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Steelhead snarled in red tape
By Jesse Phelps

If steelhead trout find the Ventura River increasingly hard to navigate, it appears they aren't having any better luck finding help through the agencies charged with their recovery.
Much of the recent talk has dealt with the amount of water needed for the Robles Diversion fish ladder and various technical issues. But in a letter sent from National Oceanic and Atmospheric Administration Fisheries (formerly the National Marine Fisheries Service) acting regional administrator Rodney R. McInnis to the Bureau of Reclamation suggests the hang-up may be simple red tape.
According to the letter, the latest delay can be traced to a lack of response from Bureau of Reclamation regarding NOAA Fisheries' final proposal for the operational procedures of the passage, which was sent nearly 14 months ago.
In the letter, McInnis states, "NOAA Fisheries received a Final Biological Assessment from Bureau of Reclamation on Nov. 20, 2001, which outlined proposed construction activities at the Robles Diversion, as well as future operations aimed at facilitating upstream and downstream steelhead migration. After a thorough review, NOAA Fisheries communicated to BOR the inadequacies and factual errors present within the biological assessment via a letter dated Feb. 6, 2002."
Foremost among the inadequacies was the omission of a complete project description, including an adequate operational scheme for the facilities and an effects analysis for those "interrelated and interdependent activities linked to the diversion."
John Johnson, CMWD's executive director, was unable to be reached for comment and explanation of what activities are being referred to.
The biological assessment also did not include a project description that ensured the adequate passage of fish, and lacked information and analysis of actions and effects for Matilija Dam and Casitas Dam.
National Oceanic and Atmospheric Administration, Bureau of Reclamation and the Casitas Municipal Water District met several times over the ensuing months. The Bureau of Reclamation proposed that the inadequacies be addressed through three technical memorandums on three topics: Fish ladder construction activities when river flow is present in the project area; future monitoring and research; and the interrelated and interdependent projects associated with the Robles Diversion facility.
Following this, the Technical Advisory Group reconvened, made up of NOAA Fisheries, California Department of Fish and Game, and Bureau of Reclamation, and Casitas representatives. The group was to determine outstanding issues regarding the perceived inadequacies from the November 2000 final biological assessment. Following agreement on operating the facility, the Bureau of Reclamation was to submit the agreed upon operations to NOAA Fisheries to begin the formal consultation process.
According to McInnis, NOAA Fisheries received the final technical memorandum on Oct. 11, 2002, completing requests by NOAA Fisheries in their February comments on the biological assessment. As a result of the memoranda and further meetings of the Technical Advisory Group, NOAA Fisheries formalized its preferred operational scenario in a letter dated Oct. 28. 2002.
Now, says McInnis, NOAA Fisheries is still waiting for a response from Bureau of Reclamation. In summation, he urges the bureau to "finalize the proposed facility operations and submit these as soon as possible" as Casitas stands to lose substantial grant money for the fish passage.
Casitas board member Jim Coultas says that Casitas is also in a holding pattern, waiting for NOAA Fisheries and the Bureau of Reclamation to issue the order. "The Bureau is not real prompt," he said. "My experience is that things take a long time with them."
In addition, says Coultas, nobody can start work in the streambed until the winter months are over, at least June. "There are environmental concerns about working in the river," he said. But to keep the grants already allotted, Casitas needs the process to be formalized as soon as possible.
Casitas has been unwilling to move forward without a mandate from NOAA Fisheries, which, in turn, isn't forthcoming without the Bureau of Reclamation's approval of the preferred operational procedures.
"It's all smoke and mirrors, said Russ Baggerly, president of the Environmental Coalition of Ventura County. He points to the ongoing public relations campaign by Casitas and that body's contention that its bass fishery at the lake could be impacted by the steelhead passage. "It's not going to kill the bass fishery at Casitas," he said.
"The perception of most people, especially land owners, is that the Environmental Species Act creates a burden. As soon as we get the (steelhead) de-listed - and we have a prime possibility to do that on the Ventura River and the Santa Clara River - the sooner we can lift the burden of the Endangered Species Act," Baggerly said.
"This letter is the fish-or-cut bait letter. It's time to take that responsibility."

© 2003 The Ojai Valley News

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