Outraged over the destruction of more than 1,600 spring-run salmon supposedly protected under the state and federal endangered species acts, the California Sportfishing Protection Alliance has filed a complaint with the Federal Energy Regulatory Commission (FERC). The complaint was filed against Pacific Gas and Electric Company (PG&E) alleging their violation of the Federal Endangered Species Act by operating its hydoelectric plant in a manner that caused the illegal take of federally listed (threatened) Spring Run Chinook Salmon in Butte Creek, a tributary to the Sacramento Rive, and for failure to operate Project 803 in conformance with the requirements of the Federal Clean Water Act.
"CSPA has filed this action on behalf of our several thousand members and affiliated groups, including the Northern and Southern California Councils of Fly Fishers, due to the flagrant abuse of PG&E's operation of Project 803 and the inability of state and federal agencies to take corrective action to protect this important salmon fishery" said Jerry Mensch of CSPA. "These were adult fish returning from the ocean that did not have a chance to spawn and help renew the run."
"By failing to release sufficient water of suitable temperature through its project facilities to sustain the spawning run of salmon in Butte Creek, the operation of Project 803 has resulted in the unnecessary death of these protected salmon," commented Mensch. "Such actions may affect future spring-run populations in Butte Creek which supports one of the last viable natural spawning populations in the Sacramento River system", he said.
The irony here is that if one of these fish was taken by an angler they would be cited and severely penalized under state and federal law. CSPA maintains the government should enforce the ESA uniformly and require compliance by all parties. No entity should be allowed to kill protected species without being held accountable.
"We are asking FERC to investigate this incident, require compliance of the project with the Federal Clean Water Act through a new "License Certification" that clearly requires the project to be operated so as not to cause flows or temperatures that are adverse to salmon," noted Mensch. "We are also asking FERC to require a project consultation with the National Marine Fisheries Service under the provisions of the Federal Endangered Species Act as well as to assess penalties.
CSPA is a non-profit fishery conservation organization working to ensure the restoration and conservation of California's fishery resources.
| Contact: | |
|---|---|
| Jerry Mensch Jim Crenshaw John Beuttler |
916-363-4021 530-661-0997 510-526-4049 |