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Columbia Basin Bulletin Issue Summary No. 1:

Salmon and Hydro: An Account of Litigation over Federal Columbia River Power System Biological Opinions for Salmon and Steelhead, 1991-2009

This issue summary offers a historical account of the continual litigation over Columbia Basin salmon and steelhead biological opinions since the first Endangered Species Act listings and summarizes the major issues that have dominated Columbia Basin Salmon recovery since 1991.

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COUNCIL SAYS MANY OF ITS POLICIES INCORPORATED IN DRAFT BIOPS
Posted on Friday, December 14, 2007 (PST)

The Northwest Power and Conservation Council on Thursday signaled its support for the recently released draft biological opinions for the federal Columbia/Snake hydro system and upper Snake irrigation projects, and offered help in implementing the plans for resurrecting threatened salmon and steelhead stocks.

The letter approved in NPCC executive session Wednesday was sent in response to the NOAA Fisheries Service's request for comments on the draft BiOps. Since the vote was taken in executive session, the vote tally was not available. The NPCC is made up of two members each appointed by the governors of Idaho, Montana, Oregon and Washington.

The draft BiOps, when made final, will replace strategies declared illegal in federal court. They describe dam operations, habitat and hatchery measures, predation reduction plans, research monitoring and evaluation and other actions intended to improve survival of fish stocks listed under the Endangered Species Act. The ESA requires NOAA BiOps to evaluate whether federal actions such as the operation of dams and accompanying mitigation package jeopardize listed stocks with extinction.

In court proceedings Wednesday, it was decided that the drafts will be revised and finalized by March 18. NOAA is accepting comments on the drafts through Jan. 4.

"We are pleased NOAA Fisheries has incorporated many of the Council's policies into the draft biological opinions, including portions of the Council's Mainstem Amendments of 2003," according to the two-page letter signed by Council Chair Tom Karier of Washington.

"Your comments about the importance of subbasin plans for developing recovery plans and identifying habitat action opportunities are very welcome," the letter says. "We commend the strong habitat component in the draft FCRPS Biological Opinion, as well as the increased emphasis on the importance of the lower river and estuary and incorporation of performance goals and standards.

"The Council supports continued improvements of fish passage and transport operations within the hydropower system."

"We know the region's expectations are very high for these biological opinions. The Council is prepared to assist the region to implement the biological opinions though our transparent public processes for independent science review, interaction with managers and other local entities, and funding recommendations," according to the Council letter.

The NPCC is charged by the Northwest Power Act with creating a program that protects, mitigates and enhances all fish and wildlife, included listed stocks, impacted by the construction and operation of the federal hydro system.

Much of the BiOp's envisioned habitat work, as well as other measures, will be funded through what the Council calls a Power Act/ESA integrated fish and wildlife program. The Bonneville Power Administration, which markets the federal power generated in the Columbia/Snake hydro system, funds the program.

The NPCC budget is now capped at $143 million for on-the-ground work and research projects and $36 million for capital projects annually. The BiOps promise an increased financial commitment to habitat restoration and protection and to hatchery improvements. Fish and wildlife costs incurred by Bonneville are levied on electricity rate payers.

"To facilitate that integration, we encourage NOAA Fisheries to submit appropriate projects or parts of the biological opinions for consideration by the Council in the program amendment process. Program amendment recommendations are due to the Council by February 1, 2008," the letter says.

"The Council will also help by working with the action agencies and others to ensure the Council's project solicitation and review process will direct funding toward helping primary focal species and addressing high-priority limiting factors in each subbasin."

The letter suggests the appointment of key staff to meet regularly to discuss BiOp implementation.

For more information about the Council go to www.nwcouncil.org

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