Table Of Content.
ENDANGERED SPECIES ACT REAUTHORIZATION—
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WOODUND
Y 4. n 53: 103-38
IING
Endangered Species Act Reauthorizat.
. THE
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SUBCOMMITTEE ON ENVIEONMENT
AND NATURAL RESOURCES
OF THE
COMMITTEE ON
MERCHANT MARINE AND FISHERIES
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
ON
IMPLEMENTATION OF THE ENDANGERED SPECIES ACT
IN CALIFORNIA
JULY 1993—WOODLAND, CALIFORNIA
7,
Serial No. 103-38
Printed for the use of the Committee on Merchant Marine and Fisheries
CfC?
^ ©93
^^^^'^sa,
ENDANGERED SPECIES ACT REAUTHORIZATION-
WOODLAND
HEARING
BEFORE THE
SUBCOMMITTEE ON ENVIEONMENT
AND NATUEAL EESOUECES
OF THE
COMMITTEE ON
MERCHANT MAEINE AND FISHERIES
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
ON
IMPLEMENTATION OF THE ENDANGERED SPECIES ACT
IN CALIFORNIA
JULY 1993—WOODLAND, CALIFORNIA
7,
Serial No. 103-38
Printed for the use of the Committee on Merchant Marine and Fisheries
U.S. GOVERNMENT PRINTING OFFICE
72-365±5 WASHINGTON : 1993
Forsaleby the U.S. GovernmentPrintingOffice
Suf)erintendentofDocuments,Congressional SalesOffice,Washington, DC 20402
ISBN 0-16-041605-1
COMMITTEE ON MERCHANT MARINE AND FISHERIES
GERRY E. STUDDS, Massachusetts. Chairman
WILLIAM J. HUGHES, New Jersey JACK FIELDS. Texas
EARL HUTTO, Florida DON YOUNG, Alaska
W.J. (BILLY) TAUZIN, Louisiana HERBERT H. BATEMAN, Virginia
WILLIAM O. LIPINSKI, Illinois JIM SAXTON, New Jersey
SOLOMON P. ORTIZ, Texas HOWARD COBLE, North Carolina
THOMAS J. MANTON, New York CURT WELDON. Pennsylvania
OWEN B. PICKETT, Virginia JAMES M. INHOFE. Oklahoma
GEORGE J. HOCHBRUECKNER. New York ARTHUR RAVENEL, Jr.. South Carolina
FRANK PALLONE, Jr., New Jersey WAYNE T. GILCHREST, Maryland
GREG LAUGHLIN. Texas RANDY "DUKE" CUNNINGHAM, California
JOLENE UNSOELD, Washington JACK KINGSTON, Georgia
GENE TAYLOR, Mississippi TILLIE K FOWLER. Florida
JACK REED, Rhode Island MICHAEL N CASTLE. Delaware
H. MARTIN LANCASTER, North Carolina PETER T KING, New York
THOMAS H ANDREWS, Maine LINCOLN DIAZ-BALART, Florida
ELIZABETH FURSE. Oregon RICHARD W. POMBO, California
LYNN SCHENK. California HELEN DELICH BENTLEY, Maryland
GENE GREEN, Texas CHARLES H. TAYLOR, North Carolina
ALCEE L. HASTINGS. Florida PETER G. TORKILDSEN, Massachusetts
DAN HAMBURG,
California
BLANCHE M. LAMBERT, Arkansas
ANNA G. ESHOO, California
THOMAS J. BARLOW, III, Kentucky
BART STUPAK, Michigan
BENNIE G. THOMPSON. Mississippi
MARIA CANTWELL. Washington
PETER DEUTSCH. Florida
GARY L. ACKERMAN. New York
JEFFRry R. Pike. Staff Director
WiLUAM W. Stelu:. Jr..Chief Counsel
Mary J. Fusco KiTSoe, Chief Clerk
Harry F. Burroughs, Minority Staff Director
Subcommittee on Environment and Natural Resources
GERRY E. STUDDS. Massachusetts, Chairman
GEORGE J HOCHBRUECKNER, New York JIM SAXTON. New Jersey
FRANK PALLONE. Jr., New Jersey DON YOUNG, Alaska
GREG LAUGHLIN, Texas CURT WELDON, Pennsylvania
JOLENE UNSOELD, Washington ARTHUR RAVENEL, Jr., South Carolina
JACK REED, Rhode Island WAYNE T. GILCHREST, Maryland
ELIZABETH FURSE. Oregon RANDY "DUKE" CUNNINGHAM, California
DAN HAMBURG. California MICHAEL N. CASTLE. Delaware
BLANCHE M. LAMBERT, Arkansas CHARLES H. TAYLOR. North Carolina
ANNA G. ESHOO. California JACK FIELDS. Texas (ExOfficio)
EARL HUTTO. Florida
W.J. (BILLY) TAUZIN, Louisiana
SOLOMON P. ORTIZ, Texas
BENNIE G. THOMPSON, Mississippi
Daniel Ashe. Professional Staff
Karen Steuer, Professional Staff
GiNA Deferrari, Professional Staff
Laurel Bryant, Minority Professional Staff
(II)
CONTENTS
Paffe
Hearing held July 7, 1993 i
Statement
of:
Behar, David, Executive Director, The Bay Institute ofSan Francisco 27
Prepared statement
Ig4
Bingham, Nathaniel S., Habitat Coordinator, PacificCoMfFederation
I'lshermen s Associations, Inc o^^ 24
Prepared statement
228
^^^^^^'J^^^' Assistant Regional Directo'r,"c^ornia'm
The Wilderness Society
72
Prepared statement
283
Condit, Hon. Gary A., a U.S. Representeti've from Califom^^^^
statement *^ o^
Cunningham, Hon. Randy, a U.S. ReprMentative from Califo 4
Domenigoni, Cindy Chair, Endangered Species Committee, California
rarm Bureau Federation eg
Prepared statement .."!.."."!!..".."!!. 255
Dooley, Hon. Calvin, a U.S. Representative from Cajifornia 8
Fazio, Hon. Vic, a U.S. Representative from California 3
Prepared statement
gQ
Fields, Hon. Jack, a U.S. Representative fromTexasi'anjR^nkiiigl^^^
ity Member, Committee on Merchant Marine and Fisheries 5
Flonan, Monica, Senior Vice President, The Irvine Company 48
Prepared statement "' 211
Gibbons, Boyd, Director, California Department of F^h and Game " 46
Prepared statement
207
Graff, Thomas J., Esq., Senior Attorney, Environmenitai Defense Fund 33
Prepared statement
J9Y
H^l, Stephen K., Executive Director, Association" ofCalifomi'a'v^^^^
r\.g6nC16S QQ
Prepared statement
".."..".."..."..!".l"".."!..... 189
Hamburg, Hon. Dan, a U.S. Representative from Caiiforriia 6
Merger Hon. Wally, a U.S. Representative from California 10
Kennedy, David N., Director, California Department of Water Resources 18
Prepared statement
92
Moyle, Dr Peter Briggs, Department of wiidi'ife'^dF^heriesBi^^^^^
University ofCalifornia
'''"''"'"'. 20
Prepared statement
102
Murphy, Dr. Dennis, Director, Center for Consei^ation Biology.. 58
Prepared statement
263
Pombo, Hon. Richard, a U.S. Representative from Cgdifoniia 7
bcarborough, Karen, Chairman, Multiple Species Conservation Program
Working Group ^ r^
Prepared statement
""."."!!!!!."!!!!!!.."!."!."."!!."!..." 245
Silver, Dan, Coordinator, Endangered Habitats Le^e!!.".. 52
Prepared statement
240
Somach, Stuart L., Esq., De Cuir & Somach, P.c!.!. 22
Prepared statement Uj
Studds, Hon. Gerry E., a U.S. Representative from'Mass'achusettsr'a^^^
Chairman, Subcommittee on Environment and Natural Resources 1
Prepared statement
2
Sutton, Susan A., President, Family Waiter Aiiiance"!!.....".... 29
Prepared statement
174
(III)
IV
— Page
Statement of Continued
Taylor, Robert J., Director of Wildlife Ecology, California Forestry Asso-
ciation 70
Prepared statement
277
Thatch, Gregory D., Esq., Gregory D. Thatch Law offices"."!!!!!!!."!."..."!.".."!]."!! 50
Prepared statement 222
Tumquist, Lawrence C, President, Westlands Water District!!!!!!!!!!!!!!!!!!!!!!! 26
Prepared statement
148
Wilson, Pete, Governor ofCalifornia !!!!!!!!!!!!!!! 12
Prepared statement
gg
Yeates, Bill, Esq., Law Offices of Remy and Thomas 60
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Prepared statement 267
Additional material supplied:
Angermeier, Paul L. and Jack E. Williams (American Fisheries Society):
Conservation of Imperiled Species and Reauthorization of the Endan-
gered Species Act of 1973 427
Black, Michael, Ph.D. (Center for Technology Studies): Recounting a Cen-
tury of Failed Fishery Policy Toward California's Sacramento River
Salmon and Steelhead 319
California Native Plant Society: The Endangered Species Act: Safety Net
of Last Resort 345
Cities of San Diego and Carlsbad, County of San Diego, San Diego Asso^
ciation of Governments and other associations: Preserving Our Natural
Environment—A Joint Plan for the San Diego Region 352
Clark, Robert D. (Glenn-Colusa Irrigation District): Testimony on reau-
thorization of the Endangered Species Act 332
Clark, Thomas N. (Kern (Jounty Water Agency): Testimony on reauthor-
ization of the Endangered Species Act 288
Crawford, Richard (Sierra Club Yolano Group): Re-authorizing the Endan-
gered Species Act 364
Diringer, Elliot (San Francisco Chronicle): Key Official Quits Bay-Delta
Panel, Blasts Wilson 447
Domenigoni, Cindy (Endangered Species Committee, California Farm
Bureau Federation):
Impacts of the Endangered Species Act on the Domenigoni Family
Ranch 258
Farm Bureau News, July 27. 1992: Species law ties farm and ranch
families in red tape 260
Riverside County Farm Bureau: Making a better law: Rea!l changes
for the reauthorization of the Endangered Species Act 261
Gaffin, John M. (Environmental Protection Information Center, Inc.):
Testimony on reauthorization of the Endangered Species Act 358
Movie, Dr. Peter Briggs (Department of Wildlife and Fisheries Biology,
University of California): The Fazio reforms of the Endangered Species
A
Act: response 107
Nationwide Public Projects Coalition: Testimony on reauthorization of
the Endangered Species Act 369
Palmer, Mark J. (Mountain Lion Foundation): Testimony on reauthoriza-
tion ofthe Endangered Species Act 309
Pollack, Jacob F. (California Coalition for Endangered Species): Testimo-
ny on reauthorization of the Endangered Species Act 315
Schooley, David (Bay Area Land Watch): Perspective on California's expe-
rience with Habitat Conservation Plans (HCPs) 323
Smith, Felix E.: Testimony on reauthorization of the Endangered Species
Act 336
Tumquist, Lawrence C. (Westlands Water District): Newspaper articles
from The Fresno Bee 349
Communications submitted:
Agricultural Council of California et al: Letter of July 7, 1993, to Hon.
Gerry E. Studds 388
CTM
C.C. Myers, Inc., Construction, Inc., Buz Gates Enterprises H, Clif-
ford Land Associates, Inc., and the SARES Company of Northern Cali-
fornia: Memo of August 9, 1993, to Hon. (jerry E. Studds re Proposals
for Amendment of the Federal Endangered Species Act 453
Cooper, Justin: Letter ofJuly 28 to Hon. Gerry E. Studds 405
Cronan, Timothy M. (Sacramento Metropolitan Chamber of Commerce):
Letter ofAugust 4, 1993, to Hon. Gerry E. Studds 417
Page
—
Communications submitted Continued
Dooley, Hon. Calvin M. (a U.S. Representative from California): Letter of
July 21, 1993, to Dr. Peter Briggs Moyle 372
Frederiksen, Lee (Borcalli & Associates, Inc.): Letter of July 21, 1993, to
Hon. Gerry E. Studds 439
Gano, Harold (Olivenhain Municipal Water District): Letter of July 7,
1993, to Hon. Gerry E. Studds 443
Georgiades, Thaleia (Real estate broker): Letter of July 5, 1993, to Hon.
Gerry E. Studds 448
Goeden, Joseph M. (City ofWest Sacramento): Letter of August 5, 1993, to
Hon. Gerry E. Studds 450
Graff, Thomas (Environmental Defense Fund): Letter of July 8, 1993, to
Hon. Gerry E. Studds 445
Granite Construction Company: Letter of August 6, 1993 to Hon. Gerry E.
Studds 434
Hirata, Henry M. (County of San Joaquin): Letter of August 5, 1993, to
Hon. Gerry E. Studds 423
Kammerer, George T. (Hefner, Stark & Marios): Letter of August 4, 1993,
to Hon. Gerry E. Studds 395
Leathers, Tim (Reclamation District 108): Letter of July 28, 1993, to Hon.
Gerry E. Studds 432
Lee, Thomas L. (The Newhall Land and Farming Company): Letter plus
attached comments ofAugust 6, 1993, to Hon. Gerry E. Studds 409
Moyle, Dr. Peter Briggs (Department of Wildlife and Fisheries Biology,
University of California): Letter of August 3, 1993, to Hon. Calvin M.
Dooley 374
:
National Association of Conservation Districts: Testimony on reauthoriza-
tion ofthe Endangered Species Act 384
Plenert, Marvin L. (United States Department of the Interior, Fish and
WUdlife Service): Letter of March 31, 1993, to Dr. Peter B. Moyle 379
Pombo, Ernest (San Joaquin County Resource Conservation District):
Letter of August 5, 1993, to Hon. Gerry E. Studds 383
Salzman, Barbara (Marin Audubon Society): Letter of August 3, 1993, to
Hon. Gerry E. Studds 437
Sletteland, Tryg (Sacramento River Council): Letter of August 6, 1993, to
Hon. Gerry E. Studds 425
Strieker, Fran (Animal Protection Institute): Letter of August 5, 1993, to
Hon. Gerry E. Studds 419
Terpstra, Thomas H. (Neumiller & Beardslee): Letter of August 5, 1993,
to Hon. Gerry E. Studds 421
ENDANGERED SPECIES ACT
REAUTHORIZATION—WOODLAND
WEDNESDAY, JULY
7, 1993
House of Representatives, Subcommittee on Environ-
ment AND Natural Resources, Committee on Mer-
chant Marine and Fisheries,
Woodland, California
The Subcommittee met, pursuant to notice, at 9:30 a.m. at Waite
Hall, Yolo County Fairgrounds, Woodland, California, the Honora-
ble Gerry E. Studds, [Chairman] presiding.
Present: Representatives Studds, Cunningham, Dooley, Fazio,
Hamburg, Herger, and Pombo.
Staff present: Jeffrey Pike, Gina Deferrari, Laurel Bryant, Tom
Melius, and Marvadell Zeeb.
OPENING STATEMENT OF THE HON. GERRY STUDDS, A
E. U.S.
REPRESENTATIVE FROM MASSACHUSETTS, AND CHAIRMAN,
SUBCOMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
Mr. Studds. The Subcommittee will come to order in this mag-
nificent place. We meet this morning to discuss the implementa-
tion of the Endangered Species Act in the State of California.
And let me just start with a procedural observation; we have the
distinguished Governor of the State with us followed by three siza-
ble panels. It is going to be a challenge, logistically, to get through
the morning and give everybody an opportunity to say their piece
and to allow members of the Committee and those joining us as
guests an opportunity to question the witnesses.
We have a barbaric system in Washington, we have many of
them, and one of the ones we have brought with us is represented
by these three lights here.
Governor, this will not apply to you but it will apply to every-
body else.
Each witness is going to be asked, with the exception of the Gov-
ernor, to confine their oral presentation to no more than five min-
utes; their written presentation, if extensive and footnoted and
scholarly and of much greater length, will appear in its entirety in
the record, and historians will never know you did not utter every
word of it. But we are going to ask, for reasons of necessity, for ev-
erybody to confine their oral presentation to five minutes.
When the yellow light goes on, it means you have one minute
left; and when the red light goes on, it means you have completed
your statement. I am going to try to set an example by dispensing
(1)
with my opening statement. We will give all members an opportu-
nity to make a brief opening statement.
This is not the institution, Governor, with which you are famil-
iar; we are used to operating under time limits here so we are a
little more able to abide by the lights.
Let me just say that, if there is any place in the Nation that it is
appropriate to hold a field hearing on the implementation of this
Act, it is the State of California, where you have more of so many
things than most of the country including an absolutely unaccount-
able number of Members of the House of Representatives. But you
also have more than one in eight endangered species in the United
States and you have some of the most colorful of the conflicts that
have arisen with regard to the implementation of the Act.
As I said, as a gesture of humanity and, hopefully, an example, I
will dispense with my written statement.
Let me just say that I have observed in the room two generic
kinds of buttons. One says "Support the ESA" and the other says
"People Matter." If we do our work right, at the end of this process
and hop)efully by the end of this year, most of you will probably be
supporting both buttons. Let's just see if we can do that.
[The prepared statement of Mr. Studds follows:]
Statement of Hon. Gerry E. Studds, a U.S. Representative from Massachusetts,
AND Chairman, Subcommittee on Environment and Natural Resources
The Subcommittee meets this morning to discuss the implementation of the En-
dangered Species Act in California.
More than one in eight endangered and threatened species in the United States
are found here, as is every variety of endangered species-related conflict.
When it comes to the ESA, California is a State of "firsts". The first Habitat Con-
servation Plan was prepared in California to protect the Mission Blue Butterfly
near San Francisco. California was among the few States to use the concept of "ex-
perimental" p>opulations by introducing sea otters to the waters of southern Califor-
nia. And California is the first State to try to mesh comprehensive ecosystem man-
tigement with the ESA requirements for protecting listed species.
California is also home to some very well known controversies. The sf>otted owl's
habitat dips down into the State, and the painful decisions on old-growth forest
management that have been put off far too long will be felt here just as severely as
in the Pacific Northwest. Protection of endangered fish in the Sacramento River
and Delta promises to compound your already emotionally and politically charged
water allocation issues. Real estate developers in southern California have found
that the best land remaining for development is also the best land for the small
gnatcatcher that is threatened with extinction. And as the gnatcatcher goes, so go a
host of other species.
The California experience presents the Subcommittee with a—valuable opportunity
to review, through concrete examples, how the Act is working and to hear recom-
mendations on how it can be improved from those who are directly affected.
But it hasn't all been conflicts. California also has some notable success stories.
The gray whale population has doubled since its listing as an endangered species,
and delisting was formally proposed in November 1991. The Aleutian Cemada goose
has increased in numbers and was reclassified from endangered to threatened due
in part to the protection of wintering habitat in California. Success stories like these
are our goal.
Tod—ay we will hear from three panels of witnesses. The first will discuss water
issues how we can equitably provide water for fish, for farmers, and for cities. The
second panel will discuss land development as it affects endangered species and as it
is affected by the Endangered Species Act. And the third panel will talk about for-
estry issues.
It is my hope that the testimony we hear today will help us craft a strong and
workable reauthorization bill that will yield many more success stories in the years
to come.
