HomeMy WebLinkAbout11.5.24 Board Correspondence - FW_ Government Agency Submittal submitted in FERC P-2100-000,et al. by NOAA Fisheries West Coast Region,et al.From:Clerk of the Board
To:Bennett, Robin; Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Lee, Lewis; Pickett,
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Subject:Board Correspondence - FW: Government Agency Submittal submitted in FERC P-2100-000,et al. by NOAA Fisheries West Coast Region,et al.
Date:Tuesday, November 5, 2024 4:24:18 PM
Please see Board Correspondence -
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Subject: Government Agency Submittal submitted in FERC P-2100-000,et al. by NOAA Fisheries West Coast Region,et al.
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On 11/5/2024, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.:
Filer: NOAA Fisheries West Coast Region
NOAA Fisheries Service, West Coast Region (as Agent)
Docket(s): P-2100-000
P-2107-000
P-2105-000
Lead Applicant: California Department of Water Resources
Filing Type: Government Agency Submittal
Description: Comments of U.S. National Oceanic and Atmospheric Administration, National Marine Fisheries Service, West Coast Region re the Oroville
Hydroelectric Project, et al. under P-2100, et al.
To view the document for this Filing, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20241105-
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November 5, 2024
Debbie-Anne A. Reese, Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, D.C. 20426
Re: NOAA’s National Marine Fisheries Service’s Request for License Issuance- Oroville
Hydroelectric Project (P-2100)
Dear Secretary Reese,
On December 5, 2016, NOAA’s National Marine Fisheries Service (NMFS) filed the
Endangered Species Act (ESA) Section 7(a)(2) Biological Opinion for the Oroville
Hydroelectric Project (FERC Project No. 2100). This document analyzed the effects of the
Federal Energy Regulatory Commission’s (FERC) proposed relicensing of the Oroville
facilities on federally listed anadromous species. In the years since, the status of anadromous
salmon and steelhead in the Feather and Sacramento Rivers has dramatically declined. In fact,
the status of spring-run is such that emergency and intervention measures have been deployed
to preserve genetic broodstock, highlighting the urgent need for conservation measures. We
request that FERC imminently issue new hydropower licenses for the Oroville Project, as well
as the Upper North Fork Feather (P-2107) Project, so the licensees can implement critical
conservation measures for federally listed salmon and steelhead.
The Central Valley (CV) spring-run Chinook salmon Evolutionarily Significant Unit (ESU)
was listed as threatened under the ESA in 1999, a status reaffirmed in 2005 with the inclusion
of the Feather River Fish Hatchery population. A 5-year status review in 2016 recommended
that CV spring-run Chinook salmon remain listed as threatened. CV spring-run Chinook
salmon and their designated critical habitat are both currently present in the Feather River.
The viability of CV spring-run Chinook salmon has significantly declined since the 2016
NMFS status review. The estimated adult population in the Sacramento River watershed
dropped to 26,553 in 2019, roughly half of the 2014 population size. The Feather River is
currently the only abundant population of spring-run Chinook salmon in the ESU.
In 1998, NMFS listed California Central Valley (CCV) steelhead as a threatened species
under the ESA. After re-evaluating the species in 2016, NMFS determined that CCV
steelhead should remain listed as threatened. According to a 2023 assessment by NMFS’
Southwest Fisheries Science Center, the viability of CCV steelhead remains unchanged since
2016 (Johnson et al. 2023). Historically widespread throughout the Sacramento River basin,
CCV steelhead habitat has declined from 6,000 to 300 linear miles of stream habitat.
NMFS’ 2014 Recovery Plan for the Evolutionary Significant Units of Sacramento River
Winter-run Chinook Salmon and CV Spring-run Chinook Salmon and the Distinct Population
Segment of CCV steelhead (NMFS 2014) outlined priority actions in the Feather River that
Document Accession #: 20241105-5099 Filed Date: 11/05/2024
would lead to recovery and delisting of the species:
run Chinook salmon naturally spawning in the Feather River.
spring-run Chinook salmon, steelhead, and fall-run Chinook salmon hatchery
implement an augmentation plan in the Feather River.
improve steelhead spawning habitat availability and quality.
and steelhead as conservation hatchery programs, and develop criteria and a
projects that promote natural river processes (e.g., floodplain and riparian
restoration). Federal, State, and local agencies should use their authorities to
develop and implement programs and projects that focus on retaining,
restoring and creating active floodplain and riparian corridors within their
Feather River to minimize predatory opportunities for striped bass and other
criteria to provide suitable water temperatures for all life stages, reduce
stranding and isolation, protect incubating eggs from being dewatered, and
Many of the priority recovery actions listed above will be implemented through the new
FERC license, 2006 Oroville Settlement Agreement, and the 2011 Amended Habitat
Expansion Agreement (HEA). However, in order for the conservation measures outlined in
these agreements to move forward, FERC must first issue a new hydropower license for this
facility.
NMFS, the California Department of Water Resources, and the California Department of Fish
and Wildlife coordinate for the management of Oroville Reservoir resources and the Feather
River Fish Hatchery. The balance of decisions regarding hatchery operations, listed species
protections, and Feather River flows are complicated, especially in the face of drought,
thiamine deficiency complex, infrastructure repairs, and other stressors. We continue to
collaborate despite the absence of a FERC license, but the delay in license issuance has
created operational challenges in recent years.
Different interpretations of the prevailing regulatory criteria introduce confusion in taking
actions for species protections. Specifically, the minimum flow and temperature requirements
for the Low Flow Channel outlined in NMFS’ 2016 Biological Opinion are intended to meet
Document Accession #: 20241105-5099 Filed Date: 11/05/2024
the needs of anadromous fish in the Feather River. The Biological Opinion also includes a
suite of alternative actions to be implemented in the event that those requirements cannot be
met. Until a new license is issued, there are limited tools available for minimizing impacts
associated with operations and improving conditions for anadromous fish in the Feather
River. This was evident during summer of 2024 when a severe columnaris outbreak preceded
significant pre-spawn mortality in returning adult CV spring-run Chinook salmon. The
primary mitigation measure recommended for reducing the transmission of columnaris is to
increase flows and decrease water temperatures. While measures were taken to address the
issue once mortality levels were elevated, we expect that the minimum flow and temperature
requirements of the 2016 Biological Opinion, if implemented, would have reduced overall
mortality levels associated with the columnaris outbreak.
NMFS requests that FERC issue the license for the Oroville Project to provide the complete
regulatory framework for all agencies to protect Feather River salmon and steelhead. FERC
has completed the National Environmental Policy Act process, received a Clean Water Act
Section 401 Certification from the California State Water Resources Control Board, and
completed an ESA Section 7 consultation with NMFS. We offer our technical assistance to
help FERC obtain any additional information you may need to issue a license for the Oroville
Project.
Please contact Tom Holley, at the NMFS California Central Valley Office, at
Thomas.Holley@noaa.gov, or (916) 930-5592, if you have any questions concerning this letter or
if you require additional information.
Sincerely,
Steve Edmondson
FERC Hydropower Branch Supervisor
NMFS, WCR, Sacramento Area Office
cc: FERC Service Lists for P-2100, P-2107, P-2105
Document Accession #: 20241105-5099 Filed Date: 11/05/2024
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Oroville ) Project No. P-2100
Upper North Fork Feather River ) Project No. P-2105
CERTIFICATE OF SERVICE
I hereby certify that I have this day served, by first class mail or electronic mail, a letter to
Secretary Bose of the Federal Energy Regulatory Commission (Commission) containing the U.S.
Department of Commerce’s, National Marine Fisheries Service’s, West Coast Region’s, request
for license issuance for the above Projects, and this Certificate of Service upon each person
designated on the official service lists compiled by the Commission in the above-captioned
proceedings.
Dated this 5th day of November, 2024
Thomas Holley
650 Capitol Mall Suite 5-100
Sacramento, CA 95814
(916) 930-5592
Document Accession #: 20241105-5099 Filed Date: 11/05/2024
Document Content(s)
NMFS_Request_for_Oroville_License_Issuance_110524.pdf ....................1
Document Accession #: 20241105-5099 Filed Date: 11/05/2024