CSPA
Arroyo Grande Creek Steelhead
Letter to USNMFS Dec, 1997
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CALIFORNIA 95971
Mr. Jim Bybee, Supervisor December 10, 1997
U.S. National Marine Fisheries Service
777 Sonoma Avenue, Room 325
Santa Rosa, CA 95404
Diane Noda, Field Supervisor
U.S. Fish and Wildlife Service
Ventura Fish and Wildlife Office
2493 Portola Road, Suite B
Ventura, CA 93003
Dear Ms. Noda and Mr. Bybee:
We are requesting your agencies take responsible actions pursuant to the federal Endangered Species Act to protect and restore the threatened steelhead trout resources of Arroyo Grande Creek in San Luis Obispo County.
By way of background, Mr. William L'Hommedieu (CSPA) representing the California Sportfishing Protection Alliance, filed a complaint with the State Water Resources Control Board in early 1994. The CSPA complained to the SWRCB that the flow requirement from Lopez Dam was not adequate to protect the steelhead resources below the dam. Lopez Dam does not have a mandatory daily flow requirement. The SWRCB did not order a mandatory daily flow requirement as required by state law to keep the steelhead in good condition at all times below the dam. The CSPA complaint is still pending before the SWRCB.
The steelhead trout of Arroyo Grande Creek were recently listed and are protected under the federal Endangered Species Act as threatened.
On March 1, 1951, the California Department of Fish and Game (CDFG) made a determination regarding the post-project (pre-Lopez Dam) condition of steelhead trout in Arroyo Grande Creek. Please see attachment. (Interoffice memo - Region 3 - CDFG)
Prior to 1940 the steelhead runs in Arroyo Grande Creek ranged from 500 to 5,000 fish annually. The steelhead run prior to 1951 averaged 1,000 fish annually for about 20 years.
In 1959 in a CDFG survey Arroyo Grande Creek was rated as a fair to good steelhead spawning and rearing area. Spawning grounds were relatively scarce in the lower stream but more abundant in the middle and upper portions. In 1960 the CDFG reported that the stream supported one of the larger steelhead runs in the south coast region, which was estimated to be equal in magnitude to those found in Santa Rosa Creek, the Arroyo de la Cruz, San Simeon Creek, and San Carpojo Creek. In 1972 in a DFG survey, Arroyo Grande Creek had deteriorated substantially as a viable steelhead stream. Lopez Dam, constructed at the confluence with Lopez Canyon Creek during the 1960's, blocked steelhead access to upstream spawning and rearing areas. See Robert Titus Report; Historical Review and Current Status of California Steelhead in Coastal Drainages South of San Francisco Bay.
Presently, the steelhead run in Arroyo Grande Creek are so poor CDFG can name the fish and not count them. And for that reason the steelhead of Arroyo Grande were listed for protection under the federal ESA.
On August 3, 1994, because of the CSPA complaint, the CDFG advised the SWRCB at that time about the condition of the steelhead and their habitat in Arroyo Grande Creek. Please see attachment. (Memo - John Turner, CDFG to Lewis Moeller, SWRCB)
There may be other threatened and endangered species in the Arroyo Grande Creek which are affected by the operations of San Luis Obispo County's Lopez Dam, including Lopez Reservoir.
We are requesting the USNMFS and USFWS take responsible actions pursuant to the federal ESA against San Luis Obispo County and require San Luis Obispo County release sufficient amounts of water daily from Lopez Dam to keep in good condition steelhead which exist and/or existed below the dam in Arroyo Grande Creek.
We are requesting the USNMFS and USFWS to develop a Arroyo Grande Steelhead Trout Habitat Conservation Plan for Arroyo Grande Creek to protect and restore steelhead and their habitat. We expect the SWRCB to cooperate in the development of the plan.
We are requesting USNMFS and USFWS to investigate and determine whether San Luis Obispo County has a "take" permit which allows the county not to release sufficient amounts of water at all times from Lopez Dam which allows the county the legal authority to adversely impact steelhead and jeopardize their habitat. In the event the county does not have a "take" permit, the county should be required to release water at all times to protect steelhead below the dam in accordance with state law and the federal ESA.
We are requesting USNMFS and USFWS to determine whether or not it is feasible to require the county to construct and maintain a fish ladder at Lopez Dam for the purpose of allowing the upstream migration of adult steelhead to their historical spawning and rearing grounds. And whether or not it is also feasible for the recommended fish ladder to allow for the downstream migration of juvenile steelhead.
It is our understanding that there was the unauthorized use of the state's water by San Luis Obispo County at Lopez Dam. And that the SWRCB advised the CSPA in 1994 that enforcement actions would be taken against the county if it continued the unauthorized diversion and use of the state's water of Arroyo Grande Creek.
The public expects the responsible state and federal agencies to protect steelhead and other fish species from abuse and prevent violations of state and federal law.
A written response is requested concerning what the USNMFS and USFWS propose to do about the continued abuse to steelhead and their habitat in Arroyo Grande Creek.
Respectfully Submitted
_____________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 530-836-1115 or 530-283-3767; Fax: 530-283-5017
e-mail - cspa@psln.com (Note new area code)
attachments
Service List
Jerry Johns, Asst. Chief
Division of Water Rights
State Water Resources Control Board
P.O. Box 2000
Sacramento, CA 95812-2000
Chris Mobley, Staff
U.S. National Marine Fisheries Service
777 Sonoma Avenue, Room 325
Santa Rosa, CA 95404
Nancee Murray, Esquire - Legal Affairs Division
California Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95814
Supervisor, Environmental Services
California Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95814
Michael Jackson, Esquire
P.O. Drawer 207
Quincy, CA 95971
Steve Volker
Earthjustice Legal Defense Fund
180 Montgomery Street, Suite 1400
San Francisco, CA 94104
William H. L'Hommedieu
CSPA Representative
1355 Las Encinas Drive
Los Osos, CA 93402
Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
Interested Parties (numerous by e-mail)
For further information contact Bob Baiocchi at either 530-836-1115 or
at e-mail address: cspa@psln.com