Monday, 06 May 2024

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LAKE COUNTY, Calif. – Hearings have been set for February in a case alleging that the California Department of Fish and Game is carrying out fish stocking programs around the North Coast, including Lake County, without the required permits.

In the suit, Del Norte County resident and outdoorsman Felice Pace and Missoula, Mont.-based Wilderness Watch challenge the Department of Fish and Game’s fish stocking practices in Lake, Del Norte and Humboldt counties.

The suit – which specifically names Department of Fish and Game Director Charlton H. Bonham and Stafford Lehr, Fish and Game’s fisheries division branch chief – was first filed in federal court in November, with an amended complaint filed Dec. 23, according to court records.

The state deputy attorney generals assigned to represent Bonham, Lehr and the Department of Fish and Game appeared in court on Dec. 21 in a hearing on the case.

A case management conference has been set for Feb. 8 in San Francisco, based on the most recent case filings.

The suit alleges that the Department of Fish and Game discharged, and continues to discharge, “fish by airplanes and canisters borne by packstock” into waters without first obtaining the required permits under the National Pollutant Discharge Elimination System of the Clean Water Act.

Court documents do not specifically state which water bodies in the three counties are affected.

“Plaintiffs seek declaratory relief that these discharges will continue to be illegal, and an injunction prohibiting such discharges unless and until Fish and Game possesses required permits,” the suit states.

Pace and Wilderness Watch also are seeking reasonable attorneys’ fees, costs, and other expenses under the Clean Water Act.

According to the suit, the plaintiffs notified the Department of Fish and Game in June of the alleged Clean Water Act violations.

“Fish stocking in these waters harms Mr. Pace by, among other things, altering the integrity of waters he enjoys, introducing fish that were historically not present, elevating fish populations to unnatural levels, and adversely affecting native wildlife,” court documents state.

Wilderness Watch has 1,050 members, some of whom reside in the affected counties, according to the suit.

The group’s members are harmed, the suit alleges, because of the fish stocking program “altering the integrity of waters they enjoy, introducing fish that were historically not present, elevating fish populations to unnatural levels, and adversely affecting native wildlife.”

Concerns about fish stocking cited in the suit including alteration of physical and biological integrity of lakes.

“Stocked fish alter nutrient cycling in lakes. Stocked fish alter algal production in lakes. Stocked fish consume tadpoles and other life stages of amphibians in lakes. Stocked fish may spread disease to amphibians,” the suit states. “Stocked fish attract snakes that then prey on amphibians. Stocked fish consume macroinvertebrates in lakes.”

In addition, “Stocked fish consume large-bodied zooplankton in lakes,” court documents state. “Diminished populations of large-bodied zooplankton affects the presence of phytoplankton in lakes. Stocked fish prey on or compete with populations of native fish. Collectively, these impacts result in major changes to lake food webs. The water used to release fish can harbor non-native species of aquatic plans, invertebrates, and fish that is introduced into the lake being stocked.”

Also on Dec. 21, the Attorney General’s Office, on behalf of Bonham, Lehr and the Department of Fish and Game, notified the court that several other similar actions about the fish stocking program – filed in Sacramento County Superior Court and in federal court – were under way.

Those cases involve the Center for Biological Diversity, Californians for Alternatives to Toxics – for which Wilderness Watch is a petitioner – and the California Association for Recreational Fishing.

The cases challenged the propriety of the Department of Fish and Game’s fish hatchery and stocking program as well as an environmental impact report prepared for the program.

The state court trial actions were decided in July and September, and in a September statement, the agency said that as a result of the ruling its stocking and hatchery programs had survived. However, appeals have since been filed in the cases.

“The complaint in this action alleges that a Clean Water Act permit is required for that activity,” the state’s Dec. 21 filing said.

It goes on to point out that Pace and Wilderness Watch have alleged that the department’s fish stocking program has adverse environmental impacts.

“To the extent that is at issue in this action, the Court should be mindful of the state court judgments on that issue. This may counsel this Court deferring any determination on that issue until those state court actions run their course,” the filing stated.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

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