Presentation on theme: "Lake and Streambed Alteration Program (1600). Department’s Mission: The Mission of the Department of Fish and Game is to manage California's diverse."— Presentation transcript:
Department’s Mission: The Mission of the Department of Fish and Game is to manage California's diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public.
Section 1600 of the Fish and Game Code was established in 1961 as a measure to protect salmonids from aggregate mining, but was powerless. 1976 Enforcement authority was given to Section 1600
1602. (a) An entity may not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake,
What is a the extent of the Department’s jurisdiction?
“Bank” is defined as the slope or elevation of land that bounds the stream in a permanent or longstanding way, and that confines the stream water up to its highest level. (People v. Osborne (2004)116 Cal.App.4 th 764) One Definition— Used by Ventura County DA’s office
2/11/98 Circles are for point of reference only. Bold yellow line indicates outer edge of water flow. Grading activities have begun along the bank
December 1998 – April 2000 14.37 acres April 2000 – December 2001 2.50 acres December 2001 – October 2002 2.83 acres Grading Activities December 1998 – October 2002 Circles are for point of reference only.
December 2001 – October 2002: Green waste and paper pulp dumped in streambed October 2002 – April 2003: Biosolids, green waste and paper pulp dumped in streambed Layers- Biosolids, paper pulp and green waste Layers- biosolids, paper pulp and green waste Circles are for point of reference only. Layers- green waste Dumping Activities December 2001 – April 2003 = 9.3 acres
7/13/02 Recent Grading activities on top Layers of green waste and paper pulp underneath Diverting the natural flow of the water Circle is for point of reference only. Piles of green waste
4/28/03 Circles are for point of reference only. Natural flow of water diverted away from nursery trees
4/28/03 Even more paper pulp since 2002 – layered and graded with green waste Circles are for point of reference only. More green waste added further into the river
12/5/01 Looking toward green circle area Paper pulp Compost pile Straw Waste
12/5/01 Water flowing through here, hitting paper pulp Standing in the river looking upstream toward green circle area Biosolids Placing a deleterious substance where it can pass into the waters of the state is a violation of section 5650
Streambed Alteration Violations of Fish and Game Code Section 1602
Elements of 1602 Violation 1.Defendants diverted or obstructed the natural flow (or changed the bed, bank or channel) 2.The diversion, obstruction or change was substantial 3.within the bed, banks or channel of the Santa Clara River 4.without prior notification to the Department of Fish and Game
Elements of 5650 Violation 1.Defendants deposited in, permitted to pass into, or placed where it can pass into; 2.The waters of the state 3.Any factory refuse and any substance or material deleterious to fish, plant or bird life. Paper pulp Biosolids