YUBA RIVER COALITION WINS LAWSUIT AGAINST FEDS; FORCES INCREASED PROTECTION FOR THREATENED STEELHEAD
A coalition of environmental and fisheries groups, including the South Yuba River Citizens League (SYRCL) and the California Sportfishing Protection Alliance (CSPA), won a major victory Wednesday in efforts to protect threatened Central Valley steelhead. Their lawsuit against the federal government was settled when the National Marine Fisheries Service relented and agreed to issue protective regulations for California's threatened populations of steelhead trout. The agreement affects California coastal and Central Valley steelhead runs, including the Yuba River steelhead population.
"Finally, a bit of good news for stream protection" said Shawn Garvey, SYRCL's Executive Director. "It's important to get these regulations in place, to stop the kinds of fish kills, habitat destruction, and de-watering events we've seen in steelhead streams throughout California. The next step is to ensure that these protective regulations adequately address the major threats to steelhead: dams, water diversions, and habitat destruction."
Eight steelhead advocacy groups filed suit in San Francisco Federal District Court on June 22, charging the National Marine Fisheries Service (NMFS) with unreasonable delay in issuing protective regulations mandated under section 4(d) of the Endangered Species Act (ESA). NMFS listed central and south-central California coast populations as a "threatened" species in August 1997, and Central Valley populations in March, 1998. The lawsuit documented fish kills resulting from water diversions or de-watering events, insufficient stream flows, barriers to migration, and destruction of steelhead habitat that had occurred in 34 California streams. Unlike "endangered" species, a "threatened" designation affords no actual protection under the ESA until NMFS issues 4(d) regulations. Section 4(d) rules prohibit harm to the fish either by direct killing or by adverse modification of their habitat. Environmentalists and fishing groups have been pushing for protective regulations since the listings.
The agreement—designed to settle the lawsuit—was presented to Judge Susan Illston for her approval on October 19, 1999. It provides that NMFS will issue a proposed 4(d) rule no later than December 15, 1999. After a public comment period, NMFS will issue final regulations by June 19, 1999. A similar agreement for protective regulations has been reached regarding "threatened" populations of steelhead in Oregon, Washington, and Idaho in response to a concurrent lawsuit brought by conservation groups in those states. The 4(d) regulations will cover all "threatened" steelhead runs in California, Washington, Oregon, and Idaho.
"We're moving along the road towards recovery for steelhead" said Bob Baiocchi of the California Sportfishing Protection Alliance. "The regulations are a necessary first step if we want future generations to be able to enjoy steelhead returning to streams."
Historically, steelhead likely numbering in the millions once migrated up California streams each year during spawning season. Impacts from construction of dams and water diversions, as well as logging, grazing, and gravel mining had reduced annual steelhead numbers in the areas covered by the lawsuit to about 150,000 in the 1960s. It is estimated that less than 20,000 of the fish currently return to these same areas each year.
The coalition that sued NMFS includes CSPA, SYRCL, the Center for Biological Diversity, Alameda Creek Alliance, Pacific Coast Federation of Flyfishers, Northern California Council Federation of Flyfishers, Salmon Protection and Watershed Network, and the Coastside Habitat Coalition. The plaintiffs were represented by Larry Sanders of the Sierra Defense Project in Nevada City, and Brendan Cummings of Berkeley.
This article was written by Shawn Garvey (syrcl@syrcl.org) of the South Yuba River Citizens League -- Celebrating 15 Years Protecting the Yuba
For more information contact:
Bob Baiocchi (530) 836-1115, California Sportfishing Protection Alliance
Shawn Garvey (530) 265-5961, South Yuba River Citizens League
Larry Sanders (530) 265-5961, Sierra Defense Project, Attorney for Plaintiffs