Federal Court rejects NW salmon recovery effort

 

By John Hay Rabb
BASS Times, Aug. 2005

 

Because the government's salmon recovery plan does not adequately address habitat issues, the future of native salmon stocks in the Pacific Northwest remains uncertain. (Photo courtesy of USFWS)

WASHINGTON, D.C. — As a result of two recent federal court decisions, the federal government's $6 billion salmon recovery plan for the Pacific Northwest is in jeopardy and must be significantly altered before comprehensive recovery efforts can resume.

A federal judge has ordered representatives for the government and a coalition of conservation organizations to meet with him in September to discuss the future course of salmon recovery efforts in the Columbia and Snake rivers.

Meanwhile, salmon and steelhead in the two rivers will be forced to once again endure low water and high temperatures, as drought conditions persist in Idaho and Washington.

The U.S. government is required to formulate, fund and implement a long-term salmon recovery plan for the Columbia and Snake rivers. This effort has been underway for several years. The goal is to establish robust, self-sustaining salmon and steelhead populations. If this objective is achieved, the Snake River salmon could be removed from the Endangered Species List (ESL), which they were placed on in 1991.

In May 2003, Federal Court Judge James Redden invalidated the government's existing salmon recovery plan and directed the preparation of a new plan. The new plan was submitted late last year. But the court also rejected that plan in late May.

In his decision, Judge Redden declared that an important part of the plan — the biological opinion — was seriously flawed. The biological opinion, prepared by the National Oceanic and Atmospheric Administration (NOAA), analyzes the likely biological effects of the government's salmon recovery plan. Redden said that the opinion should have considered the likely effects of existing dams and irrigation projects on the recovering salmon population. He also declared that the plan did not properly analyze critical salmon habitat, nor did it adequately evaluate the prospects for the recovery of the salmon population.

Conservation groups applauded the May 26 ruling and criticized the Bush administration's approach to salmon recovery.

Earlier this year, the National Wildlife Federation and several other conservation groups filed suit against the government. The plaintiffs sought withdrawal of the now-rejected biological opinion, a 10 percent increase in river water velocity to flush salmon to the ocean, and the "spill" of water over four dams in order to increase summer water levels. Judge Redden did not approve the water velocity motions, but he did grant the motion to require summer spillage over the Lower Granite, Little Coos, Lower Monumental and Ice Harbor Dams on the Snake River, and the McNary Dam on the Columbia River. The judge said his ruling was "necessary to avoid irreparable harm to juvenile fall chinook and other listed [salmon] species."

The executives in charge of the Federal Columbia River Power System issued a statement objecting to the judge's ruling. "We are extremely concerned," said the executives, "that the [decision] provides no guarantee for the improvement of salmon stocks, and & it could make things worse."

The Bonneville Power Administration (BPA) estimated that the summer spill will cost electricity ratepayers approximately $67 million, a figure the conservation organizations dispute. The government has appealed the court's decision.

U.S. Justice Department attorney Fred Disheroon described a possible option for the government in the event that the appeal is denied. According to Disheroon, the Endangered Species Act empowers the president to ask seven cabinet members to review ESA cases. The cabinet members would then be instructed to emphasize economic concerns over other factors in the resolution of ESA issues.

In spite of the recent court decision, NOAA official Bob Lohn emphasized that the government's "salmon restoration activities will continue full speed ahead." He said the government plans to spend more than $200 million this year on a variety of salmon restoration initiatives.

"The bottom line on salmon recovery," Lohn said, "is that the administration is committed to achieving recovery and is not waiting for the court cases to be resolved before proceeding."

 


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