Judge upholds science on Delta salmon recovery plan
Chinook salmon
On Tuesday, a Fresno judge issued a mixed ruling on a federal salmon rebuilding plan critical to the survival of struggling Central Valley salmon runs as well as to the livelihoods of fishing families and communities throughout California and coastal Oregon.
While Judge Oliver Wanger upheld the science underpinning the plan’s fundamental finding – that massive freshwater export pumps in the Sacramento-San Joaquin Delta harm salmon and must be restricted when vulnerable young salmon attempt to migrate through the Delta – he also sent the plan back to the government for a better explanation of several aspects, including specific export limits.
The ruling comes on the heels of an expert National Academy of Sciences review that validated the science behind the salmon plan, also known as a biological opinion.
As some salmon runs, especially endangered winter-run, are at their lowest levels in decades, it is critical to maintain the salmon plan’s protections while the government reworks some elements.
Meanwhile, there is mounting evidence that the biological opinion will be a big win-win for both fishermen and California farmers.
Unlisted fall-run salmon have rebounded and fishermen and fishing businesses are back at work this year, bringing welcome jobs, economic activity and seafood production to the region. This is perhaps partially attributable to limits on Delta exports put in place in 2008 for the Delta smelt which also benefit salmon. Previously, fishermen were forced off the water for three years after a massive salmon collapse due in large part to poor Delta water management.
Thanks in part to the plan’s flexibility, San Joaquin Valley counties served by Delta exports saw record farm revenues in 2010. This year has seen record Delta water exports and San Joaquin apple growers are already celebrating a phenomenal crop. All this has occurred while Delta salmon protections have been in place.
The Central Valley salmon still have a ways to go to full recovery, and while the federal plan may require some additional tweaks, the facts are clear: our farmers can thrive alongside salmon and fishermen. That's a win-win we should all support.
So, I'm sitting here reading the comments regarding this blog at 4AM on a Sunday morning. It's peacefully quiet outside and I suspect that most of the posters to this blog are sleeping. But their words bring the same intensity to the reader no matter the time of day.
The California Farm Water Coalition exists to push a viewpoint that any restrictions for any reason on water to farmers is bad. That farm water use must have the highest priority and that any view that suggests otherwise is a direct threat to the lives and livelihood of farmers. One rarely hears anything about the needs of nature, the struggles of people who depend on having healthy runs of salmon, or the millions of people who enjoy and want salmon in their diet.
Now we have a federal judge, who is about to retire, going off in court on science and scientists. Mike Wade points out that the comments made by the judge included: "...the verbal lashing the judge levied at federal agencies and their biologists for submitting testimony in support of the biological opinions that was deemed "unjustified," "clearly erroneous," "unlawful" and "bad science." In his order to require NMFS to rewrite the biological opinion, the judge stated that the "2009 Salmonid BiOp and its RPA are arbitrary, capricious, and unlawful..." Californian can no longer afford "bad science..."
The judge is entitled to his opinion but it is just that. He is not a scientist. He is no expert on natural systems. In fact, there is nothing more absurd than elevating his remarks to the status of truth the way the Westlands Water District and the California Farm Water Coalition have predictably done. And, no where do they address the National Academy of Science's conclusion that the steps taken to reverse salmon;s decline were scientifically justified.
I used to produce a radio program for the University of California that ran weekly on the CBS Radio Network called, The Science Editor. I interviewed scientists every day about their research. Science is not fixed, it is always changing. One finding today could either be confirmed or contradicted tomorrow by another research project. But when it comes to human manipulation of natural systems you would be hard pressed to find any scientist that would suggest that there is no consequence that come as a result.
The judge is not a credible source of science fact. The endless hours that he has put into listening to testimony from all sides of the water debate do not qualify his comments to be elevated to gospel status. His comments seem more political than thoughtful. One wonders how long after he is officially retired that the Westlands Water District will proudly announce that this former judge is now on their payroll.
Farms need water and farmers have a right to water. But for any judge, or any group to dismiss the reality that human intervention in natural systems shows political arrogance and selfish interests.
It;s time to be reasonable about water use in California. The judges comments, and the continuing proclamations by Westlands and the California Farm Water Coalition that the steps taken to protect and restore salmon were/are bad science flies in the face of reason.
That's why we say again that it is time for Salmon Water Now!
Mike Wade says: "Revenues were still obtained on a statewide basis for the lettuce crop but farmers, farmworkers and local communities along the westside suffered."
I say: There was absolutely ZERO salmon fishing and ZERO salmon revenue in 2008 and 2009, and very limited opportunities in 2010. The westside did considerably better than the entire west coast that depends on salmon.
If you don't quit stealing our water, California can no longer afford the Westlands Water District.
According to a CBS News report that aired on May 26, 2009, salmon fishermen received direct payments under a disaster relief bill pushed through Congress. While there may not have been any salmon caught or salmon income in 2008, there was, nonetheless, assistance for the salmon industry, according to CBS. In her story Katie Couric stated, “Taxpayers are being forced to shell out $174 million (in 2009). That's on top of $60 million given out last year.”
Did farmers who lost water and couldn’t plant crops receive similar disaster payments? No.
Mike Wade
California Farm Water Coalition
Missing also is the findings of the National Academy of Sciences panel that found the science in the smelt biological opinion was fundamentally sound. Guess the judge figures he knows better than an independent group of non partisan scientists.
Missing from this post is the verbal lashing the judge levied at federal agencies and their biologists for submitting testimony in support of the biological opinions that was deemed "unjustified," "clearly erroneous," "unlawful" and "bad science." In his order to require NMFS to rewrite the biological opinion, the judge stated that the "2009 Salmonid BiOp and its RPA are arbitrary, capricious, and unlawful..." Californian can no longer afford "bad science."
Attempts to link farm revenues with water exports overlooks the fact that revenues are driven by prices farmers receive in the market, not water deliveries. As an example, during recent years when environmental regulations and drought restrict water deliveries, lettuce plantings in the westside of the San Joaquin Valley shifted to other parts of the state. Revenues were still obtained on a statewide basis for the lettuce crop but farmers, farmworkers and local communities along the westside suffered.
Mike Wade
California Farm Water Coalition
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