Kern Valley Sun
The court-ordered injunction that prohibits stocking the Kern River with hatchery-raised trout inched its way closer to resolution Oct. 28, as the California Department of Fish and Game (DFG) held the last public meeting to discuss the department’s Environmental Impact Report/Environmental Impact Statement (EIS/EIR) and take final written comments from the public.
An estimated 100 people, most of whom traveled from the valley to attend the meeting, jammed the Doubletree Hotel in Bakersfield.
  
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“We estimate our business is down 25 percent from last year,” said Susan Holland, who with her husband, Dewayne, owns Primo’s in Kernville. “This year we appeased them. I’m worried about next year.”
Assemblywoman Jean Fuller’s field representative, Bryan Williams, read Fuller’s written response to Jim Starr of DFG.:
“The economy of the Kern River Valley depends on the continued stocking of fish. My constituents who live and own businesses in the Kern River Valley depend on the Kern River’s continued stocking” she said, “and the tourism that sport fishing brings with it,” Fuller wrote.
“The close proximity of the Kern River to the metro areas of Bakersfield, Fresno, and Los Angeles has contributed to an increase in tourism to this part of my district,” Fuller said. “Despite the downturn of the economy, the annual Kern River Valley Chamber of Commerce’s fishing derby saw a 74 percent increase in paid entries over 2008.”
Fuller continued, “However, because of the prohibition on fish stocking in the Kern River, local merchants have seen as much as a 30 percent reduction in revenues in 2009. Clearly, their misfortune is not caused by the poor economy, but because of a court order to stop the stocking of trout.”
Jim Hunt, speaking to Friends of the Hatchery members in the group’s June newsletter said, “I am very disappointed by the lack of concern and honesty shown by the California Department of Fish and Game at all levels with regard to the fish stocking situation.”
Hunt said he heard, in June, that Fish and Game officials would try to get some areas taken off the "no stocking" list.
"(Last summer) I was informed that they (were) getting ready to negotiate with the plaintiffs (of the lawsuit) on certain bodies of water, but not the Kern River," Hunt said.
The judgment for the injunction to not stock certain waters included a provision that would allow some waters to be removed from the no-stocking list by agreement of both parties (the plaintiffs Center for Biological Diversity & Pacific Rivers Council) and (defendants California Department of Fish and Game.) “DFG could have taken the reports showing no conflict between the hardhead minnow and the rainbow trout to the plaintiffs and requested to have the Kern River removed from the list,” Hunt said. “But they didn’t”
“Five months after DFG was sent documentation supporting the conclusion that there was no issue between the hardhead and the rainbow trout, no effort to remove the Kern from the list has been made,” Hunt said.
“And this after the Director of Fisheries promised me they would do so in February,” Hunt said. “We still do not know why the Kern was not on that list and I do not understand why Fish and Game has not at least provided some insight as to why they did not.”
Hunt said he is equally dismayed by the lack of response to requests for help from local and state representatives. “Only one elected official, Assemblymember Jean Fuller, has put forth an effort to have Fish and Game resolve the issue,” Hunt added.
History of events
In 2006, Pacific Rivers Council and the Center for Biological Diversity, filed suit against DFG alleging that DFG was in violation of the California Environmental Quality Act (CEQA) by continuing its fish stocking program without conducting an environmental review of the effects of that program.
In May 2007, the Sacramento Superior Court ruled in Pacific Rivers Council, et al., v. California Department of Fish and Game (Case No. 06 CS 01451.) The petitioners noted a special concern for the effects of trout stocking on native species of fish and amphibians. Court documents show the ruling required DFG to comply with CEQA by preparing an environmental evaluation of its fish stocking activities on a schedule approved by the court.
In October 2008, DFG advised the court that they would not be able to complete the EIRs by the deadline date. This resulted in an injunction against planting certain bodies of water that contained any species on a list of 25 species of concern. The Kern River is home to one of those species, the hardhead minnow, and was placed on the no-planting list until the completion of the EIR in 2010.
DFG reviews EIR/EIS process
Russ Grimes, environmental consultant with ICF Jones & Stokes, and EIR/EIS project director, described to the audience the process required by the court. “Initially, comes the scoping phase, when we filed notice of preparation and a notice of intent,” Grimes said. “This was to be followed by public meetings held in Carson, Bakersfield, Sacramento, and Redding.” Fuller successfully pushed for meetings in the Kern River Valley, too, citing the communities interest and the adverse economic impact the prohibition of fish stocking in the Kern will have.
In the document preparation phase, technical analysis and alternatives are included in the EIR/EIS document. “We are here,” Grimes said, pointing to a diagram noting the process is currently at the public comment period/public meetings point.
Grimes outlined the analysis of the various environmental impacts covered in the report, hydrology and water quality; biology; economics and recreation; mitigation measures; and finally, the recommended alternative 2– Continue the current fish stocking program, but with guidelines.
The timeline (see below)
Art Robinson, of Bodfish, asked, “What’s the timeline? How long is this going to take? How long before there will be fish stocking?”
Starr said, “We have to finish the EIR by Jan 10 and it goes to the judge.”
Grimes added, “In most of the cases I’ve dealt with, it takes about two months for the judge to make a ruling, but no one knows how long a judge will take. It’s anybody’s guess. No one can predict that.”
“So the earliest stocking might resume is February,” queried Robinson. “But we’re probably looking at March, April, or May, right?”
“ Yes, said Grimes. “This is followed by a 30-day comment period,” said Starr. “This is the only wildcard in this process. Anyone can say they contest the EIS/EIR and file a suit that challenges the court’s determination. Then we gather our documents and submit them to another court and start again.”
KRVR’s Richard Rowe, of Wofford Heights, was the last to comment. “The point is that most of us want Alternative 2, DFG’s ‘preferred alternative’, and though some of our comments might seem pointed, the purpose is to help them make the EIR/EIS a better document and less vulnerable to legal challenge,” he said.
Comments
57 comment(s)Mac wrote on Nov 25, 2009 10:44 AM:
Happy Thanksgiving to everybody! "
Gotta Know wrote on Nov 24, 2009 9:23 PM:
Please respond if you remember and/or know opie. "
Jeff wrote on Nov 24, 2009 6:06 PM:
Area Republican wrote on Nov 24, 2009 4:03 PM:
Mac wrote on Nov 24, 2009 12:33 PM:
Mac wrote on Nov 24, 2009 12:30 PM:
Area Republican wrote on Nov 23, 2009 10:16 PM:
Ann wrote on Nov 23, 2009 8:56 PM:
AR,I get so angry when reading some of your posts. However, I get the feeling that you really love me. Too bad, I am straight. Perhaps in our next lives?
As for the restocking of the river, we NEED this or else we as a community will not survive. I cannot fathom that happening, but it may if things persist. "
Jeff wrote on Nov 23, 2009 8:15 PM:
Area Republican wrote on Nov 23, 2009 5:51 PM:
Tony wrote on Nov 23, 2009 3:52 PM:
Jeff wrote on Nov 23, 2009 2:42 PM:
Mac wrote on Nov 23, 2009 12:45 PM:
Jeff, the answer is a certain person likes to rant about gays and liberals no matter what the actual topic is. And her assertions are so completely over the top that some of us unfortunately get dragged into it. Sorry for allowing myself to be pulled off topic into crazytown with its primary resident. "
Area Republican wrote on Nov 23, 2009 11:19 AM:
Jeff wrote on Nov 23, 2009 11:02 AM:
Ann wrote on Nov 22, 2009 9:40 PM:
Ann wrote on Nov 22, 2009 9:15 PM:
Mac wrote on Nov 22, 2009 5:36 PM:
Just answer me this. Do you seriously believe that there is a health issue involved in a gay person distributing food? Because if so, you are incredibly ignorant. And if not, and you're just saying that because you're prejudiced, then that's just a nasty thing to say. "
Area Republican wrote on Nov 22, 2009 1:40 PM:
Area Republican wrote on Nov 22, 2009 1:33 PM:
Go take a long walk....on a short pier!
You will find out some day just how wrong you are! I will pray for your soul that you do not have to pay for the ignorance you display! You are really a sick person to post what you do, and to act towards me like you do! You don't even know me and you hate me! Does that make sense or are you just a basket case all the time, obsessed with people who don't agree with you? "
Jeff wrote on Nov 21, 2009 9:37 AM:
Mac wrote on Nov 20, 2009 11:29 PM:
Area Republican wrote on Nov 20, 2009 5:40 PM:
Mac wrote on Nov 20, 2009 11:09 AM:
Thoughtful wrote on Nov 20, 2009 9:13 AM:
Area Republican wrote on Nov 19, 2009 10:28 PM:
Scribdog wrote on Nov 19, 2009 9:26 AM:
Mac wrote on Nov 19, 2009 8:20 AM:
Thoughtful wrote on Nov 18, 2009 7:53 PM:
Area Republican wrote on Nov 18, 2009 5:01 PM:
Gee, these people who post under "different names" than their real names are sure weird; what is the matter with them, they cannot use their real names? Hummmm, guess they have something to hide? Does this sound like an echo to you? "
local wrote on Nov 18, 2009 2:06 PM:
Area Republican wrote on Nov 18, 2009 12:09 PM:
Peg wrote on Nov 18, 2009 9:10 AM:
Mac wrote on Nov 17, 2009 8:17 AM:
Ann wrote on Nov 16, 2009 7:52 PM:
But, that's just me. "
Mac wrote on Nov 16, 2009 7:29 PM:
Mac wrote on Nov 16, 2009 7:26 PM:
Do you think before you type anything, or does it just all kind of spew out? Most environmental issues? Like what, clean water and air? Not dumping chemicals, recycling our trash? Or just some environmental issues like the fish thing? "
Ann wrote on Nov 16, 2009 2:24 PM:
Getting back on topic might be a plan for starters. "
Area Republican wrote on Nov 15, 2009 10:58 PM:
Ann wrote on Nov 13, 2009 6:51 PM:
marilyn keating wrote on Nov 12, 2009 11:00 PM:
We have done groups over and over again to Kernville. We all do different things..rafting, fishing..eating and drinking, shopping. Even if some people do not fish..we get a lunch together and go to the Lake. We are buying food/gas..to go and have a great day at the Lake. No fish? No reason to go! "
jim galloway wrote on Nov 12, 2009 4:37 PM:
Mac wrote on Nov 12, 2009 7:36 AM:
Scribdog wrote on Nov 12, 2009 12:39 AM:
Mac wrote on Nov 11, 2009 6:13 PM:
Mac wrote on Nov 11, 2009 5:58 PM:
Scribdog wrote on Nov 11, 2009 3:36 PM:
concerned wrote on Nov 11, 2009 11:52 AM:
Mac wrote on Nov 11, 2009 11:15 AM:
Mac wrote on Nov 11, 2009 11:03 AM:
Area Republican wrote on Nov 10, 2009 9:56 PM:
The reason we have worked for the betterment of America, and have not let environmental issues take prescendence over mankind, we realize some of the issues insisted upon by the environs damage the well-being and livlihood of Americans. The reason we have developed these guidelines, we feel it is prudent to make sure we are not taking away what is worthwhile to man. Most of the environmental issues are simply foolish, prideful and wasteful to mankind, who is the dominent figure here! "
Scribdog wrote on Nov 10, 2009 2:32 PM:
If you’re not part of the solution, you’re part of the problem. "
Mac wrote on Nov 9, 2009 4:35 PM:
What I take exception to is the characterization of environmentalists as people who want to "hurt America and take away our freedom". If one believes that is truly their agenda then they are paranoid and delusional. "
Area Republican wrote on Nov 7, 2009 8:05 PM:
jack mackey wrote on Nov 6, 2009 9:18 PM:
Mac wrote on Nov 4, 2009 3:00 PM:
Scribdog wrote on Nov 4, 2009 10:01 AM: