River Closures

[Jeff C.]

Just got the word that guides were informed that salmon and steelhead fishing will be closed for the season on any tributary to the Sac whenever water temps are 70 degress for 72 hours. I hope the strong El Nino prediction comes true!

[Jeff C.]

Cameron Beck just sent me a copy of the proposed emergency regulation and here's the criteria for closing a river:

"The following proposed criteria will be used to determine if an emergency fishing closure or
associated reopening is warranted:
Any water of the state not currently listed in Section 8.00 of these regulations may be
closed to fishing by the Department when the Director, or his or her designee, determines
one or more the following conditions have been met:
 Water temperatures in occupied habitat exceed 70° Fahrenheit for over eight hours a
day for three consecutive days.
 Dissolved oxygen levels in occupied habitat drop below 5 mg/L for any period of time
over three consecutive days.
 Fish passage is impeded or blocked for fish species that rely on migration as part of a
life history trait.
 Water levels for ponds, lakes and reservoirs drop below 10% of their capacity.
 Adult breeding population levels are estimated to be below 500 individuals."

There's also proposed criteria for reopening closed rivers.

Jeff

[Darian]

These proposed emergency regs include more waters than just rivers/streams.

"Water levels for ponds, lakes and reservoirs drop below 10% of their capacity."

What is seen as being an emergency??? Reservoirs are almost always below 10% capacity regardless of whether it's a wet year or not. Under this new reg, All of the reservoirs in the state could be closed to fishing every year during draw downs for diversion, flood control, holding back salt water intrusion, etc., etc. Who's sponsoring this proposal??

This proposal appears to illustrate how one part of government doesn't have any idea what the other is doing or what current water conditions are. Check out SB 345 currently going thru the CA Assembly which is titled the Sport Fishing Stimulation Act.

[Darian]

Jeff,.... I was unable to locate anything about this on the CA SWRCB website. Was the issuing agency other than SWRCB??? Has an official notice been issued on it?? Do you have a document number, etc.???

Thanks for any help.... :cool:

[Rossflyguy]

These proposed emergency regs include more waters than just rivers/streams.

"Water levels for ponds, lakes and reservoirs drop below 10% of their capacity."

What is seen as being an emergency??? Reservoirs are almost always below 10% capacity regardless of whether it's a wet year or not. Under this new reg, All of the reservoirs in the state could be closed to fishing every year during draw downs for diversion, flood control, holding back salt water intrusion, etc., etc. Who's sponsoring this proposal??

This proposal appears to illustrate how one part of government doesn't have any idea what the other is doing or what current water conditions are. Check out SB 345 currently going thru the CA Assembly which is titled the Sport Fishing Stimulation Act.


I don't think I've ever seen a lake drawn down below 10% for flood control. What lakes do this?

[Rossflyguy]

Cameron Beck just sent me a copy of the proposed emergency regulation and here's the criteria for closing a river:

"The following proposed criteria will be used to determine if an emergency fishing closure or
associated reopening is warranted:
Any water of the state not currently listed in Section 8.00 of these regulations may be
closed to fishing by the Department when the Director, or his or her designee, determines
one or more the following conditions have been met:
 Water temperatures in occupied habitat exceed 70° Fahrenheit for over eight hours a
day for three consecutive days.
 Dissolved oxygen levels in occupied habitat drop below 5 mg/L for any period of time
over three consecutive days.
 Fish passage is impeded or blocked for fish species that rely on migration as part of a
life history trait.
 Water levels for ponds, lakes and reservoirs drop below 10% of their capacity.
 Adult breeding population levels are estimated to be below 500 individuals."

There's also proposed criteria for reopening closed rivers.

Jeff


This should've been done either way. Montana shuts down rivers exceeding 70 degrees. We need to take care of our resources. If people complain there are other species that can be targeted. Great thing about fishing is all fish have to eat.

[Jeff C.]

Darian,

It was in a pdf sent to all licensed guides. Apparently the Fish and Game Commision approved the proposed emergency regualtory action at their 6/11/15 meeting. PM me you email address and I'll foward the pdf to you.

Jeff

[Tony Buzolich]

The SAC has been at 76 degrees for weeks. The Feather has been at 71 degrees but drops back to 68 degrees at night.

Now, with all the low water flows it will warm even more quickly. I have no doubt the SAC will reach 80 degrees before very long.
The other morning we took some fish from the SAC and they felt warm to the touch and the water was like a bath tub.

Tony

[Jeff C.]

Darian, It's from the Fish and Game Commission. PM me your email address and I'll forward it to you. Jeff

[Ralph]

These proposed emergency regs include more waters than just rivers/streams.

"Water levels for ponds, lakes and reservoirs drop below 10% of their capacity."

What is seen as being an emergency??? Reservoirs are almost always below 10% capacity regardless of whether it's a wet year or not.

No agency that I know of routinely lowers their pool to less than 10% capacity if they can help it. This is costly in terms of silt discharge, pump wear, vegetation build up, etc. I think you are misconstruing the wording. "Below 10% capacity" means that a 100 acre pond would be holding less than 9.9 acres of water.

[Lew Riffle]

This is what we (SWC FFF) were told from the Exec Director CFGC today 6/22:

Pending action on closing waters to fishing. The regulations do not take effect until the public comment period is over and the regulation has been filed with the Secretary of State. I have seen information out there about calling a certain phone number after postings on Wednesdays but that is not in effect yet.



The regulatory process to implement actions to close waters to angling due to drought conditions is working it’s way through the system. Information on it can be obtained at
http://www.fgc.ca.gov/regulations/2015/8_01es.pdf




here is the actual regulatory language link

http://www.fgc.ca.gov/regulations/2015/8_01eregs.pdf







It appears the emergency regulations will not be effective for several more weeks, and the Commission and CDFW will work together to refine the language etc.

There is an opportunity to comment on the proposed action if you so desire by going to
http://www.fgc.ca.gov/regulations/2015/8_01entc.pdf

[Darian]

Jeff,.... Thanks for the offer. Lew Riffle provided links to the materials.

As to the 10% capacity issue, I stand corrected. I was reading it from the top down; not minimum pool.

I wonder of the fishing closures would include spearfishing??? (sorry, I had to ask that ;) )At any rate, this proposal appears to be well intentioned but if you consider all of the closures already firmly established in this state (MLPA's, coastal rivers/streams, special concerns, etc., etc.) it'll be interesting to see if there're any places left to pursue any other species.

As to reservoirs being regulated for flood control purposes, Folsom Lake is one that the maximum level is to be maintained at 50% of capacity for flood control by agreement between BuRec and the Sacramento Area Flood Control Agency (SAFCA). Any time the lake level exceeds 50% of capacity, BuRec must release water to reach the 50% level. This agreement was renewed during the last 5 years. I'll bet there're other CA reservoirs that're regulated by similar agreements.

[Tony Buzolich]

Darian,

Send me a private email.

There are so many people and organizations, etc., that have their fingers in the pot every one of which is grasping at whatever they can get without consideration as to any prior agreements or contracts. Who care if you get sued if you can get a little more water out of it.
Tony

[Morgan]

I too got this notice.
It needed to happen last week.
But atleast it is in the works.

[Ralph]

As to reservoirs being regulated for flood control purposes, Folsom Lake is one that the maximum level is to be maintained at 50% of capacity for flood control by agreement between BuRec and the Sacramento Area Flood Control Agency (SAFCA). Any time the lake level exceeds 50% of capacity, BuRec must release water to reach the 50% level. This agreement was renewed during the last 5 years. I'll bet there're other CA reservoirs that're regulated by similar agreements.

Folsom was constructed, first and foremost, as a flood control reservoir. The maximum pool is kept at @50% during winter flood season of November to April. It is allowed to fill during spring run off and during subsequent summer releases from upstream reservoirs. The notion that ANY time the lake exceeds 50% it must be drained is unfounded. Most ramps and docks would by dry 100% of the time if that were true.

[Mike O]

this regulation does not seem to target any species, but all of them, unless it was just released under the Salmon/Trout heading. This could dry up striper fishing, SMB, LMB in Delta??, sturgeon, etc.

Do you read it differently?

[Darian]

Ralph,.... The agreement requires BuRec to manage the lake to reach the target level of 50% of capacity, not to "....drain...." the lake. Yes, the lake is allowed to fill during the non-rain season but only for short periods of time as witnessed by the fact that almost every year since I've lived in Sacto, boat owners have been required to remove their boats from dockage (Brown's Ravine) sometime between August and September, each year. This year removal was required as of last weekend. So, it's not unusual for docks and ramps on Folsom to be unusable during late summer. Managing the level of lake for flood control involves releases at varying rates, slower in the summer months but still with an eye towards meeting the agreed upon level during potential flood periods. Happily for BuRec, that allows water to be released for other purposes, as well.

Mike O,.... FWIW, I read the proposal the same as you....

[Chris Gearhart]

Hopefully we all agree that protecting our fish is a good thing. There is a lot that is not clear to me when I read the proposed regs. my concern is many times when "government" tries to help a "one size fits all" approach is used. For example our valley tailwater rivers may have temperature or oxygen readings that are unacceptable in the lower reaches but in the upper reaches are perfectly acceptable. Will the entire river be closed? How are daily readings gonna be taken? Theres a lot of waterways out there and not all them have sensors. What about warm water species?

Like I said I'm sure intentions are good, its in the implementation that things usually get screwed up.

Chris

[Frank R. Pisciotta]

FYI for the BB....

Below is the e-reply I received when I responded and supported river closures and addressed my comments to the two (2) e-mail addresses on page 1 of the hardcopy (dated June 17, 2015) I received from the Fish & Game Commission:

Dear Mr. Pisciotta,

"OAL cannot consider your comment as it was submitted since the notice of the filing of the proposed emergency regulations has not been posted by OAL on its Internet Website. In order for OAL to consider your comment, it must be “received by OAL within five calendar days after the notice of the filing of the proposed emergency regulations is posted by OAL on its Internet Website[.]” (1 CCR § 55(b)(1).) Once the Fish and Game Commission files their emergency regulations with OAL, we will post the notice on our Internet Website at the following link: http://www.oal.ca.gov/Emergency_Regulations_Under_Review.htm. As long as the emergency situation addressed by the regulations does not clearly pose an immediate, serious harm that delaying action to allow public comment would be inconsistent with the public interest, the public will have five calendar days after the notice has been published on OAL’s website to submit comments for consideration by OAL."

IMO, absolutely no need for an official mandate from an agency...use common sense! Personally my guide/instruction season ends this Sunday, June 28...until further notice. I'm now accepting inquiries/putting on an e-list for guide/instruction/clinic and Native Sons Tour dates for 2016

Frank R. Pisciotta