Tag Archives: endangered species act

Biop Says Corps Must Provide Downstream Salmon Passage At Upper Green River Dam

What goes up must come down, and in the case of King County’s Green River, that requires building downstream fish passage infrastructure at Howard Hanson Dam.

AN ARMY CORPS OF ENGINEERS AERIAL IMAGE SHOWS HOWARD HANSON DAM ON THE UPPER GREEN RIVER. A BIOP REQUIRES THAT DOWNSTREAM FISH PASSAGE BE BUILT AT THE FACILITY TO AID ESA-LISTED CHINOOK, STEELHEAD AND ORCAS. (COE)

Earlier this month, federal fishery overseers issued a new biological opinion that found the Corps of Engineers had to help ESA-listed juvenile Chinook and steelhead get from the 100 miles of spawning habitat above the project to the waters below there.

That “Reasonable and Prudent Alternative” to collect the young fish would not only improve the viability of both populations but also help out the region’s starving orcas.

“Because (Puget Sound) Chinook salmon are an essential prey base for Southern Residents … the higher (Puget Sound) Chinook salmon abundance provided by access to the upper watershed would also contribute to the survival and recovery of killer whales,” NOAA’s biop states.

Downstream passage would also build upon Tacoma Water’s existing facilities that can provide a lift for returning adult salmon and steelhead arriving at the utility’s diversion dam 3 miles below the reservoir, as well as link in with fish habitat work being done in the lower, middle and upper watershed of the Central Cascades river that flows into Seattle’s Elliott Bay.

“Assuming 75% of the annual production upstream from (Howard A. Hanson Dam) would survive passage and be recruited into the adult population were safe and effective downstream passage provided, we estimate that an additional 644 natural origin spawners would return to the Green River from production areas upstream of HAHD. Adding the potential production from the upper Green River to the 1,288 spawners returning from production downstream from HAHD gives a total Green River escapement of 1,932 natural origin spawners returning to the Green River. About 36% of the Chinook salmon returning to the Green River are harvested,” the biop states.

In a press release, the Engineers’ Seattle District Commander Col. Mark Geraldi said that improving fish passage at its project is “a priority” for the federal agency.

“This is a project we’ve been working on. NOAA Fisheries’ BiOp provides us crucial guidance and design criteria to follow as we forge ahead,” Geraldi said.

WITH THE GREEN-DUWAMISH IDENTIFIED AS A KEY SOURCE OF CHINOOK FOR PUGET SOUND ORCAS, PLANS ARE IN THE WORKS TO NOT ONLY INCREASE HATCHERY PRODUCTION BUT PROVIDE ACCESS AROUND A PAIR OF DAMS FOR RETURNING ADULTS TO GET TO THE UPPER WATERSHED AND SPAWN. (ANDY WALGAMOTT)

Essentially, the biop tells the Corps to get back to work on a project they began in the early 2000s after consulting with NOAA, spent tens of millions of dollars drawing up, but then “abandoned its commitment to construct them” as Congressional funding ran out in 2011 and wasn’t reauthorized.

That led to a reopening of consultations and downstream fish passage being left out of the Corps’ 2014 biological assessment for operating the project.

NOAA found that that was likely to harm kings, steelhead and orcas and instead came up with the biop’s RPA and a target of February 2031 for the Corps to have the new facility’s bugs worked out and be operating for that spring’s smolt outmigration.

“We’re optimistic that new fish passage at Howard Hanson Dam, with continued habitat restoration in the more developed lower and middle Green River, will boost fish populations toward recovery,” said Kim Kratz, a NOAA Assistant Regional Administrator, in a press release.

Congress will need to provide the funds for the Corps, which is also spending $112 million trap-and-haul facility at Mud Mountain Dam, in the next major watershed to the south of the upper Green.

WDFW Fish-Hunt Fee Hike, Other Bills Introduced In Olympia

The Olympia Outsider™ almost didn’t file an update this week after — true story — messing up his shoulder really bad while swiping his bus pass on the card reader as he boarded the 41.

The pain!!!!!!!

But duty calls, and so with the muscle relaxants kicking in, here are fish- and wildlife-related bills that Washington lawmakers have introduced this week, as well as a pair three (good grief) that he totally missed from earlier in the session.

Bill: HB 1708 / SB 5692
Title: “Concerning recreational fishing and hunting licenses.”
Sponsors: Reps. Blake, Fitzgibbon, Springer, Irwin, Chandler, Robinson, Riccelli, Lekanoff, Dye, Jinkins, Tarleton / Sens. Rolfes, McCoy, Takko, Wellman
Note: By request of WDFW
Bill digest: Not available, but this is the agency’s fee increase bill and while it would add 15 percent to the base cost for resident fishing and hunting licenses, by request of the Fish and Wildlife Commission it also includes a cap on how much more you’d end up paying overall. “It’s $7 on any combination of fishing licenses,” says Raquel Crosier, WDFW’s legislative liaison. “No fisherman will pay more than $7 more and hunter more than $15 more.” It pushes the age that kids first have to buy a fishing license from 15 to 16 and gives the commission authority to institute small surcharges after two years “to fund inflationary and other increased costs approved by the legislature in the biennial budget.” That could potentially mean “more frequent but smaller adjustments” to the cost of licenses compared to the effect of this bill, which would increase prices for the first time since 2011.

OO analysis: This is the second fee bill WDFW has floated since 2017 and Crosier is optimistic this one will do better than the last one. “It’s getting a lot more positive reach, at least in Olympia,” she notes, adding that some Republicans have even consponsored it this go-around. Overall, the agency is looking for a $67 million budget bump from lawmakers, with about three-quarters of that coming from the General Fund to make up for cuts from it since the Great Recession that haven’t been fully restored. It will be interesting to watch who testifies and what they say when the bills make it to a public hearing.


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Bill: HB 1784
Title: “Concerning wildfire prevention.”
Sponsors: Reps. Kretz, Blake
Bill digest: None available but essentially adds “wildfire fuel breaks” to the tools land managers have for preventing catastrophic blow-ups on public ground.
Olympia Outsider™ analysis: Can’t say the OO is against taking better care of areas that also function as critter habitat. A recent DNR blog highlighted how tree thinning and preventative burning on WDFW’s Sherman Creek Wildlife Area and elsewhere nearby helped keep parts of last summer’s Boyds Fire on the forest floor instead of crowning out as it did elsewhere in burning over 4,000 acres.

SEA LIONS GATHER INSIDE THE MOUTH OF THE COWEEMAN RIVER AT KELSO, MOST LIKELY FOLLOWING THE 2016 RUN OF ESA-LISTED EULACHON, OR SMELT, UP THE COLUMBIA RIVER. (SKYLAR MASTERS)

Bill: HB 1824
Title: “Addressing the impacts of pinnipeds on populations of threatened southern resident orca prey.”
Sponsors: Reps. Young, Kloba, MacEwen, Vick, Irwin, Chambers, Lovick, Tarleton
Bill digest: None available, but requires WDFW to file a permit with federal overseers “for the maximum lethal take of sea lions in order to enhance the survival or recovery of salmon species protected in Washington,” meaning ESA-listed Chinook which are a key feedstock for starting orcas.
OO analysis: The bill has cosponsors from both sides of the aisle, including the woman who represents the Ballard Locks, where Herschell et al et all of Lake Washington’s steelhead — see what I did there? California sea lions are at their habitat’s capacity, and a recent analysis estimated that the marine mammals as well as harbor seals and northern orcas have increased their consumption of Chinook from 5 million to 31.5 million fish since 1970. Between that and decreased hatchery production, there are fewer salmon available for SRKWs, not to mention fishermen. While thanks to recent Congressional action, WDFW is already applying for authorization to take out sea lions on portions of the Columbia and its tribs, this appears to call for a broader permit and without all the bother of RCW 43.21C.030(2)(c), something something something about big reports on environmental impacts something something. (Sorry, the Methocarbosomething something is kicking in pretty nicely.)

Bill: HB 1662 / SB 5696
Title: “Concerning payments in lieu of real property taxes.”
Sponsors: Reps. Dent, Springer, Kretz, Blake, Dye, Tharinger, Chandler, Fitzgibbon, Peterson, Fey, Corry, Dufault, Young /  Sens.
Bill digest: None available but according to Crosier it essentially would mirror the way DNR pays counties through the state treasurer, allowing WDFW to more fully compensate counties for the million or so acres it has taken off local tax rolls as it has purchased farms, ranches and timberlands for wildlife areas. Crosier says it sets “a more consistent methodology and pay rate.”
OO analysis: If your eyes are as glazed over as the OO’s, we don’t blame you because this PILT bill is boring as hell, but could be helpful in restoring peace in counties where WDFW land ownership has caused friction and more critter habitat is needed.

THE 4-O WILDLIFE AREA IN ASOTIN COUNTY. (ANDY WALGAMOTT)

Bill: HB 1261 / SB 5322
Title: “Ensuring compliance with the federal clean water act by prohibiting certain discharges into waters of the state.”
Sponsors: Reps. Peterson, Fitzgibbon, Stanford, Tarleton, Ortiz-Self, Lekanoff, Doglio, Macri, Pollet /  Sens. Palumbo, Carlyle, Wellman, Hunt, McCoy, Hasegawa, Kuderer, Nguyen, Saldaña
Bill digest: “Specifies that a discharge to waters of the state from a  motorized or gravity siphon aquatic mining operation is subject to the department of ecology’s authority and the federal clean water act.” Per a press release from Trout Unlimited, which is supporting the bills, the bills would “ban suction dredge mining in Endangered Species Act-designated Critical Habitat for listed salmonids.” Those watersheds include most of Puget Sound; the Cowlitz and other Lower Columbia tribs; Middle and Upper Columbia tribs in Eastern Washington; and Snake River tribs, so, much of the state outside the OlyPen and South Coast river systems.
OO analysis: We’d blame the muscle relaxers for overlooking this pair of bills, but they were actually dropped well before the OO suffered his grievous muscle something something. They’ve been routed to House and Senate environmental committees, where they will have public hearings early next week. Even with mining in my family history, the OO tends to side with fish these days — if the stocks need protection from even catch-and-release angling, they should probably have their habitat protected a little more too.

IMAGES FROM AN INTENT TO SUE NOTICE FROM SEVERAL YEARS AGO ILLUSTRATE TWO ORGANIZATIONS’ CLAIMS THAT WASHINGTON’S SUCTION DREDGING REGULATIONS WEREN’T ENOUGH AT THE TIME WHEN IT CAME TO PROTECTING ESA-LISTED FISH SPECIES.

Bill: HB 5597
Title: “Creating a work group on aerial pesticide applications in forestlands.”
Sponsors: Sens. Rolfes, Saldaña, McCoy, Conway, Hasegawa
Bill digest: Unavailable, but per the bill, it would establish a work group comprised of representatives from various state agencies, timber and environmental interests, among others, “to develop recommendations for improving the best management practices for aerial application of pesticides on state and private forestlands.”
OO analysis: Another bill from a couple weeks ago that the OO totally missed (possibly because he was enveloped by a cloud sprayed on the clearcut he reports all this stuff from), but will be an interesting one when it has a public hearing Feb. 7.

AS FOR OTHER BILLS THE OLYMPIA OUTSIDER™ HAS REPORTED ON so far this session, here’s a snapshot of those that have moved one way or another.

HB 1036, South Coast hatchery salmon production — hearing today in House Committee on Rural Development, Agriculture, & Natural Resources.

HB 1061, Designating razors as the state clam — an open-and-quickly-closed public hearing was held by the House Committee on State Government & Tribal Relations .

HB 1230, Making more disabled sportsmen eligible for discounted licenses — hearing held and executive session scheduled today by House Committee on Rural Development, Agriculture, & Natural Resources.

SB 5100, Restarting a pilot hound hunt for cougars in select counties — public hearing held by Senate Committee on Agriculture, Water, Natural Resources & Parks with varying support, opposition and neutralness.

SB 5320, Nonlethal hound training program — hearing held, received widespread support and now scheduled for executive session by Senate Committee on Agriculture, Water, Natural Resources & Parks today. House version set for public hearing later in February.

SB 5404, Fish habitat enhancement projects definitions — hearing scheduled next week in Senate Committee on Agriculture, Water, Natural Resources & Parks.

HB 1579 / SB 5580, Chinook habitat protections and declassifying select game fish — public hearing held earlier this week before House Committee on Rural Development, Agriculture, & Natural Resources with strong support from fishermen, tribes, others for major portion of bill addressing hydraulic approvals, but with angler concerns about designation drops for walleye, bass, catfish. Senate version set for hearing next week.

HB 1580 / SB 5577 Vessel disturbance and orcas — public hearing before House Committee on Rural Development, Agriculture, & Natural Resources next week.

SB 5617, banning nontribal gillnets — officially, this bill hasn’t been given a public hearing date since being introduced late last week, but rumor is it will get one before Senate Committee on Agriculture, Water, Natural Resources & Parks in February.

SSB 5148, OKing hunters to wear pink clothing during certain big, small game seasons — hearing held, received good support and was given a do-pass recommendation by Senate Committee on Agriculture, Water, Natural Resources & Parks. Now in Senate Rules Committee for a second reading

AND AS FOR THE REST OF THE BILLS WE’RE FOLLOWING but which are awaiting committee assignments before the Feb. 22 deadline, those include:

Writing fishing and hunting rights into the state Constitution by a vote of the people — would be nice to get on the ballot, if only Washingtonians could be trusted to vote the right way

Estimating Northeast Washington whitetails — would be nice to get more refined data on the region’s flagtails

Studying human impacts on streambeds — would be nice to know

Turning Bainbridge Island (The Wolfiest!) into a wolf sanctuary — would be nice to visit, but bill not going anywhere

Barring WDFW from lethally removing livestock-depredating wolves — ironically, bill was shot and it limped off and died somewhere on Bainbridge

Banning hounds from being used to track down timber-depredating bears — unlikely to get a hearing

And asking Congress to open hunting seasons on sea lions — not going to happen, even if CNN seems ready to go.

Idaho To Close Steelhead Season In Early Dec. Due To Lawsuit Threat

Editor’s update 11:45 a.m., Nov. 14, 2018: Due to the threat of a lawsuit, Idaho’s Fish and Game Commission this morning has voted to suspend the state’s fall steelhead season after Dec. 7 and won’t open the spring season, which begins Jan. 1, 2019, until a fisheries plan is OKed by NMFS, per a report from Eric Barker at The Lewiston Tribune. He says the commission feared IDFG “would be on the hook for legal fees should the season continue and the groups follow through with their intent to sue.” Below is our earlier story on the issue.

Another state, another low-hanging-fruit lawsuit in the works by wild steelhead zealots against fishery agencies.

In 2014 it was WDFW and its Chambers Creek early winter program in Puget Sound; in 2018 it’s IDFG and its A- and B-runs.

ANGLERS WHO LIKE TO FISH FOR IDAHO STEELHEAD LIKE KELLY COLLITON WON’T BE HAPPY WITH TODAY’S NEWS THAT THE THREAT OF A LAWSUIT MORE THAN LOW RUNS ARE FORCING THE STATE TO CLOSE FISHING FOR THE STOCKS. (YO-ZURI PHOTO CONTEST)

The two agencies’ lack of federally approved management plans for hatchery operations and to hold fisheries more so than low runs leave them vulnerable to suits.

Washington’s was eventually settled out of court and a new plan is in place after several disrupted fishing seasons, but now Idaho is under threat.

In October, the Wild Fish Conservancy and Conservation Angler, along with Rivers United, Friends of the Clearwater and Snake River Water Keeper notified IDFG that they were going to take it to court in December if they didn’t close steelhead season by early in the month.

This year has seen a low run to the Snake River Basin and all three states dropped the limit to one already, but this lawsuit is very similar to the one WFC and others pursued against WDFW several years ago when it didn’t have a NMFS-OKed hatchery genetic management plan for the Skykomish and other winter rivers.

HGMPs provide the states with Endangered Species Act coverage, and at the time draft plans for multiple rivers and stocks were piling up on the federal fishery overseers’ collective desk following a raft of listings throughout the region.

In IDFG’s case, its expired all the way back in 2009, per Lewiston Morning Tribune outdoor reporter Eric Barker.

“The state submitted a new monitoring and evaluation plan the same year but officials at Fisheries Division of the National Oceanic and Atmospheric Administration let it sit idle while working on other pressing issues,” he writes in a story out overnight.

Also at risk are Idaho’s spring, summer and fall Chinook fisheries.

What to do about it is on the agenda of Idaho’s Fish and Game Commission meeting today.

“Department and federal agency review processes to date have found Idaho’s management frameworks for hatchery steelhead and chinook fisheries do not jeopardize wild steelhead populations,” reads a staff briefing out ahead of the confab. “The Department has monitoring and evaluation frameworks in place for hatchery steelhead and chinook fisheries, with annual reporting to NOAA’s National Marine Fisheries Service.”

Barker reports NMFS is working on a new draft plan and it’s out for public comment now.

Still, IDFG may have to close steelheading as of Dec. 7 to head off the risk of a lawsuit being filed on the 9th, Barker reports.

Stay tuned.

Bipartisan Salmon Predation Prevention Act Passed By US Senate Committee

THE FOLLOWING ARE PRESS RELEASES FROM U.S. SENATORS MARIA CANTWELL (WA-D) AND JIM RISCH (ID-R)

Today, bipartisan legislation to build upon existing laws to manage the sea lion population passed by the U.S. Senate Committee on Commerce, Science and Transportation. The legislation, proposed by U.S. Senators Maria Cantwell (D-WA) and Jim Risch (R-ID), will give state and tribal fishery managers more flexibility to address predatory sea lions in the Columbia River system.

A CALIFORNIA SEA LION HOLDS A SALMONID — EITHER A SPRING CHINOOK OR STEELHEAD — BELOW WILLAMETTE FALLS. (ODFW, FLICKR)

The Endangered Salmon and Fisheries Predation Prevention Act, which helps protect endangered salmon and steelhead populations, passed without objection and will be considered next on the Senate floor. The bipartisan bill would allow wildlife agencies to better protect vulnerable fish populations through science-based management of these invasive, non-ESA listed sea lion populations, while also maintaining a strong Marine Mammal Protection Act that supports research, science-based management, and public process.

“Wild salmon are central to the culture, economy, and tribal treaty rights of the Pacific Northwest and protecting these fish is crucial to the health of Southern resident orcas,” said Senator Cantwell. “This science-based, bipartisan bill enhances existing tools that state and tribal wildlife managers need to address salmon predation, protect the health of sea lion stocks, and ensure that we are managing wildlife based on the best science available. Pacific salmon should be protected for generations to come.”

“Threatened and endangered species of salmon are being damaged by sea lions in the Columbia River, severely impacting Idaho’s efforts to restore the populations” said Senator Risch. “I’m grateful to Chairman Thune and Ranking Member Nelson for making this a committee priority and for quickly advancing our bill.”

Support for this legislation is bipartisan and crosses multiple Pacific Northwest states. The governors of Washington, Idaho, and Oregon wrote to the Northwest Senate delegation in support of the bill, and the four chairs of the Columbia River Inter-Tribal Fish Commission have all voiced their support. The National Congress of American Indians has called the legislation “essential” to protect salmon, steelhead, and sturgeon.

“Congressional action is critical to reducing the numbers of sea lions that prey on salmon and steelhead in the Columbia River Basin,” said Washington Department of Fish and Wildlife spokesman Bruce Botka. “We welcome the Senate’s progress and look forward to final passage of legislation that will enable the Northwest states and our tribal partners to better protect endangered fish.”

“We applaud the bi-partisan leadership of Senators Cantwell and Risch to get unanimous support today from the Senate Commerce Committee for S. 3119. The bill will expand the ongoing efforts of tribal and state co-managers who have collaborated both on the river and in Congress to address sea lion predation. This legislation reconciles two important conservation laws while it also recognizes the four treaty tribes expertise and role as caretakers of ancestral resources in the lower Columbia River basin,” said Jaime Pinkham, Executive Director of the Columbia River Inter-Tribal Fish Commission.

“This bill provides a thoughtful and practical approach to addressing sea lion predation in critical areas of the Columbia River,” said Guido Rahr, President of the Wild Salmon Center. “It also for the first time enables managers to respond before the number and habits of sea lions become an insurmountable problem for returning wild salmon and steelhead populations. Salmon recovery requires a multi-faceted response. We appreciate the leadership of Senator Cantwell on this issue.”

“Senator Cantwell has stepped up during a crisis and delivered a solution to prevent extinction of fragile Columbia Basin salmon and steelhead stocks. The businesses of NSIA are appreciative of the Senator’s leadership in resolving this very tough issue. All who care about salmon recovery, food for Southern Resident Killer Whales, and have jobs that depend on healthy fish stocks owe Senator Cantwell our deepest gratitude,” said Liz Hamilton, Executive Director of the Northwest Sportfishing Industry Association.

“Sea lions are killing as many as 43 percent of the spring-migrating Chinook salmon in the Columbia River, including threatened and endangered species. This is an immediate problem that needs an immediate solution, a more streamlined and effective process for removing the most problematic sea lions,”said Guy Norman, a Washington member of the Northwest Power and Conservation Council. “The bill enables states and tribes to deal with a major bottleneck to salmon survival. It’s a big win for the fish and for the people of the Northwest who are deeply invested in salmon recovery.

Federal, state, and tribal governments and other organizations have made significant conservation and restoration investments throughout the Pacific Northwest. Sea lion populations have increased significantly along the West Coast over the past 40 years; today, there are roughly 300,000. These sea lions have entered into habitat where they had never been before, including areas around the Bonneville Dam and Willamette Falls.

recent study by Oregon State University found that increasing predation from sea lions has decreased the fishery harvest of adult Chinook salmon in the Pacific Northwest. According to the study, if sea lions continue their current salmon consumption habits, there is an 89 percent chance that a population of wild steelhead could go extinct. The study also noted that future long-term salmon management plans will need to address the increased salmon predation throughout the Pacific Northwest.

Companion legislation has already passed in the U.S. House of Representatives.

………………………………..

The Senate Committee on Commerce, Science and Transportation today passed a legislative proposal by U.S. Senators Jim Risch (R-ID) and Maria Cantwell (D-WA) that would give state and tribal managers more flexibility in addressing predatory sea lions in the Columbia River system that are threatening both ESA-listed salmon and steelhead. S. 3119, the Endangered Salmon and Fisheries Predation Prevention Act, passed without objection and will be considered next on the Senate floor. Companion legislation has already passed the House.

“Threatened and endangered species of salmon are being damaged by sea lions in the Columbia River, severely impacting Idaho’s efforts to restore the populations,” said Senator Risch. “I’m grateful to Chairman Thune and Ranking Member Nelson for making this a committee priority and for quickly advancing our bill.”

“Wild salmon are central to the culture, economy, and tribal treaty rights of the Pacific Northwest and protecting these fish is crucial to the health of Southern resident orcas,” said Senator Cantwell. “This science-based, bipartisan bill enhances existing tools that state and tribal wildlife managers need to address salmon predation, protect the health of sea lion stocks, and ensure that we are managing wildlife based on the best science available. Pacific salmon should be protected for generations to come.”

There are ESA threatened and endangered salmon and steelhead being significantly harmed by the increasing sea lion population. This predation of ESA-listed fish is negating the large investments being spent on salmon recovery associated with habitat, harvest, and hatcheries. If enacted, this bill would amend the Marine Mammal Protection Act of 1972 to provide for better management of these invasive, non-listed sea lions.