mollusks expires.

Read more at https://www.pressdemocrat.com/news/10789434-181/scientists-say-decades-are-needed

Posted on Categories Agriculture/Food System, Climate Change & Energy, Sonoma Coast, WildlifeTags , , , , ,

Rising ocean acidity bad news for West Coast’s $200 million Dungeness crab fishery

Mary Callahan, THE PRESS DEMOCRAT

Acidification of the world’s oceans was supposed to be a distant problem — nothing to worry about until some time in the future.

But a new study of juvenile Dungeness crab collected off the Pacific Northwest coast shows the crustaceans are vulnerable to conditions that exist right now.

Published last week in the journal “Science of The Total Environment,” the study found that tiny developing crabs sampled from coastal waters off Oregon and Washington suffered damage to their shells as well as to bristly, hairlike sensory organs believed to help them orient to their surroundings.

The findings have unsettling implications for a roughly $200 million West Coast fishery — California’s most valuable ocean crop and a key economic driver for struggling fishing ports on the North and Central Coast.

The California fleet caught more than $47 million worth of Dungeness crab last year, including nearly $5 million worth of crustaceans landed in Bodega Bay.

The new research, said veteran Bodega Bay fishermen Tony Anello, sounds “very discouraging.”

Read more at https://www.pressdemocrat.com/news/10644113-181/rising-ocean-acidity-bad-news

Posted on Categories Agriculture/Food System, WildlifeTags , , , ,

Crab harvest is not only light, but late

Tyler Silvy, THE PRESS DEMOCRAT

The rush to renew a North Coast New Year’s tradition — feasting on freshly caught Dungeness crab — may help ease the pinch of a late start to the season for fishermen and retailers, but mediocre early returns have so far added a little lemon juice to the cut endured this year by the fleet.

“I won’t say it’s poor,” said Bodega Bay fisherman Dick Ogg, before offering a laugh. “I’ll say it’s less than good. It’s not exactly what we had expected. Our original anticipation was that there were a fair quantity of crabs in the area. Unfortunately, that is not the case.”

The prediction of a mountain of Dungeness crab lying in wait at the bottom of the Pacific Ocean prompted a number of fishing boats from outside the area to descend this month on Bodega Bay.

They had time, as the season was delayed a month until Dec. 15 to allow endangered humpback whales time to clear the area and head south to their winter home off the coast of Mexico.

Ogg, the vice president of Bodega Bay Fisherman’s Marketing Association, said the added pressure didn’t help matters, but it ultimately comes down to this: There just aren’t as many crabs as predicted. And at this point, Ogg said, “the majority have been caught.”

Read more at https://www.pressdemocrat.com/business/10528717-181/north-coast-tradition-renewed-as

Posted on Categories Agriculture/Food System, Sonoma Coast, WildlifeTags , , ,

Trawlers return to Pacific fishing area in rare environmental success story

Associated Press, THE GUARDIAN

A rare environmental success story is unfolding in waters off the US west coast.

After years of fear and uncertainty, bottom trawler fishermen – those who use nets to catch rockfish, bocaccio, sole, Pacific Ocean perch and other deep-dwelling fish – are making a comeback here, reinventing themselves as a sustainable industry less than two decades after authorities closed huge stretches of the Pacific Ocean because of the species’ depletion.

The ban devastated fishermen, but on 1 January, regulators will reopen an area roughly three times the size of Rhode Island off Oregon and California to groundfish bottom trawling – all with the approval of environmental groups that were once the industry’s biggest foes.

The rapid turnaround features collaboration between the fishermen and environmentalists who spent years refining a long-term fishing plan that will continue to resuscitate the groundfish industry while permanently protecting thousands of square miles of reefs and coral beds that benefit the overfished species.

Now, the fishermen who see their livelihood returning must solve another piece of the puzzle: drumming up consumer demand for fish that haven’t been in grocery stores or on menus for a generation.

“It’s really a conservation home run,” said Shems Jud, regional director for the Environmental Defense Fund’s ocean program. “The recovery is decades ahead of schedule. It’s the biggest environmental story that no one knows about.”

Read more at: https://www.theguardian.com/environment/2019/dec/26/fishing-groundfish-trawlers-oregon-california-environment

Posted on Categories Climate Change & Energy, Habitats, Sonoma CoastTags , , , , ,

The world’s oceans are in danger, major climate change report warns

Brad Plumer, THE NEW YORK TIMES

Climate change is heating the oceans and altering their chemistry so dramatically that it is threatening seafood supplies, fueling cyclones and floods and posing profound risks to the hundreds of millions of people living along the coasts, according to a sweeping United Nations report issued Wednesday.

The report concludes that the world’s oceans and ice sheets are under such severe stress that the fallout could prove difficult for humans to contain without steep reductions in greenhouse gas emissions. Fish populations are already declining in many regions as warming waters throw marine ecosystems into disarray, according to the report by the Intergovernmental Panel on Climate Change, a group of scientists convened by the United Nations to guide world leaders in policymaking.

“The oceans are sending us so many warning signals that we need to get emissions under control,” said Hans-Otto Pörtner, a marine biologist at the Alfred Wegener Institute in Germany and a lead author of the report. “Ecosystems are changing, food webs are changing, fish stocks are changing, and this turmoil is affecting humans.”

Hotter ocean temperatures, combined with rising sea levels, further imperil coastal regions, the report says, worsening a phenomenon that is already contributing to storms like Hurricane Harvey, which devastated Houston two years ago.
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For decades, the oceans have served as a crucial buffer against global warming, soaking up roughly a quarter of the carbon dioxide that humans emit from power plants, factories and cars, and absorbing more than 90 percent of the excess heat trapped on Earth by carbon dioxide and other greenhouse gases. Without that protection, the land would be heating much more rapidly.

But the oceans themselves are becoming hotter, more acidic and less oxygen-rich as a result, according to the report. If humans keep pumping greenhouse gases into the atmosphere at an increasing rate,marine ecosystems already facing threats from seaborne plastic waste, unsustainable fishing practices and other man-made stresses will be further strained.

Read more at https://www.nytimes.com/2019/09/25/climate/climate-change-oceans-united-nations.html

Posted on Categories Agriculture/Food System, WildlifeTags , , , ,

Best salmon return since 2014 leads to longer season for North Coast fishery

Mary Callahan, THE PRESS DEMOCRAT

North Coast fishing crews idled by an early end to the Dungeness crab season will have a longer 2019 salmon season than in recent years after fishery managers finalized dates Tuesday, a reflection of this year’s healthier projected adult spawning run.

In fact, this generation of returning adult king salmon is thought to be the most abundant since 2014, allowing for a season opener beginning May 16 and stretching to at least late September in coastal waters between Point Arena on the southern Mendocino Coast and Pigeon Point on the coast of San Mateo County.

That 122-day span is nearly twice the 73 days provided to commercial boats in 2018 — a reflection, experts say, of abundant rainfall when this year’s adult spawners were juveniles two years ago, making their way down freshwater streams to the Pacific Ocean.

The brighter forecast comes amid generally declining conditions across ocean fisheries and continued restrictions needed to rebuild West Coast salmon stocks, twin blows that have landed hard on California’s struggling commercial fishing fleet.

Read more at https://www.pressdemocrat.com/news/9505574-181/best-salmon-return-since-2014