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Federal Appeals Court Upholds Central Valley Steelhead Protections

Federal Appeals Court Upholds Central Valley Steelhead Protections

by Dan Bacher

The Ninth Circuit Court of Appeals in San Francisco on August 20 rejected an attempt by corporate agribusiness to strip protected status from wild steelhead rainbow trout in California’s Central Valley.

Six San Joaquin Valley irrigation districts - Stockton East, South San Joaquin, Merced, Modesto, Oakdale and Turlock - challenged the steelhead listing under the Endangered Species Act (ESA) by the National Marine Fisheries Service (NMFS). They argued that ocean-going Central Valley steelhead population should be removed from the endangered species list based on their opinion that freshwater rainbow trout might someday replace extinct steelhead populations.

Coalition Supports Chesbro's Request to Delay MLPA Process

Coalition Supports Chesbro's Request to Delay MLPA Process

by Dan Bacher

On August 17, the Partnership for Sustainable Oceans (PSO), a coalition of conservation and fishing industry organizations, announced that it "fully supports" the request by Assemblymember Wesley Chesbro to delay the implementation of Governor Arnold Schwarzenegger's fast-track Marine Life Protection Act (MLPA) Initiative on the North Coast.

Chesbro recently asked California Resources Secretary Lester Snow for a six-month delay in the controversial process to allow more time to develop a plan that balances marine conservation with access for the public and traditional user groups. To date, Snow has not responded to Chesbro's request.

"I have met with Resources Secretary Lester Snow and strongly urged him to slow down the process and that no action be taken by the Blue Ribbon Task Force for at least six months to allow more time to develop a plan that protects marine life and balances the access rights of traditional user groups," Chesbro said. "I am confident that given enough time we can develop a workable solution between the fishing community, North Coast tribes and environmentalists. There has already been some movement in this direction. This is something that cannot be rushed."

Chesbro's request came in response to the increasing criticism of the MLPA Initiative by California Indian Tribes, fishermen, environmentalists and human rights advocates.

South Coast MLPA Report Now Ready For Public Review

South Coast MLPA Report Now Ready For Public Review

by Dan Bacher

A Draft Environmental Impact Report (DEIR) is now complete for the Marine Protected Area (MPA) proposals covering California's South Coast Study Region under Governor Arnold Schwarzenegger's Marine Life Protection Act (MLPA) Initiative. A 45-day public comment and review period began on August 18 and will run through October 4, according to a news release from the California Department of Fish and Game.

"The DEIR analyzes the potential environmental impacts of each of the five MPA proposals currently under consideration for this area, which extends from Point Conception to the California border with Mexico," said Thomas Napoli, Department of Fish and Game spokesman. "The MPA proposals are part of the larger Marine Life Protection Act (MLPA) process, which will create new MPAs along the length of California's coastline."

Napoli said the DEIR was prepared by the California Fish and Game Commission with assistance from the California Department of Fish and Game (DFG) as part of the required environmental review process under the California Environmental Quality Act (CEQA). The process began in June with a public scoping phase, during which DFG solicited comments on the range of issues and type of information that should be considered in the DEIR. These comments helped to shape the content of the DEIR released this week.

MLPA Initiative officials and their corporate "environmental" NGO allies tried to bypass the CEQA process in their fervor to fast-track the MLPA in an attempt to greenwash the abysmal environmental legacy of Governor Schwarzenegger, but massive opposition by fishing and conservation groups forced the state of California to comply with the law and begin an environmental review (http://www.capitolweekly.net/article.php?xid=z03lb1yk59habr).

No On 18 Chairs Are Optimistic After Water Bond Delayed

by Dan Bacher

The lack of support by Californians for Governor Arnold Schwarzenegger's water bond spurred the Legislature last week to delay the vote for this measure from the November ballot to 2012. This is a great victory for all of those opposed to the construction of the peripheral canal around the Sacramento-San Joaquin River Delta.

The bond funded the infrastructure needed to build the peripheral canal and new dams. Due to overwhelming opposition to the bond by fishing groups, environmentalists, Indian Tribes, labor unions, family farmers and Delta residents, the Governor will leave office without setting in place the infrastructure for the canal that he has so relentlessly campaigned for over the past three years.

"With the Legislature's vote to delay the Water Bond until the 2012 ballot, it is clear that both the contents and price are unpopular with voters," according to a news release from the No on 18 Campaign. "Now members from both houses, across party lines, have seized the opportunity to start the discussions necessary to craft a proposal that will truly ensure California has a secure, safe and reliable water supply for all Californians and our fragile environment."

A bi-partisan coalition of legislators worked hard to prevent AB 1265 from passing, knowing that the water bond “would not get better with time,” according to the No on 18 Campaign. Assemblymember Jared Huffman, who led the charge in the Assembly to pass last year's water package, was a vocal opponent of now delaying the bond.

Legislators of both parties, including the entire Delta delegation of Democrats Mariko Yamada and Joan Buchanan and Republican Bill Berryhill, joined Huffman in the Assembly. Twenty-two assembly members stood firm with the many environmental, fishing, tribal, labor and consumer groups opposing AB 1265.

Federal scientists find Klamath dam sediment to be non-toxic

Federal scientists find Klamath dam sediment to be non-toxic

by Dan Bacher

Happy Camp, CA - Federal scientists on August 12 released data indicating that sediment stored behind Klamath River dams targeted for removal is non-toxic. This data confirms findings from previous sediment studies performed by California agencies, according to a news release from the Karuk Tribe.

"Toxins in sediment are often a concern for dam removal projects," said Craig Tucker, Karuk Klamath Coordinator. "Often dam removal efforts are stymied by sediments behind the dams being contaminated by mercury or other hazardous substances."

However, Tucker noted that since almost all of the gold mining on the Klamath River happened downstream of Iron Gate Dam, toxins such as mercury were not found in sediments. Levels of other potential hazards such as dioxin were found to be similar to background levels and well below levels that pose health risks.

"Getting rid of these dams will actually solve toxin problems by alleviating the massive blooms of toxic algae," according Karuk Klamath Coordinator Craig Tucker.

Environmental Leader Calls For MLPA Official’s Resignation

Environmental Leader Calls For MLPA Official’s Resignation

by Dan Bacher

On July 21, a prominent North Coast environmental leader called for the resignation of an oil lobbyist who serves as a member of the Blue Ribbon Task Force (BRTF) to implement Governor Arnold Schwarzenegger's Marine Life Protection Act (MLPA) Initiative.

Judith Vidaver, Chair of the Ocean Protection Coalition based in Mendocino County, asked for the resignation of Catherine Reheis-Boyd, president of the Western States Petroleum Association, in her public testimony several hours after over 300 Indian Tribal members and their allies peacefully took control of a BRTF meeting to protest the violation of sovereign Tribal gathering and fishing rights under the MLPA.

"OPC respectively and regrettably requests that Catherine Reheis-Boyd voluntarily step down from her position on the Blue Ribbon Task Force (BRTF)," said Vidaver. "Oil and water do not mix - as we are daily being reminded by the disaster spewing in the Gulf. Mrs. Reheis-Boyd's position as President of the Western States Petroleum Association and her lobbying efforts to expand offshore oil drilling off the coast of California are a patent conflict of interest for which she should recuse herself from the BRTF proceedings which are ostensibly meant to protect the marine environment."

"OPC does not believe Mrs. Reheis-Boyd can provide unbiased, objective and science-based recommendations regarding placement and sizes of MPAs-especially if she may be privy to confidential oil industry information regarding areas of the coast of interest to the oil/gas industry," stated Vidaver.

Chesbro calls for 6 month delay of North Coast MLPA process

Chesbro calls for 6 month delay of North Coast MLPA process

by Dan Bacher

Citing concerns about how the Marine Life Protection Act (MLPA) is being implemented on the North Coast, Assemblymember Wesley Chesbro (D-Arcata) announced on August 9 that he is calling for a six month delay in the implementation of the MLPA on the North Coast.

Chesbro, the chair of the Assembly Natural Resources Committee, has asked California Resources Secretary Lester Snow to delay the controversial process for at least six months to “ensure that environmental protection is balanced with traditional access rights.” Chesbro made the request in a recent meeting with Snow, according to a news release from Chesbro’s office.

Opposition to Governor Arnold Schwarzenegger’s MLPA Initiative by a diverse array of groups has mushroomed into the largest grassroots political movement of any kind on the North Coast since Redwood Summer of 1990.

On July 21, over 300 people, including tribal members from 50 Indian nations, immigrant sea urchin industry workers, recreational anglers, commercial fishermen, seaweed harvesters and grass roots environmentalists, peacefully took control of a meeting of the MLPA Blue Ribbon Task Force in Fort Bragg in defense of tribal gathering rights and against the MLPA’s domination by oil industry and other corporate interests.

“I have met with Resources Secretary Lester Snow and strongly urged him to slow down the process and that no action be taken by the Blue Ribbon Task Force for at least six months to allow more time to develop a plan that protects marine life and balances the access rights of traditional user groups,” Chesbro said. “I am confident that given enough time we can develop a workable solution between the fishing community, North Coast tribes and environmentalists.”

Legislature Delays Schwarzenegger Water Bond Until 2012

The California Senate and Assembly on August 9 passed Assembly Bill 1265, a measure that would delay the controversial water bond, Proposition 18, until November 2012.

The $11.14 billion measure, coauthored by Senator Dave Cogdill (R-Modesto) and Assemblywoman Anna Caballero (D-Salinas), will move next to Governor Arnold Schwarzenegger's desk for his signature.

The water bond, a virtual festival of pork, funds the infrastructure to build an environmentally destructive and enormously expensive peripheral canal and new dams. The delay in the bond means that the massive campaign by fishermen, environmentalists, Delta farmers, California Indian Tribes and labor unions has succeeded in preventing Schwarzenegger from putting in place the infrastructure for the canal, estimated to cost $23 billion to $53.8 billion, before he leaves office.

"At the end of last year, the Legislature made history by approving the first major investment in our water infrastructure in almost half a century," claimed Cogdill, who authored the legislation initially authorizing the bond for voter approval. "Mindful of the current economic slowdown, I support the move to give voters more time to understand this critical investment and give the state's economy more time to rebound."

Your Call Needed TONIGHT To Urge Repeal Of The Water Bond - Call Now

FOR news and action alerts at: http://www.friendsoftheriver.org

Your Call Needed TONIGHT To Urge Repeal Of The Water Bond - Call Now

This week, possibly tonight, the California Legislature will likely vote on AB 1265, a bill to delay a public vote on Proposition 18, the $11 billion water bond, until 2012. The water bond is currently on the November 2010 ballot, but polls show that the budget-busting measure may fail. So this afternoon Governor Arnold Schwarzenegger and legislative leaders are proposing AB 1265 to move the vote to the next general election in 2012. The commitee is meeting as we send this email so please do call as soon as you can!

Friends of the River opposes the water bond because part of the measure would fund expensive and largely ineffective new and enlarged dams. Unlike previous water bonds, the taxpayers will be billed for costly and destructive dams, not those who directly receive and benefit from what little new water may be produced by the dams. In addition, the $11 billion bond will ultimately cost taxpayers $22 billion, increasing California’s debt and requiring additional budget cuts in public education, safety, and health services.

Schwarzenegger Appointee Is Off The Fish and Game Commission

by Dan Bacher

The Sacramento Bee and several corporate environmental NGOs conducted a desperate, last minute effort to pressure the California Senate to confirm Don Benninghoven, a Schwarzenegger appointee, as a Fish and Game Commissioner.

However, widespread opposition to Governor Arnold Schwarzenegger's Marine Life Protection Act (MLPA) Initiative by an unprecedented coalition of fishing groups, Indian Tribes, seaweed harvesters and environmentalists forced the Senate leadership to do the right thing and deny Benninghoven's confirmation. In a big victory for environmental justice, the Senate failed to confirm Benninghoven by Wednesday, August 4.

Senate President Pro Tem Darrell Steinberg (D-Sacramento), who chairs the Rules Committee, declined to schedule a confirmation vote because of the massive opposition to Benninghoven's confirmation, combined with his reluctance to confirm long-term appointees chosen by the lame duck Governor.

During the past several months, thousands of recreational anglers and their supporters voiced their concerns about Benninghoven's lack of independence and objectivity as a member of the Fish and Game Commission, especially throughout the process of implementing Schwarzenegger's MLPA Initiative.

"We are so pleased that recreational anglers from across California responded with letters to Senate President Darrell Steinberg decrying Don Benninghoven's bias in the MLPA process," said Bob Fletcher of the Sportfishing Association of California and former Chief Deputy Director of the Department of Fish and Game. "And we are pleased that the State Senate listened to Californians who love to fish and who love the ocean as much as anybody."

In August 2009, Governor Schwarzenegger appointed Benninghoven to the Commission at the last minute to vote on a proposal to close areas within California's North Central Coast region to fishing and seaweed gathering. Just prior to his appointment, Mr. Benninghoven had served on the panel that designed the closures, the Blue Ribbon Task Force (BRTF), a body dominated by oil industry, real estate, marina development and other corrupt corporate interests.

Urgent Action Alert: Water Bond Vote on Monday

Hello everyone,

I've written you all before about Proposition 18, the disastrous $11 billion water bond that allows for more dam development and paves the way for a peripheral canal in the California Delta. As you all know by now, the Governor has asked the legislature to postpone the bond to the 2012 ballot, when he thinks it will have a better chance of passing.

The big news is that the legislature will vote on postponement this coming Monday. Can you make a call personally, or generate 10 calls from your members before Monday morning to your local legislators asking them to vote NO on postponement?

The bill number is AB 1265. We are asking for a no vote. Delaying the bond for two years will keep the legislature from developing better water policies that work for all Californians. We should scrap the bond completely, not delay it -- but if they won't scrap it, at least let voters have a say this November. We're confident it would be voted down, and then we can move on to working on better alternatives.

Food & Water Watch has put together an action alert page where people can look up their legislators' numbers and call them, and also send an email. Please circulate this with your lists if you can and ask them to make a call: http://action.foodandwaterwatc...

Thanks to many of the groups on this listserv, we're now several dozen organizations strong against the bond. If each of your groups can generate even 10 calls, it would be a huge help -- and more would be great too. This will be a close vote and we don't have a lot of time. Thanks for your help!

No on 18: Repeal, Don’t Delay the Water Bond

No on 18: Repeal, Don’t Delay the Water Bond

by Dan Bacher

The No on Proposition 18 campaign on Friday announced its opposition to A.B. 1265, a Schwarzenegger administration backed bill to postpone the $11.14 billion pork-filled water bond from this November's ballot to 2012. The Legislature will vote on postponement on Monday, August 9.
The announcement was made the day after Food & Watch Watch released a ground-breaking report revealing who's really behind the water bond.

The bill, pushed by agribusiness interests, southern water California agencies, oil companies and corporate water privatizers, is sponsored by Assemblywoman Anna Caballero (D-Salinas) and Asssemblyman Kevin Jeffries (R-Lake Elsinore).

"A vote for A.B. 1265 is a vote for the water bond," said Jim Metropulos of the Sierra Club California. "Legislators should do what's right for California and vote down this attempt to delay the measure - not try to hoodwink voters by postponing it for two years."

State Water Board Takes Action on 1,700 Severely Polluted Waterways

FOR IMMEDIATE RELEASE: August 4, 2010
Media Contact: Linda Sheehan, California Coastkeeper Alliance, (510) 219-7730

State Water Board Takes Action on 1,700 Severely Polluted Waterways
New List Reveals Few Californians Enjoy “Fishable, Swimmable, Drinkable” Waterways

(Sacramento, CA) Today, the State Water Resources Control Board formally adopted the
2008/2010 303(d) List, which shows that more than 1,700 California beaches, rivers, lakes, and
coastal waters are severely polluted, or “impaired.” According to the new list, more than 90% of
Californians live within 10 miles of a severely polluted waterway.

The State Water Board is required to create a list of seriously polluted water bodies every two
years, known as the “303(d) List,” after Section 303(d) of the Clean Water Act. The List is
compiled based on water quality monitoring data that show which waters are too polluted for
activities that Californians used to be able to enjoy, such as fishing, swimming, boating or
surfing.

Stop the Privatization of Sacramento’s Water by Beverage Bottlers

Stop the Privatization of Sacramento’s Water by Beverage Bottlers
By Dan Bacher

The Nestlé Corporation last year was able to open a bottled water plant in Sacramento with no public input through a back door deal with Sacramento Mayor Kevin Johnson.

The Swiss corporate giant has been the target of a boycott by human rights groups for over 30 years because of the millions of children its infant formula, tainted with contaminated water, have killed throughout the Third World. This corporate criminal is buying tens of thousands of gallons of Sacramento City water at the bargain rate offered to local manufacturers and industries, according to local activist Darien De Lu.

Genetically Modified Salmon Present a Number of Risks to Consumer Health and Environment

The New York Times (last month) and Washington Post (yesterday) published stories claiming that the FDA may soon allow for the sale of genetically modified salmon. Please see below for Food & Water Watch's take on the controversial practice.

FOR IMMEDIATE RELEASE: August 3, 2010

Genetically Modified Salmon Present a Number of Risks to Consumer Health and Environment

Statement from Wenonah Hauter, Executive Director, Food & Water Watch

Washington, D.C. – As rumors swirl that the Food and Drug Administration (FDA) may allow the sale of genetically modified (GM) salmon to consumers, flaws in the review process surrounding this controversial disruption to the natural food chain are coming into focus. The FDA, which has been tasked with overseeing the public’s health, could approve the divisive science experiment as early as this fall — a decision that consumers strongly oppose. If approved, the salmon would represent the first genetically modified animal sold as food to unsuspecting consumers (currently, there are no labeling requirements in place to assist consumers in identifying and avoiding GM foods).

Unfortunately, many in the aquaculture industry seek to genetically engineer fish to speed up production of their product. In this case, the company lobbying the FDA for approval, AquaBounty Technologies, wants to combine salmon genes that control growth hormone with a gene from another fish, the ocean pout. The ocean pout gene would keep the growth hormone in production, effectively creating mutant salmon that grow at twice the normal rate.

Unfortunately, the FDA’s tests (historically used to determine if a non-GM food was safe) were created before GM products became a reality and are insufficient in determining the long-term, unforeseen consequences of the GM salmon in question. Put simply, these dated tests cannot determine the salmon’s full allergenicity and toxicity.