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January
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The tide may be turning for salmon
In the battle over salmon recovery, it's no
longer about inconveniencing humans.
By Paul VanDevelder
PAUL
VANDEVELDER, author of "Coyote Warrior: One Man, Three Tribes
and the Trial That Forged a Nation," is at work on a new book,
"Savages and Scoundrels," for Yale University Press.
February 4, 2007
AS THE little hand on the extinction clock for salmon
on the West Coast ticks toward zero hour — 2017, according to
fisheries biologists — battle-weary parties in the almost
20-year-old dispute over how to rescue the fish now agree on one
thing. With fish counts bumping historic lows, the entire West Coast
salmon fishing industry shut down in 2006 to preserve dwindling
stocks, and the price of wild salmon soaring to $30 a pound, the
human contest over the salmon's survival has reached its endgame.
Since the Snake River coho salmon were declared extinct in the late
1980s, the players in the "salmon wars" have remained
remarkably constant. State governments, fisheries biologists, Indian
tribes, conservation groups and fishermen have all backed salmon
recovery. In addition to generating billions of dollars in revenue
in communities from Central California to the Canadian border,
salmonids are the coastal ecosystem's "keystone" species
on which more than 500 others — wolves, bears, chipmunks, otters
and fish eagles, to name some — depend for their survival. Remove
the salmon, say marine biologists, and the whole system collapses.
On the other side of the salmon wars are the hydropower and aluminum
industries, commercial irrigators, inland wheat farmers and barge
operators, whose livelihoods depend on cheap power, cheap water and
cheap transportation made possible by dams on the Columbia, Snake
and Klamath rivers. On balance, the latter interests have had the
upper hand.
Despite important victories in court for advocates of salmon
recovery, fish counts on these rivers have continued to fall. But in
June, there were signs that the tide of the battle may be shifting.
Setting a deadline of this July, U.S. District Judge James A. Redden
gave the federal government one last chance to produce a recovery
plan that would meet its legal responsibilities under the Endangered
Species Act. Struggling to contain his ire, Redden told reporters
that the government's previous three efforts — two put forth by
the Clinton administration, one by the Bush administration — to
rescue salmon had been "made sick" by political
quarreling. In the 15 years since the National Marine Fisheries
Service and the government began writing "biological
opinions" that would serve as the scientific foundation of
strategies to save the salmon, legislative and judicial squabbling
and stalling had brought 13 salmon stocks to the brink of
extinction.
Redden ordered the Bonneville Power Administration, the semi-federal
agency responsible for generating and distributing hydropower
generated in the Columbia River basin, to spill water from five of
its dams. At the very least, the spills would help juvenile salmon,
otherwise trapped in warm water behind the dams, to reach the sea. A
few weeks after the order, the National Marine Fisheries Service, in
a last-ditch effort to save the Klamath River salmon, declared the
moratorium on all commercial salmon fishing off the coasts of
Northern California, Oregon and Washington state.
Power officials, irrigators, barge operators and their Republican
allies in Congress raced to microphones with ridiculous predictions
of doom for the fish migrating upstream in the fall and gloom for
consumers because the forced "drawdowns" would result in
$46 million in electricity rate hikes.
As it turned out, the hysteria, whipped up by such politicians as
Sens. Larry Craig (R-Idaho) and Gordon Smith (R-Ore.), over Redden's
order to release water amounted to silliness. Juvenile fish counts
soared in the late summer and fall of 2006, increasing year over
year by 40%, and the power agency ended up saving money, thanks to
heavy spring runoff.
Nevertheless, Craig, the National Hydropower Assn.'s legislator of
the year in 2002, sought to undercut Redden's authority by attaching
a provision to a water bill in Congress that would end funding for
the federal Fish Passage Center. The center, created by Congress in
the 1990s, is the only agency that monitors the fish counts used to
assess the welfare of endangered species. Despite protests from
salmon-dependent tribes and states, the water bill containing
Craig's provision passed. The agency was dismantled. As fish counts
"went dark," the Yakima tribe filed suit against the
Bonneville Power Administration, whose budget had included the
data-collecting agency, to bring back the Fish Passage Center.
A week and a half ago, the U.S. 9th Circuit Court of Appeals ruled
that Craig's measure "was arbitrary, capricious and contrary to
law." The panel of judges ordered the power agency to restore
the Fish Passage Center.
Then Wednesday, the Department of the Interior surprised both sides
of the salmon wars when it announced that Warren Buffett's
Portland-based PacifiCorp, owner of four hydroelectric dams on the
Klamath River, would have to install $470 million worth of
fish-friendly apparatus as a condition of its license renewal to
operate the dams. Because PacifiCorp's only other option is dam
removal, estimated to cost $100 million less than the improvements,
the decision means that the four dams, in all likelihood, will be
destroyed. Short-term, PacifiCorp will lose an estimated $27 million
a year in ratepayer receipts. Long-term, a healthy salmon fishery
will produce billions of dollars in revenue for coastal communities.
In the Columbia River basin, the last hope for dam defenders is to
find a judge willing to remove Redden from the case. But the
prospects for that happening are dim because the judge has compiled
a record of fairness and restraint on the issue.
When that effort fails, the path to salmon recovery may thus finally
be cleared of political debris and legal hurdles. In the basin,
which includes the Snake River, Redden is the one man in the country
who has the authority to take charge of the rivers' management, and
he awaits the White House's final report. If the fourth plan for
salmon recovery doesn't measure up, the judge has stated in plain
English that he will step into the river and take the fish by the
gills. At that point, all options for the Snake River salmon,
including the solution recommended by leading fisheries biologists
— dam removal — will be on the table.
Against this backdrop, the battle over salmon recovery has, in one
important respect, ceased to be merely about fish counts. For the
defenders of the dams, it was a test of man's dominion over natural
resources and the logic of the marketplace. For the defenders of the
fish, it was a test of our willingness to curb our appetite for a
comfort of civilization to ensure the survival of another species.
If we can't do this for the salmon, they ask, what species,
including ours, can call itself safe?
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NOTE: In accordance with Title 17 U.S.C. section 107, any
copyrighted
material herein is distributed without profit or payment to
those who have
expressed a prior interest in receiving this information
for non-profit
research and educational purposes only. For more information
go to:
http://www.law.cornell.edu/uscode/17/107.shtml
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