However, with the alarming reports in the media by federal and state scientists about crash of the Delta food chain over the past several years, the attitude of the public toward the smelt, an ecosystem indicator species, has changed dramatically.  

“Anybody who’s been reading the news in recent months knows that the decline of the Delta smelt and the implosion of the Delta food chain is no laughing matter now,” said Congressman George Miller (D-Martinez), the co-author of the Central Valley Project Improvement (CVPIA) of 1992.  

Miller was the keynote speaker at the ASA/Fred Hall Show Anglers Caucus at the Cow Palace in South San Francisco on Saturday, January 7. He delivered an inspirational message to urge anglers to fight to save our Central Valley and Delta fisheries by stopping administrative and legislative attacks on the CVPIA and the Endangered Species Act.  

The CVPIA made fish and wildlife a purpose of the Central Valley Project for the first time and required the doubling of all natural anadromous fish populations. The landmark law also dedicated 800,000 acre-feet of water to fish and wildlife.  

“The law that Bill Bradley and I wrote has been poorly administered and politics have swamped the letter of the law,” said Miller. “Politics are trumping scientists and professionals in making decisions regarding fish and wildlife restoration.”  

Miller cited the rush by the Department of Interior to sign long-term contracts with Central Valley farmers and irrigation districts, in spite of scientific evidence that these contracts would harm Central Valley and Bay-Delta fisheries. Even the Bush’s administration’s own Inspector General, after Miller and other Congress Members demanded an investigation into the “no jeopardy” biological opinion that allowed increased water diversions, said the way the contracts were rushed through was entirely wrong and violated standard internal procedures.  

Miller also blasted the CalFed process, originally designed as a consensus process among fishermen, farmers, water districts, municipal users and the state and federal governments, for becoming dominated by water development and agribusiness interests.  

“The Delta I grew up in – and hunted, fished and boated in – is one of the most complex environmental and hydrological systems in the world,” explained Miller. “We are simply not a conveyance for Southern California water. It is a complex ecosystem with one of the most productive fisheries in the world.”  

Congressman Devin Nunes sponsored legislation last year that would gut the CVPIA and halt court mandated efforts to restore the San Joaquin River – a river that was dewatered just below Friant Dam when the dam was constructed in the late 1940’s. Fortunately, the bill did not go anywhere, due to pressure by ASA, RFA and the Allied Fishing Groups, but Miller anticipates that Nunes could try to push the bill through Congress this session.  

According to Miller, Nunes is portraying the CVPIA to his main campaign backers, San Joaquin Valley farmers, as the concern just of Sierra Club members in San Francisco. He doesn’t realize the ramifications of angering fishermen and hunters and those that depend upon sport and commercial fishing for their businesses.  

“If we don’t do something now, we will lose our fisheries,” said Miller. ”We don’t have any choice but to do again what we did 10 years ago when anglers rose up to defeat legislation sponsored by Congressman John Doolittle to gut the CVPIA.”  

The second major threat besides the Nunes Bill is the legislation sponsored by Congressman Richard Pombo to destroy the Endangered Species Act. The House of Representatives passed HR 3824, the deceptively titled “Threatened and Endangered Species Act,” by one vote in September 2005. Miller said the battle to save the ESA will be heating up this session when Pombo’s bill goes to the Senate.  

“I don’t want to suggest that the law doesn’t need changes, but we don’t need to gut this law. The ESA is absolutely vital to our battle to save the fisheries,” Miller emphasized.  

The ESA, combined with the CVPIA, has helped bring the Sacramento River winter run chinook back from the brink of extinction, from just 192 adult fish in 1991 to 15,000 fish last winter. It has also resulted in putting pressure on Sacramento Valley farmers to remove dams and take other steps to restore the spring chinook run on Butte Creek, where up to 20,000 adult fish have returned to spawn in recent years.  

For those who don’t want to “get political” and just remain on the sidelines, Miller had some strong words.  

“Life is politics and fishing is going to get real political, especially if fishing involves your economic livelihood,” said Miller. “I know fishermen are horrible to organize because they are very independent. It is isn’t easy, but it has to be done.”  

Miller’s staff member, Ben Miller, after attending the caucus, met briefly with representatives from the American Sportfishing Association, Pure Fishing, Coastside Fishing Club, California Striped Bass Association, United Anglers of California and the Allied Fishing Groups about developing a network for getting out action alerts as needed to defeat the Nunes and Pombo bills. You will hear in upcoming issues of the Fish Sniffer about the status of these legislative attacks on the CVPIA and ESA – and what you can do to stop them.

More articles by Dan Bacher