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Independent regulatory commissions

Biological Opinion and Essential Fish Habitat Response for the Anderson Dam Hydroelectric Project

Strategic Insights

— 2 min read

The National Marine Fisheries Service's (NMFS) West Coast Region has submitted a biological opinion and essential fish habitat (EFH) response to the Federal Energy Regulatory Commission (FERC) and the U.S. Army Corps of Engineers (USACE) regarding the Santa Clara Valley Water District's Anderson Dam Hydroelectric Project. The document concludes that the proposed project will not jeopardize the continued existence of threatened Central California Coast (CCC) steelhead and is not likely to result in the destruction or adverse modification of designated critical habitat for CCC steelhead. However, incidental take of CCC steelhead is reasonably certain to occur, and an incidental take statement with terms and conditions is included. The project may also affect, but is not likely to adversely affect, Southern Distinct Population Segment green sturgeon or its designated critical habitat.

Key Takeaways:

  • The NMFS concludes that the proposed Anderson Dam Hydroelectric Project will not jeopardize the continued existence of threatened CCC steelhead and will not result in the destruction or adverse modification of designated critical habitat.
  • Incidental take of CCC steelhead is reasonably certain to occur as a result of the proposed action, and an incidental take statement with terms and conditions is included.
  • The project may affect, but is not likely to adversely affect, Southern Distinct Population Segment green sturgeon or its designated critical habitat.
  • NMFS has concluded that the action would adversely affect EFH designated under the Pacific Coast Salmon, Pacific Coast Groundfish, and Coastal Pelagic Species Fishery Management Plans.
  • EFH Conservation Recommendations are included, including guidance regarding federal action agency response requirements.
  • The project will also affect EFH designated under the Pacific Coast Groundfish and Coastal Pelagic Species Fishery Management Plans.
  • The NMFS has coordinated with the FERC, USACE, and Valley Water to ensure that the ADP is implemented in accordance with the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act.

Statistics:

  • 16 U.S.C. 1531 et seq. (Endangered Species Act)
  • 50 CFR 600.920 (Magnuson-Stevens Fishery Conservation and Management Act, implementing regulations)
  • 50 CFR 600.920 (ESA consultation process to complete EFH consultation)
  • 16 U.S.C. 1536 (Section 7 of the Endangered Species Act)
  • 16 U.S.C. 1801 et seq. (Magnuson-Stevens Fishery Conservation and Management Act)
  • 32,811.5 (Kilowatts proposed)

Sources:

  • Letter from Debbie-Anne A. Reese, Secretary, Office of the Secretary, Federal Energy Regulatory Commission, to Penny Ruvelas, Assistant Regional Administrator, California Coastal Office, National Marine Fisheries Service (September 10, 2024)
  • Letter from Penny Ruvelas, Assistant Regional Administrator, California Coastal Office, National Marine Fisheries Service, to Debbie-Anne A. Reese, Secretary, Office of the Secretary, Federal Energy Regulatory Commission (May 29, 2025)
  • Endangered Species Act Section 7(a)(2) Biological Opinion and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Response (National Marine Fisheries Service, West Coast Region, May 29, 2025)

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