Department of Commerce
NOAA Fisheries Service
Office for Law Enforcement
- Southwest Division

FOR IMMEDIATE RELEASE
July 14, 2006

UNAUTHORIZED LAND DEVELOPMENT MAY HARM ENDANGERED SPECIES

Office for Law Enforcement Sends Reminder to Developers

NOAA Fisheries Service Office for Law Enforcement reminds home builders and land developers to contact the proper government agencies before initiating development that may potentially disrupt fragile ecosystems. As development increases in the Northern and Central Valley regions of California, rivers and streams risk contamination from deposits of non-soluble soil and building supplies.

Recently, French Bar Bluffs, LLC, a 544-acre land development site south of Sacramento, settled a civil penalty for illegally depositing large amounts of non-soluble soil sediment into the watershed above the Tuolumne River-listed as a critical habitat for the threatened California Central Valley Steelhead. The land development partnership was found to be in violation of two California state laws-discharging sediment into the clean waters of California and the dewatering of the Tuolumne River without proper permits.

California District Attorney Office's Department for Environmental Crimes charged the land developer with violations of the California's Clean Water Act, Streambed Alteration Violations and the Federal Endangered Species Act. The partnership agreed to a settlement of $1.2 million in civil penalties in addition to a dedication of more than $3 million dollars for dam removal, mitigation credits and restoration efforts.

As a result, the land development partnership is required to spend a portion of the money set aside for restoration on re-vegetation projects to replace felled trees and bank stabilization shrubbery. Dozens of old-growth Oak trees were removed from the deep valley tributaries above the river. The destruction of these shade trees allowed increased sunlight to reach the water, raising the surface temperature above normal temperatures, which may have caused "harm" to steelhead - significantly altering normal spawning or feeding behavior. Shoreline vegetation also provides necessary protection against soil deterioration and embankment erosion.

The multi-agency investigation involved; NOAA Fisheries Service, California Environmental Protection Agency-Regional Water Quality Control Board; California Department of Fish and Game, Army Corp of Engineers, California District Attorney's Office for Environmental Crimes and U.S. Fish and Wildlife Service.

NOAA Fisheries Service's Office for Law Enforcement reminds developers and home builders that disrupting land near natural streams and rivers can drastically affect fishery stocks hundreds of miles inland from oceans. Depositing soil or building materials into waterways may have harmful effects on valuable and delicate fish habitats. Contacting the proper agencies before initiating development will prevent the assessment of any civil penalties and reconstruction fees.

To report illegal fishing activities contact the NOAA Fisheries Service's Enforcement Hot Line at 800-853-1964.

In 2007 NOAA, an agency of the U.S. Commerce Department, celebrates 200 years of science and service to the nation.  Starting with the establishment of the U.S. Coast and Geodetic Survey in 1807 by Thomas Jefferson much of America's scientific heritage is rooted in NOAA.  The agency is dedicated to enhancing economic security and national safety through the prediction and research of weather and climate-related events and information service delivery for transportation, and by providing environmental stewardship of our nation's coastal and marine resources. Through the emerging Global Earth Observation System of Systems (GEOSS), NOAA is working with its federal partners and more than 60 countries to develop a global monitoring network that is as integrated as the planet it observes.

On the Web:
NOAA Fisheries in Alaska: alaskafisheries.noaa.gov
NOAA's Alaska Fisheries Science Center: www.afsc.noaa.gov
NOAA Fisheries Service: www.nmfs.noaa.gov
NOAA: www.noaa.gov