Chief of DFG Fisheries Branch Identifies Poor Ocean Conditions As Primary Cause Of Recent Central Valley Chinook Salmon Decline

In a recent interview for the Sacramento Bee, Stafford Lehr, fisheries branch chief for the California Department of Fish and Game, stated that the Central Valley fall-run of Chinook salmon is expected to be “very healthy.” The fishing season for Central Valley rivers opened on July 16th for recreational anglers. State and federal officials estimate more than 800,000 adult Central Valley Chinook salmon will make the spawning run this year, a drastic improvement from the historic low of approximately 40,000 salmon in 2009.

Mr. Lehr attributed the increased salmon numbers to improved ocean conditions, stating: “the ocean conditions improved significantly, which increased food availability and adult survival out in the ocean.” When asked what caused the drastic decline in the fall-run Chinook salmon, starting in 2007, Mr. Lehr responded: “Among federal and state fishery managers, there’s consensus that it was ocean conditions—very poor ocean conditions—that did not produce enough food for adult salmon.” He believed that the recent decline in the Central Valley Chinook salmon has been “primarily linked to ocean conditions.”

Poor ocean conditions were identified as “major factors influencing west coast salmon populations” in the 5-year reviews for the threatened Central Valley spring-run and the endangered Sacramento River winter-run, prepared by the National Marine Fisheries Service and released on August 15, 2011. (Spring-run 5-year Review, at p. 25.) The 5-year review for the spring-run stated:

Ocean conditions, such as sea-surface temperatures and upwelling are major factors influencing west coast salmon populations (Wells et al. 2008), including those from the Central Valley (Lindley et al. 2009). As previously discussed, Lindley et al. (2009) found that poor ocean conditions in the spring of 2005 and 2006 led to poor growth and survival of Central Valley juvenile salmon entering the ocean in those years. Upwelling off the California coast was stronger than average in the spring of 2007 and 2008 indicating good ocean conditions for Central Valley spring-run Chinook salmon smolts entering the ocean during those years (Lindley et al. 2009). Since the unusual ocean conditions in 2006, more typical patterns of upwelling and sea-surface temperatures have returned (Williams et al. 2011). The poor ocean conditions in recent years clearly had adverse impacts on the CV spring-run Chinook ESU as discussed previously. 

(Spring-run 5-year Review, at pp. 25-26.)  Similarly, the 5-year review for the endangered winter-run stated:

The last five years has been a period of widespread decline in all Central Valley Chinook salmon stocks including the SR winter-run Chinook salmon ESU. An analysis by Lindley et al. (2009) found that unusual oceanic conditions led to poor growth and survival for juvenile salmon produced in the Central Valley during the spring of 2005 and 2006 and these conditions most likely contributed to the declining abundance of this ESU.

(Winter-run 5-year Review, at p. 30.)

If you have question regarding the Central Valley Chinook salmon, please contact Elizabeth Leeper, or the KMTG attorney with whom you normally consult.

Court Rejects Lawsuit That Would Have Closed 2011 Sacramento Fall-Run Chinook Salmon Season

On September 30, 2011, the United States District Court for the Eastern District of California rejected a lawsuit filed by the San Joaquin River Group Authority ("SJRGA").  The lawsuit challenged the Pacific Fisheries Management Council's adoption of fishing management measures for Sacramento River fall-run Chinook salmon for the 2011 fishing season and the National Marine Fisheries Service's approval of those  management measures.

In a memorandum decision authored by now-retired Judge Oliver Wanger, the court first dismissed the Pacific Fisheries Management Council as a defendant on the ground that it was not an "agency" within the meaning of the Administrative Procedures Act:

The court next concluded that SJRGA lacked standing to bring such a lawsuit against the National Marine Fisheries Service, describing the failure by SJRGA to prove that the alleged harm from the 2011 management measures was "sufficiently imminent" or that the alleged risk of additional burdens on SJRGA's water rights was causally linked to the 2011 management measures.  The court found that SJRGA failed to demonstrate a likelihood that the challenged action would cause any harm to its members' water rights.

After finding that SJRGA lacked standing, the court went on to consider the merits of the case.  The court rejected SJRGA's arguments that the federal defendants had violated the Magnuson-Stevens Act, National Environmental Policy Act, and Administrative Procedures Act.

The district court's memorandum decision and order in the case, San Joaquin River Group Authority v. National Marine Fisheries Service, et al., Case No. 1:11-CV-00725, may be found here and here, respectively. 

If you have any questions concerning this decision, please contact Rebecca R. Akroyd or the KMTG attorney with whom you normally consult.