|
|
CSPA Advisory - 12.7.07aCourt Orders Delta Export Reductions!Below you will find a summary of the recent court ruling that mandated a reduction in Delta exports at certain times of the year to better protect Delta smelt from the impacts of the state and federal water projects. The court’s ruling was based on the best science available, a principle the Interior Department neglected to use. You will also find a statement by Congressman George Miller regarding this decision. Miller’s legislation, the Central Valley Project Improvement Act, when passed in 1994 endeavored to prevent fishery populations from ever declining to point where extinction was imminent. By suppling water and money to fix serious problems, it aimed at helping to restore the estuary and doubling anadromous fish populations. While some positive action were taken, a good deal of the water dedicated to the fish and the estuary found administrative escape routes to the agricultural contractors following the G.W. Bush administration’s take over of the Interior Department. Under the federal Endangered Species Act (ESA) once a species is listed, either the National Marine Fishery Service or the US Fish & Wildlife Service prepares a “biological opinion” that describes the biological status of the specie and the actions necessary to protect it from extinction, based on the best scientific knowledge. But remember there are the other folks who know this requirement, but who look for ways to minimize such protections so natural resource development and business activities can continue as usual. They think they are helping the country and campaign contributors, but their actions only make the forces that result in extinction worse. Unfortunately, the Delta smelt have become a clear example of what’s wrong with politics trumping science. In the case of the Delta smelt and a number of other species listed by the US Fish & Wildlife Service, high level Department of Interior decision makers found ways to minimize protections illegally. It seems abundantly clear that the apple didn’t fall very far from the tree. Most of these folks are, or were, appointed Bush administration. John Beuttler, Conservation Director COURT ORDERS PROTECTION OF DELTA SMELT Based on his rulings of May and August of this year, U. S. District Court judge Wanger issued a final ruling on December 14th that Delta water export must be substantially reduced to protect the Delta smelt from potential extinction in accordance with its status as an endangered species. (The judge's entire order in Case 1:05-cv-01207-OWW-GSA is available at http://www.earthjustice.org/library/legal_docs/delta-smelt-final-remedy-order.pdf) Wanger ruled in May that the U.S. Fish & Wildlife Service made a faulty estimate of the risk to Delta smelt from the impacts of the state and federal water projects plan to exporting some 7 million acre feet of water out of the Delta (Some 85% of that water goes to agricultural contractors). That biological opinion was made under intense pressure from the federal Department of Interior to permit increases in water export from the Delta. The Wanger court has ruled the biological opinion was illegal and it must be rewritten to properly protect the smelt. Most people aren’t going to understand why such a fuss is being made over this small 3 inch fish. But many of us were around when the Delta smelt was among the most abundant forage fish in the Delta, a food source that helped drive foodweb interactions necessary for ecosystem productivity. It fueled a bountiful web of life for the entire estuary. Since the Delta smelt are an indicator of the health of the entire Bay - Delta ecosystem, they are representative of a much larger decline in Delta fisheries. Species such as striped bass, longfin smelt, threadfin shad, American shad and sturgeon have also suffered extensive declines that threaten their viability as species. It is hoped that the court decision will not be too late to help save the Delta’s fisheries. We know there will be benefits to leaving more fresh water in the estuary to help restore its ecosystem, but we don’t know the extent of those benefits. "We hope this order will help stem the crash of the Delta's fisheries and its ecosystem," said Kate Poole, an attorney with the Natural Resources Defense Council. "Continuing to destroy the Delta's ecosystem is not just bad for fish; it's bad for people." The recent decline of the delta smelt and other species coincides with To better protect the Delta smelt from the impacts of water export, the water project’s must reduce export levels back to those of the year 2000 and halt all plans to increase exports. We commend Earthjustice and NRDC for prevailing in this landmark litigation for a host of environmental and fishery groups! Let’s not forget that the Biological Opinion for those runs of Central Valley salmon listed under the ESA are still in court waiting for a decision that may well further roll back exports. The evidence we are aware of clearly points to politics trumping biological science in this biological opinion as well. # # # Rep. Miller Statement on the Delta Smelt RulingWASHINGTON, DC - Congressman George Miller (D-Martinez), the former chairman of the House Natural Resources Committee and author of several key water reform laws, issued the following statement upon the release of the December 14th order by U.S. District Court Judge Oliver Wanger: Scientific Survey Finds Delta Smelt& Other Fish Continue Spiral DownwardThe delta smelt and other Delta fish populations continue to plummet towards extinction, according to data from the latest fall midwater trawl survey conducted by the California Department of Fish and Game. Although toxics and invasive species play a role in the pelagic organism decline of delta smelt, longfin smelt, juvenile striped bass and threadfin shad, government biologists and fishery conservation groups generally agree that increases in water exports are the main factor in the aquatic foodweb collapse. “The majority of these water exports consist of subsidized irrigation water that goes to agribusiness for subsidized crops that require subsidies to control and dispose of their drainage water,” said Bill Jennings, CSPA’s executive director. We also note that when it comes time to spend money to restore fisheries damaged by water development, the public often subsidizes those expenditures to the tune of billions of dollars in California. How many subsidizes do agricultural business really need? If the governor has his way with his proposed bond measure, then the dams he wants to build we be paid for by tax payers many of whom will probably think it’s the price they must pay for their drinking water supplies! The DFG has conducted this trawl net survey of Delta fish populations every fall for the past 40 years. This November the Delta smelt measurement was the second lowest on record. The longfin smelt also continued their huge dive as did Sacramento splittail, threadfin shad, American shad, and striped bass. Jennings is exasperated that state and federal government agencies entrusted with the powers to take care of the public’s fish, wildlife and their habitat are not performing their duty to protect these valuable natural resources. “The bottom line is that we are now witnessing a crash of our fishery resources and the state and federal government agencies are unable to exercise their ability to protect public trust resources,” said Jennings. # ESWR Update (5/1/07)
|