Incidental Take Permits for Shasta and Scott River Coho Salmon
The National Marine Fisheries Service (Weitkamp et al., 1995) found Coho salmon (Oncorhynchus kisutch) required protection under the federal Endangered Species Act (ESA), throughout their range in northwestern California and southern Oregon more than a decade ago. The California Department of Fish and Game (CDFG) eventually reached a similar conclusion and moved to list coho under California Endangered Species Act (CESA) statutes in 2003 (CDFG, 2002).
An Incidental Take Permit (ITP) is required by CESA by any party planning to engage in any land or water use that might cause harm to any species listed. On October 11, 2006 CDFG issued a Notice of Preparation (NOP) of a Draft Environmental Impact Statement (DEIS) for a Shasta and Scott River Watershed-Wide Coho Salmon Incidental Take Permitting Programs. CDFG’s ITP initiative and EIS are in response to draft applications by agricultural groups in both basins, which Work Group members found to be problematic in terms of approach and sufficiency (see comments below).
Coho salmon populations in both the Shasta and Scott River basins are clearly at high risk of extinction (NRC, 2004) and the quality of the ITPs will determine whether they continue their decline to extinction or begin recovery. Work Group members are also concerned about how CDFG will deal with flow issues in these basins, because TMDL studies indicate that water quality problems like temperature cannot be solved unless agricultural water diversion and ground water pumping is reduced.
Status: CDFG issued the final EIR for incidental take permit (ITP) for agricultural activities in the Shasta and Scott River basins for coho salmon under the California Endangered Species Act (CESA) on September 21, 2009. Member tribes of the Work Group have expressed strong reservations about both ITPs that are characterized in linked documents below. The local agricultural interest groups that would be ITP Permittees would be vested with enforcement authority for CDFG Codes, including Section 5937 that requires that flows be left in streams. Instead of improving enforcement to provide water for coho, CDFG will sanction these illegal practices going forward. Coho salmon are currently in “jeopardy” status under CESA guidelines in both the Shasta and Scott River basins and the actions taken under the ITPs are not sufficient to reverse their decline. Consequently, the ITPs do not meet CESA guidelines and should be opposed.
Shasta ITP Work Group Comments:
Quartz Valley Indian Community. 2006. Scoping Comments on Shasta River Basin Agricultural Coho Salmon Incidental Take Permit. Submitted to CDFG, Region 1 by QVIR. ITP filed with CDFG. 20 p
Quartz Valley Indian Community. 2008. Comments on Draft Shasta River Basin Agricultural Coho Salmon Incidental Take Permit. Submitted to CDFG, Region 1 by QVIR. ITP filed with CDFG. 13 p.
Scott ITP Work Group Comments:
Quartz Valley Indian Community. 2006. Scoping Comments on Scott River Basin Agricultural Coho Salmon Incidental Take Permit. Submitted to CDFG, Region 1 by QVIR. ITP filed with CDFG. 23 p
Quartz Valley Indian Community. 2008. Comments on Draft Scott River Basin Agricultural Coho Salmon Incidental Take Permit. Submitted to CDFG, Region 1 by QVIR. ITP filed with CDFG. 29 p.
Download Final Shasta and Scott ITP FEIR’s (very large! 35 Mb)
Final Scott River ITP Volume #1
Final Scott River ITP Volume #2
Final Shasta River ITP Volume #1
Final Shasta River ITP Volume #2
Summary of Issues - Shasta River Coho Salmon Incidental Take Permit (ITP) DEIR
- California Department of Fish and Game (CDFG) should not issue an Incidental Take Permit (ITP) for Shasta River coho salmon because the actions under the permit are not sufficient to recover the species.
- The Draft Environmental Impact Report (DEIR) rejects Dwinnell Dam removal option when its operation is illegal under CDFG Code 5937 and removal is critical to coho salmon recovery and water pollution abatement.
- DEIR failure to address needs of steelhead and Chinook salmon in the DEIR and ITP implementation impacts fails California Environmental Quality Act (CEQA) requirements for analysis of cumulative effects.
- DEIR ignores epidemic problem in the Shasta River basin of non-enforcement of laws related to stream flow and water allocation by CDFG, State Water Resources Control Board (SWRCB) Water Rights Division (WRD) and the Department of Water Resources (DWR).
- The ITP will not restore flows to streams that have been dried up illegally, reduce over-extraction of groundwater or increase flows in the lower Shasta River canyon to meet legal requirements and biological needs; therefore, coho will not be recovered.
- Lack of improvement of flows in the Shasta River and its tributaries means that recognized water temperature problems will not be resolved, and abatement of temperature pollution is critical to coho recovery.
- CEQA requirements compel CDFG to share all data from the existing DEIR and the Department needs to commit itself and the Shasta Valley RCD to full disclosure and public sharing of all data, including raw data.
- Decades of increasingly intensive agricultural activities in the Shasta River, including flow reductions, have caused increasing levels of “take” of coho salmon to the point that the species is at high risk of extinction, also known as Jeopardy under the California Endangered Species Act (CESA).
- Current activities pose Jeopardy and changes in existing practices are not sufficient to prevent continuing loss of coho salmon and their habitat; therefore, ITP implementation would contribute to Jeopardy which makes it illegal under CESA and CEQA.
- CDFG Is wasting a huge amount of time and money on the Shasta and Scott River ITPs, which are driven by water extraction interests, and your Department’s resources should instead be channeled into enforcing existing laws and abating problems.
Summary of Issues - Scott River Coho Salmon Incidental Take Permit (ITP) DEIR
- California Department of Fish and Game (CDFG) should not issue an Incidental Take Permit (ITP) for Scott River coho salmon because the actions under the permit are not sufficient to recover the species.
- The Draft Environmental Impact Report (DEIR) is strongly biased toward farm and ranch interests and is not scientifically justifiable; therefore, it does not meet California Environmental Quality Act (CEQA) requirements for use of “best science.”
- Failure to address needs of steelhead and Chinook salmon in the DEIR or ITP implementation impacts on them fails CEQA’s requirement for analysis of cumulative effects.
- DEIR ignores epidemic problem in the Scott River basin of non-enforcement of laws regarding stream flow and water allocation by CDFG, State Water Resources Control Board (SWRCB) Water Rights Division (WRD) and the Department of Water Resources (DWR).
- The ITP will not restore flows to streams that have been dried up illegally, reduce over-extraction of groundwater or increase flows in the lower Scott River canyon to meet legal requirements; therefore, coho will not be recovered.
- Lack of improvement of flows in the Scott River and its tributaries means that recognized water temperature problems will not be resolved, and abatement of temperature pollution is critical to coho recovery.
- The ITP will pay water diverters through a Water Trust to keep flows in streams for coho salmon, when it is their legal requirement to do so under existing statutes. This is unnecessary and an unacceptable precedent.
- CEQA requirements compel CDFG to share all data from the existing DEIR and the Department needs to commit itself and the Siskiyou RCD to full disclosure and public sharing of all data, including raw data, in all processes.
- Continuance of extensive livestock grazing in riparian zones of high habitat potential coho salmon streams under the ITP is unacceptable.
- Decades of increasingly intensive agricultural activities in the Scott River, including flow reductions, have caused increasing levels of “take” of coho salmon to the point that the species is at high risk of extinction, also known as Jeopardy under the California Endangered Species Act (CESA).
- Current activities pose Jeopardy and changes in existing practices are not sufficient to prevent continuing loss of coho salmon and their habitat; therefore, ITP implementation would contribute to Jeopardy which makes it illegal under CESA and CEQA.
References
California Department of Fish and Game. 2002. Status Review of California Coho Salmon North of San Francisco. Report to the California Fish and Game Commission. California Department of Fish and Game, Sacramento, CA. 336pp. At KRIS Web site.
California Department of Fish and Game. 2006. Scott River Watershed-Wide Permitting Program Environmental Check List and Initial Study. CDFG, Region 1, Redding, CA. 73 p.
California Department of Fish and Game. 2006b. Notice of Preparation of a Draft Environmental Impact Report: Scott River Watershed-Wide Permitting Program for Coho Salmon Incidental Take Permit (ITP). 10/19/06. CDFG, Region 1, Redding, CA. 11 p.
California Department of Fish and Game. 2006b. Shasta River Watershed-Wide Permitting Program Environmental Check List and Initial Study. CDFG, Region 1, Redding, CA. 77 p.
California Department of Fish and Game. 2006a. Notice of Preparation of a Draft Environmental Impact Report Shasta River Watershed-Wide Permitting Program. CDFG, Region 1, Redding, CA. 11 p.
California Department of Fish and Game. 2009. Chinook salmon reconnaissance survey on the Scott River, Memo of September 28, 2009 from Mark Hampton to Mark Pisano, CDFG, Yreka, CA. 4 p.
National Research Council (NRC). 2003. Endangered and threatened fishes in the Klamath River basin: causes of decline and strategies for recovery. Committee on endangered and threatened fishes in the Klamath River Basin, Board of Environmental Toxicology, Division on Earth and Life Studies, Washington D.C. Prepublication copy. 334 pp.
At KRIS Web site.
Shasta Valley Resource Conservation District. 2005. Master Incidental Take Permit (ITP) Application for Coho Salmon (Oncorhychus kisutch). March 29, 2005. Submitted to the California Department of Fish and Game. SVRCD, Yreka, CA.
Siskiyou Resource Conservation District. 2005. Draft Siskiyou Resource Conservation District Incidental Take Permit Application for Coho Salmon. Submitted to the California Department of Fish and Game Region 1 in March 2005. Siskiyou RCD, Etna, CA. Download zipped document with all the appendices.
Weitkamp, L. A., T. C. Wainwright, G. J. Bryant, G. B. Milner, D. J. Teel, R. G. Kope, and R. S. Waples. 1995. Status review of coho salmon from Washington, Oregon, and California. U.S. Dep. Commer., NOAA Tech. Memo. NMFS-NWFSC-24, 258 p. At KRIS Web site.
