Agency administrators apparently coached the scientists to avoid answering the hard questions – those that connected science with water policy – that Congressman George Miller and other Representatives asked the biologists.

“There is no simple answer to the causes of the pelagic organism decline,” said Chuck Armor, Operations Manager of the DFG’s Central Valley Bay-Delta Branch, contending that the causes are complex and vary by species. Armor and other scientists said the three possible causes are toxics, water flows and exports and invasive species.

Before and after the meeting, over 30 representatives of fishing and environmental groups held signs on the street outside of the hearing, asking Congress to save the Delta and stop water exports. Those folks joined with many others inside the hearing room to make the event a standing room only affair. 

Fishing groups criticized Pombo for not inviting independent scientists and the public to testify. “I'm disappointed by the panel that was chosen, since it was essentially representatives of state and federal agencies who were there to defend the actions of those agencies,” said Bill Jennings, chairman of the California Sportfishing Protection Alliance. “ It's the proverbial case of asking the fox to guard the chicken coop.”

Unfortunately, the scientists failed to point out the major role that exports play, in spite of the evidence accumulated by both government and independent biologists over the years.  

“Although the impacts of entrainment losses have been implicated in the decline of the delta smelt, particularly in the south Delta, it is apparent that other causes such as non native species, contaminants and changes in food supply may also be limiting species recovery,” said David Harlow, U.S. Fish and Wildlife Service Sacramento Field Office Supervisor. ”Accordingly, it is unlikely that reduction of export pumping is sufficient alone to bring about recovery.”

One theory advanced by the scientists - the “Bad Suisun Bay hypothesis” - said that the Asian clam and other species have altered the bay's food web. Introductions of various small shrimp-like animals have also impacted the bay's food chain, according to Matt Nobriga of the California Department of Water Resources.

Miller, who spurred Pombo to conduct the hearings, emphasized that the hearing should only be the first of several steps in solving the Delta pelagic fish decline, including implementing policy to save the ecosystem.

“In addition to talking to federal and state agency scientists, we have a responsibility to discuss and implement policy. In addition to learning what has been done, we need to determine what should be done to protect the health of the Delta,” he said in his opening statement.

Pombo, who in his 1996 book This Land is Our Land” claimed that the environmental protections needed for the restoration of the Delta and other ecosystems “are borrowed from fascists, anarchists, globalists, and communists,” said Delta policy decisions should be made on the basis of “science” rather than “finger pointing.”

“Some Delta fish species are at all time low, but no one can responsibly say why,” said Pombo “The easy way out is to point at some policy or infrastructure hated by some groups. Throwing money at the cause of the month will not get us anywhere either. Science, not politics, must be the basis of our environmental politics and responses.”

However, Miller pointed out how the advice of the scientists is frequently discarded by state and federal water agencies when it conflicts with political pressure by water users to provide water exports.

Miller emphasized how the federal and state water agencies in 2005 twice overrode the recommendations of scientists to temporarily reduce pumping, in spite of their full knowledge that Delta fish were undergoing an alarming decline. “We can keep talking about the best available science, but when you have the best available science, it is not being followed,” said Miller. 

Miller also criticized the state and federal agencies for failing to discuss the impact of proposed increases in state and federal exports upon the Delta decline.'  

“We got to figure out what's going on today to make a decision on the future protocol for the operation of the pumps,” said Miller. “We must try to make sure that the impacts of increased pumping are not taken out of the equation.”

At one point Miller asked David Harlow, “How can you have an increase in exports at a time when you don't know the interaction of exports among the impacts? You wouldn't introduce more Asian clams, would you? You wouldn't increase more herbicides, would you?”

To Miller's question about the impacts of export increases, Harlow said,  “I've been advised by legal counsel not to speculate.”

The enforced silence of the scientists about pumping impacts was apparent again when Rep. Dennis Cardoza asked, “Do you see any tremendous benefits in shutting the pumps down?

None of the scientists responded. “By their silence we know a lot,” said Cardoza.

Rep. Grace Napolitano, D. -Norwalk, Rep. Dennis Cardoza, D-Atwater, and Rep. George Radanovich, R. Mariposa, also questioned the scientists at the hearing. 

In spite of the hearing's shortcomings, Bill Jennings and other fishing group representatives said it was an important step for Congress to make. “I'm glad that Miller said that now is not the time to increase water exports or undertake the hydrological changes proposed by the state and federal governments,” said Jennings. 

“I think that Representatives Miller and Cardoza had good questions, but the scientists didn’t have good answers to the causes of the Delta decline,” summed up Red Bartley, northern California board member of the Recreational Fishing Alliance.”

“This is just stage one of many stages in the battle to restore the Delta. If we don’t stop money from being the driving force in making decisions, rather than science, the Delta doesn’t have a chance,” said Bob Strickland, president of United Anglers of California.

A diverse array of fishing and environmental groups appeared at the hearing. Dick Pool, board member of the American Sportfishing Association, Jim Martin, West Coast Director of RFA, Gary Adams, president of the California Striped Bass Association (CSBA), Jay Sorenson, founder of the CSBA, Dan Wolford from Coastside Fishing Club, Mark Rockwell from the Federation of Fly Fishers and John Ryzanych from the Bay Delta Sport Fishing Enhancement Stamp Committee attended the hearing. David Nesmith of the Environmental Water Caucus, Matt Vander Sluis and Mindy McIntyre of the Planning and Conservation League, Barry Nelson from the Natural Resources Defense Council and Brent Plater of the Center for Biological Diversity also came to the event. Many gave written statements to the Representatives to put in the hearing record.

More articles by Dan Bacher