Natural Resources Defense Council v. Kempthorne, Order Granting in Part and Denying in Part Plaintiffs’ Motion for Summary Judgment

United States District Court, Eastern District of California | May 7th, 2007

This case concerns the effect on a threatened species of fish, the Delta smelt (Hypomesus transpacificus) , of the coordinated operation of the federally managed Central

This case concerns the effect on a threatened species of fish, the Delta smelt (Hypomesus transpacificus) , of the coordinated operation of the federally managed Central Valley Project ("CVP") and the State of California's State Water Project *2 ("SWP"), among the world's largest water diversion projects. Both projects divert large volumes of water from the California Bay (Sacramento - San Joaquin) Delta ("Delta") and use the Delta to store water.

Natural Resources Policy: Management, Institutions, and Issues

Congressional Research Service (CRS) | January 17th, 2007

Natural resources management remains a significant issue for the federal government. Growing demands on the nation’s resources and interest in their protection and allo

Natural resources management remains a significant issue for the federal government. Growing demands on the nation’s resources and interest in their protection and allocation among multiple uses have increased the complexity of management. The federal role in defining policy and institutional context shapes the combination of supported uses and protection measures. Certain themes are common to federal resource issues. Many conflicts center on balancing traditional versus alternative uses and protection programs, managing to produce national or local benefits, and supporting current or future resource consumption. Other challenges involve the effect of federal resource management on private lands, fees for using federal resources, and financing of management efforts. Interagency conflicts and overlaps and the coordination of federal, state, and local efforts also are common implementation problems. For many reasons, Congress often confronts resource issues based on the natural resource in question—lands and related resources, oceans and coasts, species and ecosystems, or water. Federal land issues include land ownership and management, prioritization of uses, designation of special areas, and fee collection and disbursement. Energy production and recreation on federal lands remain controversial. Indian land issues include energy rights-of-way across tribal lands and treaty rights. Ocean topics encompass broad policy questions, such as whether to respond to recommendations by two commissions for more coordinated ocean policies and institutions. More specific multi-use management challenges range from fisheries, marine mammal, and coastal zone management, to adherence to the U.N. Convention on the Law of the Sea. Species management and ecosystem protection topics include federal protection and habitat designations for threatened and endangered species, prevention and response to invasive species, protection of international species, wetlands protection, and large-scale ecosystem restoration. Increased competition for water has fostered interest in the federal role in water resources, particularly in relation to water supply in western states and multi-use river management. Other water topics are dam and levee safety and security, and transboundary water resources management. Natural resource science and management contributes to understanding and mitigating the nation’s natural hazard risks. Science also is instrumental in defining the uncertainty and potential extent and impact of climate change and weather on resource conditions. Often natural resource management is intertwined with other topics of broad public concern, such as environmental protection, energy, and agricultural policy. The 110th Congress may pursue natural resources topics in the context of these other policy areas as well as through authorizations, appropriations, and oversight related to specific natural resources issues.

North American diadromous fishes: Drivers of decline and potential for recovery in the Anthropocene

American Association for the Advancement of Science (AAAS) | January 28th, 2022

Diadromous fishes migrate between freshwater and marine habitats to complete their life cycle, a complexity that makes them vulnerable to the adverse effects of current

Diadromous fishes migrate between freshwater and marine habitats to complete their life cycle, a complexity that makes them vulnerable to the adverse effects of current and past human activities on land and in the oceans. Many North American species are critically endangered, and entire populations have been lost. Major factors driving declines include overfishing, pollution, water withdrawals, aquaculture, non-native species, habitat degradation, over-zealous application of hatcheries designed to mitigate effects of other factors, and effects of climate change. Perhaps, the most broadly tractable and effective factors affecting diadromous fishes are removals of the dams that prevent or hinder their migrations, alter their environment, and often favor non-native biotic communities. Future survival of many diadromous fish populations may depend on this.

Not All Rivers Are Created Equal: The Importance of Spring-Fed Rivers under a Changing Climate

Water (MDPI) | June 12th, 2021

In the Western United States, volcanic spring-fed rivers are anticipated to become increasingly more important for salmonids and other native fishes, as these rivers wil

In the Western United States, volcanic spring-fed rivers are anticipated to become increasingly more important for salmonids and other native fishes, as these rivers will retain cold-water habitats as the climate warms. Despite this, little is known about the hydro-biogeochemical interactions within these ecosystems. A review of existing literature on spring-fed rivers, coupled with a decade of research on volcanic spring-fed rivers of northern California, finds that these systems are exceptionally productive and exhibit stable environmental conditions. These unique conditions stem from hydrogeologic processes typical of young volcanic terrains. Aquatic macrophytes, common to some nutrient-rich spring-fed systems, play a disproportionate role in hydrologic and geomorphic processes by facilitating ecological interactions and velocity conditions that improve juvenile salmonid growth. We find that volcanic spring-fed rivers are also resilient to climate change, due not only to their ability to dampen water temperature changes through deep groundwater flow but also because of their nutrient-driven high ecosystem productivity, which may enable cold-water species to metabolically compensate for marginal increases in water temperature. Understanding the fundamental geomorphic and ecological differences between these rare ecosystems and their numerically dominant runoff rivers is essential for developing long-term conservation strategies for cold-water species under a rapidly changing climate.

Observations of the spawning ecology of the imperiled Clear Lake Hitch

California Department of Fish and Wildlife (CDFW) | October 13th, 2019

Pacific Coast Salmon Fishery Management Plan

Pacific Fishery Management Council | March 1st, 2016

Pacific Coast Federation of Fishermen’s Associations et al v. Wilbur Ross et al

U.S. District Court, Northern District of California | December 12th, 2019

Pacific Salmon and Steelhead Trout: Managing Under the Endangered Species Act

Congressional Research Service (CRS) | November 30th, 2012

Along the Pacific Coast, 28 distinct population segments of Pacific salmon and steelhead trout are listed as either endangered or threatened under the Endangered Species

Along the Pacific Coast, 28 distinct population segments of Pacific salmon and steelhead trout are listed as either endangered or threatened under the Endangered Species Act (ESA), with three additional populations identified as “species of concern.” While no species of anadromous trout or salmon is in danger of near-term extinction, individual population segments within these species have declined substantially or have even been extirpated. The American Fisheries Society considers at least 214 Pacific Coast anadromous fish populations to be “at risk,” while at least 106 other historically abundant populations have already become extinct. Human activities—logging, grazing, mining, agriculture, urban development, and consumptive water use—can degrade aquatic habitat. Silt can cover streambed gravel, smothering fish eggs. Poorly constructed roads often increase siltation in streams where adult salmon spawn and young salmon rear. Removal of stream-side trees and shade frequently leads to higher water temperatures. Grazing cattle remove stream-side vegetation and exacerbate stream bank erosion. Urbanization typically brings stream channelization and filled wetlands, altering food supplies and nursery habitat. Habitat alterations can lead to increased salmonid predation by marine mammals, birds, and other fish. Dams for hydropower, flood control, and irrigation substantially alter aquatic habitat and can have significant impacts on anadromous fish. In addition, natural phenomena stress fish populations and contribute to their variable abundance. Current management efforts aim to restore the abundance of ESA-listed native northeast Pacific salmonids to historic, sustainable population levels. The National Marine Fisheries Service (NMFS, also popularly referred to as “NOAA Fisheries”) in the Department of Commerce implements the ESA for anadromous salmonids. When a federal activity may harm an ESA-listed salmonid, the ESA requires the federal agency to consult with NMFS to determine whether the activity is likely to jeopardize the survival and recovery of the species or adversely modify its critical habitat. Prior to the listing of salmonid “evolutionarily significant units” (ESUs) under the ESA, the Northwest Power and Conservation Council took the lead in the Columbia River Basin under the 1980 Pacific Northwest Electric Power Planning and Conservation Act, by attempting to protect salmon and their habitat while also providing inexpensive electric power to the region. Under this effort, federal agencies and public utilities have spent hundreds of millions of dollars on technical improvements for dams, habitat enhancement, and water purchases to improve salmon survival. Recent years have seen an increased interest by state governments and tribal councils in developing comprehensive salmon management efforts. This report summarizes the reasons for ESA listings and outlines efforts to protect ESA-listed species.

Petition For Rulemaking to Set Minimum Flows on the Shasta River

Mount Shasta Bioregional Ecology Center | January 20th, 2024

Decades of scientific inquiry make clear that adequate quality and quantity of flows are needed to prevent remaining fish populations from further decline. Yet this scien

Decades of scientific inquiry make clear that adequate quality and quantity of flows are needed to prevent remaining fish populations from further decline. Yet this science is not self-executing; effective government intervention is necessary to prevent the extirpation of salmonids in the Shasta. This type of government action is at the core of the Public Trust Doctrine, which requires the government to act as a trustee over public trust resources, and to the extent feasible, step in to protect these resources from over-allocation and over-use.

Physical Characteristics of the Lower San Joaquin River, California, in Relation to White Sturgeon Spawning Habitat, 2011–14

U.S. Geological Survey (USGS) | July 18th, 2017

The U.S. Fish and Wildlife Service confirmed that white sturgeon (Acipenser transmontanus) recently spawned in the lower San Joaquin River, California. Decreases in the S

The U.S. Fish and Wildlife Service confirmed that white sturgeon (Acipenser transmontanus) recently spawned in the lower San Joaquin River, California. Decreases in the San Francisco Bay estuary white sturgeon population have led to an increased effort to understand their migration behavior and habitat preferences. The preferred spawning habitat of other white sturgeon (for example, those in the Columbia and Klamath Rivers) is thought to be areas that have high water velocity, deep pools, and coarse bed material. Coarse bed material (pebbles and cobbles), in particular, is important for the survival of white sturgeon eggs and larvae. Knowledge of the physical characteristics of the lower San Joaquin River can be used to preserve sturgeon spawning habitat and lead to management decisions that could help increase the San Francisco Bay estuary white sturgeon population. Between 2011 and 2014, the U.S. Geological Survey, in cooperation with the U.S. Fish and Wildlife Service, assessed selected reaches and tributaries of the lower river in relation to sturgeon spawning habitat by (1) describing selected spawning reaches in terms of habitat-related physical characteristics (such as water depth and velocity, channel slope, and bed material) of the lower San Joaquin River between its confluences with the Stanislaus and Merced Rivers, (2) describing variations in these physical characteristics during wet and dry years, and (3) identifying potential reasons for these variations. The lower San Joaquin River was divided into five study reaches. Although data were collected from all study reaches, three subreaches where the USFWS collected viable eggs at multiple sites in 2011–12 from Orestimba Creek to Sturgeon Bend were of special interest. Water depth and velocity were measured using two different approaches—channel cross sections and longitudinal profiles—and data were collected using an acoustic Doppler current profiler. During the first year of data collection (water year 2011), runoff was greatest, and gaged streamflow, measured as discharge, peaked at 875 cubic meters per second in the lower San Joaquin River. Also during that year, water velocity was generally between 0.6 and 0.9 meters per second, and depth was typically between 2.5 and 4.5 meters, but water depth exceeded 6 meters in several pools. Water year 2011 was classified as a “wet” year. Later water years were classified as either “dry” (water year 2012) or “critical” (water years 2013 and 2014). During the drier years, water was shallower, and velocities were slower. The streambed aggraded in several areas during the study. At Sturgeon Bend, for example, which had the deepest pool measured in 2011 (maximum depth was 14 meters), about 8 meters of sediment was deposited by 2014. The bed of the lower San Joaquin River was predominately sand, except in areas downstream from the mouth of Del Puerto Creek. A large amount of sand, gravel, and cobble was deposited at the mouth of Del Puerto Creek, and in the 9.5 kilometers downstream from the mouth of Del Puerto Creek, we encountered several gravel bars and patches of gravel-size (8–64 millimeters) bed material. Del Puerto and Orestimba Creeks drain from the Coast Ranges on the west side of the river. Only small quantities of gravel-size bed material were observed in the reach downstream from Orestimba Creek, indicating Orestimba Creek does not deliver much coarse sediment to the lower San Joaquin River. Del Puerto Creek appeared to be the primary source of gravels suitable for white sturgeon spawning in the lower San Joaquin River, and thus, it is important for the long-term spawning success of sturgeon in the San Joaquin River.