Cal. Code Regs. tit. 23 § 3939.22
Early life stages of fish are presumptively present and must be protected at all times of the year, unless the water body is listed in the table titled, "Water Bodies Subject to 30-day Average Objective Applicable to 'ELS absent' Condition" in the Basin Plan or unless a site-specific study justifies applying the ELS absent condition or a seasonal ELS present condition. Any change in the implementation provision for the ELS present/absent condition, including the assignment of water bodies, must be approved through the Basin Plan amendment process.
If recent data and information are submitted to the Los Angeles Water Board that provide clear and convincing substantial evidence that the physical conditions of a water body listed in the table have changed due to restoration efforts such that the water body is "ELS present," the Los Angeles Water Board shall reconsider this implementation provision to ensure protection of ELS of fish in the water body.
To justify the ELS absent provision, information must be presented regarding fish species distributions, spawning periods, nursery periods, and the duration of ELS found in the water body. Expert opinions from fisheries biologists and other scientists will be considered. Where it can be obtained, a consensus opinion from a diverse body of experts would carry significant weight in determining the presence or absence of the ELS. Information on water body temperature, including spatial, seasonal, and inter-annual variability will also be considered. The determination of when ELS are most likely not to be present under chronic toxic conditions that would affect the long-term success of the fish populations should include adequate scientific justification. The Los Angeles Water Board shall use the record supporting a Basin Plan amendment as the basis upon which to approve or disapprove changes to these implementation provisions for the 30-day average ammonia objective. The Los Angeles Water Board shall ensure that the record clearly explains all the factors and information considered in arriving at the determination. The Los Angeles Water Board shall consider and weigh the breadth and depth of scientific evidence in determining whether to remove the ELS specification of a water body.
Where there is a site-specific ammonia objective for the water body and the water body is not identified as ELS absent due to physical characteristics of the water body, separate implementation provisions to protect ELS of fish may apply, since the temperature threshold at which ELS are more sensitive than invertebrates may change based on these site-specific conditions. The potential for seasonality for all ELS present water bodies will be considered before the ELS provision is applied to water bodies with a site-specific objective.
Notwithstanding anything to the contrary herein, a watershed may have some reaches and tributaries with ELS present conditions and others with ELS absent conditions. Implementation actions to achieve applicable ammonia objectives must implement downstream objectives.
Cal. Code Regs. Tit. 23, § 3939.22
2. New subsection (b) summarizing amendment to basin plan filed 5-12-2008; amendment approved by State Water Resources Control Board Resolution No. 2008-0004 on 1-15-2008; amendment approved by OAL pursuant to Government Code section 11353 on 5-12-2008 (Register 2008, No. 20).
2. New subsection (b) summarizing amendment to basin plan filed 5-12-2008; amendment approved by State Water Resources Control Board Resolution No. 2008-0004 on 1-15-2008; amendment approved by OAL pursuant to Government Code section 11353 on 5-12-2008 (Register 2008, No. 20).