MyOutdoorBuddy.com North State Outdoor News Northern California Southern Orgon Northern California Wild life Northern California Fishing Northern Califronia Outdoors Northern California Fishing news Northern California Hunting news MyOutdoorBuddy.com Your Online Outdoor-News Magazine

Southwestern Oregon Fishing News www.talkfishing.com    Eagle Lake Fishing Information and Network

 

 

Overlooking the Beautiful
Sacramento River

202 Hemsted Drive
Redding, CA
530-223-5606
  

SageNewLogo.JPG

Sage Country Camo
Be invisibile! Watch Video!

 

 

FallRiverHotelEveimg.jpg
Fall River Hotel
& Restaurant

Special Package for
Birders, Kayakers

 


Pacific Northwest
Rentals & Resales

This area of the United States is full of amazing vacation properties! Enjoy the outdoors and excitement that come with one of the many timeshare resales and rentals available. Try the Eagle's Landing at Running Y Ranch in Klamath Falls, OR near Crater Lake National Park;a wine retreat in Napa, California;a stroll down the streets of San Francisco;or one of the many Nevada timeshares at Stateline, Incline Village or Reno. Each location offers special charm and amenities – don't hesitate to find the right one. A third-party timeshare reseller will find you an unbeatable deal on the perfect vacation property. Start planning today!

http://www.timeshare-resale-rental.com/



 


--Listen Live--

 
 


 

AZ_Rub_Logo_w_tag.jpg
For cooks that
love to BBQ.

 

 

 



Duck Hunter's Secret Weapon
Order NOW for 2010/11 Season!

Watch Videos!
(209) 712-2853
info@gibsonduckblindcoversinc.com



 

 


Topaz Lodge & Casino
Saturday Night
“All you can eat”

Prime Rib Buffet $10.99

2010 Trout Derby Results


 



BigSignRawHide_Use.jpg
in Northern California
KidRifleBoarRawHide.jpg
Call Keith Conger
1-866-870-7243
www.rawhidewest.com

 


Scott Caldwell's
SC Guide Service
Drift and Jet Boat Fishing Trips

Come and enjoy a day of fishing
for bass, salmon, steelhead or trout
at Eagle Lake, Klamath River, Lake
Siskiyou, Medicine Lake, McCloud
Reservoir or Smith River.
No experience required, all ages
welcome. Food, gear & tackle
provided, just bring fishing license.

www.caldwellfishing.com
scott@caldwellfishing.com
530 905 0758

 

Great Outdoors

California's Premier Outfitter





Voted Best Chinese
Restaurant and Best
Take Out 5-years in a Row

-After 5 Magazine-
Specialing in Freshest
Ingredients & Speciaty Sauces

2272 Churn Creek Road, Redding
222-6868
 

 
 
 
dan_255fish_165W.JPG
255-Pound Yellowfin
caught with Qualia Reel

Read the amazing story behind
 Qualia Reels
They're awesome!
See all Photos from Searcher
 


 


ModocMotorParts1AL.jpg
MODOC MOTOR PARTS
SURPRISE VALLEY PARTS

Alturas & Cedarville

 


Distinctive Gifts,Clothing
& Home Accents

106 South Main St. Alturas
530-233-0999
 

JAY FAIRTM


TROLLING FLIES
& MUST HAVE
"ALL NEW"
TRANSLUCENT
SWIMMING HACKLE

530-347-5811
For ordering & Info

 


---------------------------------------------------
Mike's Fishing
Guide Service

530-623-4266 - 916- 215-6330
MikesFishGuideSvc165.jpg
Kokanee/Salmon/Trout
Whiskeytown/Trinity/Shasta Lakes
Shasta Tackle Company Pro Staff
www.mikesfishingguideservice.com/
MIKE ELSTER
"Come fish with M.E." 
---------------------------------------------------


 

Kittles2010_1.jpg

Kittles2010_2.jpg
888 Market Street, Colusa
530-458-4868

Kittles Has Moved
This is our new address.


 

 
Ukiah
Northern California's
Premier Outfitters

Hunting, Fishing, Guns
Camo, Bait, Archery
Full Hunting/Fishing Tech Shop
Kayaks, Camping, Bikes
Climbing, Dive, Surf



 

phils_logo1_165px.jpg

Phil’s Propellers 
Most complete fresh & saltwater
tackle dealer in Northern Calif.
Quality Fishing Tackle
Live and Frozen Bait
Prop Sales & Repair
Ammo & Marine Hardware
3037 Twin View Blvd,
Shasta Lake, CA
96019

1-800-462-3917
Map to Phils/ More Info
www.philsprop.com

 

 
 

 
 

 


Spey-Gee Point
Guide Service & Lodging

Thomas Willson, Owner/Guide
Klamath River, Weitchpec, CA
530-625-4193


 

---------------------------------
Nutrena_Logo_copy.jpg
Loyal_165.jpg

Premium Pet Food
-- for a lifetime of health
through better nutrition(TM)

Store Locations
www.loyallpetfood.com

---------------------------


 

RoyalPolarisMOB.JPG

RoyalPolarisVessel.JPG
Long Range Baja Fishing
from San Diego

Recent Fishing Reports


 


Silverline_trailer_logo__165px_.jpg
Your Trailer Source
38691 Highway 299 W
Alturas, CA
(530) 233-2850
---------
7355 South 6th Street
Klamath Falls, OR

(541) 810-3790
 

 



Guin Fish'n Tackle Co.
Official Website
Products, Photos, Specials

See our Record Book

Stateline_RV_Park.jpg
Stateline_Mini_Storage.jpg
STATELINE RV PARK
& MINI STORAGE

Tulelake, CA 530-667-4849


 

shastagas1_edited_1.jpg
Propane
(530) 547-3943
 

 

Logo__3__Fall_River_Outfitters165.jpg
 Long Guns, Hand Guns
Duck, Goose, Turkey
Elk and Deer calls
Stacks of Ammo
Archery & Fishing Gear
Clothing for Everyone

(530) 336-7007
43471 Hwy. 299E
Fall River Mills, CA 96056

www.fallriveroutfitters.net/
Deer Season Gun Raffle



Vol. V #3

Part I. Sacramento River Watershed Salmon and Steelhead Story -- Will It Ever End?


By Bob Baiocchi, California Fish and Water Unlimited, A California Non-Profit Corporation
 
[Abstract] Several state and federal agencies have reached an agreement called the Habitat Expansion Agreement (HEA). A committee has been formed to manage and control the Habitat Expansion Agreement. The agencies managing the HEA Committee are the Department of Water Resources (DWR) and PG&E. These two agencies have a conflict of interest because of the effects to endangered spring-run salmon and threatened steelhead in the Feather River watershed caused by construction of Oroville Dam and PG&E dams in the North Fork Feather River. The major discrepancy is that the HEA prevents the mitigation of losses to historic endangered salmon and threatened steelhead habitat above the dams in the Sacramento River watershed that have harmed the anadromous fisheries. The HEA also limits the recovery mitigation to 2.000 to 3,000 endangered spring-run salmon below the dams when tens of thousands or hundreds of thousands of salmon existed before the major dams were built. Another discrepancy is that there was very little public participation in the development of the HEA, if any, and there was not any federal and state environment document prepared to support the limiting mitigation for the spring-run salmon and steelhead trout of the Sacramento River watershed.
 
[The full text of comments filed by Mr. Baiocchi pertaining to this issue is included below in the public interest. Mr. Baiocchi’s resume and credentials are also provided so that readers may know of his extensive involvement with water and fish issues in California over the past 40 years. Opinions opposed to those of Mr. Baiocchi are welcome.]
 
Subject: Draft Habitat Expansion Agreement and Habitat Expansion Plan
 
January 19, 2010
 
Chief Heidi Rooks et al
Department of Water Resources
Habitat Expansion Agreement et al
 
Re: Comments Regarding the Draft Habitat Expansion Agreement and Habitat Expansion Plan Committee by the California Fisheries and Water Unlimited
 
Chief Rooks:
 
Please place the California Fisheries and Water Unlimited on the mailing list for the Draft Habitat Expansion Plan and all submittals. Robert J Baiocchi is the president of the California Fisheries and Water Unlimited, a California Non-Profit Corporation. His e-mail address is enclosed. His background is enclosed.
 
The Habitat Expansion Agreement for the Sacramento River has some major significant discrepancies as follows:
 
  1. I was an interested party to the Department of Water Resources (DWR), Pacific Gas and Electric Company (PG&E), State Water Contractors, CDFG, and a few NGOs prevented the needed Spring-run Chinook Salmon and Steelhead Restoration Project that was recommended by the US NOAA Fisheries on the North Fork Feather River and also the Middle Fork Feather River above Oroville Dam. Clearly the issues for DWR, PG&E, and the State Water Contractors was the cost of mitigating the damages these parties caused from Oroville Dam and PG&E dams to the presently endangered spring-run salmon and threatened Steelhead. At that time I represented the California Salmon and Steelhead Association. I now represent the California Fisheries and Water Unlimited.
 
  1. The Habitat Expansion Plan limits mitigation of pre-project spring-run Chinook salmon to 2,000 to 3,000 adults. That number of spring-run salmon to be mitigated in the Habitat Expansion Agreement is unreasonable and not in the public interest, and does not reflect the significant number of spring-run salmon that were damaged and harmed by dams in the Sacramento River watershed. Correct that discrepancy.
 
  1. Most likely adult spring-run salmon exceeded 100,000s of thousands of salmon in the Sacramento River watershed before the Shasta Dam, Oroville Dam; Bullards Bar Dam; and other dams were constructed and cut off their historic spawning and rearing habitat areas above the dams. I was exposed to the historic significant salmon runs because I was born in 1931 among Italian commercial salmon fishermen in San Francisco. Unfortunately because of the lack of enforcement and adequate mitigation measures by the State of California and the federal government the commercial fishing fleet of the San Francisco area has been harmed and damaged because of the significant losses of salmon populations.
 
  1. Spring-run salmon were exterminated in the San Joaquin River watershed by water and hydropower projects because their historic spawning and rearing areas were cut over by the dams and very poor flow conditions. The responsible state and federal government overlooked the extermination of the San Joaquin River watershed salmon fishery because of politics.
 
  1. The Habitat Expansion Agreement Committee is made of the California Department of Water Resources (DWR) and the Pacific Gas and Electric Company (PG&E). Both CDWR and PG&E have self-serving conflicts of interest to save money and not mitigate for the losses of spring-run salmon species and also steelhead species that were damaged by their projects. I reference you to the proposed mitigation measures for the restoration of endangered spring-run salmon and threatened steelhead trout developed by the US NOAA Fisheries for the North Fork Feather River (Truck and Haul). DWR; PG&E; State Water Contractors; CDFG, and a few NGO’s prevented that restoration project from being implemented for self-serving reasons.
 
  1. PG&E hydro dams on the North Fork Feather River prior to the construction of Oroville Dam adversely affected and damaged the spring-run salmon spawning and rearing habitat: above Big Bend Dam in the NFFR; above Poe Dam in the NFFR; above Cresta Dam in the NFFR; above Rock Creek Dam in the NFFR and also in the East Branch NFFR above Rock Creek Dam; and above Canyon Dam in the NFFR.
 
  1. PG&E hydro dams on the North Fork Feather River prior to the construction of Oroville Dam adversely affected and damaged the steelhead trout spawning and rearing habitat: above Big Bend Dam in the NFFR; above Poe Dam in the NFFR; above Cresta Dam in the NFFR; above Rock Creek Dam in the NFFR and also the East Branch NFFR above Rock Creek Dam; and above Canyon Dam in the NFFR.
 
  1. The construction of Oroville Dam by CDWR prevented the upstream migration of adult spring-run salmon and steelhead trout to their historic spawning and rearing areas above Oroville Dam in the North Fork Feather River watershed and Middle Fork Feather River watershed. The Feather River Salmon and Steelhead Hatchery has never mitigated for the losses to pre-project spring-run salmon.
 
  1. Some of the losses to juvenile spring-run salmon and steelhead trout in the Sacramento River watershed were caused at DWR’s State Pumps in the Bay Delta Estuary when juvenile fish migrate through the Bay Delta Estuary to the Pacific Ocean. 22 million striped bass, salmon, and steelhead trout were document by DWR lost at the State Pumps. That number does not include the length of time the State Pumps was operating and it is a very low number of fish being damaged and lost. Consequently the Habitat Expansion Agreement (HEA) is deficient because the Agreement failed to take into consideration the losses to juvenile endangered spring-run salmon and juvenile threatened steelhead trout at the State Pumps. A glaring conflict of interest by DWR as a member of the Committee controlling the Habitat Expansion Plan
 
  1. PG&E’s unlicensed and unmitigated Miocene Dam Hydro Project on the West Branch Feather River prevented the upstream migration of spring-run salmon and steelhead trout to their historic spawning and rearing areas in the West Branch Feather River before the construction of Oroville Dam because PG&E does not release or is not required to release daily year round flows from the Miocene Dam. Today the West Branch Feather River from the Miocene Dam to Oroville Reservoir is dewatered because of the greed of PG&E to not provide water for the river to satisfy the operation of their small hydropower projects associated with the Miocene Dam. A glaring conflict of interest by PG&E as a member of the Committee controlling the Habitat Expansion Plan.
 
  1. The Habitat Expansion Agreement does not provide a specific number of adult steelhead to be mitigated in the Sacramento River watershed. As a starter I recommend a minimum of 50,000 adult steelhead, which includes their pre-project spawning, and rearing areas above Shasta Dam; above Oroville Dam; above Englebright Dam; above Bullards Bar Dam; above Folsom Dam and all other tributaries to the Sacramento River. i.e. Auburn Ravine. Correct this discrepancy.
 
  1. What are the projected number of steelhead that will be mitigated in the Habitat Expansion Plan for the following rivers and streams?
 
(A)Below Oroville Dam; Feather River
(B) Above Oroville Dam; NFFR; WBFW; MFFR
(C) Above Shasta Dam; McCloud; Pit; Upper Sacramento et al
(D)Below Shasta Dam; Sacramento River
(E) Below Englebright Dam; Yuba River
(F) Above Englebright Dam; Yuba River
(G)Below Bullards Bar Dam; North Yuba River
(H)Above New Bullards Bar Dam; North Yuba River;
(I)    Below Folsom Dam; American River Watershed
(J)   Above Folsom Dam; American River Watershed
(K)Bear River;
(L) Butte Creek;
(M)                        Big Chico Creek;
(N)Deer Creek;
(O)Mill Creek;
(P) Battle Creek;
(Q)Bear Creek;
(R)Cow Creek;
(S)   Clear Creel;
(T) Cottonwood Creek;
(U)Paynes Creek;
(V)Antelope Creek;
(W) Elder Creek
(X)Thomes Creek
(Y)Stony Creek
(Z) Auburn Ravine
 
 
  1. The California Fish and Water Unlimited recommends a bare minimum of 100,000 adult spring-run salmon are mitigated under the Habitat Expansion Agreement for the Sacramento River Watershed, which includes their pre-project spawning and rearing areas above Shasta Dam; above Oroville Dam; above Englebright Dam; above Bullards Bar Dam; above Folsom Dam and all other tributaries to the Sacramento River.
 
  1. Spring-run Chinook salmon species are listed as endangered under the federal Endangered Species Act. All dam owners have an obligation to mitigate for losses to endangered spring-run salmon above their dams. That includes DWR and PG&E. All dam owners have the duty and responsibility to comply with the provisions of the federal Endangered Species Act.
 
  1. Steelhead trout species are listed as threatened under the federal Endangered Species Act. All dam owners have an obligation to mitigate for losses to threatened steelhead trout above their dams. That includes DWR and PG&E. All dam owners have the duty and responsibility to comply with the provisions of the federal Endangered Species Act.
  2. The US NOAA Fisheries has the duty and responsibility to enforce the federal Endangered Species Act and protect and mitigate for all losses of endangered spring-run salmon and threatened steelhead trout caused by the construction and operation of all dams and diversions in the Sacramento River watershed.
 
  1. There has been the “taking” of endangered salmon in the Sacramento River watershed. All dam owners must be required by the US NOAA Fisheries to acquire “a take permit” that mitigates for all damages and harm to spring-run salmon and their habitat.
 
  1. There has been the “taking” of threatened steelhead in the Sacramento River watershed. All dam owners must be required by the US NOAA Fisheries to acquire “a take permit” that mitigates all damages and harm to spring-run salmon and their habitat.
 
  1. The Habitat Expansion Agreement was not subject to public review and comments by the public and was agreed to privately and politically among state and federal agencies and one (1) NGO. A NEPQA and CEQA document that supported the terms and conditions in the Habitat Expansion Agreement were not prepared with full public participation and opportunity for comments.
 
  1. There are several federal and state agencies that signed the Habitat Expansion Agreement without providing public notice to the public using their agency public review and participation processes before the agreement was signed. Those agencies were: (a) CDWR; (b) PG&E; (c) US NOAA Fisheries; (d) US Fish and Wildlife Service; (e) California Department of Fish and Game; (f) US Forest Service; and (g) State Water Resources Control Board (Art Baggett Jr.).
 
  1. Art Baggett Jr. of the State Water Resources Control Board signed the Habitat Expansion Agreement without the SWRCB holding a hearing to receive evidence, testimony, and public comments whether the terms and condition of the Habitat Expansion Agreement were in compliance with the state statutes and also were reasonable considering the state of anadromous fisheries in California.
 
  1. Three (3) state agencies signed the Habitat Expansion Agreement without preparing a CEQA document for public review and comment to justify the terms and conditions of the Agreement pursuant to the California Environmental Quality Act and its Guidelines.
 
  1. Three (3) federal agencies signed the Habitat Expansion Agreement without preparing a NEPA document for public review and comment to justify the terms and conditions of the Agreement pursuant to NEPA.
 
  1. American Rivers who signed the Habitat Expansion Agreement did not represent the interest of the California Fisheries and Water Unlimited and most likely many other NGOs.
 
  1. The State Water Contractor who signed the Habitat Expansion Agreement did not represent the interest of the California Fisheries and Water Unlimited. The interest of the State Water Contractors is self-serving.
 
 
 
The California Fish and Water Unlimited is formally requesting a combined NEPA (EIS) and CEQA (EIR) document is prepared for the draft Habitat Expansion Plan before it is finalized. Said combined draft EIS and EIR must have wide spread public distribution in the greater Sacramento River Watershed for public review and participation. I request a copy of the draft EIS/EIR document for my review and comment.
 
The California Fish and Water Unlimited is formally requesting the specific reasons why the US NOAA Fisheries; US Fish and Wildlife Service; and the California Department of Fish and Game are not members of the Habitat Expansion Agreement Committee. All three of these state and federal agencies have a duty and responsibility to protect endangered spring-run salmon and steelhead trout species and their habitat of the Sacramento River watershed.
 
The California Fish and Water Unlimited is formally requesting a signed copy of the Habitat Expansion Agreement from you. Please forward said agreement electronically to me. See attachment (HEA).
 
The California Fish and Water Unlimited is formally requesting the opportunity to review the draft Habitat Expansion Plan at this time and also in the future. Forward the draft Plan electronically to me. I reference the California Public Information Act Section 6250 et seq. The California Fisheries and Water Unlimited is a non-profit California Corporation. Consequently waive all fees for material forwarded to me
 
The California Fish and Water Unlimited is requesting the minutes that are taken of all committee meetings and that all Committee meeting minutes are published on the internet at a specific public website. Forward copies of all committee-meeting minutes held to date. Also forward past and future agendas, and agenda material to me. Also maintain a roll call of the people attending the meetings.
The California Fish and Water Unlimited is also requesting a teleconference system is used so that the public can call in and take part at the committee meetings. Forward the teleconference telephone number to me with the password and also makes it available to the public.
 
Develop a mailing list of interested parties such as California licensed anglers and also California fishery organizations for the purpose of forwarding agendas, minutes, material et al.
 
I am disabled and cannot travel to Sacramento for Committee meetings. I am also hearing impaired so please use a sound system that assist hearing impaired persons pursuant to California disability statues and regulations. Thank you.
 
A written response is requested within 10 days pursuant to the California Public Information Act Section 6250 et seq.
 
 
Respectfully
 
 
Signed by Robert J, Baiocchi
 
Robert J. Baiocchi, President,
California Fisheries and Water Unlimited
California Non-Profit Corporation
 
cc: Mr. Steve Edmondson, Supervisor, US NOAA Fisheries
 
Interested Parties (California Licensed Anglers)
 
Resume and Credentials of Bob Baiocchi, Consultant, Retired, P.O. Box 1035, Graeagle, CA 96103, Telephone: 530-836-1115, E-Mail Address: rbaiocchi@gotsky.com
 
Profession:  Consultant – Retired, but active – Age 78
 
Total Experience: 40 plus years
 
Expertise:
 
State Water Rights and also Federal Energy Regulatory Commission (FERC) hydroelectric licensing and relicensing process, and other state and federal administrative proceedings; Conducted research, prepared and file formal water right complaints, protests, objections, and comments; Conducted research, prepared and filed water right petitions, statements, and related matters; Agent at water right hearings; Conducted research, prepared and filed motions of intervention, petitions for rehearing and formal comments in FERC matters; Conducted research, prepared and filed written comments on CEQA and NEPA documents to local, state, and federal regulatory agencies; Conducted research, prepared and filed formal letters to regulatory state and federal agencies; Consulted with attorneys to prepare legal briefs and statements. Emphasis: anadromous fisheries, resident fisheries, water quantity and quality, water rights, and other environmental issues.
 
Education: Self-Educated
 
Expert Qualification: Expert Witness on Water Rights Matters; Qualified in 1992 by the State Water Resources Control Board at Bay Delta Hearing; Testified at numerous water right hearings.
 
Positions:
 
Safeguard Environmental Protection Agency - Staff
Consultant Work for California Sportfishing Protection Alliance
Consulting Work for Fall River Wild Trout Foundation
Consulting Work for Friends of the Eel River
Consulting Work for Carmel River Steelhead Association
Consulting Work for Hot Creek Ranch
Consulting Work for Lake Oroville Fish Enhancement Committee
Consulting Work for Northern California Council Federation of Flyfishers
Consulting Work for Plumas County (Water Related – Water Rights)
Past and Long Term Member of the Cantara Trustee Council (Upper Sacramento River)
Past and Long Term Member of the Oroville Recreation Advisory Committee
Past and Long Term Member of the Stony Creek Task Force
Past Director for Northern California Council Federation of Flyfishers
Former Executive Director of California Sportfishing Protection Alliance
Past VP of Conservation for Northern California Council Federation of Flyfishers
Former Secretary of Butte County Fish and Game Commission
Past President of Chico Fly Fishing Club
Past Conservation Chairman – Chico Fly Fishing Club
Past Conservation Chairman – Northern California Flyfishermen for Conservation (Paradise, CA)
The Baiocchi Family – Agent and Spokesman
Founder – The Anglers Committee
Past Chairman – The Anglers Committee
President – The Anglers Committee
Executive Director – California Salmon and Steelhead Association
Consultant - California Salmon and Steelhead Association
 
Awards:
 
Inducted into Fly Fishing Hall of Fame for conservation work by the Northern California Council Federation of Flyfishers;
 
National Conservation Award – Federation of Fly Fishers
 
Herb Troebner Memorial Conservation Award for Outstanding Efforts in the Conservation of Our Fisheries – Pasadena Casting Club
 
Man of the Year Award – Motherlode Chapter Sierra Club;
 
Conservation Award – Sacramento River Preservation Trust;
 
Conservation Award From California – Nevada Fisheries Society to California Sportfishing Protection Alliance for my work in filing formal complaints against licensees of hydro projects in California for violations of mandatory daily fish flow requirements;
 
Streamkeepers Award – California Trout – 1970s – North Fork Feather River
 
Environmental Hero Award – Awarded to Bob Baiocchi by Commander Thompson of NOAA on September 29, 2001 at NCCFFF dinner at Lake Tahoe
 
Others not mentioned.
 
Consulting Activities in California
 
Lower Yuba River – Conducted research, prepared and submitted formal water right complaint on behalf of United Group with the SWRCB against Yuba County Water Agency et al. Submitted exhibits, obtained expert witnesses, and testified. Acted as agent in recent hearing, 27 days of hearing, a long term process. Issue: Inadequate daily flow requirements to protect threatened and listed steelhead, threatened and listed spring-run Chinook salmon and also fall-run Chinook salmon and their habitat.
 
Santa Ynez River – Conducted research, prepared and submitted formal water right complaint on behalf of CSPA with the SWRCB against U.S. Bureau of Reclamation. Submitted exhibits, obtained expert witnesses, and testified. Hearing held in 1992. Decision by SWRCB still pending. Issue: The SWRCB did not order mandatory daily flow requirements from Bradbury Dam to protect steelhead and their habitat in the Santa Ynez River. A hearing before the SWRCB will be held this year.
 
Feather River Project – State Water Project - Feather River – Conducted research, prepared and submitted petition of intervention with the Federal Energy Regulatory Commission (FERC) on behalf of Lake Oroville Fish Enhancement Committee (LOFEC) and CSPA against Recreation Plan by the Department of Water Resources; also submitted numerous formal filings regarding sportfishery management of Oroville Reservoir. FERC ruled in favor of LOFEC and CSPA, and other parties regarding the Recreation Plan. FERC established the Oroville Recreation Advisory Committee. Consultant was a member of ORAC and worked with leaders and community in the Oroville area. Process still ongoing. Issue: Management of sportfishery in Oroville Reservoir and also construction of new and improved public recreation facilities.
 
Lower Mokelumne River – Conducted research, prepared and submitted a formal water right complaint with the SWRCB on behalf of CSPA and Committee to Save the Mokelumne against East Bay Municipal Utility District. Submitted exhibits and expert witness testimony to SWRCB. About a dozen days of hearing were held. Also, submitted similar complaint with the Federal Energy Regulatory Commission (FERC). FERC prepared an EIS. Improved mandatory minimum flows ordered by FERC. Issue: Inadequate daily minimum flow requirements and water temperatures below Comanche Dam to protect fall-run Chinook salmon and steelhead.
 
Stony Creek – Tributary to Sacramento River - Conducted research, prepared and submitted a formal water right protest with the SWRCB against the U.S. Bureau of Reclamation on behalf of the CSPA. As a result of an agreement between the Bureau and CSPA (Consultant), the Bureau agreed to form the Stony Creek Task Force and also agreed to prepare the Stony Creek Fish, Wildlife, and Water Use Management Plan. Numerous meetings held by the Stony Creek Task Force over a five (5) year period. Also the Bureau is conducting additional studies. The management plan is before the SWRCB at this time, subject to studies by the Bureau. Issue: Inadequate daily flows below Black Butte Dam effecting the migration of salmon into Stony Creek, and also inadequate daily flows for Chinook salmon species and their habitat, and other fish species.
 
Russian River and Tributaries – Conducted research, prepared and filed a complaint with the SWRCB against all water users holding water right permits, and also applicants who applied for water rights. Public meetings held in Sacramento regarding the complaint. 1,400 water right permits were issued by the SWRCB, and 86 water right applications were pending before the SWRCB when the complaint was filed. Also filed dozens of formal water right protests against pending water right applications to divert water from tributaries of the river. Issue: Failure of the SWRCB to order adequate mandatory daily minimum streamflow requirements in water right permits to protect threatened steelhead and also threatened coho salmon and their habitat. The process is on-going.
 
Upper Sacramento River – Consulted with attorneys on regular basis who filed a lawsuit against Southern Pacific Railroad Company regarding the derailment and resulting toxic spill (major wild trout kill – 45 plus miles of river) in the Upper Sacramento River. As a result of the lawsuit and also a lawsuit filed by the State of California, I represented parties such as the CSPA et al. that were involved in the original lawsuit as a member of the Cantara Trustee Council. The CTC administrated 14 million plus dollars that was settlement money from the State’s lawsuit for the restoration of the Upper Sacramento River, including other activities. Quarterly meetings. Members of the CTC are Department of Fish and Game, U.S. Fish and Wildlife Service, Regional Water Quality Control Board, and a local recreation agency. Long-term process.
 
Navarro River and Tributaries – Conducted research, prepared and filed numerous water right protests on behalf of the CSPA against applicants seeking the rights to divert water from the Navarro River and its tributaries. Worked closely with Dr. Hillary Adams of the Navarro Watershed Protection Alliance in filing said formal protests. A lawsuit was filed by the Navarro Watershed Protection Alliance et al. against the SWRCB and is still pending. The long process is ongoing.
 
Carmel River – Conducted research, worked with the Carmel River Steelhead Association (CRSA), and filed numerous objections and comments with the SWRCB on behalf of the CRSA and the CSPA concerning the use of the state’s water and the resulting adverse effects to threatened steelhead and their habitat in the Carmel River. Long term. Numerous resource issues involved. Issue: Adequate flows for threatened steelhead and their habitat in the river and many related water use issues effecting steelhead in the river and its tributaries.
 
Calaveras River – Conducted research, prepared and recently filed a complaint with the SWRCB on behalf of the CSPA against Stockton East Water District, Calaveras Water District, and the U.S. Bureau of Reclamation (New Hogan Dam and Reservoir) for failing to provide adequate daily flows in the Calaveras River to maintain federally listed and threatened steelhead and also fall-run Chinook salmon species and their habitat in the river, including inadequate protection measures from diversions in the river. This matter is before the SWRCB at this time.
 
Napa River and Tributaries – Conducted research, prepared and filed numerous formal protests with the SWRCB on behalf of the CSPA against water right applications on the Napa River. Issue: Attempting to have the SWRCB order mandatory daily minimum streamflow requirements in water right permits to protect fish and other aquatic species and their habitat.
 
Salinas River – Conducted research, prepared and submitted a water right protest against the City of San Luis Obsipo to enlarge Salinas Dam on the Salinas River. Three (3) day hearing held by the SWRCB. Assisted Ms. Lorraine Scarpace, Attorney, at the subject hearing. The Salinas River sustains threatened southern steelhead. There are no mandatory daily flow requirements from Salinas Dam. The SWRCB failed to order mandatory minimum flow requirements from Salinas Dam as a result of the hearing and also in past decision and orders. Issue: Mandatory flow requirements from Salinas Dam to protect threatened southern steelhead, and also to prevent the enlargement of Salinas Dam.
 
Eel River – Conducted research and prepared a motion of intervention on behalf of the Friends of the Eel River concerning license amendments before the Federal Energy Regulatory Commission regarding PG&E’s Potter Valley Project No. 77 which is located on the Eel River.
 
Fall River – Conducted research, prepared, and filed numerous written comments in cooperation with the Fall River Wild Trout Foundation regarding siltation issues effecting the wild trout fishery of Fall River.
 
North Fork Feather River Watershed – Feather River - Representing the Baiocchi Family regarding the relicensing of PG&E’s Rock Creek - Cresta Project No. 1962, PG&E’s Poe Project No. 2107, and PG&E’s Upper North Fork Feather River Project No. 2105 (Lake Almanor – North Fork Feather River). Also representing the Baiocchi Family in the relicensing of the Department of Water Resources’ Feather River Project 2100. The relicensing process for all of the above hydro projects are before the Federal Energy Regulatory Commission at this time. Also, representing The Baiocchi in the relicensing of the Department of Water Resources’ Oroville Project 2100 (aka Oroville Facility of the State Water Project).
 
Unauthorized Use of the State’s Water – Conducted research prepared and filed dozens of formal protest against water right applications on behalf of the CSPA. Advised the SWRCB in said formal protests that the applicants were diverting, storing, and using the state’s water without a valid water right in violation of state law. Issue: Attempting to have the SWRCB order mandatory daily flow requirements, and also attempting to have the applicants cease diverting and storing the state’s water without a valid water right.
 
Other Rivers and Streams – Conducted research, prepared and filed numerous formal protests against numerous water right applications in numerous rivers and streams throughout the state of California on behalf of the CSPA. Those formal protests are on file with the SWRCB and many are still pending.
Major Achievement – Conducted research, prepared and filed several formal complaints with the Federal Energy Regulatory Commission (FERC) on behalf of the CSPA against several hydropower licensees in California for violating the terms and conditions of FERC licenses for failing to meet daily flow requirements for fish and other aquatic resources in numerous rivers in northern California. As a result of the complaints the FERC is monitoring and enforcing compliance of mandatory daily flow requirements from FERC licensed dams. Also, the Federal Power Act was amended and fines were increased from up to $500 to $10,000 per day for violations of the terms and conditions of FERC licenses. Consultant also dealt with Congressional Subcommittees.
 
Present Activities
 
Jamison Creek – Proposed Step Pool Project – Lack of Environmental Protection – Claimed Pre-1914 Water Rights – Working with Dr. Joseph Abbott
 
PG&E Upper North Fork Feather River Project 2105 (Lake Almanor et al) – FERC Relicensing Process – Working with The Anglers Committee;
 
PG&E Rock Creek – Cresta Project 1962 – North Fork Feather River - FERC Post relicensing activities – Ecological Reservoir Committee - Working with The Anglers Committee;
 
PG&E Poe Project 2107 – North Fork Feather River - FERC Relicensing Process - Working with The Anglers Committee;
 
PG&E DeSabla-Centerville Project 803 – Butte Creek, West Branch Feather River, and Tributaries – FERC Relicensing Process - Working with The Anglers Committee;
 
Oroville Facility of the State Water Project 2100 (aka Oroville Project) – North Fork Feather River; Middle Fork Feather River; South Fork Feather River; West Branch Feather River; Main Stem Feather River; Oroville Reservoir et al. – FERC Relicensing Process - Working with organizations and people of the Oroville Area;
 
Pit – McCloud Hydro Project 2106 – McCloud River Watershed; Pit River Watershed – FERC Relicensing Process - Working with The Anglers Committee
 
Upper American River 2101 – Relicensing of Project by SMUD – Water Rights Protests – Working with Anglers Committee
 
Lake Davis – Mismanagement – US Forest Service - Working with The Anglers Committee
 
Lake Davis – Mismanagement - Cattle Grazing – Water Quality - Working with The Anglers Committee
 
Lake Davis – Northern Pike Eradication Project – California Department of Fish and Game and Plumas National Forest – Comments to EIR-EIS et al requesting compliance of ADA and other benefits to the public and the public trust resources.
 
Lake Davis – Compliance with Americans With Disabilities (ADA) – Complaint filed with Plumas National Forest – Accessibility for the Disabled – All Public Facilities
 
Frenchmen Reservoir – Unreasonable Angler Fees – US Forest Service - Working with The Anglers Committee
 
Jamison Creek, Tributary to Wild and Scenic Middle Fork Feather River, Plumas County; Plumas County RAC Process – Protection of fishery resources (trout) and water quality at a water diversion project for a private golf course approved for funding by the Plumas County Resources Advisory Committee (RAC) with public money. Discovery work regarding management of Plumas County RAC by the Plumas National Forest.
 
Carmel River – Water Development Projects – Filed formal water rights protest with the SWRCB on extension of time by Monterey Peninsula Water Management District to construct major dam and reservoir on the Carmel River. Also took actions with Cal-Am’s water development project on the Carmel River – Central Issue; Endangered Steelhead Trout – Working with Carmel River Steelhead Association. Note: Petition Change by MPWMD.
 
PG&E Rest Areas – Highway 70 - Shady Rest Area and Belden Rest Area – Improvements of rest rooms and rest areas for accessibility of the disabled people and anglers, and also for the public – North Fork Feather River – Butte and Plumas Counties. – Working with Anglers Committee.
 
Upper American River Watershed – Relicensing of SMUD hydro projects – Numerous reservoir and streams – Request to US Forest Service (Eldorado National Forest) for improvements to public campgrounds; public rest areas; boat launching facilities; restrooms, fishing trails, trout stocking et al for accessibility for the disabled – Also request for fishery protection measures – Formal Water Rights Protest with the SWRCB on water right application filings by SMUD – Request for water quality protection – Working with Anglers Committee   
 
South Fork Feather River Watershed – Relicensing of South Fork Water and Power Agency’s South Fork Feather River Water and Power Project – Request to the Plumas National Forest for fishery protection measures – Working with the Anglers Committee.
 
Organizer and President of The Anglers Committee
 
American Disabilities Act – Numerous Filings with the US Forest Service and Plumas County requesting compliance of the provisions of the American Disabilities Act and accessible for the handicapped at all public facilities. I.e. PG&E’s Bucks Creek Project FERC 619; DeSabla-Centerville Project FERC 803; Frenchman Reservoir Project; Frenchman Campgrounds; Bucks Lake Showers; Goose Lake Toilet; Haven Lake Toilet; Smith Lake Trailhead; Gold Lake Development Campgrounds.
 
Complaint Against Plumas Corporation With California Department of Justice – Accessibility for Disabled – County sponsored Public Tours et al.
 
Accessibility for the Disabled Issues – Plumas County and Plumas National Forest – In conjunction with filing informal complaints with the California Attorney General Office and Plumas County, including the California Public Utility Commission;
 
Water Rights Protest Dismissal by Division of Water Rights – Civil Right Violation and Discrimination
 
Water Rights – Carmel River – ASR Project – Carmel River Threatened Steelhead – Administrative and Legal proceedings
 
Water Rights – State of California - Discovery Work – Permitting Section of the Division of Water Rights - Protection of Endangered and Threatened Anadromous Fish Species – Water Rights Permits; Water Right Licenses; Change Petitions; - Protection Measures for Public Trust Fisheries; 
 
Long -Term Water Transfer – Lower Yuba River, and Delta Estuary – Anadromous Fisheries – Civil Rights Violations; Hearing Deficiencies; Bias Hearing Officer; Federal Law Violated; Federal Endangered Species Act and Federal Power Act and others; Hearing before the State Water Resources Control Board; Loss of 22 million salmon, steelhead and striped bass at State Pumps in Delta Estuary;
 
Formal Complaint; Yuba County Water Agency’s Yuba River FERC Project 2246; Lower Yuba River – Endangered and Threatened Anadromous Fish Species – Failure to file amendment to federal license;
 
Formal 60 Day Letter for Carmel River Steelhead Association Filed with United States National Marine Fisheries Service Carmel River Threatened Steelhead Species and their Critical Habitat; Intent to Sue; Federal Endangered Species Act Violations;
 
Organizer and Executive Director of California Salmon and Steelhead Association
 
ASR Project by Monterey Peninsula Water Management District; Water Rights; For: Carmel River Steelhead Association Carmel River; Threatened Steelhead species and their habitat;
 
Inspections of ADA Accessibility Compliance at Hydropower Projects Licensed With the Federal Energy Regulatory Commission in California; Formal Notice to the San Francisco Office of the Federal Energy Regulatory Commission;
 
Accessibility for Disabled Persons at Camp Five (5) Public Recreation and Boating Facility at Lake Davis; Plumas National Forest; other public boating recommendations.
 
Water Rights Formal Protest Filed With the SWRCB Representing the Newly Founded California Salmon and Steelhead Association; Wild and Scenic Eel River; Merced River; Carmel River; Little Butte Creek; et al
 
Habitat Expansion Agreement; Sacramento River Watershed; State Water Resources Control Board; US National Marine Fisheries Service et al.
 
Formal Complaints with the US National Marine Fisheries Service for failing to protect endangered salmon and threatened steelhead; Coastal Streams; Sacramento River Watershed
 
Disability Rights; Denial of Testimony before the State Water Resources Control Board; Cease and Desist Hearing; Theft of the People’s Water; Damage to Steelhead resources; Carmel River;
 
Formal Complaint with SWRCB; Illegal Dam and Diversion; Endangered Coho salmon and threatened steelhead trout; Pescadero Creek Watershed; Weekly Creek;
 
Lake Davis; Disability Improvements; benches, picnic tables, boat launching facilities; recreational facilities; Plumas National Forest;
 
McCloud River; Relicensing Process of PG&E McCloud-Pit Project 2106; Wild Trout; Dolly Varden Trout; Trout Environmental Conditions;
 
Wild and Scenic Middle Fork Feather River; Water Quality Complaint; Central Valley Regional Water Quality Control Board; Land Use Activities; Golf Courses; land Development; Cattle Grazing;
 
Water Rights Complaint; Parker Creek; Illegal Dam and Diversion; Working with local land owner;
 
Drum-Spaulding Hydro Project Relicensing; Fisheries Mitigation; New License
 
US Bureau of Reclamation Shasta Dam Enlargement; Shasta Reservoir; McCloud River; Pit River; Upper Sacramento River; and Tributaries; Pre-Project Salmon and Steelhead Mitigation; Rainbow and Trout Protection Measures;
DeSabla-Centerville Hydropower Project Relicensing; Endangered spring-run Chinook salmon; threatened steelhead; Rainbow and Brown Trout; Mitigation;
 
Yuba-Bear Hydropower Project; Relicensing; Salmonids Protection Measures.
 
Oceano Dunes State Vehicular Recreation Area – San Luis Obispo County – Endangered Tidewater Goby; Threatened Steelhead Trout; threatened California Red Legged Frog species and their habitat; endangered La Groicia Thistle Plant species and its habitat; Arroyo Grande Creek and Arroyo Grande Creek; California State Parks; California Department of Parks and Recreation; California Department of Fish and Game; Central Coast Regional Water Quality Control Board; US Fish and Wildlife Service; US NOAA Fisheries; US Army Corps of Engineers; US Environmental Protection Agency; San Luis Obispo County. Working with Dr, Nell Langford, PhD.
 
North Fork Feather River; Rock Creek – Cresta Project ERC Committee; Due Process Rights Process; Fisheries and Water Temperature Issues; CEQA Issues et al.
 
DeSabla-Centerville Project 803; West Branch Feather River and Butte Creek; Endangered Spring-run Chinook salmon species and their habitat’ Wild trout species and their Habitat; Interbasin Transfer of Water ( 40 plus years).
 
Plumas Corp Projects – Feather River CRM Group - Private Cattle Ranches and private grazing area; Trout Fisheries; Plumas County Recreation Advisory Committee Process.
 
Water Transfers; Numerous; State Pumps; Effects and harm to millions of striped bass; salmon; and steelhead species; State Water Resources Control Board approval process.
 
Pulse Boating Flow Issues; North Fork Feather River; Pit River; McCloud River; and other rivers; Effects to Trout and Macro Invertebrate Species and their Habitat
 
Others Not Noted
 
References
 
Dr. Mike Fitzwater, Secretary, Fall River Wild Trout Foundation
Former Member California Sportfishing Protection Alliance
16862 Pasquale Road
Nevada City, CA 95959
Tel: 530-265-8480 (Home)
 
Mr. Mike Kossow, Principle, Meadowbrook Conservation Associates
4352 Main Street
Taylorsville, CA 95983
Tel: 530-284-6589 (Office)
 
Mr. Dan McDaniel, Attorney at Law
Northern California Council Federation of Flyfishers
1287 Greenly Way
Stockton, CA 95207
Tel: 209-951-7900 (Home)
 
Dr. Roy Thomas, President, Carmel River Steelhead Association
Member, California Sportfishing Protection Alliance
26535 Carmel Rancho Blvd.
Carmel, CA 93923
Tel: 831-625-2255 (Office)
 
Others not mentioned