Fishery Scientists Renew Appeal to Save Delta Smelt

CSPA Advisory: 6-5-07

Fishery Scientists Renew Appeal to Save Delta Smelt

Highly respected fishery biologists Tina Swanson and Peter Moyle, both Ph.Ds, have again notified the state and federal water projects and fishery agencies that immediate action is essential if the delta smelt are to be saved. The actions they recommend would also be of valuable assistance to young of the year striped bass, longfin smelt, and threadfin shad whose populations have also been severely impacted by water projects and other diversions of water from the Delta and its tributaries.

Their request comes on the heels of action by the California Department of Fish & Game to protect the few smelt that remain in the system from destruction by the State and Federal Water Projects. On May 31st , DFG Director Broddrick notified DWR that due to increasing take of smelt by the projects, pumping should be stopped.

“While these conditions exist,” wrote Broddrick, “we believe immediate and significant action on your part is warranted. These actions are as follows:

• Cease pumping water at the Harvey O. Banks facility, to maximum feasible extent consistent with health and safety;

• Maintain agricultural barriers in the south Delta in an open position”.

The next day the Director of the Department of Water Resources, Lester Snow, shut the State Water Project pumps down saying: “Drastic times call for drastic measures. While there are clearly many factors at play in the current decline of smelt in the Delta, we must act on the one that is within our control. That is why DWR will stop pumping in the Delta as a preventative measure to protect endangered fish that are currently located near our facilities.”

As of this writing, the federal Bureau of Reclamation is still exporting water from the Delta causing reverse flows that pull smelt into Old and Middle Rivers and into the federal export pumps near Tracy. The US Fish & Wildlife Service is charged with protecting the smelt under the federal Endangered Species Act. Their evisceration at the hands of Julie MacDonald, Assistant Secretary for Fish, Wildlife and Parks (an Interior Department agency) must have the Service still ducking, as they have not stepped up with a “Jeopardy Finding” that would stop the BOR pumps.

MacDonald recently resigned under a cloud of accusations (and some pretty good evidence) regarding her preempting the science in the Biological Opinions issued by the Service to protect listed species – a rather morally bankrupt way to achieve the administration’s desired political outcomes. There is clear evidence she altered the Service’s Biological Opinion on the Smelt to enable greater water export from the Delta.

Several days ago the federal court ruled that the US Fish and Wildlife Service’s Delta Smelt Biological Opinion must be rewritten. Conservation groups sued the agency, arguing that Biological Opinion encouraged increased pumping while ignoring the steep decline in the fish's numbers and that it was not supported by science. The court agreed saying the document was arbitrary, capricious, and contrary to law.

So, why is such a little fish so important? Because it has become a surrogate for the health of the estuary. It was once an important forage species in the estuary’s foodweb. Today, that foodweb looks more like Swiss chess than an integral part of a viable ecosystem and the possible extinction of the smelt says volumes about what is happening to other fisheries. But, the ecosystem still has some life left.

More than two months ago, Swanson and Moyle sent their first letter to the state and federal fish and water agencies expressing their deep concern for the future of the rapidly declining smelt and urging the implementation of important changes in water project operations to fend off what clearly loomed as delta smelt extinction. They strongly supported the recommendations of the scientific team that was studying the Pelagic Organism Decline (POD) and urged the water projects to minimize the anticipated reverse flows in the southern Delta and take actions to increase the Delta outflow into Suisun and Honker Bays to avoid pulling the young smelt from the northwestern Delta into the pumping plants in the south Delta.

The Water Operations and Management Team that oversees the two projects heard the POD recommendations but declined to implement them! By early April it was extremely difficult to find smelt and it was estimated that the population was down at least 93% from the depleted population of the previous year. Yes, the pumping by the projects had pulled many of the smelt into the central and southern Delta. By mid May the remaining population had fallen to an all time low and the Delta Smelt Working Group of scientists called for “an emergency response” to prevent the water projects from pulling the remaining fish into the pumping plants.

The second Swanson - Moyle letter was issued several days ago and calls for establishing flow regimes that would move the fish that have been pulled into the central and southern Delta to the western Delta away from the pumping plant. To realize this objective would require increasing San Joaquin River flows for a ten day period to 3,500 cfs while significantly reducing exports. The authors note that this may be the last chance the projects have to reduce water project related mortality by helping the fish move to habitat where it can complete its life cycle and generate the fishery for next year. They also note this would help other fisheries that have been in decline including the striped bass and longfin smelt.

While the preceding is highly summarized, it is important to note that the collapse of smelt and other pelagic species had – until this point – not significantly altered project operations. Just a few months ago we sued DWR for failing to obtain a permit under the California Endangered Species Act that would compel them to work with the DFG to mitigate the damage the State Water Project causes to this fishery. After we prevailed in the Superior Court decision, DWR appealed and bought time to continue pumping without an incidental take permit.

Since the BOR pumps water primarily to agriculture and much of it is going to corporate agriculture while the Delta is collapsing, perhaps it is time to rally the angling and environmental troops to call it like we see it! The federal Central Valley Project was paid for by tax payers to provide water to family farmers to grow food with the provision that the growers would pay back the cost of the project. Its been half a century and the public has yet to be paid back and many of the family farms have been replaced by corporate agribusiness.

Then, consider the crop subsidies for “King Cotton”, rice and who knows what else along with the federal payments to not grow it! This certainly helped to make some very wealthy and politically powerful growers. Also recall that they don’t pay the real cost of using the public’s water the project delivers, as it is highly subsidized as well. Not all the growers share these “incentives”, but it is more than a little disconcerting that these beneficiaries of public resources are also not paying their fair share to restore the fisheries water development has so egregiously damaged or driven to extinction. Perhaps worst of all, is the political payoff whereby campaign (and other) contributions are wielded into political power that drive public resource policies while our fisheries and the healthy ecosystem they require continue to decline and move closer to extinction.

It’s time for all of us to raise our voice over what is happening to OUR fisheries. It’s a fact that they are still owned by the public and provide substantially to our quality of life and to local, state and national economies. I recommend that you log onto http://www.water4fish.org/ and sign on to the petition endorsed by more than ten thousand anglers to fight back for saving and restoring our fisheries and urge your friends to do the same. The more anglers that sign on, the greater our political power. Without a strong political power base our fisheries will be lost. If your are not already a member, please consider supporting CSPA’s conservation and legal efforts on behalf of the fight.

Below, are several related news articles and press releases for you review.

John Beuttler, Conservation Director
California Sportfishing Protection Alliance
1360 Neilson Street
Berkeley, CA 94702
510-526-4049
JBeuttler [at] aol.com