BOARD OF SUPERVISORS OF THE COUNTY OF LAKE, STATE OF CALIFORNIA

PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY DUE TO PERSISTENT

WHEREAS, on May 6, 2021, the Lake County sheriff, in his capacity as the Director of Emergency
Services for the County of Lake, proclaimed a local emergency due to persistent drought conditions,
with said proclamation being renewed most recently on Jan. 10, 2023; and
WHEREAS, on March 28, 2022, Gov. Newsom issued Executive Order No. 7-77, to provide guidance
on emergency drought relief. The executive order (EO) states that “the ongoing drought will have
significant, immediate impacts on communities with vulnerable water supplies, farms that rely on
irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water”; and
WHEREAS, the Clear Lake hitch (Lavinia exilicauda chi), or chi, a fish species endemic to Clear Lake,
has been a primary food and cultural resource for indigenous Pomo peoples for thousands of years in the
lands and watersheds now encompassed by Lake County and nearby counties, and remains central to the
health, food security and well-being of sovereign tribal nations within Lake County; and
WHEREAS, in August 2014, the California Fish and Game Commission determined the Clear Lake
hitch to be “threatened” under the California Endangered Species Act and subsequently adopted
regulations to improve hitch habitat and water quality in 2016; and
WHEREAS, in 2017 the Blue Ribbon Committee for the Rehabilitation of Clear Lake was established
under the California Natural Resources Agency (pursuant to Assembly Bill 707) to develop strategies to
help restore Clear Lake and revitalize local economies dependent on the health of the lake; and
WHEREAS, on Dec. 3, 2020, the U.S. Fish and Wildlife Service (“USFWS”) published its adopted
findings that the proposed listing of the Clear Lake hitch under the federal Endangered Species Act
(“ESA”) was “not warranted at this time”; and
WHEREAS, on Aug. 17, 2021, the Center for Biological Diversity (“Center”), an environmental
advocacy organization, filed federal suit in the Northern District of California against USFWS and the
U.S. Department of the Interior, claiming the agency’s “not warranted” decision was unlawful; and
WHEREAS, on April 14, 2022, the USFWS agreed, in a stipulated settlement agreement and order
signed by the Hon. Richard Seeborg, Chief U.S. District Court Judge, to conduct additional scientific
analysis and public outreach and issue, on or before Jan. 12, 2025, new “12-month findings” as to
whether the listing of the Clear Lake hitch as “endangered” is warranted under the federal ESA; and
WHEREAS, on Oct. 12, 2022, the California Fish and Game Commission directed President Samantha
Murray to send a letter to USFWS Director Martha Williams seeking emergency listing for the hitch.
Murray’s letter, dated Nov. 3, 2022, requests USFWS to implement “immediate, emergency protections
to Clear Lake hitch to secure an adequate level of 2023 spring spawning for the species”; and
WHEREAS, on Dec. 5, 2022, the Center for Biological Diversity and four native sovereign nations
located within Lake County announced they also have requested emergency ESA listing of the Clear
Lake hitch by USFWS; and
WHEREAS, on Dec. 8, 2022, an emergency, intergovernmental summit was held at Big Valley
Rancheria to help facilitate communications between sovereign tribal governments, their respective
environmental protection agencies and analogous state, local and federal environmental agencies; and
WHEREAS, on Jan. 13, 2023, the California Department of Fish and Wildlife sent a letter requesting
the county “to coordinate and implement immediate and long-term actions to protect and conserve
hitch,” said letter proposing two specific actions which the county cannot immediately address; and
WHEREAS, a proposed “Conservation Strategy for the Clear Lake Hitch” and implementation
agreement has been drafted by an intergovernmental committee, but the draft strategy has not been
presented to potential signatories, including Lake County, for review, public input or adoption; and
WHEREAS, California Government Code § 8630 empowers the Board of Supervisors to proclaim the
existence of a local emergency when the county is threatened or likely to be threatened by conditions of
extreme peril to the safety of persons and property that are or are likely to be beyond the control of the
services, personnel, equipment, and facilities of this county; and
WHEREAS, the Board of Supervisors hereby finds that conditions of extreme peril to the safety of
persons and property presently exist in Lake County, caused by rapidly declining numbers of Clear Lake
hitch that could potentially result in extinction for the species; possible permanent loss of food security
and cultural resources for indigenous Pomo peoples and native sovereign nations within Lake County;
potentially significant impacts upon agricultural, mining, recreational and tourism activities to the extent
they may impact hitch habitat in Clear Lake and its tributaries; and potentially serious economic impacts
should the U.S. Fish and Wildlife Service grant the pending requests for emergency ESA listing; and
WHEREAS, the Board of Supervisors does find that the aforesaid conditions and the breadth of the
peril the County and its residents face as a result require a proclamation of local emergency which
declares that local resources are unable to cope with the effects of the significant danger.
NOW THEREFORE, IT IS HEREBY PROCLAIMED that the Board of Supervisors of the County
of Lake hereby declares the existence of a local emergency and said emergency shall be deemed to
continue until its termination is declared by the Board of Supervisors.
BE IT FURTHER PROCLAIMED that this proclamation is issued pursuant to the California
Emergency Services Act, Government Code §§ 8550, et seq. and proclaimed and ordered that during the
existence of said local emergency, the powers, function, and duties of the emergency organization of
Lake County shall be those prescribed by state and local law and county resolutions, as approved by the
Board of Supervisors.
THE BOARD OF SUPERVISORS HEREBY MAKES THE FOLLOWING REQUESTS:
1. That the Governor proclaim a State of Emergency in Lake County due to persistent drought and
habitat loss such that the potential extinction of the Clear Lake hitch appears to be imminent unless
immediate and direct action is taken, and local resources are inadequate to cope with the emergency;
2. That the Director of the U.S. Fish and Wildlife Service (“USFWS”) provide emergency funding and
resources adequate to protect the Clear Lake hitch while its court-ordered review process is under way,
and to promptly disclose any legal or financial constraints which would limit such emergency support;
3. That USFWS, among its other emergency actions, prioritize and expedite completion of the draft
Clear Lake Hitch Strategy in coordination and cooperation with other government agencies and native
sovereign nations and timely circulate the strategy for signatures and implementation;
4. That the chair of the Blue Ribbon Committee for the Rehabilitation of Clear Lake convene a meeting
as soon as practical to consider the status of the Clear Lake hitch and threats to its 2023 spawning run,
accept public testimony, and prioritize and approve hitch-beneficial projects, activities and funding;
5. That the State Water Resources Control Board immediately order and direct enhanced compliance
and enforcement activities to stop illegal water diversions affecting Clear Lake and its tributaries; and to
enforce the adopted orders of the Irrigated Lands Regulatory Program and Cannabis Cultivation Waste
Discharge Regulatory Program to ensure they are protective of Clear Lake hitch habitats as applied;
6. That the State Water Resources Control Board consider whether to develop emergency regulations
and/or information order, as may be appropriate, to help to establish and monitor interim and restorative
instream flow levels and/or seasonal curtailment of surface stream diversions from Lake County
watercourses in order to assure the continued viability of the Clear Lake hitch and other aquatic species,
pursuant to Water Code §§ 1058.5 and 1259.4(a)(2) and Public Resources Code § 10000, et seq.;
7. That the California Fish and Game Commission and/or California Department of Fish and Wildlife, as
may be appropriate, take reasonable steps to consider whether emergency regulations or amendments to
sport fishing regulations are needed to reduce predation of Clear Lake hitch by carp and other non-native
predatory fish; to consider whether establishment of one or more chi fish hatcheries or refuges within the
County of Lake is feasible and warranted; to review and recommend shoreline habitat improvement
strategies and projects; and for the Fish and Game Commission to schedule and conduct at least one
meeting within the County of Lake to accept public testimony regarding any chi-related actions;
8. That the Ukiah field office manager of the Bureau of Land Management take reasonable and prudent
steps to identify and mitigate erosion and sediment transport attributed to fire, flood, off-highway
vehicle use, abandoned mines in and near stream channels, and any other conditions that may adversely
affect Clear Lake hitch migration and survival within and downstream of BLM-managed lands and
waterways, including Cache Creek Wilderness and North and South Cow Mountain Recreation areas;
9. That the Lake County Water Resources Department submit a mid-year budget request authorizing
reimbursement for unanticipated costs for chi-related projects and programs, the amount and source(s)
of such funding being contingent upon review and approval by the Board of Supervisors.
THE BOARD OF SUPERVISORS HEREBY ORDERS that a copy of this proclamation be provided
to the Office of the California Governor; the state director of the Office of Emergency Services; the
president of the State Water Resources Control Board; the president of the California Fish and Game
Commission; the director of the California Department of Fish and Wildlife; the chair of the Blue
Ribbon Committee for the Rehabilitation of Clear Lake; the Ukiah field office manager of the Bureau of
Land Management; the director of the U.S. Fish and Wildlife Service; the secretary of the U.S.
Department of the Interior; and the chair of each native sovereign nation within the County of Lake.

This proclamation was duly passed by the Board of Supervisors of the County of Lake at a regular
meeting held on January 24, 2023, by the following roll call vote:

AYES:
NOES:
ABSENT OR NOT VOTING:
COUNTY OF LAKE
_______________________________
CHAIR, Board of Supervisors

ATTEST:
SUSAN PARKER
Clerk of the Board of Supervisors
By: _____________________________

APPROVED AS TO FORM:
ANITA L. GRANT
County Counsel
By: _____________________________