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The Salmon Summit1 THE SALMON SUMMIT1 Introduction The story of the Salmon Summit is the prologue to a story that will continue unfolding in the halls of Congress, federal agencies and the courts for years to come. It describes an effort to collaboratively develop a plan that would protect several species and subspecies of salmon in the Pacific Northwest, thereby precluding the necessity of having the species listed under the Endangered Species Act. Since the species were ultimately listed, the periodic collaborations that continue under the guise of the Salmon Summit are focused on developing a viable recovery plan for the various species. The plight of the Pacific Northwest salmon species is not a new issue. In fact, during the 1980's, more than $1.5 billion was spent on solving the problem, without much success. The issue is made more complex by the unique claims and rights of Indian tribes to the fishery resource. The issue is also fraught with tensions between the federal government and regional interests, with regional interests striving hard to maintain their control over the issue. It is clear to all involved that if nothing is done soon to protect the remaining salmon, then the various species will go extinct. Background The Columbia River Basin and the Salmon The Columbia River has its headwaters in Canada and is over 1250 miles long (see Figure 1). Its main tributary, the Snake River, is over 1000 miles long, and the total length of the Columbia and its tributaries is about 14,000 miles. The entire Columbia River basin is larger than the country of France, covering 260,000 acres. This system is the second largest navigational transportation system in the U.S. (the Mississippi is the largest), and it carries a quarter-million cubic feet of water per second to the Pacific Ocean. There are 136 hydroelectric power dams along the 1250 mile long Columbia, and only 44 miles of river still openly run free. The Pacific salmon, as a set of five different species, is approximately nine million years old. These five species of salmon are the chinook (king), coho (silver), sockeye (red), chum (dog) and pink (humpy). After several years at open sea, salmon travel upstream to spawn, sometimes hundreds of miles, to return to the spot where they were hatched. After spawning, the salmon die. When young salmon (also known as smolt) hatch, they travel downstream to 1 This case was written by J. Alan Clark and Rachel Selk. Source: Steven L. Yaffee and Julia M. Wondolleck, Negotiating Survival: An Assessment of the Potential Use of Alternative Dispute Resolution Techniques for Resolving Conflicts Between Endangered Species and Development (Ann Arbor, MI: School of Natural Resources and Environment, The University of Michigan, September 1994), a report prepared for the Administrative Conference of the United States. The Salmon Summit Case #3 - 2 the Pacific Ocean and remain at sea until it is time for them to go upriver to spawn. This cycle has continued for hundreds of thousands of years. The Salmon Summit Case #3 - 3 Figure 1: The Columbia River Basin Source: Seattle Times, March 31, 1991 The Salmon Summit Case #3 - 4 Around the turn of the century, between 11 and 16 million wild salmon would leave the Pacific Ocean annually and travel up the Columbia River and its tributaries. In contrast, during 1991, 2.5 million salmon were expected to travel up the Columbia for spawning. Only 300,000 of these are wild salmon; the rest were hatchery raised. About half of the wild salmon runs in the Columbia River and its main tributary, the Snake River, are already extirpated. There are presently a little more than 200 runs remaining in the Columbia basin, and between 75 and 200 of these runs are thought, by some groups, to be on the verge of extinction. The two main causes of the declines in salmon run populations are hydroelectric power dams and fishing. There are two different situations which cause hydroelectric power dams to have such a devastating effect on salmon populations. First, adult salmon find it much more difficult to make the traditional trip upstream when dams block their path. Presently, 50% of adult salmon are killed trying to get by the dams. In the case of the recently listed Snake River sockeye salmon, the 900-mile trip to its spawning ground used to take about nine days; today, the same migration takes about six weeks. The other major mortality factor concerns the downstream migration of smolts out to the Pacific Ocean; between 90 and 97 percent never make it to the sea. Though fish ladders were built into a number of the Columbia system dams to assist the upstream migration of adult salmon, the downstream migration of the smolts was never considered. Many smolts are ground up in the giant turbines of the power dams. Others survive the turbines, but, because they are dazed from the experience of passing through the turbines, they become easy prey for natural predators such as birds. Additionally, because dams halt the natural flow of water, water temperatures become elevated by as much as 15 to 20 degrees, which kills the smolts. Finally, whereas the downstream trip historically took only a few days, the same trip today takes over a month. The increased length of time it takes to get to the ocean proves fatal for many of the remaining smolt as their physiology begins to change from that of a freshwater to a saltwater fish long before they reach the ocean. Political Concern Develops Over Salmon The first review of populations of salmon under the Endangered Species Act (ESA) began in 1973. In 1977, the suspected declines in salmon populations were documented: summer chinook - down 75%, spring chinook - down 50%, Snake River fall chinook - down 90%. The review estimated that smolt losses through the eight major dams were 95%. In response, the National Marine Fisheries Service (NMFS) began the process of protecting Columbia River Salmon under the ESA in 1979. Congress realized that a listing under the ESA would exacerbate the full-scale water war already raging in the region. In 1980, to avoid more controversy, Congress had NMFS drop the petition process in lieu of their passage of the Northwest Power Act which created a regional commission called the Northwest Power Planning Council (the Council). One of the The Salmon Summit Case #3 - 5 Council's primary tasks was to protect, mitigate and enhance fish and wildlife affected by hydroelectric power development on the Columbia and its tributaries. From 1980 to 1990, the Council, through utility companies, spent over one billion dollars on attempts to restore and preserve salmon runs. Despite these huge expenditures, the salmon runs continued to deteriorate. In 1983, commercial chinook salmon harvests hit an all-time low. In 1987, the Council declared the Snake River coho salmon extinct and listed 22 other Snake River stocks as being in jeopardy. The decline in salmon runs is most dramatically demonstrated by the fate of the Snake River sockeye salmon. This salmon travels further to spawn than any other salmon; the trip is over 900 miles inland and climbs more than 6,500 feet. The sockeye spawns at a higher altitude than any other salmon. In 1988, four Snake River sockeye salmon were spotted at its traditional spawning grounds. In 1989, only two salmon crossed the Lower Granite Dam on their way to Red Fish Lake in Idaho. They were both female. In 1990, only one crossed the same spot, but, apparently, the lone survivor never made it to the spawning grounds. The Petitioning Process Begins On March 30, 1990, the Shoshone-Bannock Tribes petitioned NMFS to list the Snake River sockeye salmon under the ESA. Two months later, Oregon Trout, along with several other environmental organizations petitioned NMFS to list four other salmon runs. Two weeks after the Shoshone-Bannock Tribes filed their petition and two weeks before Oregon Trout's already announced petitions were filed, Senator Mark Hatfield (R-OR) requested that NMFS conduct a study to provide an immediate assessment of the probability of success for listing these salmon runs under the ESA. Senator Hatfield announced that any listings under the ESA would have the potential of becoming, politically speaking, another "spotted owl." On June 4, 1990, seven weeks after Senator Hatfield's study was requested, the results were released. The study showed that there were, indeed, significant declines in the wild runs of Columbia and Snake River salmon. The next day, NMFS ruled that the petition filed by the Shoshone-Bannock Tribes presented substantial information indicating that the petitioned action might be warranted; the first hurdle to be crossed in a successful listing under the ESA. On September 11, NMFS made the same finding for the four runs petitioned by Oregon Trout. Recalling the lack of economic impact assessments during the spotted owl controversy, Senator Bob Packwood (R-OR) asked the Government Accounting Office (GAO) to study the potential economic consequences of classifying these salmon runs in the Columbia or Snake Rivers as threatened or endangered. Packwood also noted that the salmon controversy could generate more controversy than did the northern spotted owl and asked that GAO complete its economic analysis by July 1991. The Salmon Summit The Salmon Summit Case #3 - 6 In response to the petitions and NMFS' findings, Senator Hatfield called for the creation of the Salmon Summit, the goal of which would be the writing of a comprehensive plan for restoring fish lost to hydroelectric power and other industries by February 1, 1991, two months before NMFS was required to decide whether to list the first of the petitioned salmon runs.
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