Endangered Species Act 1972 1855 Treaties U.S. and Nez Perce
Total Page:16
File Type:pdf, Size:1020Kb
Harvest Pacific Salmon Treaty (Pacific Salmon Hydro/Habitat Commission - PSC) Federal Columbia River Power System Magnuson Act (Pacific Fishery Biological Opinion Management Council – PFMC) • Dworshak Dam Endangered SpeciesSnake/Columbia Act 1972 summer spill U.S. vs. Oregon Management Agreement • Federal Energy Regulatory Commission • Idaho Power Complex Snake River Synergy is the interaction of elements that when combined produce a total effect that Fall Chinook is greater than the sum of the individual Salmon elements Hatchery Idaho Power Company/Hells Canyon Settlement Agreement Lower1855 Snake River Treaties Compensation U.S. Plan – Publicand Law Nez 94-587, Perce, 99-662, 103-316 NorthwestUmatilla,Yakama Power Act & Warm Springs U.S. vs. Oregon Management Agreement Columbia Basin Treaty Tribes Accords Snake River Falls SEA K 14% PFMC 34% CA NA DA 52% Pacific Salmon Treaty (Pacific Salmon Commission - PSC) Magnuson Act (Pacific Fishery Management Council – PFMC) U.S. vs. Oregon Management Agreement Columbia River Treaty Tribe Harvest Hydro/Habitat Federal Energy Regulatory Commission • Idaho Power Complex Federal Columbia River Power System Biological Opinion & Litigation • Snake/Columbia summer spill Snake River • Juvenile Transportation • Predation Fall Chinook • Estuary Salmon Bonneville Dam 1938 BrownleeIce Harbor Dam 1961 1958 LowerTheOxbow DallesMonumental Dam Dam 1961 1957 Dam 1969 John Day Dam 1971 HellsLittle Canyon Goose DamDam 19671970 Lower Granite Dam 1975 McNary Dam 1954 Warner W. Gardner, Assistant Secretary of the Interior – 1947 on building the Lower Snake River dams “the salmon run must, if necessary, be sacrificed,” adding: “The government’s efforts should be directed toward ameliorating the impact of this development upon the injured interests and not toward a vain attempt to hold still the hands of the clock.” Oxbow Hatchery Lyons Ferry Hatchery Fall Chinook Acclimation Project Nez Perce Tribal Hatchery Snake River Fall Chinook Salmon Hatchery Idaho Power Company/Hells Canyon Settlement Agreement Lower Snake River Compensation Plan – Public Law 94-587, 99-662, 103-316 Northwest Power Act U.S. vs. Oregon Management Agreement Columbia Basin Treaty Tribes Accords Snake River Fall Chinook Salmon Production Goals U.S. vs. Oregon 2008-2017 Management Agreement Funding Source Production Facility Production Capacity 1+ 0+ Oxbow/Umatilla/ Idaho Power Company 0 1,000,000 Irrigon Hatcheries Lower Snake River Lyons Ferry Compensation Plan Hatchery 900,000 2,200,000 (Bonneville Power (Fall Chinook Administration) Acclimation) Bonneville Power Nez Perce Tribal 0 1,400,000 Administration Hatchery Total 900,000 4,600,000 U.S. vs. Oregon Harvest/Production Relationship 1995 agreement – Argument over 18 fish. Parties agreed to constrained in-river fisheries harvest rate on natural Snake River fall Chinook (for all fisheries) Developed abundance based harvest scale. In exchange the agreement provided, for the first time, off-station releases of Snake River fall Chinook above Lower Granite Dam. Release Location in Snake River Basin Upstream of Lower Granite Downstream of Lower Granite 7000000 6000000 5000000 4000000 3000000 2000000 1000000 0 19851987198919911993199519971999200120032005200720092011 Table B4B. 2008-2017 US v Oregon Management Agreement Priority Rearing Facility Number Age Release Location(s) Marking a 225KAdCWT+VIE 1 Lyons Ferry 450,000 1+ On station 225K CWT +VIE 70K AdCWT 2 Lyons Ferry 150,000 1+ Pittsburg Landing 80K CWT only 70K AdCWT 3 Lyons Ferry 150,000 1+ Big Canyon 80K CWT only 70K AdCWT 4 Lyons Ferry 150,000 1+ Captain John Rapids 80K CWT only 5 Lyons Ferry 200,000 0+ On station 200K AdCWT 100K AdCWT 6 Lyons Ferry 500,000 0+ Captain John Rapids 100K CWT only 300K Unmarked 100K AdCWT 7 Lyons Ferry 500,000 0+ Big Canyon 100K CWT only 300K Unmarked 100K AdCWT 8 Lyons Ferry 200,000 0+ Pittsburg Landing 100K CWT only 9 Oxbow 200,000 0+ Hells Canyon Dam 200K AdCWT 10 Lyons Ferry 200,000 0+ Pittsburg Landing 200K Unmarked Direct stream evaluation 11 Lyons Ferry 200,000 0+ 200K AdCWT Near Captain John Rapids 12 Irrigon/ Dworshak 250,000 0+ Transportation Study 250K PIT tag only 13 Lyons Ferry 200,000 0+ Grande Ronde River 200K AdCWT 14 Irrigon/ Dworshak 78,000 0+ Transportation Study 78K PIT tag only 15 Umatilla 200,000 0+ Hells Canyon Dam 200K AdCWT 16 Lyons Ferry 200,000 0+ Grande Ronde River 200K Unmarked 17 Umatilla 600,000 0+ Hells Canyon Dam 600K Ad only Snake River fall Chinook salmon production priorities for Nez Perce Tribal Hatchery – for Brood Years 2008-2017. Production Program Priority Number Age Life History Release Location(s) Marking 100K AdCWT 1 500,000 0+ Standard On station 200K CWT only 200K Unmarked 100K AdCWT 200,000 0+ Early-spawning Luke’s Gulch 100K CWT only 2 100K AdCWT 200,000 0+ Early-spawning Cedar Flats 100K CWT only 100K AdCWT 3 500,000 0+ Standard North Lapwai Valley 200K CWT only 200K Unmarked TOTAL 1,400,000 Subyearlings Snake River Hatchery-Origin Fall Chinook Marking Strategy 40% 35% 37% 30% 25% 23% 24% 20% 15% 10% 10% 5% 6% 0% Ad Clip Only Ad Clip Plus CWT Only PIT Tag Only No Mark CWT Hatchery Facilities and Release Locations Nez Perce Tribal Hatchery Irrigon and Umatilla Hatcheries Oxbow Hatchery Broodstock Collections (~5,000 adults needed to meet full production) Nez Perce Tribal Hatchery Irrigon and Umatilla Hatcheries Oxbow Hatchery Juvenile Rearing Facilities Nez Perce Tribal Hatchery Irrigon and Umatilla Hatcheries Oxbow Hatchery Acclimation Sites Nez Perce Tribal Hatchery Irrigon and Umatilla Hatcheries Oxbow Hatchery Direct Release Locations Nez Perce Tribal Hatchery Irrigon and Umatilla Hatcheries Oxbow Hatchery Surrogate Production Release Locations (Transportation Study) Nez Perce Tribal Hatchery Irrigon and Umatilla Hatcheries Oxbow Hatchery Highly Coordinated and Integrated Hatchery Program • Washington, Oregon, Idaho • Nez Perce & Umatilla Tribes (U.S. v. OR parties) • U.S. Fish & Wildlife Service, NOAA Fisheries, U.S. Army Corps of Engineers • Bonneville Power Administration, Idaho Power Co. • University & private consultant science guys Snake River Bi-Annual Fall Chinook Coordination Meetings Fall Chinook Annual Operation Plan Meeting Salmon In season weekly teleconference – GoTo Meeting Collaborative HGMPs - ESA Section 10 Permits 16607 & 16615 2008-2017 U.S. vs. Oregon Management Agreement “In the event that NOAA seeks to revise the SR fall Chinook supplementation program utilizing its ESA authorities, … NOAA shall meet with all the Parties to analyze the SR fall Chinook supplementation program compared to other actions and conditions that influence SR fall Chinook abundance, productivity, spatial structure and diversity, as well as legal principles, including but not limited to the Tribes’ treaty rights, the States’ interests, the Secretarial Order on ESA and Tribal Treaty rights, the conservation necessity principles and the ESA.” Columbia Basin Treaty Tribes Accords “…The Action Agencies understand that that Tribes’ willingness to accept spill operations as outlined above is directly related to their expectation that the Lyon’s Ferry production program remains stable and substantially unaltered than as currently designed for the term of this Agreement. Should that fundamental expectation be upset, the Tribes will consider this a material change and grounds for withdrawal from the Agreement, and may, after notice to the Action Agencies, advocate for spill actions that deviate from those contemplated in this Agreement…” April 27, 1945 – The Dalles Oregon “The Indian chiefs were all old men, very dignified. Each of the old chiefs came forward, one at a time, shook the colonel’s hand and talked through an interpreter giving the Indians’ story of their dependence on Columbia River salmon, and the serious effect that the building of the dam at The Dalles would have on the Indians’ livelihood. The old chiefs made many references to the Indian Treaty of 1855, the terms of the treaty and the obligations of the U.S. government to uphold the sacredness of the treaty and not build The Dalles Dam.” “The elegance and dignity of the old Indian chiefs in stating the Indians’ case, their choice of words, the beautifully put phrases, excellent prose, their poetic way of using picturesque and yet descriptive speech, was something that no one present would ever forget. The simplicity of the old chiefs’ speech was a moving thing to hear. I was impressed with the respect that the old chiefs were held in by the younger Indians.” “I had never seen anything like it before. After all the old chiefs had spoken, a number of the old women also addressed the colonel, these old Indian women telling the Indians’ side of the story of previous promises, and only receiving broken promises and excuses from the U.S. government. These old women pleaded with the colonel not to let that history from the Indian standpoint repeat itself again.” “After the old chiefs and the old Indian women had all had their say, the good colonel expressed extreme sympathy for the Indians, and wanted them to know that the Army Engineers would have nothing to do with the decision to build a dam at The Dalles, only Congress could do that. As I left the meeting and walked down the stairs, I couldn’t help feeling I had witnessed another bit of history in our government’s dealing with the American Indian, and I was sure of one thing at the time: if local merchants saw a chance to make money through the building of a dam at The Dalles, then nothing as simple as an Indian treaty signed some 90 years before was going to stand in the way.” Hydro/Habitat Harvest Federal Columbia River Pacific Salmon Treaty (Pacific Salmon HydroPower System Biological Opinion Commission - PSC) • Dworshak Dam Magnuson Act (Pacific Fishery • Upper Snake (Idaho Power Complex Management Council – PFMC) FERC Relicensing) U.S. vs. Oregon Management Agreement • Snake/Columbia summer spill Snake River Fall Chinook Salmon Hatchery Idaho Power Company/Hells Canyon Settlement Agreement Lower Snake River Compensation Plan – Public Law 94-587, 99-662, 103-316 Northwest Power Act U.S.