Lawsuit filed over new DFG coho salmon regulations

By Will Duggan
March 12, 2008

Seeking to overturn new regulations they believe could jeopardize coho salmon and their habitat, several environmental and fishery groups filed suit last week in San Francisco Superior Court against the California Department of Fish and Game.

The group is charging that the regulations, as adopted by the DFG in Dec. 2007, violate the California Endangered Species Act, according to a press release issued by the Sierra Club, California Trout and the Environmental Protection Information Center .

At the center of the lawsuit is DFG's move to delegate some fish protection duty and authority that revolves around the issue of incidental take to the agency that approves logging plans, The California Department of Forestry and Fire Protection. Also factoring into the dispute are the CDF road management rules.

Incidental take refers to the accidental killing of one or more coho salmon in the course of logging activity.

California Fish And Game Public Information Officer Steve Martarano said in a telephone interview, “The new regulations are consistent with the department's recovery strategy for the coho. We're hopeful that this matter can be resolved without going to court.”

The Board of Forestry held two hearings in the summer of 2007 during which they took public comments regarding the proposed change in regulations

The press release put out by the plaintiffs in the case states that the DFG regulations are tied to a package of new rules the State Board of Forestry adopted last year that allow the timber industry to continue “business as usual” practices that harm salmon habitat.

Information posted on the Board of Forestry's website specified that the new proposal provides mitigation measures for timber operations that sufficiently provide protection for coho salmon and facilitate a process for DFG's issuance of incidental take permits. The change is intended to expedite the application process for incidental take permits where timber operations and activities may result in the take of the coho species.

“Fish and Game is trying to pawn off its responsibility to protect our threatened salmon on CDF,” said Scott Greacen of EPIC. “And CDF has just put in place road management rules that ensure coho will continue to be routinely harmed by logging practices.”

Coho salmon have been listed as threatened or endangered from the Oregon border south through the San Francisco Bay since 2004, and have been designated as endangered from San Francisco to Monterey Bay since 1995. The federal government also lists coho salmon as an endangered species.

Recently the California Supreme Court upheld an earlier Court of Appeal and State Superior Court ruling that affirmed the endangered species status for the coho.

In Oregon , on Oct. 9th, 2007 , a federal judge declared the Bush administration's decision to remove endangered species protections for Oregon coast coho salmon as illegal.

“California Trout fought long and hard to have coho salmon listed as endangered by the State of California ,” said Brian Stranko, Chief Executive Officer of California Trout. “DFG has a legal obligation to protect native salmon. We are disappointed that this administration has put the interests of the logging industry above long term survival of coho salmon, a species that is clearly at risk.”

The plaintiffs argue that the DFG approved incidental take permit guidelines for timber regulations violate CESA, the California Fish and Game Code, the California Environmental Quality Act and the Administrative Procedures Act.

The lawsuit also alleges that DFG and the Board of Forestry acted improperly when adopting the incidental take regulations because both agencies failed to address concerns raised repeatedly by the plaintiffs during the rule making process.

Another lawsuit against the BOF was filed by EPIC and the Sierra Club late last year regarding the same set of regulations according to the press release.

“These rules focus on making it easier to kill endangered salmon rather than recovering their habitat,” said Paul Mason, Deputy Director of Sierra Club California . “We need to restore salmon habitat, not streamline the killing of the few remaining wild coho salmon.”

The DFG maintains native fish, wildlife, plant species and natural communities for their intrinsic and ecological value and their benefits to people. This includes habitat protection and maintenance in a sufficient amount and quality to ensure the survival of all species and natural communities. The department is also responsible for the diversified use of fish and wildlife including recreational, commercial, scientific and educational uses according to the official department website.

The CDF website indicates that the department protects the people of California from fires, responds to emergencies, protects and enhances forests, range lands and watershed values providing social, economic and environmental benefits to rural and urban citizens.

The Board of Forestry leads California in developing policies and programs that serve the public interest in environmental, ecological and socially sustainable management of forest and rangelands and a fire protection system that serves and protects the people of the state according to their website.

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Source:  http://www.mtshastanews.com/articles/2008/03/12/news/area_news

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