Facts

In 1988, the National Resources Defense Council Inc, or NRDC, led a coalition of environmental groups in filing a lawsuit against several defendants who work for the Department of the Interior, including the U.S. Bureau of Reclamation. The lawsuit challenged the renewal of long-term water service contracts between the United States and the Central Valley Project, or CVP, Friant Division contractors.

In 2006, the NRDC coalition, Friant Water Authority, orFWA, fka Friant Water Users Authority, and the U.S. Departments of the Interior and Commerce reached a settlement after nearly two decades of litigation. The settlement established two primary goals, the "Restoration Goal" and the "Water Management Goal." The restoration goal was to restore and maintain fish populations in the San Joaquin River, including salmon and other fish, in "good condition." The waste management goal was to reduce or avoid adverse water supply impacts that may result from the restoration flows as provided in the settlement.

The restoration goal included the reintroduction of Central Valley spring-run Chinook salmon to the San Joaquin River between Friant Dam and its confluence with the Merced River. The settlement is being implemented through the San Joaquin River Restoration Program (SJRRP).

In 2009, Congress enacted the San Joaquin River Restoration Settlement Act, which ratified the terms of the settlement, and provided additional authorities required to facilitate the successful implementation of the settlement, including the reintroduction of the CV spring-run Chinook salmon.

The CV spring-run Chinook salmon was listed as a threatened species under the Federal Endangered Species Act. The ESA prohibits the "take" of an endangered species unless otherwise authorized. The "take" term is defined by the U.S. Fish and Wildlife Service as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct."

This matter concerned the designation of a nonessential experimental population of CV spring-run Chinook salmon below Friant Dam in the San Joaquin River, pursuant to the settlement and the Settlement Act.

Result

The National Marine Fisheries Service issued a final rule designating a nonessential experimental population of CV spring-run Chinook salmon under the ESA in portions of the San Joaquin River. The NMFS also established take exceptions for the nonessential experimental population for particular activities inside the experimental population's geographic range. It also limited take exceptions outside of the experimental population's geographic range. The final rule becomes effective on Jan. 30. 2014.