Southern Steelhead USDC, USNOAA, USNMFS May 1998

CSPA

Southern Steelhead

In the Matter of Listing and Designating Critical Habitat For: Central Valley Spring-Run Chinook Salmon as Endangered, Central Valley Fall-Run and Late Fall-Run Chinook Salmon as Threatened, Southern Oregon and California Coastal Chinook Salmon as Threatened

In the Matter of Designation of Critical Habitat For: Southern California Steelhead, South-Central California Steelhead, Central California Steelhead, and Central Valley Steelhead

Subject: USNMFS-CSPA Sumittal-Part 1-Southern Steelhead

Date: Tue, 12 May 1998 12:11:27 +0000

From: BOB BAIOCCHI <cspa@psln.com>

Organization:CSPA

To: CSPA Board

Before the United States Department of Commence

U.S. National Oceanic and Atmospheric Administration

U.S. National Marine Fisheries Service

In the Matter of Listing and Designated Critical Habitat For: Central Valley Spring-Run Chinook Salmon as Endangered, Central Valley Fall-Run and Late Fall-Run Chinook Salmon as Threatened, Southern Oregon and California Coastal Chinook Salmon as Threatened

In the Matter of Designation of Critical Habitat For: Southern California Steelhead, South-Central California Steelhead, Central California Steelhead, and Central Valley Steelhead

Comments and Recommendations of the California Sportfishing Protection Alliance

On March 9, 1998, the U.S. National Marine Fisheries Service (hereinafter known as USNMFS) publish a proposal to list several evolutionarily significant units (ESUs) of chinook salmon as threatened or endangered under the protection of the provision of the federal Endangered Species Act. The ESUs and chinook salmon are shown above.

Concurrent with these listing proposals for chinook salmon, the USNMFS also proposes to designate critical habitat for each ESU.

The USNMFS also proposes to designate critical habitat for steelhead trout for all four (4) ESU's shown above.

The following are the comments and recommendations of the California Sportfishing Protection Alliance (hereinafter know as CSPA):

Southern California Coast Steelhead - Endangered - Critical Habitat - Southern California Coastal Rivers and Streams

Southern California steelhead have nearly been extinguished by water projects. i.e. Santa Ynez River (USBR - Cachuma Project).

In the case of the Santa Ynez River, as an example, the California State Water Resources Control Board (SWRCB) did not order any mandatory daily releases of water from Bradbury Dam to protect the steelhead resources in the Santa Ynez River. The failure of the SWRCB not to order water for the steelhead and their habitat was in direct violation of California Fish and Game Code 5937 when the SWRCB issued the U.S. Bureau of Reclamation their water right permit. An annual run of 12,000 to 25,000 steelhead were extinguished from the Santa Ynez River because of the lack of enforcing state law by the SWRCB.

The CSPA was a party to a petition before the USNMFS to list steelhead in California under the protection of the provisions of the federal Endangered Species Act. Southern steelhead species were listed as endangered by the USNMFS.

The CSPA has standing on many coastal rivers and streams concerning the state's steelhead resources in Southern California in water right matters before the SWRCB.

Recommendations of the CSPA Southern Steelhead - Southern California Santa Ynez River, Ventura River, Santa Clara River, Malibu Creek, Santa Barbara County Coastal Streams and Coastal Streams South of Los Angeles

The following recommendations are based on the experiences and expertise of the CSPA in dealing with the state's water rights process and southern steelhead habitat issues related to coastal rivers and streams in Southern California.

1. The most important critical habitat requirement for southern steelhead is water. Water equals habitat (all life stages). i.e. Timely adult and juvenile flows for upstream and downstream migration, and also rearing habitat. Existing water right permits and licenses issued by the SWRCB must be amended by the California State Water Resources Control Board (SWRCB) to provide water (habitat) and the timing of migration flows for southern steelhead to prevent their extinction.

The USNMFS must get involved in the state's water rights process in order to require adequate daily flows and critical habitat requirements for southern steelhead and their habitat (all life stages) pursuant to the federal Endangered Species Act. The USNMFS should file formal protests and formal complaints with the SWRCB so that southern steelhead have adequate amounts of water and critical habitat to survive. However, the USNMFS could file a law suit against the SWRCB for failing to protect and provide critical habitat for southern steelhead in Southern California coastal streams.

The USNMFS must require that cumulative impacts analyses are prepared in coastal watersheds where numerous diversions and/or major diversions have likely had cumulative impacts to water quantity and the timing of flows adversely affecting southern steelhead and their habitat. The USNMFS should demand that before any water right applications and change petitions are approved by the SWRCB, that the SWRCB prepare southern steelhead cumulative impact analyses with mitigation measures pursuant to the SWRCB's public trust duties and responsibilities, and pursuant to the federal Endangered Species Act.

2. Another important critical habitat requirement is water quality.

Elevated water temperatures resulting from the cumulative diversions of the state's water from Southern California streams can adversely affect southern steelhead (all life stages). With meager flows flowing below diversions, water temperatures can skyrocket adversely affecting cold water fish and aquatic species such as southern steelhead. Existing water right permits and licenses issued by the SWRCB must be amended by the SWRCB to provide water (habitat) and adequate water quality for southern steelhead to prevent their extinction so that elevated water temperatures do not jeopardy their existence.

The USNMFS should enforce the Federal Clean Water Act and the federal Endangered Species Act and take immediate actions to prevent elevated water temperatures adversely affecting southern steelhead (all life stages).

3. Another important critical habitat requirement is the screening of surface diversions with state of the art fish screens to prevent harm and injury to southern steelhead (all life stages). All existing surface diversion should be required to be screened by the USNMFS with state of the art fish screens to prevent harm and injury to southern steelhead.

The USNMFS should require the screening of all diversions with state of the art fish screens on coastal rivers and streams which sustain southern steelhead to prevent entrainment and harm to these species (all life stages). Diverters should be required to fund the costs and maintenance of said fish screens.

4. Another critical habitat requirement is the monitoring of flow and southern steelhead habitat conditions in watersheds where critical habitat has been adversely affected from either authorized or unauthorized water diversions.

The USNMFS should monitor southern steelhead habitat in coastal rivers and streams and take enforcement actions against diverters to improve critical habitat being adversely affected by diversions.

5. Another critical habitat requirement is having diverters obtain "conditioned take permits" from the USNMFS. All diverters diverting and storing water from coastal rivers and stream should be required by the USNMFS to obtain conditioned take permits to prevent harm and injury to southern steelhead and their habitat.

Through the take permit process pursuant to the federal Endangered Species Act, the CSPA believes the USNMFS can require as conditions, adequate and timely flows, adequate water quality conditions, and the screening of diversions.

6. Another critical habitat requirement is having all dam owners and

diversion owners with state water right permits and/or licenses being

required to release or bypass at all times adequate daily flows to keep

in good condition southern steehead and their habitat that exist below

the dams and diversions. See Section 5937 of the California Fish and

Game Code; also Section 782 of the California Code of Regulations, Title

23. i.e. USBR's Bradbury Dam - Santa Ynez River; Arroyo Grande Creek -

San Luis Obispo County; USBR - Robles Diversion and Casitas Dam -

Ventura River; United Conservation Water District - Santa Clara River.

The USNMFS should require releases of flows or the bypass of flows

below all dams and diversions to protect southern steelhead populations

and their habitat pursuant to the provisions of the federal Endangered

Species Act.

7. Another critical habitat requirement is having riparian diverters and

pre-1914 water right diverters being required by the USNMFS to release

and/or bypass at all times adequate daily flows to keep in good

condition southern steehead and their habitat that exist below the dams

and diversions. In necessary cases, the USNMFS should take enforcement

and legal actions against riparian and pre-1914 diverters when the

diversion of the state's water is adversely jeopardizing and harming

southern steelhead and their habitat. Riparian diverters and Pre-1914

water right diverters are subject to the provisions of the federal

Endangered Species Act.

8. Another critical habitat requirement is having fulltime measuring

devices below all diversions and dams, and also at the mouth of rivers

and streams and their confluence's with the Pacific Ocean, to record the

daily and hourly flows.

The USNMFS should monitor daily USGS and other flow recording stations

and devices, and take appropriate enforcement actions against upstream

diverters when flows are below minimum requirements for southern

steelhead and their critical habitat.

9. Another critical habitat requirement is having the mouths and lagoons

of rivers and stream to the Pacific Ocean open for the upstream

migration of adult southern steelhead and the downstream migration of

juvenile southern steelhead.

Upstream diverters should be required by the USNMFS to share in the

costs for opening the mouths of river and stream which sustain southern

steelhead for migration purposes. In cases where there are no upstream

diversions, the USNMFS should seek federal funding in necessary and

needed cases.

10. Another critical habitat requirement is having the USNMFS recommend

and require the SWRCB to take administrative and legal actions against

the unauthorized uses and diversions of the state's water in coastal

river and streams where southern steelhead exist.

11. Another critical habitat requirement is having the USNMFS take

immediate enforcement actions against diverters when steelhead kills

occur affecting southern steelhead populations in Southern California

watersheds. Enforcement actions should included penalties (Clean Water

Act) and conditions that prevent that event from occurring again,

including mitigation measures such as improving flow and water quality

conditions.

12. Any and all written and/or verbal agreements between the USNMFS and

the State of California concerning the development of critical habitat

and the protection of any threatened and endangered species, including

any and all proposals to list salmonids, should be subject to full

public disclosure, allowing for public comments, and in accordance with

the provisions of the federal Endangered Species Act, and other federal

statutes.

The USNMFS should not turnover its federal duties and responsibilities

under the federal Endangered Species Act and other federal statues to

the State of California to protect and provide critical habitat for

southern steelhead. The State of California has a track record for

failing to protect and provide critical habitat for southern steelhead.

That is the very reason southern steelhead were listed as endangered for

protection under federal law.

13. The USNMFS must conducted emergency consultations in all ESU areas

where disaster and calamity has adversely effected and jeopardized

threatened steelhead species and their habitat. i.e. Arroyo Grande Creek

(steelhead kills); Lower Yuba River (steelhead kills; Carmel River

(steelhead kills), etc.

14. The USNMFS is required to issue incidental take permits, after

opportunity for public comments (due process). The CSPA recommends the

following has been fully met:

(a) The applicant or the unauthorized action will fully minimize and

fully mitigate the impacts of such taking of steelhead to the maximum

extent.

(b) The applicant or the unauthorized action will ensure that adequate

funding for the Steehead Habitat Conservation Plan, and legal and staff

procedures, to deal with unforeseen circumstances will be prevented at

all times for threatened and endangered steelhead species and their

habitat.

and eliminated.

(d) All measures that the USNMFS must require as being necessary or

appropriate must prevent jeopardy to endangered and threatened steelhead

and must be in accordance with state and federal law and regulations

which provide for the conservation and protection of California's

steelhead resources to the fullest extent.

(e) The taking of endangered and threatened steelhead species and their

habitat must be prohibited by the USNMFS in conjunction with any and all

incidental permit conditions issued and approved by the USNMFS.

(f) In cases when incidental take permits have not been issued by the

USNMFS, or applied for, the USNMFS should take immediate enforcement

action in preventing jeopardy and harm to steelhead species and their

habitat.

(g) The USNMFS must develop a public mailing list so that the public has

the opportunity to provide comments to the USNMFS regarding completed

permit application. Notices in the Federal Register do not reach many

people. The USNMFS should provide the public with copies of the

completed permit application in cases when public interest organizations

and private citizens request said permit application information.

The CSPA wants to be assured that specific conditions in take permit

are in fact preventing harm and jeopardy to endangered steelhead and

their critical habitat in all waterways in Southern California.

15. The U.S. Department of Commence must increase the budget of the

USNMFS and increase its staffing of protecting and improving southern

steelhead populations and their critical habitat in order for the USNMFS

to prevent jeopardy and harm to these species pursuant to the federal

Endangered Species Act. Presently, the staffing of the USNMFS is

inadequate which may led to appropriate lawsuits against the USNMFS for

failing to protect species listed and protected under the provisions of

the federal Endangered Species Act.

16. The CSPA submits and references all water right protests and

complaints filed by the CSPA with the SWRCB, including all site-specific

comments to the USNMFS concerning the protection and improvement of

endangered southern steelhead populations and their habitat in Southern

California coastal rivers and streams.

17. The USNMFS must take immediate actions to prevent jeopardy to

endangered southern steelhead species and their habitat in the following

rivers and streams: (a) Santa Ynez River (Bradbury Dam); (b) Ventura

River (Robles Diversion) - Matilija Dam (Matilija Creek and tributaries)

- Casitas Dam (Coyote Creek); (c) Santa Clara River (Vern Freeman Dam) -

Diversion Dam (Santa Paula Creek); (d) Malibu Creek (Rindge Dam) - Tapia

Water Reclamation Facility (Flows - Water Quality); (e) Gato Creek

(flows); (f) San Mateo Creek; (g) Santa Margarita Creek; and (h) San

Luis Rey River. Immediate actions means: flows (all life stages), fish

screens, fish ladders, water quality, and removal of some dams.

18. Include the CSPA comments and recommendations into the records for

the development of critical habitat for southern California

steelhead.

Central Valley Steelhead - Threatened - Critical Habitat - Central Valley Rivers and Streams

The estimated population levels of Central Valley threatened steelhead is extremely low. Central Valley threatened steelhead were extinguished in much of this range. In the San Joaquin River watershed there are so few threatened steelhead that the USNMFS should name them and not count them. There are 314 diversions in the San Joaquin River Watershed of which only about 4 are screened. Consequently, threatened steelhead have been and are being entrained and harm at numerous diversions in the San Joaquin River Watershed.

One of the remaining threatened Central Valley steehead populations are located in the Lower Yuba River. The operations of New Bullards Bar Reservoir in conjunction with water transfers approved by the SWRCB has had major adverse impacts to critical habitat for threatened Yuba River steelhead. A recent (April) steelhead kill (juveniles - redds) in the Lower Yuba River due to the operations of YCWA's New Bullards Reservoir will likely have long term adverse impacts to this species in the watershed. The major impacts to critical threatened steelhead habitat is the operations of the Department of Water Resources' State Pumps in the South Delta, and major water projects in the Sacramento River and San Joaquin River watersheds and their tributaries.

The CSPA was a party to a petition before the USNMFS to list steelhead in California under the protection of the provisions of the federal Endangered Species Act. Central Valley steelhead species were listed as threatened by the USNMFS as a result of court actions carried by the Earth Justice Legal Defense Fund, in which the CSPA was a party with many other organizations representing the public.

The CSPA has standing on many Central Valley rivers and streams concerning the state's steelhead resources in water right matters before the SWRCB, including matters before the federal Energy Regulatory Commission.

Recommendations of the CSPA

Steelhead - Central Valley Range Lower Yuba River, Lower Mokelumne River, Sacramento River and Tributaries, San Joaquin River and Tributaries, San Francisco Bay and San Pablo Bay Tributaries

The following recommendations are based on the experiences and expertise of the CSPA in dealing with the state's water rights process and Central Valley steelhead habitat issues related to rivers and streams in Central Valley range.

1. The most important critical habitat requirement for Central Valley

threatened steelhead is water. Water equals habitat (all life stages).

i.e. Timely adult and juvenile flows for upstream and downstream

migration, and also rearing habitat. Existing water right permits and

licenses issued by the SWRCB must be amended by the California State

Water Resources Control Board (SWRCB) to provide water (habitat) and the

timing of migration flows for Central Valley threatened steelhead to

prevent their extinction.

The USNMFS must get involved in the state's water rights process in

order to require adequate daily flows and critical habitat requirements

for Central Valley threatened steelhead and their habitat (all life

stages). The USNMFS should file formal protests and formal complaints

with the SWRCB so that Central Valley threatened steelhead have adequate

amounts of water and critical habitat to survive. However, the USNMFS

could file a law suit against the SWRCB for failing to protect and

provide critical habitat for Central Valley threatened steelhead in

Central Valley rivers and streams.

The USNMFS must require that cumulative impacts analyses are prepared

in Central Valley watersheds where numerous diversions and/or major

diversions have likely had cumulative impacts to water quantity and the

timing of flows adversely affecting Central Valley threatened steelhead

and their habitat. The USNMFS should demand that before any water right

applications and change petitions are approved by the SWRCB, that the

SWRCB prepare Central Valley steelhead cumulative impact analyses with

mitigation measures pursuant to the SWRCB's public trust duties and

responsibilities. i.e. CEQA and NEPA requires that cumulative impacts

are disclosed and evaluated.

2. Another important critical habitat requirement is water quality.

Elevated water temperatures resulting from the cumulative diversions of

the state's water from Central Valley rivers and streams can adversely

affect Central Valley threatened steelhead (all life stages). With

meager flows flowing below diversion and major dams, water temperatures

can skyrocket adversely affecting cold water fish and aquatic species

such as Central Valley threatened steelhead. Existing water right

permits and licenses issued by the SWRCB must be amended by the SWRCB to

provide water (habitat) and adequate water quality for Central Valley

threatened steelhead to prevent their extinction so that elevated water

temperatures do not jeopardy their existence.

The USNMFS should enforce the federal Clean Water Act and the federal

Endangered Species Act, and take immediate actions to prevent elevated

water temperatures adversely affecting Central Valley threatened

steelhead (all life stages).

3. Another important critical habitat requirement is the screening of

surface diversions with state of the art fish screens to prevent harm

and injury to Central Valley threatened steelhead (all life stages). All

existing surface diversion should be required to be screened by the

USNMFS with state of the art fish screens to prevent harm and injury to

Central Valley threatened steelhead. Many diversions in the Sacramento

River watershed have been screened, however on the Lower Yuba River,

diversions must be screened to prevent harm and injury to Central Valley

threatened steelhead.

In the San Joaquin River Watershed there are 314 diversion of which

only about 4 diversions are screened.

The USNMFS should require the screening of all diversions with state of

the art fish screens on Central Valley rivers and streams which sustain

Central valley threatened steelhead to prevent entrainment and harm to

these species (all life stages). Diverters should be required to fund

the costs and maintenance of said fish screens.

4. Another critical habitat requirement is the monitoring of flow and

Central Valley threatened steelhead habitat conditions in watersheds of

the Central Valley where critical habitat has been adversely affected

from either authorized or unauthorized water diversions.

The USNMFS should monitor Central Valley threatened steelhead habitat

in Central Valley rivers and streams and take enforcement actions

against diverters, and also with the SWRCB, to improve critical habitat

being adversely affected by diversions.

5. Another critical habitat requirement is having diverters obtain

"conditioned take permits" from the USNMFS. All diverters diverting and

storing water from Central Valley rivers and stream should be required

by the USNMFS to obtain conditioned take permits to prevent harm and

injury to Central Valley threatened steelhead and their habitat.

Through the take permit process pursuant to the federal Endangered

Species Act, the CSPA believes the USNMFS can require as conditions,

adequate and timely flows, adequate water quality conditions, and the

screening of diversions.

6. Another critical habitat requirement is having all dam owners and

diversion owners with state water right permits and/or licenses being

required to release or bypass at all times adequate daily flows to keep

in good condition Central Valley threatened steelhead and their habitat

that exist below the dams and diversions. See Section 5937 of the

California Fish and Game Code; also Section 782 of the California Code

of Regulations, Title 23. i.e. YCWA's Bullards Bar Reservoir - Lower

Yuba River Associated Diversions to Feather River; - EBMUD's Pardee and

Camanche Dams - Lower Mokelumne River to Bay Delta; - USBR's Black Butte

Dam - Stony Creek to Sacramento River; USBR Friant Dam - San Joaquin

River; MID's New Exchequer Dam - Merced River; PG&E's Battle Creek

Project - Battle Creek; etc.

The USNMFS should require releases of flows or the bypass of flows

below all dams and diversions to protect Central Valley threatened

steelhead populations and their habitat pursuant to the state and

federal law, including the provisions of the federal Endangered Species Act.

7. Another critical habitat requirement is having riparian diverters and

pre-1914 water right diverters being required by the USNMFS to release

and/or bypass at all times adequate daily flows to keep in good

condition Central Valley threatened steehead and their habitat that

exist below the dams and diversions. In necessary cases, the USNMFS

should take enforcement and legal actions against riparian and pre-1914

diverters when the diversion of the state's water is adversely

jeopardizing and harming Central Valley threatened steelhead and their

habitat. Riparian diverters and Pre-1914 water right diverters are

subject to the federal Endangered Species Act.

8. Another critical habitat requirement is having fulltime flow

measuring devices below all diversions and dams to record the daily and

hourly flows.

The USNMFS should monitor daily USGS and other flow recording station,

and take appropriate enforcement actions against upstream diverters when

flows appear to be below minimum requirements for Central Valley

threatened steelhead and their critical habitat.

9. Another critical habitat requirement is having the USNMFS recommend

and require the SWRCB to take administrative and legal actions against

the unauthorized uses and diversions of the state's water in Central

Valley river and streams where Central Valley threatened steelhead

exist.

10. Another critical habitat requirement is having the USNMFS take

immediate enforcement actions against diverters when steelhead kills

occur affecting Central Valley threatened steelhead populations in

Central Valley watersheds. Enforcement actions should included penalties

(Clean Water Act) and conditions that prevent that event from occurring

again, including mitigation measures such as improving flow and water

quality conditions. i.e. Lower Yuba River; April 1998.

11. Another critical habitat requirement is preventing fluctuating flows

from dam and diversion operations from adversely dewatering rivers and

streams below dams and diversions adversely impacting steelhead redds

and juvenile steelhead (critical habitat).

The USNMFS should take formal administrative and legal actions with

federal and state agencies such as the SWRCB and the Federal Energy

Regulatory Commission (hydropower projects) with the authority to

prevent fluctuating flows adversely harming and injuring Central Valley

threatened steelhead, and require that the reductions of flows are

reduced gradually over either a 24 or 48 hour period to prevent jeopardy

to Central Valley threatened steelhead (all life stages). i.e. Bullards

Bar Reservoir - Lower Yuba River - FERC Project No. 2246 and Water

Rights Permits Issued by the SWRCB.

12. Another critical habitat requirement is for the USNMFS getting

formally involved in the licensing and relicensing of federal hydropower

projects in rivers and streams in the Central Valley authorized by the

Federal Energy Regulatory Commission affecting waterways where Central

Valley threatened steelhead populations and their habitat exist and are

affected by the operation of those federal licensed dams and diversions.

13. Another critical habitat requirement is in the event Central Valley

threatened steelhead declined to any degree, that the USNMFS must list

these species as endangered immediately under the protection of the

provisions of the federal Endangered Species Act.

14. The USNMFS must conducted emergency consultations in all ESU areas

where disaster and calamity has adversely effected and jeopardized

threatened steelhead species and their habitat. i.e. Arroyo Grande Creek

(steelhead kills); Lower Yuba River (steelhead kills; Carmel River

(steelhead kills), etc.

15. The USNMFS is required to issue incidental take permits, after

opportunity for public comments (due process). The CSPA recommends the

following has been fully met:

(a) The applicant or the unauthorized action will fully minimize and

fully mitigate the impacts of such taking of steelhead to the maximum

extent.

(b) The applicant or the unauthorized action will ensure that adequate

funding for the Steehead Habitat Conservation Plan, and legal and staff

procedures, to deal with unforeseen circumstances will be prevented at

all times for threatened and endangered steelhead species and their

habitat.

and eliminated.

(d) All measures that the USNMFS may and must require as being necessary

or appropriate must prevent jeopardy to endangered and threatened

steelhead and must be in accordance with state and federal law and

regulations which provide for the conservation and protection of

California's steelhead resources to the fullest extent.

(e) The taking of endangered and threatened steelhead species and their

habitat must be prohibited by the USNMFS in conjunction with any and all

incidental permit conditions issued and approved by the USNMFS.

(f) In cases when incidental take permits have not been issued by the

USNMFS, or applied for, the USNMFS should take immediate enforcement

action in preventing jeopardy and harm to steelhead species and their

habitat.

(g) The USNMFS must develop a public mailing list so that the public has

the opportunity to provide comments to the USNMFS regarding completed

permit application. Notices in the Federal Register do not reach many

people. The USNMFS should provide the public with copies of the

completed permit application in cases when public interest organizations

and private citizens request said permit application information.

The CSPA wants to be assured that specific conditions in permit are in

fact preventing harm and jeopardy to endangered and threatened steelhead

and their critical habitat in all waterways in California.

16. In all ESU areas where steelhead have been listed as threatened, the

USNMFS must issue regulations immediately to prevent harm and jeopardy

to threatened steelhead species and their habitat in accordance with

Section 4(d) of the federal Endangered Species Act. It would be

unreasonable for the USNMFS to delay Section 4(d) regulations when

threatened steelhead and their critical habitat is at risk.

17. Any and all written and/or verbal agreements between the USNMFS and

the State of California concerning the development of critical habitat

and the protection of any threatened and endangered species, including

any and all proposals to list salmonids, should be subject to full

public disclosure, allowing for public comments, and in accordance with

the provisions of the federal Endangered Species Act, and other federal

statutes.

The USNMFS should not turnover its federal duties and responsibilities

under the federal Endangered Species Act and other federal statues to

the State of California and any of its agencies to protect and provide

critical habitat for Central Valley threatened steelhead. The State of

California has a track record for failing to protect and provide

critical habitat for Central Valley threatened steelhead. That is the

very reason Central Valley threatened steelhead were listed as

endangered for protection under federal law.

18. The U.S. Department of Commence must increase the budget of the

USNMFS and increase its staffing of protecting and improving Central

Valley threatened steelhead populations and their critical habitat in

order for the USNMFS to prevent jeopardy and harm to these species

pursuant to the federal Endangered Species Act. Presently, the staffing

of the USNMFS is inadequate which may led to appropriate lawsuits

against the USNMFS for failing to protect species listed and protected

under the provisions of the federal Endangered Species Act.

19. The CSPA submits and references all water right protests and

complaints filed by the CSPA with the SWRCB, petitions of interventions,

complaints, and comments filed with the Federal Energy Regulatory

Commission, and comments to the USNMFS concerning the protection and

improvement of threatened Central Valley steelhead populations and their

habitat in rivers and streams in the Central Valley range of California.

20. The USNMFS must take immediate actions to prevent jeopardy to

threatened Central Valley steelhead species and their habitat in the

following rivers and streams: (a) San Joaquin River Watershed (screening

of unscreened diversions - 310 unscreened diversions); (b) Friant Dam

(flows); (c) Merced River (New Exchequer Dam - flows, water quality, and

fish screens); (d) Lower Yuba River (New Bullards Bar Dam) - Unscreened

Diversions - Removal of Englebright Dam; (e) Lower Mokelumne River

(Pardee Dam - Camanche Dam - Woodbridge Diversion Dam - flows); (f)

Stony Creek (Black Butte Dam - flows); (g) Battle Creek (Hydro Project -

access and flows)) (above Coleman Hatchery); (h) Cow Creek

(Restoration); (i) Clear Creek (Restoration) (Whiskeytown releases); (j)

Cottonwood Creek (Restoration) (Gravel Operations); (k) Richards Blvd

Intake (fish screen); (l) Deer Creek (Restoration); (m) Mill Creek

(Restoration); (n) Little Chico Creek (Restoration); (o) Antelope Creek

(Restoration); (p) Butte Creek (Restoration); (q) Auburn Ravine (water

quality - treatment plant) and (r) American River (flows - EBMUD);

Immediate actions means: flows (all life stages), fish screens, fish

ladders, water quality, and removal of some dams.

21. Include the CSPA comments and recommendations into the records for

the development of critical habitat for Central Valley threatened

steelhead.

Central California Coast Steelhead - Threatened - Critical Habitat - Central California Coastal Rivers and Streams and the South - Central Coast Steelhead - Threatened - South Central Coastal Rivers and Streams

The estimated population of threatened Central California coastal steelhead is very low. The Central California coastal steelhead were listed as threatened in August 1997 by the USNMFS. The Central California coastal steelhead in this ESU range should have been listed as endangered by the USNMFS. The Central California coastal steelhead spawning and rearing habitat is from the Russian River south to Soquel Creek in Santa Cruz County.

Coho salmon of the Central California coastal range were listed in 1996 by the USNMFS as threatened. There are fewer than 6,000 Coho salmon returning to spawn in this range. The USNMFS should have listed Coho salmon as endangered in this range. The reduction of Coho salmon has adversely affected the commercial ocean fishing industry.

The Russian River watershed is a good example of how the SWRCB did not protect critical spawning and rearing habitat for threatened Central California coastal steelhead when issuing water rights to diverters. There are over 1,200 water right permits and/or licenses issued by the SWRCB in the Russian River watershed. Also, there are well over 200 riparian and pre-1914 diversions. The critical and most important habitat is rearing habitat during summertime low flows in tributaries.

The Eel River threatened steelhead has been adversely impacted and harmed by PG&E's Potter Valley Hydropower Project. The Potter Valley Project (FERC Project No. 77) is licensed with the FERC, who issues long term licenses for as long as 50 years regardless of the effects to Central California coastal steelhead and other fish species and their habitat until the license expires and relicensing occurs. The issue of meaningful mitigation measures is presently ongoing with the Potter Valley Project, however a state of the art fish screen is being implemented where Eel River water is diverted (interbasin) to the Russian River. Unfortunately, the Eel River flows to the Pacific Ocean in the ESU which was not selected for listing by the USNMFS.

The steelhead species of the South- Central California range were listed as threatened by the USNMFS in August 1997. The estimated steelhead level is very low. The spawning habitat for the steelhead in the South - Central range is from the Pajaro River in Santa Cruz County to the Santa Maria River. The steelhead species of the South - Central range should have been listed as endangered by the USNMFS.

Recommendations of the CSPA

Steelhead - Central California Coastal Range and South - Central Range - Coastal River and Streams Russian River and Tributaries, Pajaro River, Salinas River, Carmel River and Tributaries, and San Luis Obispo County Coastal Streams

The following recommendations are based on the experiences and expertise of the CSPA in dealing with the state's water rights process and Central California steelhead habitat issues related to rivers and streams in Central California coastal range.

1. The most important critical habitat requirement for Central

California threatened steelhead is water. Water equals habitat (all life

stages). i.e. Timely adult and juvenile flows for upstream and

downstream migration, and also rearing habitat. Existing water right

permits and licenses issued by the SWRCB must be amended by the

California State Water Resources Control Board (SWRCB) to provide water

(habitat) and the timing of migration flows for Central Valley

threatened steelhead to prevent their extinction.

The USNMFS must get involved in the state's water rights process in

order to require adequate daily flows and critical habitat requirements

for Central California threatened steelhead and their habitat (all life

stages). The USNMFS should file formal protests and formal complaints

with the SWRCB so that Central Valley threatened steelhead have adequate

amounts of water and critical habitat to survive. However, the USNMFS

could file a law suit against the SWRCB for failing to protect and

provide critical habitat for Central California threatened steelhead in

Central California coastal rivers and streams.

The USNMFS must require that cumulative impacts analyses are prepared

in Central California watersheds where numerous diversions and/or major

diversions have likely had cumulative impacts to water quantity and the

timing of flows adversely affecting Central California threatened

steelhead and their habitat. The USNMFS should demand that before any

water right applications and change petitions are approved by the SWRCB,

that the SWRCB prepare Central California steelhead cumulative impact

analyses with mitigation measures pursuant to the SWRCB's public trust

duties and responsibilities. i.e. CEQA and NEPA requires that cumulative

impacts are disclosed and evaluated.

2. Another important critical habitat requirement is water quality.

Elevated water temperatures resulting from the cumulative diversions of

the state's water from Central California rivers and streams can

adversely affect Central California threatened steelhead (all life

stages). With meager flows flowing below diversion and major dams, water

temperatures can skyrocket adversely affecting cold water fish and

aquatic species such as Central California threatened steelhead.

Existing water right permits and licenses issued by the SWRCB must be

amended by the SWRCB to provide water (habitat) and adequate water

quality for Central California threatened steelhead to prevent their

extinction so that elevated water temperatures do not jeopardy their

existence.

The USNMFS should enforce the federal Clean Water Act and the federal

Endangered Species Act, and take immediate actions to prevent elevated

water temperatures adversely affecting Central California threatened

steelhead (all life stages).

3. Another important critical habitat requirement is the screening of

surface diversions with state of the art fish screens to prevent harm

and injury to Central California threatened steelhead (all life stages).

All existing surface diversion should be required to be screened by the

USNMFS with state of the art fish screens to prevent harm and injury to

Central California threatened steelhead.

The USNMFS should require the screening of all diversions with state of

the art fish screens on rivers and streams which sustain Central

California threatened steelhead to prevent entrainment and harm to these

species (all life stages). Diverters should be required to fund the

costs and maintenance of said fish screens.

4. Another critical habitat requirement is the monitoring of flow and

Central California threatened steelhead habitat conditions in watersheds

of the Central California where critical habitat has been adversely

affected from either authorized or unauthorized water diversions.

The USNMFS should monitor Central California threatened steelhead

habitat in Central California rivers and streams and take enforcement

actions against diverters, and also with the SWRCB, to improve critical

habitat being adversely affected by diversions.

5. Another critical habitat requirement is having diverters obtain

"conditioned take permits" from the USNMFS. All diverters diverting and

storing water from Central California rivers and stream should be

required by the USNMFS to obtain conditioned take permits to prevent

harm and injury to Central California threatened steelhead and their

habitat.

Through the take permit process pursuant to the federal Endangered

Species Act, the CSPA believes the USNMFS can require as conditions,

adequate and timely flows, adequate water quality conditions, and the

screening of diversions.

6. Another critical habitat requirement is having all dam owners and

diversion owners with state water right permits and/or licenses being

required to release or bypass at all times adequate daily flows to keep

in good condition Central Valley threatened steelhead and their habitat

that exist below the dams and diversions. See Section 5937 of the

California Fish and Game Code; also Section 782 of the California Code

of Regulations, Title 23. i.e. Russian River Watershed.

The USNMFS should require releases of flows or the bypass of flows

below all dams and diversions to protect Central Valley threatened

steelhead populations and their habitat pursuant to the state and

federal law, including the provisions of the federal Endangered Species Act.

7. Another critical habitat requirement is having riparian diverters and

pre-1914 water right diverters being required by the USNMFS to release

and/or bypass at all times adequate daily flows to keep in good

condition Central California threatened steehead and their habitat that

exist below the dams and diversions. In necessary cases, the USNMFS

should take enforcement and legal actions against riparian and pre-1914

diverters when the diversion of the state's water is adversely

jeopardizing and harming Central California threatened steelhead and

their habitat. Riparian diverters and Pre-1914 water right diverters are

subject to the Public Trust Doctrine; and the reasonable use and

diversion of the state's water pursuant to the California Water Code.

8. Another critical habitat requirement is having fulltime flow

measuring devices below all diversions and dams to record the daily and

hourly flows.

The USNMFS should monitor daily USGS and other flow recording station,

and take appropriate enforcement actions against upstream diverters when

flows appear to be below minimum requirements for Central California

threatened steelhead and their critical habitat.

9. Another critical habitat requirement is having the USNMFS recommend

and require the SWRCB to take administrative and legal actions against

the unauthorized uses and diversions of the state's water in Central

California river and streams where Central Valley threatened steelhead

exist.

10. Another critical habitat requirement is having the USNMFS take

immediate enforcement actions against diverters when steelhead kills

occur affecting Central California threatened steelhead populations in

Central California watersheds. Enforcement actions should included

penalties (Clean Water Act) and conditions that prevent that event from

occurring again, including mitigation measures such as improving flow

and water quality conditions.

11. Another critical habitat requirement is preventing fluctuating flows

from dam and diversion operations from adversely dewatering rivers and

streams below dams and diversions adversely impacting steelhead redds

and juvenile steelhead (critical habitat).

The USNMFS should take formal administrative and legal actions with

federal and state agencies such as the SWRCB and the Federal Energy

Regulatory Commission (hydropower projects) with the authority to

prevent fluctuating flows adversely harming and injuring Central

California threatened steelhead, and require that the reductions of

flows are reduced gradually over either a 24 or 48 hour period to

prevent jeopardy to Central Valley threatened steelhead (all life

stages). i.e. Lower Yuba River, April 1998.

12. Another critical habitat requirement is in the event Central Valley