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The Central Valley and Delta NMFS Biological Opinion for Restoration is Ready!
One of the most challenging aspects of completing habitat restoration in the Bay-Delta is addressing the complex web of environmental regulations. Funding for habitat restoration generally does not come with the necessary permits to get the work done, which
can delay project implementation.
To help address this problem, Sustainable Conservation worked with the National Oceanic and Atmospheric Administration’s Restoration Center
(NOAA RC) and Environmental Science Associates (ESA), as well as the U.S. Army Corps of Engineers
(Corps) and US Fish & Wildlife Service
(FWS) to develop and submit a programmatic Biological Assessment (BA) to the National Marine Fisheries Service
(NMFS) for habitat restoration projects in the Central Valley and Bay-Delta.
Thank you to all of our partners for their collaboration and staff time dedicated to making this permit a success.
NMFS produced a programmatic Biological Opinion (PBO) under Section 7 of the federal Endangered Species Act for approximately
20 commonly-implemented restoration actions that could impact NMFS' trust species. This PBO completes NMFS' statewide programmatic permitting for restoration.
NMFS’ recovery plans recognize efficient permitting of priority restoration projects as an important step in species recovery and getting needed projects constructed. This authorization gives applicants the opportunity to plan, design and implement restoration
projects more quickly and with more funding available for on-the-ground work.
However, it is important to understand the detailed project description, environmental and species protection, and other requirements of these front‐loaded
permits, and be willing to communicate early with regulatory agencies in a cooperative partnership.
We also have a blog post about the PBO, which you can share with your networks.
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Project Eligibility
For the purposes of the PBO, a "restoration project" is defined as one that will result in a net increase in aquatic
or riparian resource functions and services.
Although a project covered by the Program may include multiple benefits, such as flood management, groundwater recharge, recreation and public access, or climate change adaptation, all covered projects must meet the definition of a restoration project and
must be consistent with NMFS’ Central Valley Salmon and Steelhead Recovery Plan.
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What is the geographic scope?
The PBO includes portions of the following counties: Alameda, Amador, Butte, Calaveras, Colusa, Contra Costa, El Dorado, Fresno, Glenn, Madera, Mariposa, Merced,
Nevada, Placer, Sacramento, San Benito, San Joaquin, Shasta, Solano, Stanislaus, Sutter, Tehama, Tuolumne, Yolo, and Yuba.
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What species are covered?
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Chinook salmon (Oncorhynchus tshawytscha)
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steelhead (Oncorhynchus mykiss)
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American green sturgeon (Acipenser medirostris), and
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Essential Fish Habitat
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What activities are covered?
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fish screens
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removal of small dams
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upslope watershed restoration
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instream habitat structures and improvements
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barrier modification for fish passage improvement
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bioengineering and riparian habitat restoration
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riparian habitat restoration and enhancement
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invasive plant removal and revegetation to improve fish and wildlife habitat
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creation of off-channel/side channel habitat, including floodplain restoration to improve fish and wildlife habitat
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wetland and tidal marsh restoration and enhancement
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piling and other instream structure removal to improve wildlife habitat and water quality
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water conservation and streamflow augmentation projects to improve in-stream flow conditions for fish
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Our team can provide you with permitting strategy advice or technical assistance.
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Find us at the Bay-Delta Science Conference!
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The
Biennial
Bay-Delta Science Conference is a forum for presenting technical analyses and results relevant to the Delta Science Program’s mission to provide the best possible, unbiased, science-based
information for water and environmental decision-making in the Bay-Delta system. The goal of the conference is to offer new information and syntheses to the broad community of scientists, engineers, resource managers, and stakeholders working on Bay-Delta
issues.
We'll have a poster and handout with information about the PBO and will be available to answer questions. Come say "hi" and ask us about programmatic permitting!
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Our Technical Resources page has a list of programmatic permits and approvals currently
available for habitat restoration projects, information to help you use the Habitat Restoration and Enhancement (HRE Act), and much more.
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