Yuba fish woes spawn lawsuit

Environmental groups have amended a lawsuit demanding two federal agencies do more to correct fish migration obstacles in the Yuba River.

A 2006 lawsuit filed by the South Yuba River Citizens League and the Friends of the River was amended last week because the groups do not believe the U.S. Army Corps of Engineers and the National Marine Fisheries Service are doing enough.

The groups are trying to help three endangered fish — Chinook salmon, steelhead and green sturgeon — that use the Yuba River to swim past Daguerre Point Dam and Englebright Dam so they can spawn.

"Doing nothing is not an option at this point," said Steve Evans, conservation director for Friends of the River. "But that's what the corps is doing. They're absentee owners."

The groups say they want the Army Corps and the Fisheries Service to begin looking at ways to make ease fish migration up the river. The Army Corps declined comment.

National Marine Fisheries issued a 2002 biological opinion on all rivers and watersheds in the Central Valley, saying dams would "not jeopardize the continued existence of the species."

The opinion expired in 2007, but an extension of the document has been requested.

The suit, filed in federal court in Sacramento, said the opinion listed four reasonable measures to aid the fish but did not list a timeline.

Last week's filing, which runs 50 pages, was the fifth amendment to the 2006 suit.

"They had an opportunity to amend opinions and start the process to find a solution but they didn't," Evans said. "Daguerre Point Dam impedes as much as 40 percent of the salmon in the river."

Recent studies have shown a decline in fish populations throughout California.

Jason Rainey, South Yuba River Citizens League executive director, said the groups are asking the federal agencies to develop a solution.

The Yuba County Water Agency is a defendant, but Evans said "they are not after the agency."

Rainey said fish are not the Water Agency's main responsibility, and it should be in the hands of the federal agencies.

Both environmental groups are part of the Yuba River Accord, which regulates river flows to help the fish.

"The salmon can't benefit from the accord if they can't get up the river," Evans said.

YCWA General Manager Curt Aikens said the agency has done more than any other agency to help fish migrations, including the increase of flows to help fish habitat.

"A collaborative approach is a better way to solving problems than a lawsuit," Aikens said. "The Yuba County Water Agency has been the leader in the collaborative process to resolve fishery issues. Being grouped in with other agencies is frustrating."

Contact Appeal-Democrat reporter Andrea Koskey at 749-4709 or akoskey@appealdemocrat.com