Subject: Ventura River - Southern Steelhead
Date: Thu, 05 Mar 1998 16:18:12 +0000
From:
BOB BAIOCCHI <cspa@psln.com>
Organization: CSPA
To: CSPA Board via email
March 5, 1998
Mr. James Lecky, Chief
Protected Species
U.S. National Marine Fisheries Service
501 West Ocean Blvd. Suite 4200
Long Beach, CA 90802-4213
Re: Ventura River Watershed; Endangered Southern Steelhead Trout;
Comments and Recommendations by the California Sportfishing Protection
Alliance
Dear Mr. Lecky:
As stated in our letter of March 4, 1998 to the U.S. National Marine
Fisheries Service regarding the Santa Clara River, the CSPA is also
seriously concerned about the protection and restoration of the southern
steelhead resources of the Ventura 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 Ventura 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 Ventura River at one time supported one of the largest runs of
endangered southern steelhead trout on the south coast. Restoring
endangered southern steelhead trout in the Ventura River Watershed will
be crucial to restoring the southern steelhead stocks. The river still
has adequate habitat to sustain endangered southern steelhead species.
There has been several reports of adult steelhead observed in the
Ventura River in 1993. According to the California Department of Fish
and Game, suitable habitat in the Ventura River Watershed exists in the
main stem and Matilija Creek, North Fork of Matilija Creek, San Antonio
Creek, and Coyote Creek.
The major obstacle to endangered southern steelhead trout restoration
in the Ventura River Watershed is blocked access to the headwaters of
the river, and also excessive water diversions. The Robles Diversion
Dam, the largest diversion on the river, was build by the U.S. Bureau of
Reclamation (USBR) in 1958 and is operated by the Casitas Municipal
Water District. The Robles Diversion Dam is about 14 miles upstream from
the Pacific Ocean and is the only major barrier to endangered southern
steelhead trout on the lower river.
The Robles Diversion Dam does not have a fish ladder because the USBR
did not incorporate this passage facility in the final design for the
dam. Installation of a fish passage facility at the Robles Diversion Dam
is central and the key to rehabilitating the endangered southern
steehead trout runs in the Ventura River Watershed. Providing safe fish
passage would allow access for the endangered southern steelhead trout
to about 2 1/2 miles of spawning and rearing habitat on Matilija Creek
and another 7 miles of habitat on the North Fork Ventura River.
The meager inadequate bypass flows from the Robles Diversion Dam often
causes a complete dewatering of the middle reach of the Ventura River in
violation of California Fish and Game 5937 and California Code of
Regulation; Title 23; Section 782.
Prior to the completion of Matilija Dam in 1948, steelhead had access
to about 10 miles of spawning habitat in Matilija Creek and its
tributaries. About 50% of the southern steelhead trout entering the
Ventura River spawned above the current site of Matilija Dam. A trap and
truck facility was constructed several years after the dam was completed
to transport adult southern steelhead trout upstream of the dam. The
operation trapped several adult southern steelhead trout and lasted for
only one year. Matilija Dam is essentially ineffective for flood control
and has limited value as a water supply storage facility (about 1,000
acre-feet of water).
We believe the USBR, builder of the Robles Diversion Dam, and Casitas
Municipal Water District, the operator of the Robles Diversion Dam, are
in violation of the federal Endangered Species Act because the USBR and
the District do not have a "take permit". We believe, pursuant to the
federal Endangered Species Act, the USBR and the 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 is adversely affecting the passage of Ventura River
endangered southern steelhead trout as well as not providing sufficient
daily amounts of flows below the dam to keep endangered southern
steelhead trout in good condition at all times as required by California
Fish and Game 5937 and California Code of Regulation; Title 23; Section
782.
Endangered adult southern steelhead trout need timely and adequate
daily attraction flows being released from the Robles Diversion Dam to
migrate into the Ventura River Watershed from the Pacific Ocean for
spawning and rearing purposes below the dam. The CSPA is requesting that
adequate releases of water for attraction flows are required to be
released daily by the Casitas Municipal Water District, in cooperation
with the USBR, 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 caused by the Robles
Diversion Dam to protect the endangered southern steehead trout species
pursuant to the provisions and requirements of the federal Endangered
Species Act.
Endangered juvenile southern steelhead trout need adequate downstream
flows being released from the Robles 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 are required to be released by the Casitas
Municipal Water District, in cooperation with the USBR, 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 caused by the Robles
Diversion Dam to protect endangered southern steehead trout species
pursuant to the provisions and requirements of the federal Endangered
Species Act.
There is no fish ladder at the Robles Diversion Dam, which constitutes
a barrier to endangered southern steelhead trout migrating to their
historic spawning areas. The U.S. National Marine Fisheries Service
should require that the USBR and the Casitas Municipal Water District
construct and maintain a state of the art fish ladder at the Robles
Diversion Dam which provides safe passage for endangered adult southern
steelhead trout to their historic spawning grounds pursuant to the
provisions and requirements of the federal Endangered Species Act.
The diversion works associated with the Robles Diversion Dam may not be
screened or adequately screened to prevent injury and harm to endangered
juvenile southern steelhead trout when the fish ladder is constructed,
as it should. 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 and requirements of the
federal Endangered Species Act.
The City of San Buenaventura (Ventura) operates a surface diversion and
several wells in the lower river. This has resulted in dewatering
portions of the lower river during summer and fall. The U.S. National
Marine Fisheries Service should require that the City of Venture provide
sufficient flows at all times to be bypassed from their surface
diversion and its wells to provide for safe passage and habitat for
endangered southern steehead trout species (all life stages).
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 U.S. Bureau of Reclamation and the Casitas Municipal Water
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 Robles 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 associated with the
operation of the Robles Diversion Dam to protect this endangered species
pursuant to the provisions and requirements 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 resulting from the
operation of the Robles Diversion Dam to protect this endangered species
pursuant to the provisions and requirements of the federal Endangered
Species Act.
4. The U.S. National Marine Fisheries Service should require the U.S.
Bureau of Reclamation and the Casitas Municipal Water District to
construct and maintain a state of the art fish ladder for safe passage
of endangered southern steelhead trout to their historic spawning
grounds pursuant to the provisions and requirements of the federal
Endangered Species Act.
5. The U.S. National Marine Fisheries Service should require the U.S.
Bureau of Reclamation and the Casitas Municipal Water District to
release daily amounts of water at all times from the Robles Diversion
Dam which keep endangered southern steelhead trout (all life stages) in
good condition at all times from the dam to the Pacific Ocean, pursuant
to the provisions and requirements of the federal Endangered Species Act
and state law.
6. The U.S. National Marine Fisheries Service should require the removal
of the Matilija Dam and/or modification to the Matilija Dam which would
allow safe passage for endangered southern steelhead trout to their
historic spawning grounds above the dam pursuant to the provisions and
requirements of the federal Endangered Species Act.
7. The U.S. National Marine Fisheries Service should require the City of
Ventura to bypass sufficient daily amounts of flows below their surface
diversion, and also below their wells that keep in good condition at all
times endangered southern steelhead trout (all life stages) pursuant to
the provisions and requirements of the federal Endangered Species Act.
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
BUS TEL: 530-836-1115
FAX: 530-836-2062
cc: Mr. Dennis McEwan, Fishery Biologist
Inland Fisheries Division
Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95814
Mr. Brian Trautwein
Environmental Defense Center
906 Garden Street, Suite 2
Santa Barbara, CA 93101
Mr. Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
Mr. Michael R. Sherwood, Esquire
Earthjustice Legal Defense Fund
180 Montgomery Street, Suite 1725
San Francisco, CA 94104-4209
Mr. Roger Patterson, Regional Director
U.S. Bureau of Reclamation
U.S. Department of the Interior
2800 Cottage Way
Sacramento, CA 95825
Project Superintendent
c/o Mr. Carl Dealy
U.S. Bureau of Reclamation
U.S. Department of the Interior
Fresno Office
2666 North Grove Industrial Drive, Suite 106
Fresno, California 93727-1551
Interested Parties