January 1999

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CA 95971

California Sportfishing Protection Alliance

Conservation Alert

Carmel River Lagoon - CSPA Action Pays Off For Now
Steelhead Kills

Good News!..... The CSPA recently advised the U.S. National Marine
Fisheries Service (USNMFS) that the USNMFS must take corrective
enforcement actions against the Monterey County Water Resources Agency
(MCWRA) for adverse impacts on listed Carmel River Steelhead caused by
the recent dewatering of the Carmel River Lagoon by the MCWRA. The
listed steelhead were smolting in the lagoon. The dewatering of the
lagoon to a mudflat had adverse impacts to a significant number of
listed and "threatened" juvenile Carmel River Steelhead.

The U.S. National Marine Fisheries Service put the Monterey County
Water Resources Agency on notice that any additional adverse effects to
listed Carmel River Steelhead are eliminated and that the MCWRA must
modify their present project operation in dewatering the Carmel River
Lagoon to avoid future enforcement actions.

The USNMFS letter to the US Army Corps of Engineers and the Monterey
County Water Resources Agency stated as follows:

"We therefore request the federal action agency [Army Corps of
Engineers (USACE)] to prepare or cause to be prepared a biological
assessment within 180 days of receipt of this letter so as to enter into
formal consultation with NMFS. The biological assessment should
generally include results of on-site inspections, a determination of the
presence of listed species and habitat based on biological studies,
review of the literature, and the views of species experts. The
assessment should also describe any known unrelated future non-federal
activities (cumulative impacts) reasonably certain to occur within the
action area that are likely to affect the species."

"Furthermore, within the biological assessment, document the instances
(date, work completed, before and after project water levels and wetted
surface areas) have drained the freshwater lagoon since August 18, 1997,
when steelhead were listed as threatened species under the ESA. Also
provide any documents, permits, or detailed references that you believe
duly authorized you to conduct said activities. These would include:
Rivers and Harbors Act section 10 permits, Clean Water Act section 404
permits, official Declarations of Emergency, analysis of alternatives
pursuant to Executive Order 11988, or USACE authorizations; State of
California coastal or streambed alternation agreements or exemptions;
and federal and state ESA incidental take statements, permits, or
exemptions."

cspa@psln.com