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bonish
02-10-2010, 05:51 PM
http://www.mercurynews.com/news/ci_14374675

Calif. wildlife agency sued over fish stocking
The Associated Press
Posted: 02/10/2010 01:08:17 PM PST
Updated: 02/10/2010 01:08:18 PM PST

SACRAMENTO, Calif.—An environmental group is suing a state wildlife agency over its program to stock hatchery-raised fish in California's lakes and streams.

The lawsuit by the Arizona-based Center for Biological Diversity primarily targets hatchery-raised trout. It says trout bred by the Department of Fish and Game for recreational fishermen will hunt native fish and amphibians.

The lawsuit was filed Wednesday in Sacramento County Superior Court.

It asks the state to perform a new study of the fish-stocking program and propose ways to protect Chinook salmon, mountain yellow-legged frogs and long-toed salamanders.

http://www.biologicaldiversity.org/news/press_releases/2010/fish-stocking-02-10-2009.html
For Immediate Release, February 10, 2010
Contact: Noah Greenwald, (503) 484-7495
Dr. Roland Knapp, (760) 647-0034

Lawsuit Filed to Protect Native Fish and Amphibians From Hatchery Fish Stocking by the
California Department of Fish and Game

SACRAMENTO, Calif.— The Center for Biological Diversity today filed suit against the California Department of Fish and Game over the environmental impacts of stocking millions of hatchery fish in streams and water bodies every year, particularly the harmful impacts on native trout, steelhead, salmon, amphibians, and other wildlife. In response to a previous suit brought by the Center, the Department issued an environmental impact report on January 11, 2010 that was supposed to analyze and mitigate the impacts of the hatchery fish-stocking program. Today’s suit asserts that the impact report utterly failed to analyze the full impacts of nonnative fish stocking or adopt adequate measures to reduce the program’s harm.

“The California Department of Fish and Game has utterly failed to mitigate for the devastating impacts of stocking hatchery fish on native fish and wildlife like chinook salmon, mountain yellow-legged frogs, and long-toed salamanders,” said Noah Greenwald, endangered species program director at the Center. “Fish and Game needs to redo its impact report and propose measures to reduce the destructive impacts of fish stocking.”

Rather than consider the cumulative impacts of a century of introducing nonnative fish, the report sets the baseline for analysis as the current fish-stocking program, dodging the obvious need to assess declines in native species caused by previous stocking practices. The report also defines the purpose of the stocking program as the maintenance of existing, flawed stocking policies, when the purpose of the program should be providing quality opportunities for recreational fishing and protecting native species. Fish and Game’s limited consideration of alternatives focused on creating fisheries by intensive stocking, rather than simply maintaining wild fisheries in suitable waters. Yet a number of studies suggest that wild fisheries can provide better fishing opportunities than artificially stocked waters.

“Fish and Game has missed the mark with this review and failed to consider alternatives that better meet its mission of providing fishing opportunities and conserving native wildlife,” said Greenwald. “It’s questionable whether the current fish-stocking program effectively provides fish for recreation or commercial purposes.”

Stocking of non native trout has contributed to declines of many native species, particularly amphibians such as the mountain yellow-legged frog, Cascades frog, and long-toed salamander, which need fishless, high mountain lakes for survival. Rather than adopting a policy of ceasing stocking in waters where such sensitive aquatic species occur, Fish and Game has stated that it will “consider” not stocking if it believes stocking will have a significant impact.

“The Department of Fish and Game had a unique opportunity with this environmental analysis to develop fish-stocking options that could benefit both native species and anglers,” said Roland Knapp, a biologist at the University of California’s Sierra Nevada Aquatic Research Laboratory who has studied the decline of the mountain yellow-legged frog for more than a decade. “Instead, they’ve produced an impact report that will benefit neither. That is truly a lost opportunity.”

Scientists with the National Marine Fisheries Service have determined that in addition to widespread habitat degradation, hatchery stocking is an important factor in the recent collapse of salmon runs that led to a complete shutdown of commercial salmon fishing in much of California and Oregon for the past two years. One federal study concluded that the “longstanding and ongoing degradation of freshwater and estuarine habitats and the subsequent heavy reliance on hatchery production were also likely contributors to the collapse” of salmon stocks. The state’s new report does not propose any specific mitigations to address the impacts of hatchery fish on native salmon stocks.

“Because of Fish and Game’s wholesale failure to consider or mitigate the impacts of fish stocking on native species, we have no choice but to file suit to force the Department to reevaluate,” said Greenwald.

Darian
02-11-2010, 11:00 PM
WOW!!!! The Center for Biological Diversity in Arizona wants a better study/EIR to determine practices that have been carried out for the last 100 years :question: :question: And, "nonnative fish stocking" :question:

I'm all for completing EIR's, but am a bit confused here (not unusual, tho).... :confused: If DFG missed the opportunity to address the impacts of past stocking practices, why not include the impacts of past stockings by private hatcheries, of past hydrological projects, of past rampant development, past fish farming and past infrastructure projects plus all of the rest.... :question: :question: :confused: Why not ask DFG to establish mitigation for the impact of a particular invasive, nonnative species such as, US (humans) :question: If this is sounding a bit sarcastic, it's intended to.... :rolleyes: :rolleyes:

Instead of solving problems, litigation tends to have the unintended side affect of slowing everything down to a crawl or dead stop and, spends scarce dollars and resources on courts and lawyers.... [-X Ever wonder where your license money goes....:question: If the donations we all make to conservation organizations are used to file suits like this one, kinda seems like our dollars are being used against each other doesn't it.... ](*,) ](*,)

Ed Wahl
02-12-2010, 05:57 AM
I'm no fan of CBD, but if DFG has done a whitewash of it's first EIR then perhaps they should re-do it, this time with someone watching.

Not being a biologist, I guess I'd need someone who is to determine if DFG did it's job or just went through the minimum motions to appease the courts last time.

Their track record is not the greatest when it comes to fisheries issues.

Ed

Bob Laskodi
02-12-2010, 09:25 AM
Ed you're dead on with this comment.
<<<just went through the minimum motions to appease the courts last time.>>>
Exactly what DFG did. Took a ginormous pile of paper, slapped an EIR sticker on it, and went about their normal business of stocking non-native fish in waters that contain endangered/imperiled native species. No analysis of impacts and alternatives, no trade off studies or cost benefit, no attempt to mitigate damage caused in the future (or past), in short a POS. Second worst EIR I've ever seen, the worst being DFG's Paiute project. It's so bad that CBD will likely have no problem convincing a judge that it is flawed and will reinstate the stocking ban until a proper EIR is completed.
For Darian; while CBD is HQ in Arizona they have offices in CA and Dr Knapp is from UCSB and runs (formerly) the UC Sierra Nevada Research Lab. DR Knapp's academic credentials are impeccable and his experience is CA based. In addition, the lawsuit specifically did not cover private practices because any private stocking has to be done with DFG permits, and DFG controls/monitors the stocking (supposedly). As for the rest of your rant regarding hydrological projects, development, etc, well, that stuff was not included in the lawsuit because DFG does not control those issues. In addition, your anti-litigation rant is unfounded, and what CBD is doing here is mirrored by many respected conservation organizations and is an important legal tool brought forth due to NEPA/CEQA, which is one of the few legal methods available for controlling destructive environmental practices. In fact, Trout Unlimited first sued DFG over this exact same issue (using the exact same approach) many years ago (around 15), and the suit was settled when DFG agreed to complete an EIR and never completed their obligation. Also, this latest lawsuit is merely a continuation of the previous lawsuit, in that CEQA allows a 30 day period after release of the "final" EIR for "challenging" the validity of the released EIR, and the final EIR was released January 10. If CBD had not filed this within the 30 days, the entire EIR process is considered "settled" and no other legal challenges can be issued.

Ned Morris
02-12-2010, 02:40 PM
This really gets me going but glad to see someone is calling out DFG. For years I have sent letters complaining about trout stockings I saw first hand in streams where pure Kern River Rainbows existed. To my horror I saw the same thing happen 3 years ago on a creek that was McCloud Redband habitat outside Shasta. If it is absolutely necessary to stock Native Trout waters to provide angling opportunities wouldn't logic dictate to re-introduce, although artificially raised, a Native Trout that is 100% genetically the same as the fish that currently inhabits that particular drainage? Makes sense to me. Unfortunately this is not likely to happen anytime soon as the Sierras is continuely littered with thousands of LahontanXRainbow Hybrids each year that get passed off as Lahontan Cutthroats. Same excuse I guess. It would simply cost too much money. What will the cost be when these fish are gone forever???

Darian
02-15-2010, 11:37 PM
Bob,.... Spare me the lecture. I'm well aware of the points you made and have discussed them in many other posts over the last few years. My point is/was that all of these endless lawsuits/studies require DFG resources (....our license fees, excise taxes, etc.). After hour/staff reductions, asking DFG to continue down this road is an exercise in futility. How well can they be expected to complete an EIR with limited staff resources (regardless of the results of the last study or what did or didn't happen 17 years ago) :question: :question: The result is predictable. Somebody or some group will not be satisfied with the result and more dissatisfaction and lawsuits will follow. Meanwhile nothing will be done to solve current problems. Damn!!! I'm tired of litigation as the only defense of choice for the environment. :mad: :mad:

Here's a thought.... Maybe what we should do is petition the federal courts to appoint a receiver for DFG to manage their affairs similar to Dep't of Corrections. Then, the receiver could try to take power and demand more money (that doesn't exist, BTW :rolleyes: ) and the executive branch could sue to have he/she removed. Of course, all of this could pay out over the 5-7 years. The news folks would have a whole new governmental boondogle to report on.... :rolleyes: Of course, we could always look at that as job creation thru stimulus programs.... ;) ;)