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Opinion - Bee Editorials

Wednesday, Jun. 10, 2009

Government needs to put our farmers ahead of the fish

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The biological opinion issued last week by the National Marine Fisheries Service is troubling for the many things that it does not say.

The rushed opinion will have a huge impact on San Joaquin Valley agriculture, yet the Fisheries Service did not take the time to consider all the factors that are jeopardizing fish populations. That's shoddy work.

This decision plays into the arguments of those who claim the federal government would rather protect fish than humans. We believe endangered species must be protected, but we also think there should be a balance struck when issuing opinions that will cause economic turmoil.

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The federal opinion says salmon, sturgeon, killer whale and steelhead are jeopardized by the federal and state water projects. The practical effect of that conclusion would limit water pumped to valley farmers and Southern California residents. Farmers on the west side already are enduring significantly decreased water deliveries because of previous rulings. Some fields are not being farmed at all; some orchards will barely get enough water to keep the trees alive, but not enough to produce this year.

Both Democratic and Republicans members of the valley congressional delegation have condemned the latest opinion -- for good reason.

While the Fisheries Service is blaming the federal and state water pumping for the decline in the fish populations, the agency does not take into account documented factors such as sewage dumping from Sacramento and Stockton, the private pumps that divert water without screens, other pollution from nearby urban areas and the impact of striped bass and other invasive species on the protected species.

It appears this opinion was targeted at agricultural uses only, and that is wrong.

The Obama administration must reconsider this ill-conceived action. One way is to convene the so-called "God Squad."

The Endangered Species Act has a provision that would allow a panel of seven Cabinet officials to intervene. They could rule that the economic hardship from reduced water flows overrides protecting the threatened species.

The panel, which is informally called the "God Squad," was added to the ESA in 1978. It has only been used sparingly, but we believe this is exactly the occasion that the provision was intended for.

In late May, U.S. District Court Judge Oliver W. Wanger issued a ruling saying officials must focus not just on protecting the endangered delta smelt when discussing the water pumping, but also must take into account "the harm being visited upon humans, the community and the environment." Wanger is exactly right.

The opinion issued last week by the fisheries service is narrowly drawn to focus on fish, not farmers. We hope the Obama administration realizes how devastating it will be to the individuals and to the communities that rely on farm water to survive. The president should not ignore the impact that his administration is having on some of the nation's poorest people.