Delta Ruling 7/23/10
Last year the NCCFFF voted to approve both the use of Striperfest and its efforts and funds to support the legal fees in the Striped Bass lawsuit, "Coalition for a Sustainable Delta vs. John McCammons, et al." CSPA's attorney, Michael Jackson, represents us as defendant interveners. He has done a wonderful job for stripers to date, and has represented our interests well. There is no doubt that Michael understands the issues, and is passionate about the fishery and Delta.
Judge Wanger ruled against summary judgment. This means that a formal trial is needed to decide the issues, and that the claims of the plaintiff are not necessarily factual or appropriate. There will be a conference in the court next Tuesday to decide the process going forward. It is possible that the plaintiff could withdraw from the case, but that is not likely, and I think that we as defendants are committed to continuing.
The claims in the case are essentially that stripers are the major predator on listed species in the Delta, and the protections of them by DFG fishing regulations are inappropriate. They therefore have filed suit against DFG to get the regulations changed. There are many complexities in this case, and going into them is inappropriate here due to space. Suffice it to say, if we want the striper to remain as a California game fish, we need to win this suit. That is the reason NCCFFF, CSPA, Striperfest, Central Delta Water Agency and CSBA are all supporting defendant DFG in this case.
We'll know more after the conference next week on what will be happening in the future. If the case moves forward to trial, we will need to discuss what support we can provide in the future. NCCFFF VP Conservation Mark Rockwell is working on gathering past financial information so we can evaluate costs to date, and what can be expected going forward.
For striped bass, this is a critical case, and will likely be the basis of other decisions on stripers. Currently, there is too much focus on predator-prey in the Delta and not enough focus on the other, man created stressors. Striped bass have lived in harmony with other species in the Delta for more than 130 years. There is no reason to think this cannot continue if the more recent Delta challenges are addressed well.
If you have any specific questions, feel free to contact me.
Dr. C. Mark Rockwell, D.C.
V.P. Conservation, Northern Calif. Council,
Federation of Fly Fishers 530 432-9198
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www.nccfff.org