< Back to All News

Federal Judge Orders New Biological Opinion

A federal judge has ordered the National Marine Fisheries Service (NMFS) to issue a new biological opinion regarding fish habitat and fish passage on the South Yuba River by May 2014. South Yuba River Citizens’ League Executive Director, Caleb Dardick, says the original opinion issued in 2012 pleased SYRCL and Friends of the River because it ordered the Army Corp of Engineers to take action to improve spawning grounds in the lower Yuba River as well as study potential fish passage around Deguirre Point Dam and Englebright Dam which are owned and operated by the Army Corp of Engineers.
Click here to listen to SYRCL Executive Director, Caleb Dardick

The 2012 opinion did not please the Army Corp of Engineers or the Yuba County Water Agency. YCWA Manager Curt Aikens says the opinion was flawed and not based on good science.
Click here to listen to Curt Aikens

As a result, The Army Corp of Engineers and YCWA sued to have the Biological Opinion thrown out. SYRCL counter-sued to inforce the outcomes in the Biological Opinion. SYRCL also stated the Army Corp of Engineers has done little to implement the actions outlined in the 2012 Opinion. (The initial steps included re-introducing gravel and woody material to enhance spawning conditions and research possible fish passage strategies for migrating fish over the dams.)
Last week, Judge Morrison C Englund combined the two arguments and stated that the NMFS has until May of 2014 to re-do the study, and issue a new Biological Opinion.

KNCO Web Comments Guidelines

  1. Keep it clean. Comments with inappropriate language, no matter how cleverly spelled or decorated will not be posted.
  2. Comments on the way the story was written or misspelled words will be passed on to the story authors and not posted.
  3. Please use your real name. Anonymous comments or comments posted using a fake name or web handle may not be posted.
  4. Please use your real email address so we can contact you.
  5. No flaming. Any comments that are primarily of a name calling finger pointing nature may not be posted.
  6. The comment section is not a right it is a privilege. KNCO retains all rights as to what is posted on its website.

Leave A Comment

*

*

* captcha