by Dan Bacher

Catherine Reheis-Boyd, the President of the Western States Petroleum Association, is back in the news in an article in today’s Sacramento Bee about the increase in steam injection oil drilling permits since Governor Jerry Brown in November fired two regulators who were actually doing their job.

Reheis-Boyd served as the Chair of the Marine Life Protection Act (MLPA) Blue Ribbon Task Force for the South Coast, the panel that developed the so-called “marine protected areas” that went into effect in Southern California waters on January 1, 2012.

“After lobbying by oil companies and local lawmakers, Brown ‘figured out that this industry is really important,’ said Catherine Reheis-Boyd, president of the Western States Petroleum Association, an industry lobbying group,” according to the Bee. (http://www.sacbee.com/2012/05/03/4461862/permits-flow-again-for-risky-oil.html).

Under pressure from the oil industry, Brown fired Derek Chernow, then acting director of the state Department of Conservation, and oil and gas supervisor Elena Miller in order to expedite the granting of permits for risky injection projects after the permitting had slowed in 2010 and 2011 after the tragic death of Chevron oil worker Robert David Taylor.

Brown appointed the more oil industry-friendly Mark Nechodom, the husband of Secretary of State Debra Bowen, to replace Chernow (http://yubanet.com/california/Dan-Bacher-Brown-appoints-Bowen-39-s-husband-to-replace-fired-Conservation-chair.php).

It is no surprise that oil drilling permits have increased by 18 percent since Brown fired Chernow and Miller and appointed Nechodom. It is also no surprise that Reheis-Boyd – a strange type of “marine guardian” – was pleased with the successful effort by the oil companies that she represents to get the two fired.

“Oil companies are ‘extremely happy’ about the governors decision, Catherine H. Reheis-Boyd, president of the Western States Petroleum Association, a Sacramento-based trade group, said in a telephone interview,” reported Bloomberg News. ‘They have been extremely frustrated dealing with an agency that in the past had a wonderful working relationship with industry.’” (http://mobile.bloomberg.com/news/2011-11-05/california-oil-producers-cheer-firing-of-top-state-regulators).

It is again no surprise that the corrupt MLPA Initiative process that Reheis-Boyd oversaw created so-called “marine protected areas” that fail to protect the ocean from oil spills and drilling, pollution, military testing, wind and wave energy projects, corporate aquaculture and all other human impacts on the ocean other than fishing and gathering.

According to the Bee, “Brown has been attentive to business interests since taking office last year, considering their support critical to his effort to raise taxes. He volunteers his firing of Chernow and Miller as evidence he is committed to reducing regulations.”

“‘They were blocking oil exploration in Kern County,’ Brown said at an event last week in San Jose. ‘I fired them, and oil permits for drilling went up 18 percent,’” the Bee said.

It appears that Brown is even more cozy with the oil industry than Governor Arnold Schwarzenegger. Brown’s firing of two dedicated public servants, resulting in increased oil drilling, and his embrace of questionable “marine protected areas” created under the leadership of a big oil lobbyist demonstrate that Brown has become “Big Oil’s Governor.”

It doesn’t take a whole lot of research to discover why Brown is so friendly to big oil, since oil companies are among his biggest campaign donors. For example, Occidental Petroleum contributed $250,000.00 to the campaign to pass Brown’s tax initiative this November, according to the California Secretary of State’s website. (http://cal-access.ss.ca.gov/Campaign/Committees/Detail.aspx?id=1343257&session=2011&view=late1)

The oil industry has plenty of cash to spend on political campaigns, since the biggest five oil companies – Chevron, BP, Conoco, Shell and Exxon Mobil – made $135 billion in profit last year. “Why are we giving them at least $10 billion in subsidies while we are closing public schools?” asks the environmental group Oil Change International (http://priceofoil.org).

Brown’s subservience to the oil industry isn’t the only area where Brown is pursuing an anti-environmental, pro-corporate agenda. Brown is also fast-tracking the Bay Delta Conservation Plan (BDCP) to build the peripheral canal, a government boondoggle that is likely to result in the extinction of Central Valley steelhead, Sacramento River chinook salmon, Delta smelt, longfin smelt, green sturgeon, Sacramento splittail and other species in order to deliver more Delta water to corporate agribusiness and Southern California water agencies.

by Dan Bacher

In conjunction with the Delta Levees Standards Conference being held today in Sacramento, Restore the Delta proposed that Delta levees be upgraded as part of any Bay-Delta water solution – and emphasized that they are a much better investment than building a peripheral canal or tunnel.

The conference, sponsored by the Delta Protection Commission and Water Education Foundation, takes place at Woodlake Hotel at 500 Leisure Lane, Sacramento.

“Fat, robust levees protect the Delta,” said Barbara Barrigan-Parrilla, Executive Director of Restore the Delta. “An emergency preparedness plan against the greatest threat – flood – is also needed. But floods can be managed.”

“We are well-positioned to deal with sea level rise – we can raise levees one to two inches per year,” she noted.

Barrigan-Parrilla said levee improvements will be needed, regardless whether or not the state decides to build a peripheral canal or tunnel.

“The $1-2 billion investment is necessary to protect $20 billion in infrastructure in the Delta and 4 million urban residents,” she stated. “Fattening the levees would still have to be completed, even if a canal were built. A canal won’t protect state highways, natural gas pipelines, PG&E transmission lines, railroads, East Bay MUD pipes and other key infrastructure threatened by a flood.”

She also said countered the argument, constantly brought up by canal proponents, that the conveyance needs to be built to counter the “catastrophic” threat of earthquakes.

“Earthquake threat to the Delta – with the Hayward Fault 45 miles away – is minimal, according to levee expert Dr. Bob Pyke, but the State Water Project and Central Valley Project cross right over some of the most dangerous faults in California from Coalinga south to LA. Large engineered projects are more vulnerable to earthquake then Delta levees,” stated Barrigan-Parrilla.

Barrigan-Parrilla said funding exists for levee improvements in Prop 1E, and needs to be spent accordingly.

She also said the Department of Water Resources is proposing a lesser standard for levee protection than the higher safety standard developed by the Army Corps of Engineers (PL 84-99). “The Army Corps of Engineers’ levee standard is the same higher standard found in the Economic Sustainability Plan authored by the Delta Protection Commission earlier this year,” noted Barrigan-Parrilla.

“It is problematic that the Department of Water Resources is actually proposing a weaker standard for Delta protection while promoting new conveyance,” she concluded. “Today’s conference is an opportunity to highlight the differences between the two standards and to discuss the role that levees play in water exports, habitat for the ecosystem, and public safety for the people in the Delta and the urban periphery of the Delta.”

Supporters of the conference include ATKINS, the Central Delta Water Agency, Contra Costa Water District, Kjeldsen, Sinnock & Neudeck, Inc., MBK Engineers, South Delta Water Agency, The Dutra Group, The Nature Conservancy, American Rivers, Natural Resources Defense Council and the Planning and Conservation League.

According to an announcement by the conference organizers, the conference features “a lively discussion about Delta levee standards – the differences between the Hazard Mitigation Plan (HMP) Standard and the PL 84-99 Standard and what that means for Delta conveyance, habitat and public safety.”

Perspectives on the standards related to these areas will be presented by California Department of Water Resources officials, in-Delta residents and water agencies, and the Army Corps of Engineers. A seven-member response panel will then have its say.

While the inclusion of Delta residents on the panels is a promising move by the conference sponsors, the absence of any representatives from California Indian Tribes or recreational and commercial fishing groups on the conference panels is in my opinion a glaring omission, since these communities are among those most directly impacted by plans to build a peripheral canal.

A coalition of Delta residents, Indian Tribes, fishermen, family farmers, grassroots environmentalists, Southern California ratepayers and elected officials is opposed to the construction of the peripheral canal because of its enormous cost and the grave threat it poses to the Delta ecosystem. Delta advocates believe the canal, by exporting more Delta water to corporate agribusiness and southern California, will hasten the extinction of Central Valley steelhead, Sacramento River chinook salmon, Delta smelt, longfin smelt, Sacramento splittail, green sturgeon and other fish species.

For the conference agenda, go to: http://www.watereducation.org/userfiles/Final_Agenda.pdf

For information about Restore the Delta, go to http://www.restorethedelta.org.

by Dan Bacher

In their response to a report released by the Pacific Fishery Management Council (PFMC), two prominent Representatives from California slammed legislation that would eviscerate protections for Central Valley chinook salmon.

Reps. Grace F. Napolitano (D-Norwalk) and Mike Thompson (D-St. Helena) responded on April 26 to the scientific review by the PFMC warning that H.R. 1837, the San Joaquin Valley Water Reliability Act, would damage salmon populations and undermine the recreational and commercial fishing industries that rely on them.

The Council staff report, titled “A General Review of Potential Effects of H.R. 1837 the Sacramento-San Joaquin Valley Water Reliability Act, on Central Valley Salmon Productivity and Salmon Fisheries In Ocean and Inland Waters,” blasted the legislation for the negative impact the legislation would have on Central Valley salmon fisheries.

“West Coast fisheries and coastal communities rely on a healthy level of salmon production from the Central Valley,” the report stated. “It appears that H.R. 1837’s provisions would have an adverse effect on Central Valley salmon habitat, total salmon production, fishery participants, and fishery economic benefits.”

H.R.1837 addresses water use in the federal Central Valley Project (CVP), makes big changes in the implementation of the Endangered Species Act, and repeals the San Joaquin River Restoration Settlement Act, according to the PFMC.

“The Pacific Council remains concerned about negative effects of H.R. 1837 might have on salmon stocks and their habitat, and the consequent negative economic effects on communities that depend on a healthy, vibrant salmon fishery,” the PFMC stated.

The bill, opposed by a broad coalition of fishing groups, Indian Tribes, environmental organizations and family farmers, passed the U.S. House of Representatives on February 29, and has now been placed on the U.S. Senate Legislative calendar for consideration. It was recently included in the West Act introduced by Sen. Orrin Hatch (R-Utah), according to a joint statement from Napolitano and Thompson.

“This bill is a water grab,” Napolitano said. “It throws out years of negotiations between California’s water users in order to privilege some groups over others. This scientific review shows again how Californians will pay the economic price if this bill, or any part of it, becomes law.”

“This scientific review shows that the House Majority’s water bill puts politics ahead of established science and would kill local jobs,” said Thompson. “The bill is nothing more than a giveaway to well-funded south-of-Delta water contractors. Solutions to California’s water challenges should be based on sound science so that wildlife is protected, and our fishers, farmers, families and businesses that depend on the Delta for their livelihoods are not harmed.”

Napolitano and Thompson said H.R. 1837 rolls back environmental protections for salmon and other species and reroutes a greater share of California’s water to agricultural users in the San Joaquin Valley. “This lack of protection could lead to salmon die-offs and lost fishing seasons in California and Oregon, similar to what happened in 2008 and 2009, when fishermen were unable to fish due to dangerously low population levels, costing jobs and hurting the economy,” they stated.

The report is available at. http://www.pcouncil.org/2012/04/20519/council-staff-hr1837. Some of the report’s key points include:

· There is a critical link between water flows dedicated to salmon, which allow the fish to spawn, and the overall salmon population. H.R. 1837 undoes many measures Californians have put in place to protect water flows for salmon and potentially puts that population at risk.

· H.R. 1837 rolls back broader habitat restoration efforts on the San Joaquin and Sacramento rivers directed at boosting salmon populations.

· H.R. 1837 turns back the clock on Endangered Species Protection to 1994 levels, overturning many critical protection efforts that have been put in place to protect salmon runs since then.

· Declining salmon populations have a negative effect on both ocean and inland commercial and recreational fishing industries, costing jobs and negatively impacting the economy.

As Sen. Orrin Hatch (R-Utah) attempts to push his salmon-killing legislation through the Senate, the Brown administration is fast-tracking the Bay Delta Conservation Plan (BDCP) to build a peripheral canal or tunnel. Delta advocates are fighting the peripheral canal plan because it would hasten the extinction of Central Valley steelhead, Sacramento River chinook salmon, Delta smelt, longfin smelt, green sturgeon, Sacramento splittail and other fish species.

Both HR 1837 and the peripheral canal are designed to increase water exports out of the Sacramento-San Joaquin River Delta to southern California water agencies and corporate agribusiness. The water will be used to irrigate selenium-laced, drainage impaired land on the west side of the San Joaquin Valley that should have never been irrigated.

On Tuesday, April 24 in Oakland, the East Bay Municipal Utility District Board of Directors voted unanimously to approve a revised district Water Supply Management Plan 2040 that drops the controversial expansion of Pardee Reservoir.

The expansion would have destroyed at least a mile of the Mokelumne River, including a section eligible for National Wild and Scenic River designation.

The original WSMP 2040, adopted in October 2009, was successfully challenged in court by the Foothill Conservancy, California Sportfishing Protection Alliance and Friends of the River. A resulting court order required EBMUD to conduct further environmental review and consider participating in the expansion of Los Vaqueros Reservoir in Contra Costa County.

The revised WSMP is a result of the revised environmental review. It includes a partnership with the Contra Costa Water District in the Los Vaqueros Expansion, expected to be completed later this year.

“We are very happy with the outcome of this long and challenging process,” said Foothill Conservancy President Katherine Evatt after the meeting. “We’re proud of our foothill communities for coming together to tell EBMUD “no” and to protect the Mokelumne River. We’re glad we filed the suit and saw it through. And we’re grateful to EBMUD for changing course. Their decision is right for the foothills, right for the East Bay, and right for the Mokelumne River. Now we can move on to permanently protecting the river with National Wild and Scenic River designation so no one has to go through a process like this on the upper Moke again.”

“The judge’s order led to a better outcome,” said Chris Shutes of the California Sportfishing Protection Alliance. “EBMUD has taken a stand to protect Delta inflow and water quality. West-of-Delta storage is a forward-thinking approach that should be front and center for the entire Bay Area.”

The proposed Pardee expansion would have flooded the Mokelumne River’s Middle Bar reach below Highway 49 and part of the Electra Run upstream. The lower end of the Electra Run has been found eligible for National Wild and Scenic River designation, and advocates want the designation to extend to the existing high pool of Pardee Reservoir.

“Every river eligible for National Wild and Scenic River designation is nationally significant,” said Friends of the River’s Ronald Stork. “They’re just as valuable as our national parks. That’s one of the reasons we joined in this important effort to save the Mokelumne.”

“This process worked,” said John A. Coleman, EBMUD board president. “We listened, we heard, and we acted. It has always been our intent to do the right thing for our customers and partners to get the best use possible out of this precious resource. Together, we will continue to work cooperatively as a region to solve other tough problems ahead.”

For more information, contact Katherine Evatt of Foothill Conservancy at 209-296-5734, Bill Jennings of CSPA at 209-464-5067, or Ronald Stork of Friends of the River at 916-442-3155 x 220.

Petaluma, CA – The Golden Gate Salmon Association (GGSA) and California Sportfishing Protection Alliance (CSPA) have petitioned the state Water Quality Control Board to re-write terms of a clean water certification for a massive state-run dam complex on the Feather River near Oroville, California.

The groups were moved to action following a GGSA Freedom of Information Act (FOIA) request that demonstrated green sturgeon spawn much further upstream on the Feather River than previously acknowledged.

Through the request, fishing advocates learned that during high flow in the Feather River in late 2010 and early 2011, the state Department of Water Resources (DWR) documented the presence of green sturgeon at the river’s uppermost barrier to anadromous fish.

The first-ever scientific evidence of green sturgeon spawning in the Feather River was also collected at this time. DWR efforts to reduce flows likely drove sturgeon out of the uppermost accessible river reaches and may have interfered with spawning there, in possible violation of the federal Endangered Species Act.

The appeal to the state board comes as the National Marine Fisheries Service is writing a biological opinion on how dam operations will affect the Feather River’s federally protected salmon and sturgeon runs. The dam complex is currently undergoing a relicensing process to set new state and federal rules governing operation of the facilities for the next 30 to 50 years.

The state Water Resources Control Board is charged with protecting the public trust resources all Californians share, including its wildlife.

The state board approved the certification under the faulty assumption the waters below the dam were not used by green sturgeon. Accordingly, the Board’s certification does not provide sufficient springtime flows for green sturgeon to access much of the newly discovered river habitat, except in the wettest of years. Improved green sturgeon flows under a revised certification would also greatly improve survival of baby Feather River salmon during their annual springtime migration to the sea.

“Our records request turned up evidence that green sturgeon were not adequately considered in the certification.” said Victor Gonella, GGSA’s President. “We’re asking the Board to amend the certification to provide more water to attract and successfully spawn green sturgeon. We’re confident this action will have positive impacts on salmon runs as well, and help maintain the jobs, food production, world-class recreation, and economic activity healthy salmon runs can provide.”

“Greater springtime flows released from Lake Oroville will help green sturgeon and salmon. Salmon will have more of a burst of water to carry them safely downstream and out to sea if the state board issues a protective order,” said Bill Jennings, CSPA Executive Director.

The dam complex, operated by DWR and commonly known as the Oroville Facilities, make up part of the State Water Project. The dams take a heavy toll on fish, cutting off access to 66.9 miles of habitat for salmon upstream. They also negatively impact downstream salmon habitat, water temperature, water quality, and natural flows needed by fish.

The river below the facility is vitally important for commercially-valuable fall-run Chinook salmon and also designated as critical habitat for Central Valley spring-run Chinook and steelhead under the Endangered Species Act. The National Marine Fisheries Service lists the Feather River as critical for green sturgeon survival.

“This relicensing process represents a once-in-a-lifetime opportunity to improve conditions for salmon and other fish in the Feather River,” said Gonella of GGSA. “Our salmon-dependent communities and business have suffered heavily in recent years, largely as a result of poor water management in the Central Valley. We’re working to ensure that any new rules protect salmon, so we won’t ever again have the kind of disastrous, jobs-destroying collapse of the salmon runs that we saw in 2008, 2009, and 2010.”

The certification in question, granted in December 2010 by the state Board as part of the relicensing process, contains conditions relating to water quality and fish. Although the certification has already been issued, the Board can modify it based on new information. GGSA and CSPA believe the new information they have presented will spur the Board to revise and improve its requirements relating to fish.

Contact:
Victor Gonella, GGSA, 855-251-GGSA
Bill Jennings, CSPA, 209-464-5067
Jim McCarthy, McCarthy Consulting (GGSA contractor on Petition), 541-941-9450

To view the groups’ petition and its attachments, please visit the
following link:

http://goldengatesalmonassociation.com/2012/04/26/oroville-hydroelectric-project-petition/

by Dan Bacher

Governor Jerry Brown issued a proclamation Saturday celebrating John Muir Day – at the same time he is fast-tracking the construction of a peripheral canal or tunnel that is expected to hasten the extinction of Central Valley chinook salmon, Delta smelt, longfin smelt and other fish species.

“John Muir (1838-1914) was a giant of a man,” Brown proclaimed. “His vision of the pristine landscape as a source of spiritual renewal has become central to our understanding of the relationship between humanity and nature.”

“In addition to his scientific discoveries, engineering innovations and writings that still inspire us today, Muir’s advocacy was instrumental in the creation of the National Park System, one of the world’s great ecological treasures,” Brown continued.

“Today, as a way to honor Muir’s teachings and help keep his legacy alive, I suggest a visit to one of California’s public open spaces—national park, state park or any other unspoiled wilderness—which he strived so zealously to preserve,” said Brown.

While Brown celebrated Brown’s legacy, his record to date in his third term as governor is hardly one that Muir would approve. Brown has signed a couple of good bills for ocean fisheries, including a bill limiting the number of crab pots used by commercial fishermen and legislation banning the sale of shark fins in California, and signed the Human Right to Water bill package that Arnold Schwarzenegger repeatedly vetoed.

However, on the biggest and most controversial issues regarding our oceans, estuaries and freshwater resources, Brown has been firmly on the side of corporate interests that seek to privatize and exploit public trust resources.

First, the Governor presided over record water exports out of the Delta, the largest estuary on the West Coast of the Americas, and a record fish kill at the state and federal pumps in 2011. A record number of 8,989,639 native Sacramento splittail were “salvaged” in the Delta pumps in order to ship record amounts of water to southern California and corporate agribusiness. The annual splittail “salvage” number is 1,201,585 fish, according to the Bay Institute’s report, Collateral Damage, http://bay.org/publications/collateral-damage

By comparison, the average salvage total for all species combined is 9,237,444 fish, including splittail, striped bass, threadfin shad, largemouth bass, American shad and largemouth bass, as well as imperiled Sacramento River chinook salmon, Central Valley steelhead, Delta smelt, green sturgeon, and longfin smelt.

The report emphasized that “Salvage numbers drastically underestimate the actual impact. Although the exact numbers are uncertain, it is clear that tens of millions of fish are killed each year, and only a small fraction of this is reflected in the salvage numbers that are reported.” One study of “pre-screen loss” estimated that as many as 19 of every 20 fish perished before being counted (Castillo, 2010).

The annual export total was 6,678,000 acre-feet of water in 2011, 208,000 acre-feet more than the previous record of 6,470,000 acre-feet set in 2005. The total includes 4.003 million acre-feet through the Banks Pumping Plant of the State Water Project (SWP), 2.570 million acre-feet through the Jones Pumping Plant of the Central Valley Project (CVP), 69 thousand acre-feet through the Contra Costa Canal (CVP) and 37 thousand acre-feet through the North Bay Aqueduct (SWP).

Killing record numbers of fish and exporting record amounts of water from the Delta is something John Muir would vociferously condemn.

Second, the Governor has fast-tracked the Bay Delta Conservation Plan (BDCP) to build the peripheral canal to export more water to southern California and corporate agribusiness. If built, this canal will likely result in the extinction of Central Valley steelhead, Sacramento River chinook salmon, Delta smelt, longfin smelt, green sturgeon and other imperiled fish species.

The construction of the canal will only spread the carnage of fish that takes place daily at the Delta pumps from the South Delta to the Sacramento River, the main migratory path for chinook salmon, steelhead, striped bass, American shad and other fish.

How can we expect the state water contractors, who have failed to fund the installation of state-of-the art fish screens on the current Delta pumps as required under the CalFed decision, to fund state-of-the-art fish screens for the new intakes for the canal/tunnel to reduce fish mortality?

Would Muir support a peripheral canal, a budget-busting and Delta-draining project that would cause enormous environmental devastation? I don’t think so!

Third, Brown has forged ahead with the privately funded Marine Life Protection Act (MLPA) Initiative to create so-called “marine protected areas” in California. These “marine protected areas” fail to protect the ocean from oil drilling and spills, military testing, pollution, corporate aquaculture, wind and wave energy projects and all human impacts on the ocean other than fishing and gathering.

The so-called “marine protected areas” that went into effect on the Southern California coast on January 1 were created under the helm of a big oil lobbyist. Catherine Reheis-Boyd, the President of the Western States Petroleum Association and a relentless advocate for new offshore drilling, the Keystone XL Pipeline and the weakening of California’s environmental laws, served as the Chair of the MLPA Blue Ribbon Task Force for the South Coast that oversaw the implementation of these alleged “Yosemites of the Sea.”

Again, you can bet that John Muir wouldn’t support a privately funded greenwashing process, overseen by an oil industry lobbyist and other corporate operatives, that fails to provide comprehensive marine protection. Muir would undoubtedly be appalled by the use of the term “Yosemites of the Sea” to describe these “no fishing” zones

Jerry Brown is fast-tracking the peripheral canal, oversaw a record fish kill and record water exports at the Delta pumps in 2011 and continues Schwarzenegger’s corrupt MLPA Initiative. Now he issues a proclamation honoring John Muir Day.

Hey Jerry, why don’t you really honor Muir’s legacy by abandoning the Bay Delta Conservation Plan to build the peripheral canal and the corrupt Marine Life Protection Act Initiative – and by forcing the water contractors to pay for state of art fish screens on the Delta pumps that that were mandated by the CalFed process over 10 years ago? A proclamation and visiting a park is nice, but action is what we really need.

Below is the complete proclamation from the Governor’s Office:

FOR IMMEDIATE RELEASE:
Contact: Governor’s Press Office
Saturday, April 21, 2012 (916) 445-4571

PROCLAMATION

BY THE GOVERNOR OF THE STATE OF CALIFORNIA

“In every walk with nature one receives far more than he seeks.” – John Muir

John Muir (1838-1914) was a giant of a man. His vision of the pristine landscape as a source of spiritual renewal has become central to our understanding of the relationship between humanity and nature. In addition to his scientific discoveries, engineering innovations and writings that still inspire us today, Muir’s advocacy was instrumental in the creation of the National Park System, one of the world’s great ecological treasures.

It is a tribute to the beauty of our state that this consummate lover of nature chose California as his home. In return, California has honored him many times over. In 1976 the California Historical Society named John Muir “The Greatest Californian,” and our state quarter, issued in 2004 by the United States Mint, bears his image. Numerous parks, trails, roads, schools and other places around the state are named after him. John Muir Day was established in 1988, the 150th anniversary of his birth, by a unanimous vote of the Legislature. Today, as a way to honor Muir’s teachings and help keep his legacy alive, I suggest a visit to one of California’s public open spaces—national park, state park or any other unspoiled wilderness—which he strived so zealously to preserve.

NOW THEREFORE I, EDMUND G. BROWN JR., Governor of the State of California, do hereby proclaim Saturday, April 21st, 2012 as “John Muir Day.”

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 17th day of April

by Dan Bacher

The California Fish and Game Commission on April 18 voted 3 to 0 to approve a Klamath-Trinity River recreational salmon season with the highest adult fall chinook quota since 1986, 67,600 fish, and increased bag and possession limits due to the projected high abundance on the river this year.

The Commission also approved the generous ocean salmon sportfishing regulations adopted by the Pacific Fishery Management Council (PFMC) at its April meeting in Seattle.

The Commission adopted Central Valley river salmon seasons last week. These seasons are similar to last year’s regulations, except that anglers can fish the Mokelumne River and the area on the Feather River below the Thermalito Afterbay Outlet this year.

Wade Sinnen, senior environmental scientist for the Department of Fish and Game’s Klamath Trinity Program, said the daily bag limit on the Klamath and Trinity Rivers will be increased to 4 adult chinooks over 22 inches and the total possession limit will be raised to 8 adult chinooks.

In the Klamath River, biologists are forecasting four times more salmon than last year – and an astounding 15 times more than in 2006. The ocean salmon population is estimated to be 1.6 million adult Klamath River fall Chinook, compared to last year’s forecast of 371,100.

“The projected natural adult spawning escapement after harvest is 86,300 fish, more than double the conservation floor of 40,700 fish,” noted Sinnen.

However, Commissioner Michael Sutton cautioned, “I want to remain on record with my concern that just because we have a bumper year in the system, that not everything is hunky-dory in the Klamath. I will be happier when we remove the dams, restore habitat and have all wild fish returning to the Klamath.”

After both proposals were adopted, Comissioner Jim Kellogg, said, “It’s awesome for everybody to be back on the water and to enjoy what nature has made available.”

The DFG announced that the generous seasons and increased fishing opportunities are the hallmarks of what is expected to be a “banner season” for ocean and river anglers.

“We are optimistic that excellent ocean and inland salmon seasons lie ahead for California anglers,” said Department of Fish and Game (DFG) Director Charlton H. Bonham. “This could be one of the best salmon seasons in a decade, supporting both recreational and commercial fishermen and their communities.”

Golden Gate Salmon Association President Victor Gonella also responded to the California Fish and Game Commission’s adoption of ocean and inland salmon seasons.

“We’re looking forward to better salmon fishing this year thanks in part to a more balanced use of Sacramento-San Joaquin Delta waters in recent years which has left enough water to grow a healthy salmon run,” said Gonella. “Consumers can look forward to the best salmon in the world at their local markets. Both sport and commercial salmon fishermen will be out fishing and contributing to the economic vitality of the state, especially the coastal regions and the Sacramento Valley.

He noted, “We expect a lot of salmon to swim into San Francisco Bay on their way to spawn in Central Valley rivers this summer and fall. Water managers will need to retain enough cold water to help this valuable fish reproduce.”

“If you want to go fishing, contact one our many fine charter boats and they’ll do their best to get you on the fish,” added Gonella.

The Golden Gate Salmon Association (GGSA) is a coalition of salmon advocates that includes commercial and recreational salmon fishermen, businesses, restaurants, tribes, environmentalists, elected officials, families and communities that rely on salmon. GGSA has a board composed of representatives of this diverse community, which reaches from Oregon to the California Central Coast, through the Bay-Delta and up a dozen rivers in the Central Valley.

The Fish & Game Commission press release is available at
http://cdfgnews.wordpress.com/2012/04/19/commission-adopts-salmon-season-regulation-packages.

2012 Ocean and River Salmon Seasons:

The newly adopted ocean salmon sport fishing regulations conform to those adopted by the Pacific Fisheries Management Council. The opening date in the Klamath Management Zone is May 1. All other zones are currently open. Complete ocean salmon regulations are posted athttp://www.dfg.ca.gov/marine/oceansalmon.asp

On all Central Valley rivers, the daily bag and possession limit is two Chinook salmon.

On the Trinity and Klamath rivers the daily bag limit is four Chinook of any size and eight in possession prior to reaching the quota. All anglers must have Salmon Harvest Cards in their possession when fishing for salmon on the Klamath and Trinity rivers.

Other enhanced salmon fishing opportunities are available on the Mokelumne River and portions of the Feather River from the unimproved boat ramp above the Thermalito Afterbay Outfall down river.

Key elements of the newly adopted inland salmon seasons and regulations for Central Valley rivers and the Klamath and Trinity rivers are listed below. The full regulations package approved by the Commission is available at http://www.fgc.ca.gov/regulations/2012/index.aspx

SACRAMENTO RIVER



Open Aug. 1 through Dec.16 from the Deschutes Road Bridge near Anderson downstream to 500 feet upstream from Red Bluff Diversion Dam.

Open July 16 through Dec. 16 from 150 feet below the Lower Red Bluff (Sycamore) boat ramp to the Highway 113 Bridge near Knights Landing.

Open July 16 through Dec. 16 from the Highway 113 Bridge near Knights Landing downstream to the Carquinez Bridge.



FEATHER RIVER

Open July 16 through Oct. 15 from unimproved boat launch ramp above the Thermalito Afterbay Outfall downstream to 200 yards above the Live Oak boat ramp.

Open July 16 through Dec. 16 from 200 yards above Live Oak boat ramp to the mouth. 



AMERICAN RIVER


Open from July 16 through Dec. 31 from Nimbus Dam to Hazel Avenue Bridge.

Open from July 16 through Aug. 15 from Hazel Avenue Bridge to the United States Geological Survey (USGS) gauging station cable crossing near Nimbus Hatchery.

Open July 16 through Oct. 31 from the USGS gauging station cable crossing near Nimbus Hatchery to the Sacramento Municipal Utility District (SMUD) power line crossing the southwest boundary of Ancil Hoffman Park.

Open from July 16 through Dec. 16 from the SMUD power line crossing at the southwest boundary of Ancil Hoffman Park to the Jibboom Street Bridge.

Open July 16 through Dec. 16. from the Jibboom Street Bridge to the mouth.

MOKELUMNE RIVER

Open July 16 through Oct. 15 from Camanche Dam to the Highway 99 Bridge.

Open July 16 through Dec. 31 from the Highway 99 Bridge to the Woodbridge Irrigation District Dam, including Lodi Lake.

Open July 16 through Dec. 16 from the Lower Sacramento Road Bridge to the mouth. (For purposes of this regulation, this river segment is defined as Mokelumne River and its tributary sloughs downstream of the Lower Sacramento Road Bridge, east of Highway 160 and north of Highway 12.)

KLAMATH RIVER

Open to fall-run Chinook salmon fishing from Aug. 15 through Dec. 31 with a daily bag limit of four Chinook salmon of any size. The possession limit is eight Chinook salmon of any size. The 2012 quota for the Klamath River basin is 67,600 fall-run salmon more than 22 inches long. Once this quota has been met, no Chinook salmon greater than 22 inches long may be retained (anglers may still retain a limit of Chinook salmon under 22 inches). A weekly DFG status report will be available by calling 1-800-564-6479.

Open to spring-run Chinook salmon fishing from Jan. 1 through Aug. 14 with a daily bag and possession limit of two salmon. The take of salmon is prohibited on the Klamath River from Iron Gate Dam downstream to Weitchpec from Jan. 1 through Aug. 14.

TRINITY RIVER

Open to fall-run Chinook salmon fishing from Sept. 1 through Dec. 31 with a daily bag limit of four Chinook salmon of any size. The possession limit is eight Chinook salmon of any size. The 2012 quota for the Klamath River basin is 67,600 fall-run salmon more than 22 inches long. Once this quota has been met, no Chinook salmon greater than 22 inches long may be retained (anglers may still retain a limit of Chinook salmon under 22 inches). A weekly DFG status report will be available by calling 1-800-564-6479. The Trinity River main stem downstream of the Highway 299 Bridge at Cedar Flat to the Denny Road Bridge in Hawkins Bar is closed to all fishing Sept. 1 through Dec. 31.

Open to spring-run Chinook salmon fishing from Jan. 1 through Aug. 31. The daily bag and possession limit is two Chinook salmon. The take of salmon is prohibited from the confluence of the South Fork Trinity River downstream to the confluence of the Klamath River from Jan. 1 through Aug. 31.

All other regulations for bag and possession limits for trout, salmon and other species, as well as general information about restrictions on fishing methods and gear on the above rivers, are available on the DFG website at http://www.dfg.ca.gov/regulations

by Dan Bacher

John Laird, the California Secretary for Natural Resources, on Wednesday announced the release of a draft policy directing the resources agency and its departments to “increase communication and collaboration with California’s Native American tribes.”

The lack of consultation by the agency with tribes on environmental programs including the Marine Life Protection Act (MLPA) Initiative, Delta Vision, Bay Delta Conservation Plan and other processes has led to frequent conflicts between the Tribes and the state. This failure to consult has led to many protests, including the peaceful take over of an MLPA Blue Ribbon Task Force meeting in Fort Bragg on July 21, 2010 by over 300 Tribal members and their allies to protect Tribal gathering rights.

The draft policy letter is available at: http://resources.ca.gov/docs/Final_Tribal_Policy_Letterhead.pdf

A news release from the agency said, “This will help further the mission of the California Natural Resources Agency and provide meaningful input into the development of regulations, rules and policies that may affect tribal communities.”

“Native American tribes have a unique relationship with the state’s natural resources,” said Laird. “It is only by engaging in open, inclusive and regular communication that the interests of California’s tribes will be recognized and understood.”

On Sept. 19, 2011, Governor Jerry Brown issued Executive Order B-10-11, which states that “it is the policy of the administration that every state agency and department subject to executive control is to encourage communication and consultation with California Native American tribes.”

The release noted that all California native tribes “have distinct cultural, environmental, economic, and public health interests.” The Natural Resources Agency and its departments interact frequently with tribal communities and are already working closely with them in many of these areas. The secretary’s direction is intended to build on those existing relationships, and encourage further outreach and collaboration.

“Historically, state government and California’s tribes have experienced conflict,” Laird said. “I intend to improve the relationships between the agency responsible for the state’s wild places and the communities that have watched over them for centuries.”

Secretary Laird’s direction aims to “create informed decision making where all parties involved share a goal and can reach decisions together,” according to the agency. All parties involved should encourage respect, shared responsibility, and an open and free exchange of information.

Laird noted that the policy “is intended as guidance for employees of the Natural Resources Agency and its departments only, and does not extend to other government entities.”

Craig Tucker, Klamath Coordinator for the Karuk Tribe, reacted to the announcement by stating, “Finally California is developing a policy for consulting with tribes. This would have been a great idea before initiating things like the corrupt Marine Life Protection Act (MLPA) Initiative process!”

“If this policy was in place before the MLPA process started, we probably would have realized a better outcome and have avoided the litigation that is likely to follow,” said Tucker.

“This is a step in the right direction,” said Tucker. “It is ridiculous that tribes have had to wait 150 years for a consultation policy from California.”

He added, “One of the complaints by the tribes is that they are brought into the process is after the power point presentations are made. The Tribes should be brought into processes at the conceptual stage – not after the plan is already developed. This new policy will help us out.”

“We should give kudos to the Brown administration for taking the initiative to develop this policy,” said Tucker.

Caleen Sisk, Chief and Spiritual Leader of the Winnemem Wintu Tribe, said she is happy that the Governor is concerned about hearing the voices of California Indians, but criticized the draft tribal policy document for lacking any real committment to tribes other than consultation.

“After reading this short little description of the California Natural Resources Tribal Policy for the departments, I find it amazing that while one would think this is a positive step forward because it sounds so determined to acknowledge and respect California Tribal peoples, it is without any real commitment other than to consult,” said Sisk.

“The Winnemem Wintu Tribe has evaluated the consultation processes as being highly ineffective,” he stated. “What we do want to see is how the Governor will install and use the Articles of the UN DRIP to affirm our Indigenous peoples’ rights to ‘free, prior, and informed consent.’ I am glad to see that the Governor’s Office is concerned about the voices of the California Indians, but I would like to see some solid policies that ’cause change’ because they are meant to cause change!”

The document states, “This policy defines provisions for improving Natural Resources Agency consultation, communication and collaboration with tribes to the extent that a conflict does not exist with applicable law or regulations.”

Sisk responded, “The reason we need a policy that has some clout for change is because there are inappropriate laws and regulations that ignore or suppress the rights of California Tribal peoples that are all ready causing ‘conflicts.’”

“I do hope for the best to come of this attempt to develop ‘inclusive and regular communication efforts that the interests of California’s tribes and tribal communities will be recognized and understood in the larger context of complex decision-making.’ “It would also be important for the Governor to provide a budget for this effort on the part of the California Tribal peoples, who are always expected to volunteer their time when everyone else at the table is on the payroll.”

The lack of any tribal consultation policy has been a persistent problem in not only the privately funded Marine Life Protection Act (MLPA) Initiative process to create “marine protected areas” along the California Coast, but in the Delta Vision and Bay Delta Conservation Plan (BDCP) processes designed to build a peripheral canal or tunnel and other programs managed by the Natural Resources Agency.

Under pressure from fishermen, tribal members and environmentalists, the Schwarzenegger administration finally appointed one tribal representative, Gary Mulcahy of the Winnemem Wintu Tribe, to the Delta Vision stakeholders group in 2005. However, the Resources Agency has refused to date to appoint any tribal representatives, as well any fishermen, Delta residents and family farmers, to the Bay Delta Conservation Plan Management Committee.

Indian Tribes, fishermen, Delta residents, family farmers, grassroots environmentalists and scores of elected officials are opposed to the construction of the peripheral canal because they and the government’s own scientists believe that it will hasten the extinction of Central Valley chinook salmon, Delta smelt, longfin smelt and other species.

The policy will be circulated for comment, with a comment deadline of July 15, 2012. A public meeting will be held on June 26 at 1:30 pm, at Thunder Valley Resort, 1200 Athens Avenue, Lincoln, California 95648.