State balking at planting elderberries on its land
Chico Enterprise Record - 11/18/02
By Heather Hacking, staff writer

A concentrated government effort has been made over the past 15 years to buy land along the Sacramento River. Habitat restoration projects on these federal and state lands are ongoing.

Elderberry bushes, however, aren't currently being planted on state lands.

The plants are critical to the valley elderberry longhorn beetle, which is listed on the Endangered Species Act list.

The state is balking because state and federal agencies who have jurisdiction along the river have conflicting goals and complicated guidelines.

Although elderberry plants are common, the U.S. Fish and Wildlife Service requires that they can't be removed without mitigation.

To remove plants at one location, plants must be planted elsewhere and that area must be permanently preserved.

Sacramento River Partners, a group that hires itself out to do restoration projects, is trying to work out a deal to allow planting elderberry plants on state-owned land near the river.

But the state Reclamation Board, which oversees flood control projects, doesn't want flood-prone areas covered with habitat that requires a permit and costly mitigation if there is a flood emergency.

John Carlon of Sacramento River Partners argues there must be a way Fish and Wildlife, the Reclamation Board and the state Department of Fish and Game can work together on a solution.

Carlon said he has spent a lot of energy trying to get the agencies to get past their differences.

From a biological perspective, what is really needed is a big block of elderberry beetle habitat, he said. If that could happen on state and federal land, the beetle might make a comeback and could be taken off the endangered list, Carlon said.

The state has funds and land right now, so it seems unwise not to use these to plant elderberries on state land, he said.

If there was twice as much habitat, it wouldn't be a big deal if plants are damaged when levee work is done or when new development occurs, Carlon argues.

Representatives from Fish and Wildlife and Fish and Game are close to a deal to allow the state Reclamation Board to come in and perform emergency flood work where elderberry is present. Mitigation would occur after the event, and would be shifted over to Fish and Game.

But Carlon isn't confident the state Reclamation Board will go ahead with the deal.

The deal would also map out how much mitigation Fish and Game would need to do, such as how many plants would need to be replaced for certain types of removal or damage.

Pete Rabbon, general manager of the Reclamation Board, said he hasn't seen the proposal being discussed by Fish and Game and Fish and Wildlife.

Burt Bundy, who sits on the Reclamation Board, said the policy of not allowing elderberry to be planted evolved over recent years because of increasing complications when the plant is disturbed.

Bundy said Fish and Wildlife and the National Marine Fisheries Service take a "hard-nose stance" about mitigating any flood work. On the other hand, groups that perform habitat restoration are frustrated because the Reclamation Board requires studies that show habitat will not cause flood problems, Bundy said.

Now, with statewide budget cuts, it's getting to the point where the Reclamation Board's four staff members have a tough time processing permits quickly.

The Sacramento River Conservation Area Forum is working on a way to streamline the obstacles a property owner or government agency must endure when working on land along the river, Bundy said.

"I understand his frustration," Bundy said of Carlon. "It's just not an easy situation."

Carlon said the Reclamation Board is afraid nearby elderberry plants could spread to levees through birds who snack on the berries.

"They've taken a hard-line approach," he said. "They want to be exempt from any elderberry" rules.

Carlon said the other two agencies have made a lot of effort to get to the point it is right now, and he hopes the Reclamation Board does not just ignore the proposal.

He said of the past six projects Sacramento River Partners completed, they could have planted 50,000 elderberry bushes if the state allowed them on state land.

Rabbon said the Reclamation Board is wary of elderberry because of Fish and Wildlife regulations are so extreme.

"We have found historically - based on federal projects - that for every elderberry stem you take out you have to mitigate with three plants."

He said a single elderberry bush could have 100 stems, which would mean replanting 300 single-stemmed plants to replace one.

Barney Flynn of Sacramento River Partners says that's an exaggeration. He said he's worked on projects where large elderberry plants can be transplanted.

Paul Hoffman of Fish and Game said there is no "hard-and-fast rule."

Fish and Wildlife "has made different arrangements with different agencies to fit different situations," Hoffman said.

Pat Foulk, assistant field supervisor at Fish and Wildlife, said the deal being worked out with Fish and Game is not a "done deal."

But the direction seems to be if there is a flood emergency, the elderberries could be damaged and then a consultation and mitigation would follow.

"In this case, Fish and Game is saying, 'Reclamation Board, you don't have to worry about it. We'll hold the incidental take permit,'" Foulk said.

The agencies "just want to restore natural vegetation along the river," she said, and the negotiations look very promising.

"We like the idea," Foulk said. "We'd like to see this succeed. The ball's in the state's court. "We'll be happy to work with them."

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