6/29/1999 590

ENVIROS & FISHERMEN SUE TO PROTECT CALIFORNIA'S THREATENED STEELHEAD TROUT

On 6-22-99, the Center For Biological Diversity and a coalition of fishing and conservation groups, filed suit in federal court in San Francisco against the National Marine Fisheries Service (NMFS) for failing to protect California's threatened steelhead trout. While NMFS listed the steelhead as a threatened species under the Endangered Species Act, it has not yet outlawed the killing, harming or harassing of the fish. Without such an order, the listing of the steelhead under the ESA is essentially meaningless. Unlike NMFS, the U.S. Fish & Wildlife Service has outlawed the taking of all threatened and endangered species under a blanket policy. NMFS issues a separate ruling for each species, but has failed to do so for the steelhead trout.

The coalition filing suit included the Alameda Creek Alliance, the Pacific Coast Federation of Fishermen's Associations, the Northern California Council of the Federation of Fly Fishers, the California Sportfishing Protection Alliance, the Turtle Island Restoration Network, the South Yuba River Citizen's League, and the Coastside Habitat Coalition.

While NMFS has illegally delayed in applying ESA protection, steelhead statewide continue to be killed by diversion of water from streams, and habitat critical to their recovery continues to be destroyed. The lawsuit documents abuses and fish kills which have occurred in over 30 streams. From Arroyo Grande Creek in San Luis Obispo County to the Russian River in Sonoma County, water flows necessary for steelhead migration, spawning, and rearing are being diverted. From the Carmel River in Monterey County to the Yuba River in Yuba County, interruption of stream flows resulting in large fish kills have been documented. From Gazos Creek in San Mateo County to Lagunitas Creek in Marin County, steelhead habitat has been bulldozed or degraded.

The suit is being argued by Brendan Cummings (Berkeley) and Larry Sanders (Nevada City).