Santa Clara River- Southern Steelhead March 4, 1998

Subject: Santa Clara River - Southern Steelhead

Date: Thu, 05 Mar 1998 10:40:58 +0000

From: BOB BAIOCCHI <cspa@psln.com>

Organization: CSPA

To: CSPA Board via email

BOB BAIOCCHI, CONSULTANT

P.O. BOX 357

QUINCY, CA 95971

BUS TEL: 530-836-1115

FAX: 530-836-2062

Mr. James Lecky, Chief March 4, 1998

Protected Species

U.S. National Marine Fisheries Service

501 West Ocean Blvd. Suite 4200

Long Beach, CA 90802-4213

Re: Santa Clara River Watershed; Endangered Southern Steelhead Trout;

Comments and Recommendations by the California Sportfishing Protection

Alliance

Dear Mr. Lecky:

The CSPA is seriously concerned about the protection and restoration of

the southern steelhead resources of the Santa Clara River Watershed. The

CSPA has standing on many coastal streams in southern California

concerning adverse impacts to endangered southern steelhead trout. The

southern steelhead species of the Santa Clara River Watershed were

listed by the U.S. National Marine Fisheries Service as endangered and

are protected pursuant to the provisions and requirements of the federal

Endangered Species Act.

The Vern Freeman Diversion Dam on the Santa Clara River did prevent the

upstream migration of endangered southern steelhead trout. However, the

dam was laddered. The Vern Freeman Division Dam did prevent the upstream

migration of endangered adult southern steelhead trout to Sespe Creek.

Sespe Creek is the largest tributary to the Santa Clara River and has

excellent steelhead trout habitat.

The Vern Freeman Diversion Dam may impede the upstream migration of

endangered southern steelhead trout. And riverflows below the dam may

not be adequate to keep endangered southern steelhead trout in good

condition at all times as required by state law. i.e. all water year

types.

We believe the United Water Conservation District, owner of the Vern

Freeman Diversion Dam, is in violation of the federal Endangered Species

Act because the District does not have a "take permit". We believe,

pursuant to the federal Endangered Species Act, the United Water

Conservation District should be required by the U.S. National Marine

Fisheries Service to obtain a "take permit" from the U.S. National

Marine Fisheries Service because this dam had damaged and may be

adversely affecting the passage of Santa Clara River endangered southern

steelhead trout.

Endangered adult southern steelhead trout need timely and adequate

daily attraction flows being released from the Vern Freeman Diversion

Dam to migrate into the Santa Clara River Watershed from the Pacific

Ocean for spawning and rearing purposes above the dam. The CSPA is

requesting that adequate releases of water for attraction flows is being

released daily by the United Water Conservation District from the dam

for the migration of endangered adult southern steelhead trout. The U.S.

National Marine Fisheries Service should conduct a field investigation

and correct any and all endangered adult southern steelhead trout

migration problems to protect this endangered species pursuant to the

provisions of the federal Endangered Species Act.

Endangered juvenile southern steelhead trout need adequate downstream

flows being released from the Vern Freeman Diversion Dam which enable

the young fish to migrate to the ocean. The CSPA is requesting that

adequate daily releases of water for downstream migration of endangered

juvenile southern steelhead trout is being released by the United Water

Conservation District at the dam for the successful migration of

endangered juvenile southern steelhead trout to the ocean. The U.S.

National Marine Fisheries Service should conduct field investigations

and correct any and all endangered juvenile southern steelhead trout

migration problems to protect this endangered species pursuant to the

provisions of the federal Endangered Species Act.

The fish ladder at the Vern Freeman Diversion Dam appears to be in the

wrong location which does not enable endangered adult southern steelhead

trout to migrate successfuly above the dam. The U.S. National Marine

Fisheries Service should conduct field investigations and correct any

and all endangered adult southern steelhead trout passage problems at

the dam to protect this endangered species pursuant to the provisions of

the federal Endangered Species Act.

The diversion works associated with the Vern Freeman Diversion Dam may

not be screened or adequately screened to prevent injury and harm to

endangered juvenile southern steelhead trout. The entrainment of

endangered juvenile southern steelhead trout in the diversion works

would injury and harm this species, would constitute a "take", and would

violate the federal Endangered Species Act. The U.S. National Marine

Fisheries Service should conduct field investigations and correct any

and all endangered juvenile southern steelhead trout entrainment

problems at the dam to protect this endangered species pursuant to the

provisions of the federal Endangered Species Act.

Santa Paula Creek is a tributary to the Santa Clara River watershed.

There is suitable steelhead habitat in the Santa Paula Creek headwaters.

Santa Paula Creek still contains about 10 miles of good steelhead trout

spawning and rearing habitat. It was reported in 1996 that access to

these spawning and rearing areas is currently blocked by a small

diversion dam. Remnants of a fish ladder on the west side of the

diversion dam shows it was laddered at one time.

The U.S. National Marine Fisheries Service should conduct an

investigation to determine removal of the small diversion dam and/or the

laddering of the small diversion dam for successful passage of

endangered adult southern steelhead trout, including screening the

diversion.

Recommendations by the California Sportfishing Protection Alliance

Pursuant to the requirements of the federal Endangered Species Act, the

U.S. National Marine Fisheries Service should take the following actions

to prevent jeopardy and harm to endangered southern steelhead trout:

1. Bring the United Water Conservation District into full compliance

with the federal Endangered Species Act by enforcement action, and

require the District to obtain a conditioned "take permit" to protect

endangered southern steelhead trout species (all life stages) at the

Vern Freeman Diversion Dam.

2. The U.S. National Marine Fisheries Service should conduct field

investigations and correct any and all endangered adult southern

steelhead trout upstream migration problems at the Vern Freeman

Diversion Dam to protect this endangered species pursuant to the

provisions of the federal Endangered Species Act.

3. The U.S. National Marine Fisheries Service should conduct field

investigations and correct any and all endangered juvenile southern

steelhead trout downstream migration problems at the Vern Freeman

Diversion Dam to protect this endangered species pursuant to the

provisions of the federal Endangered Species Act.

4. The U.S. National Marine Fisheries Service should conduct field

investigations and correct any and all endangered adult southern

steelhead trout passage problems associated with the fish ladder at the

Vern Freeman Diversion Dam to protect this endangered species pursuant

to the provisions of the federal Endangered Species Act.

5. The U.S. National Marine Fisheries Service should conduct field

investigations and correct any and all endangered juvenile southern

steelhead trout entrainment problems at the Vern Freeman Diversion Dam

diversion to protect this endangered species pursuant to the provisions

of the federal Endangered Species Act.

6. The U.S. National Marine Fisheries Service should conduct an

investigation to determine whether to remove the small diversion dam

and/or whether to construct a fish ladder at the small diversion dam on

Santa Paula Creek for successful passage of endangered adult southern

steelhead trout.

7. The U.S. National Marine Fisheries Service should conduct an

investigation to determine whether the small diversion dam diversion is

screened to prevent injury and harm to endangered southern steehead

juvenile trout and other fish species.

A written response is requested concerning what actions the U.S.

National Marine Fisheries Service propose to do regarding the above

recommendations.

If there are any questions, I can be reached at my office at

530-836-1115.

Respectfully Submitted

SIGNED BY BOB BAIOCCHI

_____________________________________________

Robert J. Baiocchi, Consultant

For: California Sportfishing Protection Alliance

P.O. Box 357

Quincy, CA 95971

cc: Mr. Dennis McEwan, Fishery Biologist

Inland Fisheries Division

Departent of Fish and Game

1416 Ninth Street

Sacramento, CA 95814

Brian Trautwein

Environmental Defense Center

906 Garden Street, Suite 2

Santa Barbara, CA 93101

Jim Crenshaw, President

California Sportfishing Protection Alliance

1248 East Oak Avenue, Suite D

Woodland, CA 95695

Interested Parties