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California Fish & Game Releases Draft Suction Dredge Mining Regs

February 29, 2012, by Tom Chandler 2 comments

The Department of Fish & Game has issued revised draft regulations for suction dredge use, including a sizable list of waters where suction dredge mining is limited (.pdf alert).

(The streams & rivers are organized by county and the list is long, so search for your county.)

One sizable improvement over the prior regs is the creation of coldwater refugia near the mouths of streams entering the Klamath. And they’ve created several levels of closure.

Keep in mind a moratorium exists on suction dredge mining; these are draft regulations, and you can still offer comment:

Public Comment

This from the Department of Fish & Game website:

Public Comment: The opportunity for public review of the revised regulations begins on Friday, February 17, 2012. The public comment period closes at 5:00 p.m. on Monday, March 5, 2012. All comments must be postmarked or received by DFG on or before that date and time. The revised regulations, all related written comments received by DFG, including the names and addresses of commenters, and DFG’s responses to written comments, will be included in the DFG’s official public record.

Please mail or hand-deliver written comments to DFG at: Suction Dredge Program, Revisions to Proposed Amendments, Department of Fish and Game, Northern Region, 601 Locust Street, Redding, CA 96001.

Written comments may also be submitted to DFG via email at: dfgsuctiondredge@dfg.ca.gov. Please include the following in the subject line for all comments submitted via email: Comments re Revisions to Proposed Amendments. DFG expects to release the related Final Subsequent Environmental Impact Report on March 7, 2012.

The Worst Legislation Of The Week (So Far): H.R. 1837 (or, Bye-Bye, Salmon & Steelhead)

February 28, 2012, by Tom Chandler No comments yet

The insanity that is California’s Water Wars is playing out in legislation before that that most R.P. McMurphy-esque of institutions — the House of Representatives.

H.R. 1837 is a bill that would essentially strip away protections for salmon and steelhead in the California Delta, reversing California Water law and creating what amounts to a giant giveaway for big agribusiness (including Axis of Evil Members Westland’s Irrigation District).

Unamusingly, it might be up for a vote this week.

CalTrout’s written a letter damming this bad bill (read it here).

Seen enough? You can simply kick some congressional butt here.

See you online, Tom Chandler.

The Project To Raise Shasta Dam, Flood Upper Sac, Pit & McCloud Rivers Moves Forward

February 21, 2012, by Tom Chandler 4 comments

 

The Bureau of Reclamation recently released their draft feasibility study which concluded that raising the Shasta Dam 18.5 feet (flooding reaches of the McCloud, Upper Sac and Pit Rivers in the process), was “cost effective” and “feasible.”

Great.

And because it’s a typical Bureau of Reclamation project, they appear to be playing games with the cost allocations, suggesting that this boon to junior water rights holders like Axis of Evil Member Westlands Water District won’t end up costing irrigators their fair share (as this Redding Record-Searchlight editorial wisely points out):

But the feasibility study released this week that concludes enlarging the dam and reservoir is both possible and cost-effective makes a curious argument. A bigger dam isn’t just coincidentally good for the fish. Rather, they are the major beneficiary — with more than 61 percent of the bigger dam’s benefits attributed to fish and wildlife enhancement, as opposed to irrigators, urban water users, and hydroelectric customers.

That means 61 percent of the projects costs — roughly $655 million, according to the estimates released this week — are not “reimbursable.” That is, they couldn’t be added to water users’ bills. Instead, presumably, the taxpayers at large would be on the hook.

Sorry, but this smacks of a shell game. The people who stand to gain from a deeper Lake Shasta are the owners of major agribusinesses with iffy junior water rights prone to cutbacks in dry years — among them the San Joaquin Valley’s Westlands Water District. They benefit both from the extra water itself, and from the steps to improve fisheries, which ultimately aim to remediate the damage done by the Central Valley Project and avert further potential water cutbacks related to endangered-species protection.

For some — like Westlands — the taxpayer-funded handouts never really stop.

Longtime readers will remember that Westlands purchased the private Bollibokka Fishing Club in order facilitate dam raising (though at one point they were exploring the possibility of annexing the Bollibokka into their lower Central Valley irrigation district to get a higher water right).

Going through all the reports is a mind-numbing task, but one thing quickly becomes clear; inundation of the Sacramento and Pit Rivers simply aren’t considered a problem.

They’re not even mentioned in the “Major Topics of Interest” section.

Nor could I quickly find any actual numbers as to the amount of those rivers that would be lost.

The McCloud River offers up a few special challenges to those who would flood a little more of it, which are acknowledged in this document.

Astonishingly, in a search to discover just how much of the McCloud would be lost, I found this throwaway statement:

Specific information is lacking concerning the river reach that could periodically be inundated if Shasta Dam and Shasta Lake were enlarged because the lands along this part of the river are privately owned and access for biological and other surveys has been limited; therefore, general information concerning the lower McCloud River as a whole is provided for some resource areas. This section also includes a brief description of the current transition reach (see Figure 25-1) because the reach of the river that would be newly inundated would likely take on the characteristics of the existing transition reach.

Uhh, the people who want to raise the dam don’t want to be bothered to learn what we’re going to lose?

Forgive me for suspecting that the Bureau of Reclamation has little interest in discovering exactly how much river we’d lose.

While the McCloud has never been protected by a Wild & Scenic Rivers designation, it has been offered some protection at the state level:

The legislature instead passed an amendment to the California Wild and Scenic Rivers Act to protect the river’s free-flowing condition and the river’s fishery below McCloud Dam through the State PRC.

This provides a certain barrier to raising the dam, as does the existence of a number of sacred sites for the Winnemem band of the Wintu Indians, who lost the majority of their lands when the dam was built, and stand to lose what little is left.

This band of Wintu aren’t — for some reason — afforded federal status, and you can expect that little dodge to cost someone their ancient burial ground.

Given the pressures on California’s overpromised water supplies — and the money at stake from groups like Westlands, who would like to get more of their allocations, which they can sell at a premium price elsewhere — I get a sense of inevitability about this whole mess, and if it does happen, you can only hope the Bureau and the water users who benefit are forced to mitigate for the lengths of river we’d lose.

There are many dimensions to this mess — far more than I can cover here — but there’s more to come.

See you on the river (maybe the lower bit of the Upper Sac) while we can still fish it, Tom Chandler.

Siskiyou County Politics & Klamath Dam Removal: A Comedy Dream Team?

February 16, 2012, by Tom Chandler 25 comments
Shasta River Chinook Salmon

While Siskiyou County ranks pretty far down the list of California counties in terms of economic output, its comedic potential remains unchallenged.

For some time, I’ve been trying to write a comprehensive piece about river access, dam removal and salmon recovery in Siskiyou County — and the vicious, detached-from-reality politics surrounding them — but it’s like trying to drink from a fire hose pumping “crazy” instead of water.

Instead, I decided to feed the Undergrounders the crazy in bite-sized chunks, starting with today’s post, which amounts to a singular appetizer: A Bold, Constitutionally Based Declaration From An Angry Voter That Just Happens To Be Wholly Wrong.

(Warning: those with nut allergies or an aversion to constitutional abuse may want to stop reading.)

Today’s nugget comes to us in a letter to the editor to the Siskiyou Daily News, where the writer takes a bold new tack in challenging the removal of the Klamath River dams.

Ownership.

You, as representatives of We The People, need to first fulfill your obligations to the U.S. Constitution that you all took an oath of office to uphold. As public servants, you are to uphold the constitutional rights of We The People, which includes the people of Siskiyou County, California. Not serve special interest groups.

As for the removal of dams within the borders of Siskiyou County, you will have to prove to us, the people of Siskiyou County, proof of private ownership of these dams by Pacific Corp. We are demanding the notarized Deed of Trust proving such ownership.

Wow. I never saw that one coming. But why is dam ownership even in question? He continues:

For the background of the dams within Siskiyou County, they were originally built within hard economic times by the Bureau of Reclamation to help create employment and produce power for the communities within our county.

Frankly, it gets better (see below), but one little tiny fact kinda ruins things early.

The dams weren’t built by the Bureau of Reclamation (this direct from the Bureau).

They were privately built and are privately owned.

Shasta River Chinook Salmon

The funny fish: A Shasta River salmon

Oh.

This is important because some people are wondering why Siskiyou County is trying to force a private company (PacifiCorp) to retain private structures which it no longer wants — dams which will require $450 million to retrofit to existing standards, and will then operate at a $20 million annual loss.

It’s an odd stance to be taken by a county government riddled with property rights extremists.

In fact, an objective observer might suggest it was a fairly socialist act [Gasp, Commies!].

You might dismiss this letter as the work of a single, factually challenged individual, but it’s not; it’s a “fact” that is rapidly gaining traction in this county, uttered by people who will also tell you — with a straight face — that the endangered Coho Salmon isn’t native to the Klamath watershed, so its ESA listing is unconstitutional (we’ll mine that rich comedy vein soon).

In other words, there are damned few facts supporting the dams, but in Siskiyou County, that’s when the real patriots stand up and start inventing their own.

After his early stumble, our letter writer keeps blasting away at shadows, using lots of Clearly Important Capitalized Words for ammo:

Public property belongs to We The People of the United States of America. Public property within Siskiyou County is under control of We The People of Siskiyou County. We are now taking it back.

Siskiyou County voted “no” on dam removal. Our dams will not be removed! That is our choice, not yours!

Siskiyou County public property is protected by our Siskiyou County Sheriff-Coroner Jon Lopey. He is an elected public official; a public servant. Yes, he will do his job and protect the rights of the citizens of Siskiyou County.

Now any state or federal agent coming to the dams within Siskiyou County will need to ask our sheriff-coroner’s permission.

Notice how “public” property isn’t really public, unless your concept of “public” extends only to the residents of this county (and it’s pretty clear the residents of the southern end don’t really count).

Also note the reliance on Sheriff Lopey to protect us from the meanies, despite the fact that county governments are extensions of the state government, and that state and federal “agents” have every right to enter this county without his permission.

Coming soon: Navigability and Is the Coho native?

See you in the comedy zone, Tom Chandler.

Only 10% of Mokelume River Salmon “Wild” Fish (or, Say Good-Bye, Native Populations)

February 15, 2012, by Tom Chandler No comments yet

In what I’ll suggest is not good news for California’s beleaguered salmon populations, a genetic study showed that only 10% of the fall-run chinook salmon in the Mokelume River are wild fish (from the SF Chronicle: Mokelumne hatchery salmon outnumber wild fish):

Wild chinook salmon are so outnumbered by hatchery-raised fish in the Mokelumne River that scientists fear they would die out if left to their own devices. Only about 10 percent of the fall-run chinook that spawn in the river are naturally born fish, according to a genetic study released this past week. The dismal count of wild fish, which experts believe would be just as bad in other California rivers, means there are not enough native chinook to sustain a natural population in the river.

We’ve so decimated our wild salmon runs with hatchery fish — which offer the double-whammy of overpowering wild fish numbers while weakening their genetics — that in many cases, they wouldn’t survive without a hatchery.

Which only makes things worse.

See you on the river, Tom Chandler.

Mammoth Learns What LA’s Water Thirst Feels Like

February 4, 2012, by Tom Chandler 4 comments

The Los Angeles Department of Water and Power is not on the Christmas Card list of a lot of Sierra towns, who struggle with the agency’s predatory approach to water.

Mammoth wants to reposition the water gage it uses to measure flows in Mammoth Creek, and LADWP has filed suit challenging their right to do so. This quote doesn’t spell out the details (you can get those here), but you can definitely feel the love:

Norby accuses the enormous L.A. agency of deafness and bad science. “It’s fundamentally false and without merit,” he said. “Less than 1 percent of their water is exported from here. We’ve told them the amount is immeasurable, but they won’t listen.”

A host of environmental agencies signed off on the proposal to change the measuring point for bypass flow, a point emphasized by the local water district’s director.

“These are the experts, the people who really serve the public interest,” he said.

“Their endorsement stands in clear rebuttal to the statements made by the LADWP, which are indicative of the quality of the facts they’re working with,” he added.

“They have no grasp on the basics.”

Norby believes that Los Angeles is simply continuing its 100-year-old campaign of expansion and take over. “They are trying to take away rights that Mammoth Community has exercised for half a century,” he said.

And this love letter:

Calls to the L.A. water agency were met with silence or revealed a lack of knowledge of journalistic practice. Jana Sidley, the Deputy City Attorney on the case, directed calls Chris Plakos, who said he could not comment on the case because the matter was in litigation.

“A reporter for a courthouse news service should have known that,” Plakos added despite the fact that lawyers are regularly televised commenting on ongoing litigation from the courthouse steps, and that Courthouse News regularly includes quotes from lawyers about ongoing litigation.

Norby suggested that obduracy and inpenetrability are the agency’s stock in trade.

“It took six months of effort just for us to get a meeting with them,” he said. “It will likely take many more years of litigation and cost the rate payers millions in legal and consulting fees before anything gets done,” he added. “They’re impenetrable.”

See you remaking Chinatown, Tom Chandler.

More Proof: Hatchery Salmon & Steelhead Actually Damaging Wild Fish Populations

January 3, 2012, by Tom Chandler 5 comments

Another study supports the fact that hatchery salmon and steelhead experience relatively dismal survival rates in the wild — more ammunition for advocates for wild fish (and often, dam removal).

Salmon born in captivity become domesticated in as little as one generation, a new study finds, explaining why hatchery-born fish don’t do as well as wild-born ones in Oregon rivers.

Researchers created an enormous fish family tree using genetic samples from 12,700 steelhead trout (which are in the same family as salmon) returning from the sea to Oregon’s Hood River to spawn. This fishy pedigree revealed the fish that spawned well in hatcheries had offspring that spawned poorly in the wild.

Later, the article quoted a steelhead hatchery fish survival rate only 80% that of wild fish. And the concern is that “hatchery” genes — which result in higher reproduction in hatcheries, but far lower reproduction in the wild — would suppress natural steelhead populations.

In other words, wild fish good, hatchery fish bad. On a lot of levels.

The article makes some intersting points, and is well worth a read.

Ted Williams Interviewed at Trout Unlimited

December 19, 2011, by Tom Chandler 4 comments

Trout Unlimited (the other, less-famous TU) published an interview with Underground Fav Environmental Writer Ted Williams — a man famous for his uncompromising takes on today’s environmental issues.

He and John Gierach are the reasons I still subscribe to one of the Big Three fly fishing magazines, and while you should read the short interview in its entirety, I’ll excerpt one of the questions here:

It has to be frustrating and depressing at times being a conservation writer in this age of widespread habitat damage and loss—what keeps you going?

What keeps me going is that I’m old enough to remember how far we’ve come. When I went to work for the Massachusetts Division of Fisheries and Wildlife there was no Clean Water Act, no Clean Air Act, no Endangered Species Act, no Environmental Protection Agency. I recall arguing with a fisheries biologist about DDT. “It will never be banned,” he proclaimed. Two years later when it was banned he said, “The ban won’t make a difference.” Since the 1920s my family has had a camp on a New Hampshire Lake. Eagles and loons had never been seen there by any of my relatives until about 20 years ago. Last week two bald eagles spent most of the morning in one of our big pines, and we heard loons all night.

In the face of invasive species, dewatering, access issues and an energy development free-for-all, it’s sometimes hard to remember just how bad things had gotten before they started getting better.

I’d suggest that’s a healthy perspective, at least if you want to avoid burnout.

Finally, I’ll leave you with Williams’ always-provocative thought about the incredible growth in “canned” hunting (where often semi-tame animals are hunted in enclosures):

Real hunting is to canned hunting what holy matrimony is to prostitution.

See you fighting the good fight, Tom Chandler.

Did the Canadian Department of Fisheries and Oceans Try to Coverup Evidence of Deadly Fish Virus?

December 3, 2011, by Tom Chandler 4 comments

Recently, West Coast fisheries managers were troubled by reports that a deadly virus — which had decimated salmon farms in Scotland and Norway — had appeared in wild salmon in the Pacific Northwest.

Now it appears the Canadian government knew of positive test results as early as 2004, but refused their biologists permission to publish the findings (from the Seattle PI):

A 2004 draft manuscript, leaked out of Canada’s Department of Fisheries and Oceans, indicates that the deadly infectious salmon anemia virus was identified eight years ago in coho, pink and sockeye salmon taken from southern British Columbia, Southeast Alaska and Bering Sea waters.

Testing done in 2002 and 2003 “lead us to conclude that an asymptomatic form of infectious salmon anemia occurs among some species of wild Pacific salmon in the north Pacific,” said the manuscript.

But a senior official at the Department of Fisheries and Oceans recently rejected a request to submit the manuscript for publication.

…

The manuscript surfaced less than a month after disputed findings of the virus in fish taken from the Harrison River in B.C.’s lower Fraser Valley, not far from the Washington border, and juvenile sockeye collected at Rivers Inlet about 400 miles north on the British Columbia Coast.

Infectious salmon anemia, or ISA, is a severe disease of marine-farmed Atlantic salmon, characterized by anemia and hemorrhaging livers as well as kidney damage.

ISA has already done a great of deal to salmon farming operations around the globe (British Columbia is home many salmon farming operations), but the fear is that the disease is jumping to wild salmon (Fraser River salmon stocks collapsed two years ago), and that the fisheries department is protecting salmon farms at the expense of wild fish.

Crazy Is As Crazy Does In Siskiyou County

November 17, 2011, by Tom Chandler 19 comments

Longtime readers will remember the Underground’s unpretty Siskiyou Land Use Policy fight (list of Land Use posts here), where the Siskiyou County Board of Supervisors attempted to unilaterally designate all the rivers in the county (including the McCloud and Upper Sac) as non-navigable.

This would have greatly limited public access.

With your help, a group of locals and CalTrout turned that one back, but given the views of those populating the Siskiyou County Board of Supervisors, I warned you then it wasn’t over.

And it isn’t.

Powered By The Klamath River

With Klamath River Dam Removal issue as a backdrop, the question of public access to navigable rivers — the central theme of our prior fight — has popped up again in Siskiyou County.

At a recent meeting, County Sheriff (Jon Lopey) — apparently grandstanding in the hopes of furthering his political ambitions — decided to single-handedly redefine the legal standard of navigability (from the Two Rivers Tribune):

Murphy said he’d tried to research navigability but the results were inconclusive and asked Lopey for his opinion. Lopey answered, “It’s not navigable if you can’t put a boat on it,” and coached landowners that they have a right to file a complaint if people trespass.

Wow. The leading law enforcement official in the county doesn’t know the legal standard of navigability (hint: it involves prior use for purposes of commerce or recreation). Based on this faulty knowledge, he tells landowners they can charge the lawful members of the public with trespass?

Excellent! What could possibly go wrong?

Participants in the Land Use fight will likely recall Supervisor Jim Cook — who after receiving a couple hundred protest emails took to telling emailers they were “bizarre.” At the same meeting, Cook was quoted as saying:

Jim Cook, chair of the County Board of Supervisors, said the county government could declare whether a water course was navigable or not and suggested the county would take action.

Extreme Legal Scholar Cook might want to research that assertion. It’s not true.

Not even close.

Just The Facts… Not

Driving all this is the potential removal of the Klamath River Dams, which among the dam-hugger set is generating an astonishing number of “facts,” including:

  • The water-heating, toxic-algae spawning dams actually protect salmon runs
  • The government is trying to run Siskiyou County ranchers off their land to create a huge game preserve run by the UN
  • Coho salmon aren’t native to the Klamath basin (despite being native everywhere else), so protecting them is actually illegal

None of the above comes within even artillery distance of the truth (I’ll debunk them for you if you really need it done), yet they’re widely accepted as fact in Siskiyou County.

In a recent newspaper editorial, an outdoor writer — who apparently dreams of black helicopters in his sleep — compared dam removal proponents to the 9/11 terrorists.

(Charmingly, he also compares opponents to “vermin” and “liars, cheats and thieves”.)

Welcome to Siskiyou County.

You’ll come for the fishing, but you’ll stay for the vicious, invective-ridden local politics.

This isn’t a call to action… yet.

Still, dam removal — and all the craziness that’s accompanying it — is gaining profile. And more crazy is sure to come.

This one’s going down to the wire, and mostly likely, you’ll be asked to contribute a minute or two of your time at a handful junctures along the way.

See you sharpening those pencils, Tom Chandler.

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