Agricultural Non-point Source Pollution Problems
Habitat typing reports (Frink et al., 1990) and USFS stream surveys have noted numerous water quality problems on Hayfork Creek and all of its major tributaries in Hayfork Valley. Grazing on Carr Creek, Salt Creek and its tributaries, and Hayfork Creek has caused loss of riparian vegetation and bank trampling. Cut banks may be contributing sediment which is filling in lower Salt Creek and Hayfork Creek. This sedimentation contributes to more bank cutting in these areas. As a result of bank erosion caused by grazing, fine sediment levels in lower Salt Creek and Hayfork Creek below Salt Creek are the highest in the South Fork Trinity River basin (see Chapter III).
Removal of the riparian canopy (by grazing and other means) has contributed to increased water temperatures, which exceeded 75°F in lower Hayfork Creek in June of 1989 (Frink et al., 1990). Lower Hayfork Creek maximum water temperatures exceeded 84°F in July and August of 1990, while the South Fork Trinity River just below Butter Creek attained a maximum of 78° (USFS, 1991a). Therefore, Hayfork Creek exacerbates temperature problems in the main South Fork Trinity River in some years, whereas it formerly provided a moderating influence. Water temperatures reached 81 degrees F in September 1989 in the South Fork Trinity River below Hyampom (Dale, 1990).
Fecal material from livestock can also increase biological oxygen demand (B.O.D.) "which may cause serious oxygen depletion. This is especially harmful to stream organisms (such as salmonids) that have high dissolved oxygen requirements. Temperature increases further compound this problem as higher water temperatures reduce saturation levels of dissolved oxygen in the water" (Platts, 1990). This particular problem has never been the subject of study in Hayfork Creek or its tributaries, but it is probable that livestock are contributing to water quality problems. Agricultural runoff of fertilizers and pesticides in the Hayfork Valley may also contribute to decreased water quality but again, specific problems are not documented.
Flow depletion, lack of riparian cover, and water pollution all effect the ability of Hayfork Creek and its major tributaries in Hayfork Valley to produce salmon and steelhead. The most pervasive problem in Hayfork Creek is warm water resulting from depleted flows and lack of riparian vegetation. Habitat typing surveys indicate that suitable rearing habitat for 1+ and 2+ juvenile steelhead is very limited in Hayfork Valley and lower Salt Creek (Frink et al., 1990), and in lower Big Creek, Carr Creek and Tule Creek (Plate 2). Most successful recruits into the adult steelhead population spend two to three years in freshwater (Mills and Wilson, 1991; Wilson and Mills, 1992). Juvenile steelhead can be seen in all habitat types in Hayfork Creek and in the main South Fork Trinity River in the spring before flows drop and stream temperatures increase. However, during the late summer, usable habitat is restricted to cascades, high gradient riffles, the mouths of cool tributaries, and/or deep, stratified pools where water temperature and dissolved oxygen are sufficient for survival.
High water temperatures decrease dissolved oxygen and the high BOD caused by wastes from septic systems and grazing animals exacerbate this problem. Any other organic or inorganic pollutants contributed from industrial, agricultural, or domestic sources may also be concentrated during periods of flow depletion. The cumulative effect of all these water quality problems is to increase the stress on salmonids, which in turn depresses their resistance to disease. Water quality in Hayfork Creek also becomes degraded to the point where it is a public health concern (Frink et al., 1990).
Instead of providing a moderating influence of cool water on the warm South Fork Trinity River, Hayfork Creek adds to thermal problems below Hyampom. While South Fork main stem temperatures may have been high historically (Coots measured 74° F at Salyer in 1954), adaptations of stocks to high temperatures may not allow survival when temperatures rise to the high 70's and low 80's. These elevated temperatures favor exotic species, such as green sunfish and brown bullhead, which are periodically introduced. These fish have been escaping from farm and mill ponds in Hayfork Valley since the 1950's and are presently surviving in large streams. During the recent drought, reproducing adult populations have taken up residence in pools in the lower South Fork Trinity River (Mike Dean, personal communication). Stomach contents of these warm water fish showed they had been eating small anadromous fish.
If water conservation and riparian restoration measures are employed in the Hayfork Valley, it will help remedy the serious water supply problem in the area and improve water quality for fish. Numerous sources of funding are available to private land owners to improve efficiency of water use and to prevent water pollution. Public funding sources, such as those available through the ASCS, are not available if a landowner or water user is ordered by the SWRCB, or any other regulatory agency, to change their practices. Therefore, it may be wise for ranchers and farmers to accept help in improving efficiency of water use, and to proactively abate pollution problems related to grazing, instead of waiting to take action until after complaints are lodged.
Problems related to sedimentation in the main stem of the South Fork Trinity River will persist for many years, but water quality problems and lack of flow in Hayfork Creek could be reversed in a much shorter time. If the conditions causing water temperature problems are not addressed, salmon and steelhead could be permanently lost. Conversely, addressing these water problems and issues could trigger the potentially rapid recovery of anadromous populations. Hayfork Creek could serve as the wellspring of recovery for spring chinook, fall chinook and summer steelhead, because of the deep holding pools available in Hayfork gorge just upstream of Hyampom. With cooler water in the summer, populations of steelhead juveniles could rebound to levels not seen since the 1950's.
The historical record of the specific impact of fishing on South Fork Trinity River salmon and steelhead stocks is almost totally lacking. Because steelhead have never been exploited commercially, fishing is not linked to declines of this species, but salmon harvests may have contributed to reduction of South Fork Trinity stocks of coho and chinook. Consequently, much of the discussion in this chapter on the impact of fisheries is based on information relating to salmon stocks Klamath basin wide and California ocean salmon harvest.
Below is a description of fisheries that affect South Fork Trinity River salmon and steelhead stocks, the agencies that manage fish harvest, and harvest management methods. Problems with lack of protection for depressed salmon stock groups, such as those in the South Fork, in offshore and in-river "mixed stock" fisheries are discussed. While there is no direct evidence to support the contention that stock declines in the Klamath basin or South Fork Trinity River are a result of foreign fishing effort (USFWS, 1991), these off shore fisheries are described because of widespread public concern about this perceived problem.
Historical Overview of Fishing
The salmon of the South Fork Trinity River were an important source of food for the Wintu Indian people who inhabited the basin (Wooley, 1993). White settlers in the South Fork basin also came to rely on the fish of the river as one of the staples of their diet (Trinity Journal, 1873). While Indian fisheries in the Klamath basin had traditionally avoided salmon stock depletion (Kroeber and Barrett, 1960), white settlers impacted the health of salmon runs both through habitat destruction and excessive harvest (Snyder, 1931). Beginning in 1881, canneries were set up near the mouth of the Klamath River and Indian fishermen were recruited to supply fish (McEvoy, 1986). The fishery concentrated on fall chinook stocks because spring chinook salmon in many Klamath sub-basins had been driven almost to extinction by mining activity (Hume, 1892 as cited in Snyder, 1931).
By 1912, the Klamath and many of its tributaries had recovered somewhat from mining impacts and a tremendous run of fall chinook salmon was recorded (Snyder, 1931). Over 17,000 salmon were taken in one day that year and the cannery packed 1,384,000 pounds of fish. During the 1920's, Snyder (1931) noted that Klamath River salmon were being caught in ocean fisheries as far south as Monterey. He asserted that the combined effort of ocean and in-river fisheries was causing the decline of Klamath stocks. The canneries at the river mouth were closed in 1933 to halt further depletion, but ocean fisheries remained largely unregulated (McEvoy, 1986).
According to McEvoy (1986), continued over-fishing of salmon off the California coast caused declining catches through the 1930's until an all time low was reached in 1938 (McEvoy, 1986). No information is available about fluctuations of salmon runs in the South Fork Trinity River due to ocean and in-river commercial fisheries, but press accounts indicate that basin residents were aware of the large number of fish taken by canneries in the lower Klamath River (Trinity Journal, 1926).
After World War II, logging and road building on unstable terrain in the South Fork Trinity River basin set the stage for the massive degradation of fisheries habitat that occurred during the 1964 flood (Kojan, 1974, 1976; MacCleery, 1974). Again, commercial fishing and sport fishing increased after the war and the trend continued into the late 1970's. Hatcheries were set up on the Klamath and Trinity Rivers to offset loss of spawning and rearing habitat above dams. The combination of decreased habitat quality, habitat quantity and intense harvesting of depressed wild salmon stocks with abundant hatchery stock in "mixed-stock" fisheries caused severe declines in native Klamath basin salmon stocks by the late 1970's (Rankel, 1980).
The passage of the Magnusen Act in 1976 led to the formulation of the Pacific Fisheries Management Council (PFMC). The PFMC has focused considerable energy on the management of Klamath basin fall chinook salmon and has attempted to implement harvest rate management to stop the decline of natural spawners. Despite this additional effort to improve harvest management and initiation of major Federal restoration programs to restore salmon, 1990-1992 represented three consecutive all time record low spawning returns of Klamath River fall chinook. Preliminary estimates for 1993 place Klamath fall chinook salmon adult run size at 20,880 fish (CDFG, 1993b), which makes the fourth consecutive year that minimum escapement goals have not been met.
Anadromous fish species, such as salmon and steelhead, are born in freshwater but spend most of their adult lives feeding in the ocean. Because they range hundreds or even thousands of miles, many agencies having different jurisdictions must cooperate to manage their harvest. South Fork Trinity River salmon and steelhead are managed as part of the aggregate unit of all Klamath basin stocks, with fall chinook salmon commanding the most attention. Management entities include State and Federal agencies, and Indian Tribes.
California Department of Fish and Game (CDFG)
The State has jurisdiction over all non-Indian fisheries in rivers and also controls commercial and sport ocean harvests within three miles of shore. Regulations are set annually for freshwater fishing by the California Fish and Game Commission, but the State usually defers to the Pacific Fishery Management Council (PFMC) for seasons and harvest levels in the ocean. CDFG collects data on ocean sport and commercial landings, as well as freshwater sport harvest and adult spawning escapements. All information is shared with the Klamath Fishery Management Council (KFMC) and the PFMC to help in harvest allocation and setting fishing regulations annually. The Oregon Department of Fisheries and Wildlife may exercise management authority over harvest of Klamath salmon stocks in near-shore (<3 mile) ocean waters in Oregon, but generally defers to the PFMC.
Pacific Fishery Management Council (PFMC)
In 1976, the Magnusen Fishery Conservation and Management Act (16 U.S.C. SS 1801 et. seq.) was passed by Congress. Regional management councils were set up to insure conservation of U.S. coastal and anadromous fisheries resources under the U.S. Department of Commerce. Fisheries between three and 200 miles off California, Oregon, and Washington were placed under the jurisdiction of the Pacific Fishery Management Council (PFMC). Annual salmon fishing seasons are set for Klamath River fall chinook stocks by the PFMC after considering statistical projections for salmon abundance and comments from the KFMC. The PFMC also regulated foreign fishing efforts within the 200 mile zone, such as the whiting fishery, before the fleet was replaced with American owned vessels.
Klamath Fishery Management Council
In 1986 Congress passed the Klamath Restoration Act (PL 99-552), which set up the Klamath Fishery Management Council (KFMC). The Council has representatives from commercial and sport fishing interests, Indian Tribes, CDFG, Oregon Department of Fish and Wildlife, and from the offices of the Secretary of Commerce and the Secretary of Interior. The function of the KFMC is to advise the PFMC on how to allocate harvest of all Klamath anadromous fish, consistent with rebuilding the runs. Unfortunately, in most years failure of the KFMC to reach consensus on allocation has led to no recommendations going forth to the PFMC. Klamath River basin fall chinook stocks are the primary focus of the KFMC and little management effort has been directed toward other species. Data collection and interpretation is carried out by the Klamath River Technical Advisory Team (KRTAT). Most of the statistical analysis needed for the KRTAT is provided by the Inland Fisheries Division of CDFG. The U.S. Fish and Wildlife Service Klamath River Field Office in Yreka provides basic staff support for the KFMC.
National Marine Fisheries Service (NMFS)
The basic mission of this agency is to promote the wise and full use of United States marine resources. The agency is a branch of the National Oceanic and Atmospheric Administration (NOAA) under the U.S. Department of Commerce. NMFS has responsibility for enforcement of laws in the 200 mile Exclusive Economic Zone (EEZ) set up by the Magnusen Act. The agency has also pursued an aggressive role in recent years to help stop the interception of U.S. salmon and steelhead in high seas driftnet fisheries (Lewis, 1990). The PFMC is staffed by NMFS personnel who supply technical information needed for harvest management. The NMFS also has considerable direct management authority, through recovery planning, over Pacific salmon stocks listed under the Endangered Species Act. The latter responsibility is shared with the U.S. Fish and Wildlife Service (USFWS).
Hoopa Tribe
Reservation lands were recognized for the Hoopa Tribe as early as 1864 through Executive Order. Hoopa treaty rights have been interpreted by Federal and California courts and the U.S. Department of Interior to include fishing rights and the power to regulate fishing by tribal members on the Reservation (USFWS, 1991). The Hoopa Valley Tribal Council operates a fisheries program that assists in the management of Tribal fisheries. The Hoopa Fisheries Department monitors harvest, provides catch data for management, and conducts a fisheries and watershed restoration program. The Hoopa Tribe actively participates in both the Klamath River and Trinity River Restoration Programs. Enforcement of laws on the Reservation is handled by the Tribe and justice carried out under the Tribe's own court system.
Bureau of Indian Affairs
The Bureau's mission is to develop and implement a national policy for the conservation of tribal fisheries resources. The BIA sets fishing seasons on the lower Klamath after consultation with the PFMC and enforces Indian law regulating fisheries. The BIA has sought the assistance of the U.S. Fish and Wildlife Service in calculating Indian net harvest and in fish habitat assessment of Indian ancestral territories. The Hoopa-Yurok Settlement Act of 1988 (P.L. 100-580) separated the Hoopa and Yurok Indian Reservations. The Yurok are in the process of forming a Tribal government and will assume regulation of their own fisheries, similar to the Hoopa Tribe, once their government is in place (USFWS, 1991).
Commercial salmon trollers and ocean sport fishermen directly target Klamath River salmon stocks, including those from the South Fork Trinity River. Coastal communities in northern California and southern Oregon enjoy considerable economic benefit from commercial and sport salmon fisheries which rely heavily on Klamath basin chinook salmon stocks. Other ocean fisheries may catch salmon or steelhead from the basin incidentally as they fish for other species. As salmon and steelhead return to the river, they are caught by Indian fishermen and sport anglers. Poaching also can be a significant form of harvest as salmon and steelhead approach their spawning beds or hold during summer in the clear waters of the South Fork.
Klamath River salmon stocks range from Monterey, California to the mouth of the Columbia River (PFMC, 1980,1984; Laufle et al., 1986). The approximate range of these fish is depicted in Figure 7-1. Chinook and coho salmon feed in areas of upwelling along the Continental Shelf within 6-40 miles offshore (Brodeur, 1990), so fisheries that impact salmon are well within the jurisdiction of the United States. While some steelhead stocks from California range more widely in the ocean (Ligth et al., 1988), specific migration patterns of Klamath basin steelhead stocks or those of the South Fork Trinity River are unknown. Chapter 7 continued