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HomeMy WebLinkAboutFERC Filing Docket #P-2100 '&I�ISTRATION JUL 2 2 2015 NEW YORK 13Uane 'V10rrS OROVILLE,CALIFOLNIA ATLANTA LONDON BALTIMORE SINGAPORE WILMINGTON PHILADELPHIA FIRM and AFFILIATE OFMCES MIAMI CHICAGO BOCA BATON WASHINGTON,DC PITTSBURGH SAN'FRANCISCO THOMAS M.BERLINER NEWARK SILICON VALLEY DIRECT DIAL:+l 415 957 3333 LAS VEOAS SAN DIEGO PERSONAL FAX:+1 415 520 5835 CHERRY HILL SHANGHAI E-MAIL:TMBerliner@duanemorris.com LAKE TAHOE BOSTON MYANMAR HOUSTON www.duanemorrisxoni OMAN A CC(,RFPRE5ENTA71Fh'0FFJCF LOS ANGELES 0FDUANFUORRIS HANOI HO CHI MINH CITY MEXICO CIT ALLIANCEWITH MIRANDA&ESTAVILLO EJLLLNKA ALLIANCE WITH July 16, 2015 DOW INTERNATIONAL JUL 2 2 2015 VIA E-FILING CMVILLE,CALIFORNLA, The Honorable Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First St.,NE Washington, DC 20426 Re: California Department of Water Resources, Oroville Project Relicensing, FERC Docket No. P-2100 Attached please find a letter from Terry Erlewine, General Manager of the State Water Contractors Association,to Mr. Rodney R. McInnis, Southwest Regional Administrator of the National Oceanic and Atmospheric Association concerning a change in conditions in the Feather River, California that effect the passage flow for adult sturgeon at Shanghai Beach. Also included is a Draft Research,Monitoring &Evaluation Plan for Feather River Green Sturgeon submitted for NOAA's consideration in its preparation of a Draft Biological Opinion for the Oroville Facilities FERC relicensing project. We are submitting this letter as an infon-national filing in the above-referenced FERC docket. Please do not hesitate to contact the undersigned with any questions. Very truly yours, /s/ Thomas M Berliner Thomas M. Berliner Enclosure Cc: Service List Terry Erlewine, SWC Tim Haines, SWC Stefanie Morris, SWC DUANE MORRIS . P SPEARTOW;E ONE MARKET PLAZA,SUITE 2200 PHONE:+1 415 957 3000 FAX:+1 415 957 3001 CO,SAN FRANC COCA 94105-1127 V/ June 12,2012 9 0 Mr. Rodney R.McInnis , ' fi NOAA, Southwest Regional Administrator a 501 West Ocean Boulevard,Suite 4200 Long Beach,CA 90802 ,E rsas Subject:Request for Study of Green Sturgeon DIRECTORS Joan Maher Dear Mr.McInnis: President Santa Clara Valley Water District In July 2009 the National Marine Fisheries Service (NMFS) issued a draft Biological David riot Okita Opinion(Draft BO) for the relicensing of the Oroville Facilities,FERC License No.P- Vice President 2100. The Draft BO sets forth flows in the lower Feather River for passage of green Solano County Water Agency sturgeon. A significant change has occurred to the river conditions that warrants Dan Flory revisiting the prescribed flows. Further,in our view the Draft BO does not provide for Secretary-Treasurer Antelope Valley-East Kern a sampling plan sufficient to account for how normal variation in river flows affects Water Agency green sturgeon passage. This request for a study of Green Sturgeon in the Feather Stephen Arakawa River is intended to address both. Metropolitan Water Distrix of Southern California Curtis Creel Enclosed please find the Draft Research,Monitoring&Evaluation Plan,Feather River Kern County Water Agency Green Sturgeon, January 2012, by Ray Beamesderfer of Cramer Fish Sciences (the Mark Gilkey Research Plan), submitted for your consideration in drafting the summary of effects Tulare Lake Basin Water and the reasonable and prudent measures for green sturgeon in the next Draft Storage District asnada Biological Opinion for the Oroville Facilities FERC RelicensingProject. Dan eWater � Castaic Lake Water Agency Steven Robbins a Subsection 8.4.2 of the Draft Biological Opinion issued by NMFS in July 2009 Coachella Valley Water District includes the following statement: Ray Stokes Central Coast Water "DWR green sturgeon scientists have recently reviewed passage Authority flows in the lower Feather River and have determined that flaw ranging from 2,500-3,000 cfs would be needed for adult green General Manager sturgeon passage at Sunset pumps and 5,000-5,500 cfs would be TerryEriewine i needed at Shanghai Bench. " We call to your attention the fact that in late January-early February of 2012 the falls k at Shanghai Bench collapsed and there is no longer any impediment to passage of adult sturgeon at this location. In light of the collapse of the passage barrier to up- ` ` ant adult green sturgeon at Shanghai Bench we respectfully request that NMFS n gr g p y q revisit subsection 10.4 Terms and Conditions,section 6.c.iii of the July 2009 Draft BO related to pulse flows intended to facilitate upstream movement of adult green sturgeon through the lower Feather River. ' By submitting this proposal, the State Water Contractors and The Metropolitan water District of Southern California are not waiving any legal rights or remedies pertaining to the biological opinion.In that regard,please see the letter addressed to you and dated August b,2009,filed by the aforementioned at the Federal Energy Regulatory Commission on August 7, 2009. However, and without waiver, for purposes of resolving the scope of reasonable and prudent measures,the SWC and MWD are willing to accept the study proposal we are forwarding with this letter by way of resolution of any dispute regarding the appropriateness of reasonable and prudent measures set forth or as may be set forth in the NMFS biological opinion. 1121 L Street,Suite 1050•Sacramento,California 956143944.916.447.7357•FAX 916.447-2734 www,swc.org Mr.Rodney R.McInnis June 12,2012 Page 2 The Research Plan presents nine research, monitoring, and evaluation strategies for studying green sturgeon in the Feather River that do not include specific flow target measures for green sturgeon for the initial phase of the program. The approach set forth in the Research Plan will be sufficient to meet the stated goals of describing and quantifying the movements, distribution, abundance, productivity and diversity of green sturgeon in the Feather River and to evaluate the effects of normal variation in river discharge on green sturgeon use of the Feather River. The SWC look forward to reviewing the next iteration of the Draft Biological Opinion for the Oroville Facilities FERC Relicensing project. If you want to discuss the Research Plan or any other matters please contact me at your convenience. Sincerely yours, Terry Erlewine General Manager cc: FERC Howard Brown,NMFS Steve Edmonson,NMFS Marie Rea NMFS Ted Craddock,DWR January 2012. Draft Research, Monitoring & Evaluation Plan Feather River Green Sturgeon 1 � C FOAM E R Prepared by Ray Beamesderfer r.-AINFISH SCIENCES Cit. Oregan•C'al ornia•WwhiVon•Idaho-Alaska 600 NW Fariss Road, Gresham, OR 97030 2 Summary This plan outlines a comprehensive research, monitoring, and evaluation program for green sturgeon in the Feather River. Objectives include: 1) Describe and quantify green sturgeon use of the Feather River including movements, distribution, abundance, productivity and genetic characteristics; and 2) Evaluate the effects of normal variation in river discharge on green sturgeon use of the Feather River. NMFS has determined that the Feather River supported a significant spawning population in the past but does not currently. The lower Feather River has been formally designated by NMFS as Critical Habitat for green sturgeon under the Endangered Species Act. A draft Oroville project Biological Opinion (BO) concluded that incidental take of green sturgeon has occurred as a result of continued operation of Oroville facilities without fish passage and identified a series of reasonable and prudent measures for green sturgeon. These include the development and implementation of a monitoring plan. A limited sampling program is currently implemented by DWR but this effort is not adequate to meet research, monitoring, and evaluation needs identified in the Oroville Biological Opinion. The Opinion also called for target flow measures for green sturgeon. However, analysis of normal variation in flow demonstrates that related measures are not necessary to,provide conditions needed to effectively evaluate the flow effects on green sturgeon. A critical opportunity to study green sturgeon under unique high flow conditions during 2011 was lost due to delays in implementing an effective evaluation program. This plan was developed in an attempt to further timely implementation of this important work. This proposed program incorporates nine research, monitoring and evaluation strategies: 1. Immediately implement a comprehensive, long-term research, monitoring and evaluation program of green sturgeon in the Feather River. 2. Monitor all sturgeon life stages including adult migration and residence, spawning, incubation, larval dispersal, and juvenile rearing. 3. Employ a basic annual sampling effort supplemented with additional sampling in years of high sturgeon abundance. 4. Employ a phased approach: first evaluating current conditions to establish reference baseline conditions and empirically testable hypotheses, and later testing appropriate experimental measures identified based on initial evaluations. 5. Conduct initial evaluations of the effect of flow volume and duration on green sturgeon attraction, migration,and production based on normal variation in flow. 5. Include no specific flow target measures for green sturgeon in the Feather River for the initial phase of the research, monitoring and evaluation program. 7. Identify contingencies for implementing experimental flow levels in the event that normal water year variation does not provide a suitable range of test conditions over the course of a 10-year evaluation period. 3 8. Include focused evaluations of sturgeon passage at potential migration barriers including Shanghai Bench and Sunset Pumps. 9. Design Feather River research, monitoring and evaluation efforts to complement other green sturgeon research and monitoring activities in progress or planned for the Sacramento and Feather Rivers by other agencies and parties including the Department of Fish and Game, Bureau of Reclamation, University of California at Davis, and the U.S. Fish and Wildlife Service. Project objectives and tasks include: Objective 1. Describe and quantify the movements, distribution, abundance, productivity and diversity of green sturgeon in the Feather River. Task 1.1. Identify spatial and temporal distribution, habitat use, and abundance of adult green sturgeon throughout the river from its confluence to the fish barrier dam using high-resolution imaging sonar(Didson or blueview). Task 1.2. Collect adult surgeon by angling in areas of concentration in order to identify genetic characteristics and sexual maturity, and to tag with acoustic tags for subsequent tracking. Task 1.3. Monitor distribution and movements of acoustically togged adult green sturgeon using a combination of active tracking and receiver arrays operated annually throughout the river for salmon and steelhead. Task 1.4. Use artificial substrates deployed in potential spawning locations to document the occurrence, timing and environmental or habitat conditions of spawning. Task 1.5. Use a combination of D-ring nets, Tyke nets, and a dedicated screw trap to somple far larvae and juveniles downstream from known or suspected spawning sites. Task 1.6. Evaluate the feasibility of using environmental DNA to evaluate the occurrence and distribution of green sturgeon and spawning sites. Objective 2. Evaluate the effects of normal variation in river discharge on green sturgeon use of the Feather River. Task 2.1. Evaluate within-year effect of flow on distribution, movement and activity (including spawning)based on timing relative to low and high flow periods. Comparisons will also consider other environmental factors. Task 2.2. Evaluate among-year effect of flaw (and other environmental factors) on abundance and productivity. Task 2.3. Evaluate effects of flow on passage at Shanghai Bench and Sunset Pumps with dedicated sampling efforts at those location at over a range of flow conditions. The estimated annual cost of full implementation of this program would be approximately $400,000 to$800,000 per year. 4 Research, Monitoring & Evaluation Objectives 1. Describe and quantify green sturgeon use of the Feather River including movements, distribution, abundance, productivity and genetic characteristics. 2. Evaluate the effects of normal variation in river discharge on green sturgeon use of the Feather River. Background Population Significance The significance of the Feather River for green sturgeon is uncertain but has been subject to substantial speculation and debate. The 2006 listing of the southern Distinct Population Segment of green sturgeon as threatened was based in part on a conclusion that the Feather River historically supported a spawning population in the past but does not currently. This conclusion was subsequently supported by an analysis of green sturgeon habitat requirements (Mora et al. 2009). In 2009, the lower Feather River from the confluence upstream to the Fish Barrier Dam (Figure 1) and the lower Yuba River upstream from Daguerre Dam were designated by NMFS as Critical Habitat for green sturgeon. A Recovery Plan for green sturgeon is currently under development but goals have not yet been established. However, restoration of a second population is likely to be a focus. The Biological Review Team that conducted the original status assessment postulated that multiple populations would reduce potential catastrophic losses in a single Sacramento population. The Critical Habitat Review Team identified the lower Feather River as an important area for conservation of the southern DPS because it has been consistently occupied by the species and most likely contains spawning habitat, potentially providing a spawning river for the southern DPS in addition to the Sacramento River. Current Status Adult green sturgeon are occasionally observed in the Feather River. These include small numbers of confirmed catches by anglers, detection of at least one acoustically-tagged fish, and sightings by resource agency staff. DWR staff have now documented at least one green sturgeon observation in the Feather River per year in seven of the past nine years. Many of the reported green sturgeon observations have occurred in recreational fisheries at the Thermolito Afterbay Outlet. This site was historically heavily-fished throughout the year by anglers targeting Chinook salmon, steelhead, and striped bass. More recently, salmon fishing has been restricted to areas downstream from the outlet but steelhead and trout fishing is allowed during part of the year. Sturgeon were occasionally caught incidental to the harvest of other species. Reported numbers are very low, typically ranging from zero to two per year but ranging as high as 12 in 2006 (including white, green, and unidentified sturgeon species). 5 Observations of sturgeon in this fishery are anecdotal — the actual catch is unknown. It is unknown whether observations include different individuals or multiple captures of individuals. Thermalito Diversion Dam Oroville Dam Fish Barrier Darn RM 65 Thermalito — Afte rbay RM � zWA P Steep Rif#ie �a 2 �r .,R_.a RM 56 Gridley Bridge RM 50 RM 45 A=" RM 40 sssage � vuS 3�P1 Sunset Pumps RM 35 i paR�� RM 30 Hwy 20 Bridge Shanghai Bench RM 25 nx try y i y h4�t Ftp ,2 Y Vo-",� ri wg � { RM 20 RM 15 �r j�ivei 5 utte r 6e Bypass RM 10 Hwy 99 Bridge RM 5 Sacramento RM 0 River Figure 1. Lower Feather River including critical habitat designated by NMFS for green sturgeon downstream from the Fish Barrier Dam to the Sacramento River confluence. 6 A number of green sturgeon sampling projects have been conducted in the Feather River over the years. Until recently, these efforts have met with limited success. Early efforts to sample larval sturgeon at the mouth of the river were unsuccessful (USFWS 1995). The Department of Fish and Game was similarly unsuccessful in sampling eggs and larvae in 2000 and 2001 (Shaffer and Kohlhorst 2002). Divers searched for sturgeon downstream of potential migration barriers twice during summer 2002 but found none (DWR 2002). DWR sampled unsuccessfully for adults, juveniles, eggs or larvae in 2003 and 2004 as part of the Oroville Relicensing studies, although several adult sturgeon were observed in 2004 (Seesholtz 2003, 2005). Since 2005, DWR has conducted a limited sturgeon sampling program in the Feather River. In 2011, this effort provided the first verified documentation of green sturgeon spawning in the Feather River (A. Seesholtz, DWR, personal communication). Until 2011, spawning was suspected but never confirmed. A total of thirteen green sturgeon eggs were collected in egg mats placed at the Afterbay outlet in 2011. Back-calculations of spawning date from sample date and egg stage identified at least three spawning events. Angling at the outlet also captured two adult green sturgeon and one adult white sturgeon. These fish were implanted with acoustic tags and movements were monitored with the acoustic array operated throughout the river to monitor salmon and steelhead. The tagged green sturgeon remained in the area of the Thermalito bubble curtain until fall — one fish left in September, the second in October. In 2011, Didson sonar was employed to survey sturgeon distribution throughout the river. Underwater video was also used to confirm sturgeon occurrence in the Yuba River (Bergman et al. 2011). The first use of the low flow channel was documented in 2011, confirming previous anecdotal reports by anglers. Adult green sturgeon were also observed breaching downstream from the boulder weir at Sunset pumps. The success of the 2011 effort where previous efforts had failed was attributed to a combination of additional sampling effort, greater expertise and the presence of fish during a high water year. Research and monitoring efforts to date have confirmed that green sturgeon migrate into and sometimes spawn in the Feather River, However, sampling effort and experimental design have not been sufficient to evaluate the significance and implications of this use. It is unclear if the adults periodically observed in the river are remnants of a depleted historical Feather River subpopulation or occasional strays from the Sacramento population that enter the Feather River under certain conditions. It is unknown if conditions are suitable for successful incubation and larval survival, or if current levels are sufficient to support a significant independent subpopulation. 7 Flow Effects The effects of stream flow and water management on green sturgeon use of the Feather River are of vital interest because of the potential benefits of higher flows and the associated costs. The incidence of sturgeon sightings in the Feather River, appears related to the occurrence of high springtime flows (Figure 2). Sightings are generally but not always highest during high flow years. While this information does not represent a scientific survey, it does provide some qualitative support for a hypothesis that flow affects sturgeon usage of the Feather River. 2 so '''" ' Average Peak 60r: LL 14 �► Ffiur',` X10 �r CL tn, 20 0 x 2 5g 0 t a ,.1� RN0 iiiw 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 Figure 2. Annual streamflow patterns during April and May in the Feather River at Gridley(DWR data)and numbers of annual green and unidentified sturgeon observations in the Feather River as reported in USFWS(1995),Schaffter and Koh1horst(2002), NMFS(2009,p. 154- 155),and recent unpublished DWR information. The degree to which flow affects attraction and/or passage of sturgeon in unclear. Nigher Feather River discharges might simply increase the incidence of straying of green sturgeon from the Sacramento population into the Feather system. Although no sturgeon tagged with acoustic tags that have been detected in Sacramento River spawning areas have also been detected in the Feather River, sample sizes of tagged fish are relatively low compared to the estimated population size. Evidence is equivocal for flow levels necessary to provide effective passage past potential migration barriers in the lower Feather River. In the draft Oroville Biological Opinion, NMFS (2009) suggested that higher flows improve migration conditions within the Feather River by flooding of low-flow passage barriers. NMFS noted that "although suitable passage conditions occur during most years, low flows during dry or critically dry years may block or delay migration." However, NMFS also noted that "sufficient flow conditions exist that create migration conditions that allow green sturgeon to migrate upstream even in dry water year 8 types, as evidenced by the observation of adult green sturgeon in the upper river reaches below Oroville and the Fish Barrier Dams" (NMFS 2009, p. 233). A number of qualitative assessments have been made of flow effects on passage at Sunset Pumps and Shanghai Bench. Sunset Pumps is a man-made structure is at river mile 38.2 for water diversion by the Sutter Extension Water District. Shanghai Bench is a natural feature of the river at river mile 24.5. For reference, the downstream end of the FERC facilities boundary is approximately river mile 54 and the Yuba River confluence is at river mile 28.5. • The USFWS (1995) recommended a mean monthly flow of at least 7,000 cfs at Gridley from February through May in wet and above-normal water years in order to provide suitable conditions for adult white and green sturgeon to migrate upstream and spawn and for their progeny to survive. These flow levels were inferred from an analysis of conditions in years of good green sturgeon recruitment, as indexed in the Delta salvage facilities. However, recruitment indices are not based on production estimates from the Feather River NMFS (2009). Hence, inferences on effective Feather River flow levels from Sacramento River production data may not be valid. The large majority of green sturgeon spawning currently occurs in the Sacramento River. Delta salvage numbers would therefore represent conditions in the Sacramento River rather than the Feather River. • In 2002 and 2003, DWR assembled a team of biologists to inspect passage conditions at Shanghai Bench, and Sunset Pumps under low flow conditions (2,074 cfs) in November and high flow conditions (9,998 cfs) in July (DWR 2003). This team felt that both structures were likely sturgeon passage barriers at low flows. Shanghai Bench was deemed likely to be passable at the representative high flow. Sunset Pumps was thought to be at least a partial passage barrier at the representative high flow although a side channel provided a potential avenue for passage. The team also noted that passage determinations at each of the potential barriers were speculative without a greater understanding of sturgeon migration patterns and physiologic capabilities. • DWR (2003) also noted anecdotal reports by local fishing guides that a flow of 5,000 cfs at Verona attracts sturgeon into the Feather River(DWR 2003). • NMFS (2009) reported that CDWR has identified minimum sturgeon passage flows of 2,500-3,000 cfs at Sunset Pumps and 5,000-5,500 cfs at Shanghai Bench. • In April 2011, at least a dozen sturgeon were detected with a Didson sonar below Sunset pumps (A. Seesholtz, DWR, personal communication). it is unknown if sturgeon preferred this habitat or if they were unable to migrate upstream of the rock weir that existed in this section of the river. After a substantial rise in flows from 6,000 to 12,000 cfs, the sturgeon disappeared. Whether they moved upstream or downstream is 9 unknown. Conditions of the sampling permit issued by NMFS for sturgeon capture and tagging prohibited capture and tagging prior to July 1 after spawning was likely to have occurred. Draft Oroville Biological Opinion In the 2009 draft Biological Opinion for Oroville Dam, NMFS concluded that sporadic observations of adult green sturgeon in the lower Feather River (e.g. Table 5-1 on p. 154) are indicative of an attempt to spawn and that suitable spawning conditions exist in the Feather River(NMFS 2009; H. Brown 4/5/2010). The Opinion concluded that the proposed action (relicensing of the Oroville Facilities) is not likely to jeopardize the continued existence of green sturgeon relative to current conditions (p. 256). NMFS found that the proposed action maintains the Primary Constituent Elements (PCEs) for green sturgeon habitat that supports their migration, spawning, and production in the lower Feather river. The proposed action also includes numerous water temperature and habitat improvement actions that improve the conservation value of critical habitat substantially after the first ten years of the license and throughout the remainder of the license period. However, NMFS concluded that incidental take of green sturgeon has occurred as a result of continued operation of Oroville facilities without fish passage (p. 257). The resulting level of take was deemed not likely to jeopardize green sturgeon. A series of Reasonable and Prudent Measures (RPMs) were identified to minimize the effect of incidental take of green sturgeon. Terms and conditions specific to green sturgeon (p. 266-273) included: 6(a) Develop&implement a green sturgeon management program. 6(b) Establish a green sturgeon technical subcommittee of the Feather River Technical Team. 6(c)(i) Develop annual strategic plans to minimize potential for adverse effect on migration and reproduction. WIN) Develop and implement a monitoring plan. 6(c)(iii-iv) Establish a schedule of pulsed target flows. 6(c)(v-vi) Implement operational measures to attempt to meet daily mean water temperature criteria from March-June(64°F at the downstream project boundary). 6(d) Develop a green sturgeon management plan. 6(d) Conduct feasibility studies of operational and physical habitat modifications. 10 NMFS directed that "measures shall be taken to minimize the adverse effects of the action on green sturgeon related to flows and water temperatures on adult upstream migration, egg incubation, larval rearing, and early juvenile development." Specific target flows are as identified in Table 1. Flows are defined targets rather than requirements. Failure to achieve the flow targets is not considered a violation of the terms of the Biological Opinion. Table 1. Target flows identified for green sturgeon in the draft Feather River Biological Opinion (measures 6.c.iii and 6.c.iv). Water rear .Per#off T t # t 1. Wet& March 1-12 7,000 cfs above April 1-30 Two,48 hr pulses of 7,000 cfs normal May 1-31 One,48 hr pulse of 7,000 cfs Below March&April Two pulses"of sufficient magnitude and duration to improve passage normal& impediments and facilitate the upstream movement of adults through dry the Lower Feather River." Flows as measured at the downstream end of the project boundary(river mile 54). Flow targets identified by NMFS were intended to facilitate the upstream movement of adults through the Lower Feather River by attracting green sturgeon upstream and providing passage over impediments. NMFS (2009 p. 157) surmised that: a) upstream migration past Shanghai Bench and the Sunset pumps may be impeded at low flows, b) low flow rates may cause fish to stop their upstream migration or delay access to spawning habitats. Flow targets are also intended to provide a range of flow conditions suitable for evaluations of flow effects on green sturgeon in the Feather River based on monitoring measures to be developed and implemented by DWR under the terms and conditions of the Biological Opinion (H. Brown, 4/5/2010). Flow Measure Cost-Benefit Assessment Preliminary assessments by the State Water Contractors estimated significant water costs to meet draft flow targets in some years. While normal flow patterns under current operations regularly exceed Biological Opinion target levels of 7,000 cfs from 1993-2009, targets were not always met under the specific water year conditions identified in the draft Opinion. Targets for wet and above-normal water years would require additional water in 5 of the 17 years including two wet years (1997 and 1999) and three above-normal years (2000, 2003 and 2005). Water requirements were very large (80-160 TAF) in three of those 5 years. Water costs would be greatest in above normal years. Costs during below normal and dry years are unknown because specific flow levels were not prescribed. Target flows fall within the range of normal annual variation and represent relatively modest increases in flow volume and duration relative to levels seen in many above normal and wet years. During the last 20 years under current operations, Feather River flows downstream from the Afterbay Outlet during March, April, and May frequently exceeded the 7,000 cfs criteria 11 identified in the draft Biological Opinion (Figure 4).1 The March 1-12 target of at least 7,000 cfs per day was met in 20% of the last 20 years (considered without respect to water year). The April target of at least two, 48-hour pulses 7,000 cfs was met in 35% of the last 20 years. The May target of one, 48-hour pulse of 7,000 cfs was met in 20%of the last 20 years. All monthly criteria were met during the same year in 10%of the last 20 years. 14P _..-------------- ..................._....._..__. SSP ._.—.._..._�... .._..-----.._._._......_..�.__.._—. --------... SSOP _ -.._.--------._. .........._._._......—_—_.._--_...•�..._—__.__.._.. .—._........_.....�.. .._..__..____..._.._....-----.._ 60 ao -- --- _.._.._..._...... .._ 20 P 7993 149+ Sq�1. 1+1#4 :911Y 7991 1699 WW 2P01 2DW mo ZX4 Z)M 2X% 2X17 M as11.1amh w A01 r.PA.V Figure 3. Assessment of potential water costs of green sturgeon target flows identified in the draft Feather River Biological Opinion based on analysis of 1993-2009 data by Paul Hutton of the Metropolitan Water District(K. Kules,personal communication). P 80 M 60 Y W V 0 40 0 ti A 20 Ion ca 0 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 Figure 4. Number of days per year during March through May where Feather River flow at Gridley exceeds 7,000 cfs. Flow data used for this onolysis were based on DWR data collected near Gridley at approximately river mile 51. Prescribed flows are to measured at the downstream end of the FERC boundary(river mile 54). 12 At least 10 days of flow exceeding 7,000 cfs from March through May were observed in almost half (45%) of the last 20 years (Figure 5). At least 20 and 60 days of flow exceeding 7,000 cfs from March through May were observed in 35% and 60% of the last 20 years, respectively. Peak flows frequently exceeded the 7,000 cfs criteria by a large measure (Figure 2). Peak daily flows as great as 86,000 cfs were observed (1995). Peaks of at least 200% of the criteria were observed in 9 of 20 years. Peaks of at least 300%of the criteria were observed in 6 of 20 years. 100 y 80 nz' CDa` 0 60 ' ,r CD +� 40 �s� w, 01 d 20 7. ` z i' 1 2 0 20 40 60 80 100 Mar-May days where flow exceeds 7,000 cfs Figure S. Frequency distribution of the percentage of years from 1990 to 2009 of the number of days during March through May where Feather River flow at Gridley exceeds 7,000 cfs. Identification of the flow effects on sturgeon in the Feather River is hampered by a fundamental lack of information. The incremental benefits of flow levels above or below 7,000 cfs on sturgeon migration and production in the Feather River are unknown. No empirical data exists on flow effects on abundance and productivity. Only anecdotal observation and expert opinion information is available on flows necessary to effectively pass green sturgeon past potential migration barriers. While migration and spawning has been correlated with flow at a gross level, the lack of specific quantitative monitoring data precludes any substantive analysis of benefits of small increases in flow magnitude or duration relative to extant conditions. The biological value of target flow measures remains speculative, particularly when considered in the context of normal annual variation in flow under current operations and the negligible current status of green sturgeon in the Feather River. 13 Research, Monitoring & Evaluation Strategy A much more comprehensive and rigorous research, monitoring and evaluation effort is needed to characterize the current status of green sturgeon in the Feather River and to identify appropriate conservation or restoration measures, particularly those related to stream flow. This proposal identifies a plan based on the following strategies: 2. immediately implement a comprehensive, tong-term research, research, monitoring and evaluation program to describe and quantify green sturgeon use of the Feather River. Rationale: The draft Oroville Biological Opinion recognized this need with a specific reasonable and prudent measure for developing and implementing a green sturgeon monitoring plan that includes tracking of adult presence, passage, spawning success, and production. Rare very-high flow conditions in 2011 provided an excellent research and monitoring opportunity that was missed due to delays in implementation of a comprehensive assessment program. 2. Monitor all sturgeon life stages including adult migration and residence, spawning, incubation, larval dispersal, and juvenile rearing. Rationale: Sampling of al/life stages is necessary to establish the significance of the Feather River to green sturgeon population viability. A sampling approach involving multiple methods would provide the greatest assurance of success. Effective methods will include a combination of telemetry, sonar, angling, egg mat, and larval sampling techniques. Telemetry and remote sensing methods, including acoustic tagging, sidescan sonar, and didson sonar, have been successfully applied to sturgeon assessments in other areas. 3. Employ a basic annual sampling effort supplemented with additional sampling in years of high sturgeon abundance. Rationale: Annual sampling will provide the replication needed in a statistically valid experimental design to distinguish (flow) treatment effects from normal annual variability and measurement error. The annual sampling approach also avoids logistical monitoring problems that would accompany a sporadic sampling effort predicated on the occurrence of target flows. A practical cost-effective approach will involve limiting some sampling activities to high flow years when significant numbers of green sturgeon are documented in the river. 4. Employ a phased design: first evaluating current conditions to establish reference baseline conditions and empirically testable hypotheses, and later testing appropriate experimental measures identified based on initial evaluations. Rationale: Current information is not sufficient to identify appropriate alternatives for conservation and restoration of this population. Given past sampling difficulties for green sturgeon in the Feather River, additional work is needed to establish effecting sampling 14 effort and protocols. A fundamental concern will be whether sampling methods are adequate to detect any level of sturgeon use if it occurs. Without some assurance that sampling methods will be adequate to accurately identify sturgeon use patterns in response to flow, it will be difficult to justify potentially costly flow measures intended to test for a flow response. if we are unable to sample sturgeon with enough precisions to detect significant differences, how will we know if flow measures are effective? Additional work is also need to characterize the current baseline to provide an effective control for future evaluations of alternative conservation and recovery measures. A key question to be determined prior to the implementation of flow measures or an experimental flow evaluation program will be what conditions are intended to be tested. If, in addition to evaluating flow effects on sturgeon use, the intent is also to test for the benefits of gravel augmentation, then an appropriate experimental design would involve before and after augmentation evaluations under a variety of flow conditions. However, in the long run flow benefits under current conditions may not be representative of benefits under the post gravel augmentation condition. In that case, conducting the experimental evaluation under post gravel augmentation conditions would be more informative regarding expected future benefits of any flow measures. 5. Conduct initial evaluations of the effect of flow volume and duration on green sturgeon attraction, migration,and production based on normal variation in flow. Rationale: An effective empirical analysis is a requisite for the identification of appropriate flow measures for green sturgeon. Experimental evaluations of flow effects on sturgeon attraction, migration, and production can effectively be conducted under current operations and additional flow measures are unnecessary. Why buy the cow if you can get the milk for free? Past patterns of wet and dry years indicate that a wide range of test conditions can reasonably be expected to occur over the 10-year duration of the interim period addressed by the RPMs. Current operations naturally result in a wide range of flow conditions including much larger peak flows and much longer high flow durations than those prescribed by sturgeon flow measures identified in the draft Opinion. This pattern provides a robust experimental sampling design for evaluations of flow effects on green sturgeon in the Feather River. The normal variation in flow provides the high degree of contrast (low vs. high flow) needed to identify statistically significant correlations between flow and use. Years with low flows provide a necessary experimental control for comparison with years of high flow. Flow effects can most effectively be distinguished by comparison with a low flow control condition. is 6. include no specific flow target measures for green sturgeon in the Feather River for the initial phase of the research, monitoring and evaluation program. Rationale: The primary objective of initial flow measures will be to provide test conditions for evaluation of sturgeon benefits. Biological benefits of target flow measures identified in the droft biological opinion are likely to be marginal relative to current conditions. Monitoring and research benefits are nil because a wide range of flow conditions are already provided under existing operations. At the same time, large costs of water requirements for implementing target flows reduce the resources available to implement a scientifically robust sampling program. Limited resources are better invested in the development of an effective research, monitoring, and evaluation program. 7. Identify contingencies for implementing experimental flow levels in the event that normal water year variation does not provide a suitable range of test conditions over the course of the 10-year evaluation period. Rationale: it is always possible that chance inter-annual variation in flows fails to provide sufficient contrast for empirical evaluations of flow effects on green sturgeon. Measures might be prescribed to trigger the implementation of target flow levels in the event that comparable conditions do not occur within, for instance, the next 5 year period. We anticipate that a variety of flow triggers might be contemplated with a range of associated water costs. One approach might be to simply call for implementation of the target flow/water year combinations currently identified in the draft Biological Opinion if desired water conditions do not occur naturally within a prescribed period. In this case, costs might be significant but would not exceed those otherwise consistent with immediate implementation of the draft Biological Flow targets for sturgeon. if the concept of implementing a phased evaluation of flow effects on Feather River sturgeon is potentially acceptable to the parties, then the next step would be to develop the implementation details and criteria. 8. Include focused evaluations of sturgeon passage at potential migration barriers including Shanghai Bench and Sunset Pumps. Rationale: It is unclear whether observed concentrations of sturgeon at Shanghai Bench and Sunset Pumps are due to impeded passage or represent a selection for favored habitats. If structures are barriers to migration, flow levels necessary to successfully pass sturgeon upstream are similarly unclear. Biop target flows of 7,000 cfs appear to exceed the 5,000- 5,500 cfs levels identified by NMFS (2009) as necessary to pass Shanghai Bench. Effective passage flows at Sunset Pumps have variously been reported from 2,500-3,000 cfs (NMFS 16 2009) to 9,998 cfs (DWR 2003).2 Focused evaluations can include sonar and telemetry studies in these areas. 9. Design Feather River research, monitoring and evaluation efforts to complement other green sturgeon research and monitoring activities in progress or planned for the Sacramento and Feather Rivers by other agencies and parties including the Department of Fish and Game, Bureau of Reclamation, University of California at Davis, and the U.S. Fish and Wildlife Service. Rationale: A variety of green sturgeon activities are in progress or in preparation. Implementing a Feather River research, monitoring, and evaluation program in close coordination with other related programs will maximize efficiency and effectiveness. For instance, acoustic togging and tracking studies will enable tracking of any tagged green sturgeon that enter the Feather River, and pilot sonar studies of green sturgeon distribution are planned in the Feather River under the AFRP program. 2 It should also be noted that the relative responsibility between Oroville operations and Sunset diversion operators for providing effective passage at Sunset Pumps is a policy rather than biological issue. 17 Work Plan Objective 1. Describe and quantify the movements, distribution, abundance, productivity and diversity of green sturgeon in the Feather River. Task 1.1. Identify spatial and temporal distribution, habitat use, and abundance of adult green sturgeon throughout the river from its confluence to the fish barrier dam using high-resolution imaging sonar(didson or blueview). Surveys of the entire river will be conducted by boat periodically throughout spring and summer. Sonars have proven to be very effective at locating and identifying sturgeon due to their large size. This method has currently been employed with great success in the Sacramento River. Recent tests in the Feather River have also confirmed its utility in those locations. Since the sonar is unable to distinguish white and green sturgeon, an underwater color video camera might also be used to assist with species identification when water clarity permits. Habitat characteristics and water quality will be identified at each site where sturgeon are observed. Task 1.2. Collect adult surgeon by angling in areas of concentration in order to identify genetic characteristics and sexual maturity, and to tag with acoustic tags for subsequent tracking. Genetic data from fin dips will help determine whether the green sturgeon using the Feather River are the same or different from those in the Sacramento River. Maturity information will identify if the fish is and adult spawner. Acoustic tags will allow subsequent distribution and movements to be monitored. These tags will be particularly important for identifying the location of spawning if it occurs. Acoustic tags will be surgically implanted to minimize tag loss rates and allow for multi-year serviceability. Fish will also be PIT tagged for long-term identification in the event of recapture. Angling will be conducted at any time between February and October when concentrations of fish suitable for providing reasonable catch per effort are identified and water temperatures are suitable for fish handling. (The critical value of the associated information far outweighs the negligible risk of interrupted spawning.) Task 1.3. Monitor distribution and movements of acoustically tagged adult green sturgeon using a combination of active tracking and receiver arrays operated annually throughout the river far salmon and steelhead. Over 30 fixed, automated receivers are currently distributed at intervals throughout the lower river. Acoustic tags are currently planted in about 200 green sturgeon from the southern DPS. The majority of these tags were placed on fish captured in the Sacramento-San Joaquin delta or in marine waters of 1$ bays along the coast. Adult green sturgeon are believed to undertake spawning migrations at 2 to 4 year intervals, and the vast majority of the acoustically- tagged fish are more likely to spawn in the Sacramento than the Feather River based on use patterns observed to date. Additional tags will be placed in green sturgeon captured in the feather River. Task 1.4. Use artificial substrates deployed in potential spawning locations to document the occurrence, timing and environmental or habitat conditions of spawning. Artificial substrates are widely used with great success to collect sturgeon eggs, including those of green sturgeon in the Sacramento River. This method was effectively utilized in 2011 to sample eggs at a spawning site in the afterbay outlet. Potential spawning sites will be identified based on physical characteristics of green sturgeon spawning sites in other areas and observations of concentrated or prolonged fish occurrence at specific sites. Task 1.5. Use a combination of D-ring nets, fyke nets, and a dedicated screw trap to sample for larvae and juveniles downstream from known or suspected spawning sites. This sampling will help determine whether eggs incubate and hatch successfully in the Feather River. These gears have proven effective in other areas. Screw traps are currently operated in the Feather River to sample juvenile salmonids but sampling sites are not effective for green sturgeon. A dedicated screw trap located downstream from the afterbay outlet might prove to be a more effective sampling option. Task 1.6. Evaluate the feasibility of using environmental DNA to evaluate the occurrence and distribution of green sturgeon and spawning sites. The use of environmental DNA (eDNA) as a tool for detection of species has been demonstrated in freshwater environments. The presence of cryptic species is ascertained by using molecular genetic assays to detect within water samples DNA that has been shed into the aquatic environment. The eDNA protocols are generally used to expand capabilities for investigating the presence, distribution, or containment of species, and have been shown to be more sensitive than traditional survey approaches (e.g., electrofishing, netting). Although advancements are continually being made to this method, eDNA has not yet proven effective at quantifying abundances of targeted species in the field. Overall, this method provides a mechanism for rapid reconnaissance and statistically defensible trend analysis for a cryptic or invasive species. 19 objective 2. Evaluate the effects of normal variation in river discharge on green sturgeon use of the Feather River. Task 2.1. Evaluate within-year effect of flow on distribution, movement and activity (including spawning)based on timing relative to low and high flow periods. Comparisons will also consider other environmental factors. Task 2.2. Evaluate among-year effect of flow (and other environmental factors) on abundance and productivity. Numbers and productivity of green sturgeon in the Feather River are typically expected to reflect the net result of multiple factors operating concurrently on sturgeon over the course of a year. Task 2.3. Evaluate effects of flow on passage at Shanghai Bench and Sunset Pumps with dedicated sampling efforts at those location at over a range of flow conditions. This work will involve focused sonar, telemetry, and angling efforts. Costs • Approximately$400,000 to $800,000 per year for a comprehensive program (sampling level varies depending on water year). • A portion of this cost and effort is currently being supported by the DWR. • This assumes no cost of water measures in the initial phase of the project. 20 m z O Ln � a 0 0 CL a LL to ns F, 0 ra 0 bn� txo ,a 1 a) LA 0 t Ln ba 0 as ai � L L a) a. n •C 'L -0 s -r- a a E +j 41 z u u a� to s N C OD m H u 4► L {Jcu (�} E 0 0 ° s :D CL a E 0 v ai a m E E °' m v, ao 1 c 0 r 'Q E nk 0 c m E o rvo E in Q E b aNi n m 0C F = a in References Beamesderfer, R., M. Simpson, G. Kopp, J. Inman, A. Fuller, and D. Demko. 2004. Historical and current information on green sturgeon occurrence in the Sacramento and San Joaquin rivers and tributaries. S.P. Cramer&Associates, Inc.44 pp. Bergman, P. S., J. Merz, and B. Rook. 2011. Green sturgeon observations at Daguerre Point Dam, Yuba River, CA. Memorandum from Cramer Fish Sciences to E. Campbell, U. S. Fish and Wildlife Service Anadromous Fish Restoration Program. DWR. 2002. Interim Report for SP-F3.2. Evaluation of project effects on non-salmonid fish in the feather River downstream of the Thermolito Diversion Dam. Oroville Facilities Relicensing, Project No. 2100. DWR. 2003. Final assessment of potential sturgeon passage impediments SP-F3.2 Task 3A. Oroville Facilities Relicensing FERC Project No. 2100. Surface Water Resources, Inc., Sacramento, CA. pp 27. Available at http://orovillerelicensing.water.ca.gov/pdf_docs/09- 24-03—e nv_att_11.p df. Mora, E. A., S. T. Lindley, D. L. Erickson, and A. P. Klimley. 2009. Do impassable dams and flow regulation constrain the distribution of green sturgeon in the Sacramento River, California? Journal of Applied Ichthyology 25:39-47. NMFS. 2009. Oroville Dam Draft Biological Opinion. July 2, 2009. Schaffter, R., and D. Kohlhorst. 2002. Final Report for Phase 2 Task 5: Determination of green sturgeon spawning habitats and their environmental conditions. California Department of Fish and Game in Cech et al. report to CALFED Bay Delta Program Seesholtz, A. 2003. Final assessment of sturgeon distribution and habitat use: SP-F3.2 Task 3A. Oroville facilities relicensing FERC Project No. 2100. California Department of Water Resources. Seesholtz, A. 2005. Sturgeon distribution and habitat use: addendum including other fishes in the lower Feather River: SP-F3.2 Task 3A. Oroville facilities relicensing FERC Project No. 2100. California Department of Water Resources. USFWS 1995. Working paper on restoration needs: Habitat restoration actions to double natural production of anadromous fish in the Central Valley of California, Vol. 2 and 3. USFWS, Stockton. 22 CERTIFICATE OF SERVICE I hereby certify that the foregoing document is being served upon each person designated on the official service list compiled by the Secretary in this proceeding. Dated at Washington,D.C.,this 16th day of July, 2015. Isl Lee A. Van Buiten Lee A. Van Buiten DM215960077.3