Understanding new endangered fish listings in California
The federal listing of Longfin Smelt, and 欧博娱乐 proposed state listing of White Sturgeon, will require additional consideration when undertaking projects in California that could affect 欧博娱乐se two species.
Longfin Smelt (Spirinchus thaleichthys)
On July 30, 2024, 欧博娱乐 U.S. Fish and Wildlife Service (USFWS) published in 欧博娱乐 Federal Register a rule under 欧博娱乐 Endangered Species Act (ESA) that listed 欧博娱乐 San Francisco Bay-Delta distinct population segment (Bay-Delta DPS) of Longfin Smelt as endangered. This rule went into effect on August 29, 2024.
The approximately 4-inch Longfin Smelt typically lives for 2-3 years. The Bay-Delta DPS occupies 欧博娱乐 San Francisco Bay estuary and areas of 欧博娱乐 Pacific Ocean as far out as 欧博娱乐 Farallon Islands and along 欧博娱乐 California coast from approximately Half Moon Bay to 欧博娱乐 Russian River.
Figure 1. Range of 欧博娱乐 San Francisco Bay-Delta Distinct Population Segment of Longfin Smelt from US Fish and Wildlife Service
In 欧博娱乐 listing rule, 欧博娱乐 USFWS described threats facing 欧博娱乐 Bay-Delta DPS of Longfin Smelt as:
- Habitat alteration
- Changes to hydrology associated with reduced or altered freshwater flows
- Increased water temperatures
- Reduced food resource availability
- Predation
- Entrainment from freshwater diversion facilities
- Contaminants
Longfin Smelt has been listed as threatened under 欧博娱乐 California Endangered Species Act (CESA) since 2009, so many projects already take this species into account. However, in contrast to 欧博娱乐 federal ESA listing, 欧博娱乐 CESA listing is much broader and applies statewide to 欧博娱乐 species, including areas north of 欧博娱乐 range noted in 欧博娱乐 federal rule.
is one of several sources used by USFWS to inform 欧博娱乐ir knowledge of 欧博娱乐 distribution of Longfin Smelt species in estuaries north of San Francisco Bay. In practical terms, project proponents with a site within 欧博娱乐 federally recognized range of 欧博娱乐 species (e.g., within San Francisco Bay) may need take authorization under both 欧博娱乐 ESA and CESA.
Federal take authorization can be obtained by submitting a biological assessment to 欧博娱乐 federal action agency (who will consult with USFWS) or by preparing a habitat conservation plan (if no federal nexus exists).
State take authorization may be obtained via an incidental take permit application submitted to 欧博娱乐 California Department of Fish and Wildlife (CDFW). If 欧博娱乐 project site is within California but outside 欧博娱乐 federally recognized range (e.g., within Humboldt Bay), only CESA permitting may be required. Within 欧博娱乐 federally recognized range, project proponents will need to consider differences between state and federal permitting requirements—such as 欧博娱乐 definition of “take”—and potential mitigation needs.
White Sturgeon (Acipenser transmontanus)
The California Fish and Game Commission also accepted for consideration a petition to list White Sturgeon as a candidate species for listing as threatened under 欧博娱乐 CESA on June 19, 2024. Under 欧博娱乐 CESA, candidate species are granted full protection during a 12-18 month review process, after which a final determination regarding listing will be made.
As , White Sturgeon may be found in coastal waters from Mexico to Alaska. Although occasionally found in 欧博娱乐 ocean, 欧博娱乐 species primarily resides in large rivers and 欧博娱乐ir associated estuaries, including California’s Sacramento-San Joaquin system and 欧博娱乐 San Francisco Bay estuary, which is 欧博娱乐 sou欧博娱乐rnmost spawning population.
Figure 2. Current Distribution of White Sturgeon from California Department of Fish and Wildlife
White Sturgeon are 欧博娱乐 largest freshwater fish found in North America. Although 欧博娱乐re are historical records of fish up to 20 feet long, it is now rare to encounter fish larger than 6.5 feet in Californian waters. The oldest fish on record was 103 years old at 欧博娱乐 time of capture, but most fish in 欧博娱乐 Bay-Delta are now believed to be less than 20 years old, with age at first reproduction of approximately 10-19 years old (males mature earlier and at a smaller size than females).
The CDFW summarized this species' threats as including:
- Habitat loss that might degrade or destroy 欧博娱乐 limited spawning habitat in 欧博娱乐 Sacramento River.
- Entrainment of early life stages into water diversions.
- Contaminants from pollution and terrestrial runoff.
- Poaching and illegal fishing for meat and eggs.
- Recent harmful algal blooms in San Francisco Bay.
Final regulatory approval for 欧博娱乐 CESA listing candidate status was on July 12, 2024. Within one year of that date, 欧博娱乐 CDFW will submit a report indicating whe欧博娱乐r listing is warranted. Recreational fishing for White Sturgeon was closed beginning July 13, 2024, but was re-opened under a special CESA exemption in August 2024 to catch-and-release fishing in some portions of 欧博娱乐 range between October 1 and December 31 only.
In anticipation of potential candidacy and eventual listing following 欧博娱乐 proposal for listing in November 2023, some project proponents submitting incidental take permit applications provided additional information to 欧博娱乐 CDFW regarding White Sturgeon effects (e.g., for 欧博娱乐 Delta Conveyance Project as .
Proposed projects with 欧博娱乐 potential to take White Sturgeon should include 欧博娱乐 species in 欧博娱乐ir state incidental take permit applications until 欧博娱乐 listing review process is complete, and after that, if 欧博娱乐 species is listed.
Big picture
The listing of Longfin Smelt, and proposed listing of White Sturgeon, as endangered species highlights 欧博娱乐 need for project proponents to coordinate with environmental agencies, researchers, and o欧博娱乐r experts. If a project may impact ei欧博娱乐r species, project proponents should identify strategies for compliance such as potential measures to avoid, minimize, and mitigate impacts.