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Tribes, Federal Agencies Sign 'Columbia Basin Fish Accords' Resulting From BiOp Remand
Posted on Friday, May 09, 2008 (PST)

Four Columbia River basin tribes and three federal agencies say years of divisiveness over salmon recovery efforts in the Columbia River Basin ended May 2 with the signing of agreements designed to deliver specific, scientifically valid biological benefits for the region's fish.

The signing of the "Columbia Basin Fish Accords" was celebrated with traditional tribal ceremonies at a place of cultural significance in the Columbia River Gorge near Dallesport, Wash.

The agreements are designed to supplement biological opinions for listed salmon and steelhead and the Northwest Power and Conservation Council's fish and wildlife program, according to a press release announcing the signings. They provide firm commitments to specific operations and actions within the federal hydro system, habitat and hatchery actions; greater clarity about biological benefits and secure funding for 10 years.

The agreements coincide with NOAA Fisheries' release Monday of its latest Endangered Species Act "biological opinions" -- for the Columbia-lower Snake rivers' Federal Columbia River Power System, for upper Snake River irrigation projects and for Columbia River basin salmon and steelhead harvests.

The BiOps are required to judge whether federal "actions" -- such as dam operations -- jeopardize the survival of ESA listed salmon and steelhead. They have in the past includes off-site measures such as habitat restoration to mitigate for negative hydro system impacts on listed stocks.

That tradition is carried forward in the new BiOps. The federal agencies rely on survival improvements stemming from many of the habitat restoration and protection and hatchery projects described in the tribal agreements to buttress the BiOp.

The agreements were reached as a follow-up of discussions that took place during a two-year "collaboration" ordered by the U.S. District Court of Oregon. Judge James A. Redden in May 2005 declared NOAA's 2004 FCRPS BiOp illegal and ordered that it be rewritten. While federal agencies made the final decisions in the ESA's BiOp consultation process, Redden required that the views of states and tribes be considered.

The agreements resulting from those remand discussions were signed at Columbia Hills State Park, a historical village and fishing site where, carved into the rocks above, is "Tsagaglalal," or "She Who Watches." Tribal legend explains that Tsagaglalal was turned into stone so she could remain at her village to watch over the river and its people for eternity

"It gives us great pride and hope to be in this special place, with the spirit of Tsagaglalal watching us - our witnesses to this day, hearing us say that through these accords we commit to doing more to protect and restore the region's fish populations," said Fidelia Andy, tribal council member for the Yakama Nation and chair of the Columbia River Inter-Tribal Fish Commission.

"These accords move the focus away from gavel-to-gavel management and toward gravel-to-gravel management," said Steve Wright, BPA administrator. "By putting litigation behind us and putting actions to help fish in front of us, we will better ensure that Columbia Basin fish will benefit."

The proposed agreements and corresponding public comment period were first announced April 7, and the signings signaled the successful completion of that process.

The agreements were harshly criticized by the state of Oregon and by the fishing and conservation groups that had successfully challenged the 2004 BiOp. Oregon Gov. Ted Kulongoski said "the MOA cannot shield the federal government's legal liabilities under the ESA" and said a BiOp relatively unchanged from draft to final would likely force litigation. The fish and conservation groups said the draft was neither legally or biologically sound.

The comments were taken into account, but "we didn't see anything that would substantially change what's proposed," said BPA spokesman Scott Simms.

The agreements guarantee nearly $1 billion in project funding over the next 10 years. They also make the pledge that the four tribes will not challenge in court or elsewhere the federal government's new ESA salmon protection strategies. In separate fish and wildlife funding agreements, the states of Idaho and Montana make that same pledge.

The agreements say the involved parties agree that the federal government's requirements under the ESA, the Clean Water Act and the Northwest Power Act are satisfied for 10 years and that they would work together to support these agreements in all venues.

Signing the agreements were three federal action agencies: the Bonneville Power Administration, U.S. Army Corps of Engineers and the Bureau of Reclamation. The Corps and Bureau operate and maintain the FCRPS and upper Snake dams. BPA sells the power generated at the projects.

The FCRPS action agencies have agreements with the following tribes and tribal entities:

-- The Confederated Tribes of the Umatilla Indian Reservation

-- The Confederated Tribes of the Warm Springs Reservation of Oregon

-- The Confederated Tribes and Bands of the Yakama Nation

-- The Columbia River Inter-Tribal Fish Commission

-- The Confederated Tribes of the Colville Indian Reservation.

The tribes and federal agencies say they will immediately move forward with new projects, as well as continuing existing projects, throughout the Columbia River basin.

The agreement says that BPA spending for the new/expanded projects will be "ramped up" with about one-third of the average planning level spent in fiscal year 2008, which began Oct. 1. For fiscal year 2009, implementation is expected to be up to 75 percent of the average planning level, with full planning levels expected for most new/expanded projects starting in fiscal year 2010.

BPA will fund much of planned work with revenues from is wholesale power customers. The federal power marketing entity has estimated the spending package could push up rates by as much as 4 percent.

Under these agreements, the federal agencies and tribes will work together as partners "on the ground" to provide tangible survival benefits for salmon recovery -- by upgrading passage over federal dams, by restoring river and estuary habitat, and by creative use of hatcheries. They will also advocate for the agreements in other regional forums.

The fish and wildlife projects outlined in the agreements aim to improve survival of listed salmon and steelhead stocks, but also focus on non-listed species such as Pacific lamprey. The Corps, which operates Columbia and Snake river hydro projects, plans implement adult and juvenile passage improvement measures for lamprey.

"Pacific lamprey are immensely important to our region," said Witt Anderson, Corps program director. "Our planned passage improvements for the benefit of lamprey are but one example of the holistic approach to fish recovery being taken by partners to these accords."

Tribal leaders said the agreements represented a breakthrough in many respects.

"These fish accords respect the sovereignty of the tribes. They break from the history of federal agencies developing a plan themselves, and then telling the tribes what they would or could provide for salmon. This did not work. Misunderstandings, hard feelings, and litigation are what we produced," said Ron Suppah, chairman of the Confederated Tribes of the Warm Springs Reservation of Oregon. "The foundation of these accords is respect among sovereigns -- respect for the expertise and authority of the tribes."

"The Umatilla Tribe has long recognized that collaboration and partnerships are essential to salmon recovery. Each one of us brings something special and unique to this agreement. It's this diversity of resources and knowledge that will be instrumental to our success," said Antone Minthorn, chairman of the Confederated Tribes of the Umatilla Indian Reservation

"The Umatilla Tribe knows this to be true based on demonstrated success of restoring salmon to the Umatilla River. I am hopeful that the next ten years will see great strides in the health of the Columbia River Basin, the salmon, and those who depend on their existence."

"Cooperation will be the nature of our relationship recognizing that both fish and hydroelectric power are important to the Yakama Nation and to the people of the Northwest." said Ralph Sampson, Jr., chairman of the Confederated Tribes and Bands of the Yakama Nation

"We think these accords are a turning point in the way people in the basin address fish recovery and we look forward to being an integrated part of this strong partnership," said Mike Marchand, chairman of the Confederated Tribes of the Colville Indian Reservation. "This finally brings funding for projects to the fish of the upper Columbia. In the past, all production measures were put out of reach of the Colville people. These accords bring fish back to the Colville people."

For specific details of the accords and the types of projects involved, go to www.critfc.org and www.salmonrecovery.gov


 

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