California Sportfishing Protection Alliance

"RESTORING & PROTECTING CALIFORNIA'S FISHERY RESOURCES"
1360 NEILSON STREET / BERKELEY / CA 94702-1116 / 510-526-4049

Media Release: 3-21-01
Contact: John Beuttler / 510-526-4049
Bill Jennings / 209464-5090

Winter - Run Take Doubles "Red Light" Limit

CALFED's is in the midst of a major credibility crisis and fishery disaster.
The California Sport Fishing Protection Alliance (CSPA) recently confirmed
with the National Marine Fishery Service (NMFS) that the take of winter-run
salmon at the State Water Project Pumps in the Delta has exceeded the legal
take limit established under the Endangered Species Act by 50% and this
figure is expected to continue to increase until the run of outmigrating
smolts finishes exiting the Delta at the end of the month.

The NMFS permit with the state's Department of Water Resources calls for a
take limit of 7,404 winter-run fish at the State Water Protec pumps this
year, an estimated 2% of the winter-run salmon smolts. That figure has
exceeded 14,000 smolts according to NMFS. Prior to CALFED's Record of
Decision, this would have triggered a pumping curtailment or stoppage, but
that will not happen this year as the CALFED Plan will not allow the kind of
flexibility needed to stop the pumping and the damage it causes.

Compliance with the CALFED agreement is being used to justify no pumping
curtailments, as a NMFS representative stated that the agreement to establish
the CALFED Environmental Water Account (EWA) to aide fishery resources also
included a "no net loss" of water to the contractors beyond the water
provided to the EWA. The winter-run's share of this water, some 66,000 acre
feet, was used earlier this month, but could not stop the losses from
exceeding the 7,404 smolt "Red Light" take limit. The remaining EWA water,
dedicated to the Delta, is needed to assist the Delta smelt and is reserved
for that purpose. The Delta smelt is another of the estuary's fishes listed
under the federal Endangered Species Act (ESA) in an effort to prevent it's
extinction due to the impacts of water export from the Delta.

"Unfortunately the massive loss of winter-run is the result of the failure
CALFED Plan and its inability to deal with fish reality," commented CSPA
President Jim Crenshaw. "It is unfortunate" he said, "that CALFED did not
provide a 'no net loss of fish' equivalent to the 'no net loss of water' it
provided to the water contractors. The winter-run is supposed to be protected
under both the federal and state ESA. We know of no action taken by Congress
or the Legislature to have the CALFED agreement supersede state and federal
laws passed to protect endangered species, such as the winter-run, from
extinction."

The NMFS has reinitiated an Endangered species consultation with the Bureau
of Reclamation, whose NMFS permit covers the taking winter-run fish by the
state and federal Delta pumping plants, to see what changes need to be made
for next year, but no additional steps are planned to reduce or prevent
further losses to this years run according to NMFS.

"We believe this huge loss of winter-run at the State Water Project pumps
would not have happened if the agencies had not compromised the ESA to
establish a CALFED agreement," noted Crenshaw. "This raises serious questions
as to ability of CALFED managers to restore the estuary and its fishery
resources by using 'adaptive management' to adjust to reality in a timely
manner."

"Many millions of dollars and a decade of hard work to bring this fishery
back has been placed in serious jeopardy so water exports can continue as
usual from the Delta", according to Crenshaw. "It's time for the fish to get
the same 'no net loss' guarantee from CALFED that the contracts were so
generously given to ensure their contracts for the public's water supply."

CSPA is a nonprofit organization dedicated to restoring California fishery
resources to ensure this heritage is passed on to future generations. Those
wishing to contact the organization can call 510-526-4049.

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