Fish Restoration Program Agreement Implementation Strategy for Habitat Restoration and Other Actions for Listed Delta Fish

The Fish Restoration Program Agreement (FRPA) (Appendix A), between the Department of Fish and Game (DFG) and the Department of Water Resources (DWR), was signed on October 18, 2010. FRPA addresses specific habitat restoration requirements of the US Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) biological opinions (Biological Opinions) for State Water Project (SWP) and Central Valley Project (CVP) operations. FRPA is also intended to address the habitat requirements of the DFG Longfin Smelt Incidental Take Permit (ITP) for SWP Delta operations. The primary objective of the FRPA program is to implement the fish habitat restoration requirements and related actions of the Biological Opinions and the ITP in the Delta, Suisun Marsh, and Yolo Bypass and is focused on 8,000 acres of intertidal and associated subtidal habitat to benefit delta smelt, including 800 acres of mesohaline habitat to benefit longfin smelt, and a number of related actions for salmonids.

DFG and DWR intend that habitat restoration actions implemented in compliance with the USFWS biological opinion that also meet the habitat restoration requirements of the ITP will operate to satisfy the acreage requirements of the ITP.

The purpose of this Implementation Strategy is to describe the process by which DWR and DFG will implement the FRPA program, and to satisfy Section B of FRPA. Section B of FRPA requires DWR, with assistance from DFG, to develop an Implementation Schedule that will identify restoration actions, estimated costs, targeted acreage, and a timeline for DWR’s implementation of restoration actions to satisfy DWR’s obligations under the Biological Opinions and ITP.

Appendix B lists the specific habitat restoration requirements of FRPA, the Biological Opinions, and the ITP that pertain to this program. This document lays out the strategy to address these requirements. In addition, DWR and DFG will complete the necessary environmental compliance documents to implement site specific habitat restoration projects; this may include tiering from existing programmatic documents where appropriate.

Pursuant to FRPA, DFG will work cooperatively with and assist DWR in establishing the management and financial framework necessary to implement the FRPA program. DWR, with assistance from DFG, will begin a process to fund, plan, and implement actions, including aquatic habitat restoration to benefit delta smelt, longfin smelt, and winter-run and spring-run Chinook salmon (hereafter referred to as Covered Fish Species) to mitigate impacts to these species caused by the SWP Delta operations.

Specifically, these actions include:

• Delta Smelt Biological Opinion Reasonable and Prudent Alternative (RPA) Component 4;
• NMFS Biological Opinion RPA Actions 1.2.6 and 1.6.2 in partnership with the US Bureau of Reclamation (Reclamation);
• NMFS Biological Opinion RPA Action Suite 1.6 and 1.7. FRPA will not be lead, but will provide funding and technical support assistance only;
• ITP Condition 7.

DWR’s obligations focus on delta smelt, longfin smelt, and winter-run and spring-run salmon, and may also benefit steelhead, sturgeon, and other native fish species.