July 18, 2011

Petition to Delist Coho Salmon presented by Siskiyou County Water Users Association

347 N. Main St.

Yreka, Ca. 96097

530 842-4400

Prepared By

Dr. Richard A. Gierak

Bachelors Degrees in Biology & Chemistry, Doctorate in the Healing Arts, Director of Interactive Citizens United, Director of New Frontiers Institute, Inc. Prior Participant of FERC and FPAT (Fish passage advisory team) and HET (Hatchery evaluation team) Prior Vice President of Greenhorn Action Grange, Prior California State Grange Spokesman for the Water Committee, Prior National Whip of the Property Rights Congress of America, Representative of the Grange States of California, Oregon, Washington and Idaho regarding EFH regulations, Science consultant to Siskiyou County Water Users Association.

Coho Salmon, Silver Salmon, Oncorhynchus kisutch...a salmonid which is a vertebrate fish

This petition refers to the listing of Coho Salmon in the Klamath Basin including the Klamath River, Trinity River and associated waterways that empty into the Klamath River.

Occupies the entire Pacific Coastal region is herein challenged. This petition specifically refers to Northern California and the present listing of Coho Salmon as endangered under the California Endangered Species Act on the Klamath River and the proposed Federal ESA listing of Coho Salmon..

Nature--Estuarine destruction--predation--over fishing--by catch--Ocean temperature--Climatic changes

There is no provision for listing a species that is not indigenous to the ESU. To this date there is no historical evidence indicating that Coho Salmon were ever indigenous to the Klamath Basin.

Within the Tribe’s jurisdiction between Bluff Creek and Clear Creek on the California portion of the Klamath River, which is approximately between 91 and 140 miles below the lowest slated dam, Iron Gate, for removal this statement is reflected for example, in the minutes of the Karuk Tribal Council Meeting of December 27, 2001: Discussion was held by the Tribal Council and whether or not they [Coho] were ever present in the main streams and tributaries… …“Council states it may be easier to prove the Coho were never present“, and also the comment was made that if they were never here, then “they should not be encouraged to come back.”. The tribe named the river the Klamath, which translated means “Stinky River” and would not support salmon.

(CFGC 1913) , W. H. Shebley, Superintendent of Hatcheries, writes “Strange as it may appear, the presence of the silver [Coho] salmon in the waters of this State remained unnoticed until Dr. Gilbert, Prof. of Zoology at Stanford University, a few seasons ago called attention to them. Heretofore, all the salmon taken in our rivers have been commercially classed as Quinnat [chinook]”. Any reported Coho were as a result of plantings in the Klamath River in 1895 and 1899. “Most of the salmon and steelhead eggs were taken at the [Redwood Creek] substation, as there was no run of either kind of Salmon in the Trinity River“.

Quotes; “The earliest record of Coho salmon being stocked in the Klamath Basin was of a plant made in 1895. Further examination of the original records from the U.S. Commission on Fish and Fisheries (1895) revealed those fish were raised in the Ft. Gaston facility in Hoopa and were stocked in the Trinity River and in Supply Creek, a tributary to the Trinity River. Those fish were reared from eggs taken at a facility in Redwood Creek… and also from eggs shipped from another facility not identified in the report (but were likely from out of the basin).”

“Coho were recorded in 1936 and 1981 from streams in northern San Francisco Bay (Marin County) (Brown and Moyle 1991)”.(Peter Moyle is a warm water inland fish person, not an anadromous trained or studied person) This was most likely as a result of multiple plantings in California Rivers by Fish and Game with the earliest plantings in 1895 and 1899 followed by massive plantings in the 1960‘s and 1980‘s. “Historically, Coho were reported from streams as far south as the Santa Ynez River (Santa Barbara County) (Bryant 1994)”, Once again these are most likely as a result of the massive plantings in the 1960’s and 1980’s in Northern California. “With respect to the San Francisco Bay, no Coho populations are known to spawn in streams emptying into the bay. Although there are no historical records indicating spawning populations on the bayside of San Mateo County, Coho were recorded in 1936 and 1981 from streams in northern San Francisco Bay (Marin County) (Brown and Moyle 1991)”. Plantings of Coho in Northern California rivers in 1895, 1899 and the 1960’s and 1980’s are indicative of the source of these recorded sightings considering their genetic signature is that of Coho Salmon from Cascadia, Oregon.

Explorers noted when first visiting the Upper Klamath Basin that water quality was so undesirable that even their riding horses and pack animals would not drink let alone support salmon populations.

Respectfully Submitted;

Leo Bergeron

SCWUA President

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PRESS RELEASE

June 23, 2011

Siskiyou County Water Users Association has submitted a second Coho delisting petition to delist Coho Salmon in the Klamath Basin based on the following parameters.

1. There is no historical evidence that Coho Salmon were ever indigenous to the Klamath Basin.

2. The Karuk tribal Council meeting of Dec. 27, 2001 indicated that Coho Salmon were never in the Klamath River and they should not try to bring them back.

3. In a 1913 California Fish & Game Commission report indicated there were no run of either kind of Salmon in the Trinity River even after Coho were planted in 1895 and 1899.

4. There is no provision in the Federal Endangered Species Act for listing a non- indigenous species.

5. California ESA and NMFS are in violation of the Endangered Species Act by listing Coho Salmon which is unlawful, arbitrary and capricious.

6. U.S. Fish & Wildlife service are in violation of their mandates which are restricted to freshwater species only. By being involved in the KBRA and KHSA regarding a saltwater species, ie: Salmon, their actions are unlawful, arbitrary and capricious.

7. Based on these historical records and the violation of the Federal Endangered Species Act Coho Salmon must be removed from the endangered list in California.

Respectfully submitted;

Leo Bergeron

SCWUA president