Judge sides with environmental group on rotenone use

By MATEUSZ PERKOWSKI

Capital Press

The federal government cannot poison non-native fish in a California national forest to make room for a rare type of cutthroat trout.

Releasing the pesticide rotenone in 11 miles of stream within the Humboldt-Toiyabe National Forest would violate federal wilderness protection law, according to U.S. District Judge Frank Damrell.

The U.S. Forest Service and U.S. Fish and Wildlife Service "left native invertebrate species out of the balance" in their analysis of the plan, which sought to boost the population of threatened Paiute cutthroat trout, the ruling said.

"Emerging adult insects are a major source of food for many terrestrial insects, spiders, birds, amphibians, reptiles and mammals," Damrell said, noting the pesticide's negative impact on riparian areas.

The agencies had planned to begin introducing rotenone to Silver King Creek and its tributaries in the late summer or early autumn of 2012, using generator-powered mechanical equipment to administer the chemical over two to three years.

After they'd finished killing non-native fish in the stream, Paiute cutthroat trout would be introduced until the species reached the target population of about 2,500 fish.

Californians for Alternatives to Toxics and other environmental groups filed a legal complaint challenging the project last year, claiming the pesticide would have far-reaching effects on other riparian species in the area.

"We shouldn't be poisoning wilderness areas," said Julia Olson, an attorney for the group. "You're nuking the stream system."

Rotenone has been linked to serious illness, such as the neurological disorder Parkinson's disease, and may have effects further downstream than the intended treatment area, she said.

"It's incredibly toxic," Olson said. "It's not even used in agriculture anymore."

The purpose of the project is also undermined by continued stocking of non-native fish by the California Department of Fish and Game to encourage recreational angling, she said.

"It's a vicious cycle of not thinking about management decisions, not having foresight," Olson said.

Capital Press was unable to reach an attorney representing the federal agencies for comment on whether they would appeal the decision.

In the ruling, the judge said the plan violated the Wilderness Act because motorized devices would be used for several years to "eradicate all living organisms within the stream," even though the project wasn't critical to prevent the cutthroat trout's extinction.

Californians for Alternatives to Toxics would not have opposed a mechanical treatment in which non-native fish were netted, electrically stunned and removed, Olson said.

Though this method takes more time, it has been shown to work in other areas, she said. "We think that should be the first effort, to use nonchemical means."

In court records, the federal agencies argued they had thoroughly analyzed the possibility of physically removing non-native fish from the stream but decided it wasn't be feasible in this watershed.

The potential for rotenone to persist in the environment or accidentally kill fish outside the project area would be mitigated by chemical monitoring and safety plans, the agencies said.