Tag Archives: spill

NSIA Hails Federal Appeals Court’s Reaffirmation Of Spill

Salmon, steelhead and angling advocates are cheering a federal appeals court decision today reaffirming a judge’s requirement for more spring spill on the Columbia and Snake.

“Fish WIN!” reads the subject line of a press release emailed out from the Northwest Sportfishing Industry Association.

WATER SURGES THROUGH BONNEVILLE DAM IN THIS JUNE 2014 CORPS OF ENGINEERS PHOTO. (ARMY CORPS OF ENGINEERS)

The news comes a day before spill operations are set to begin on the river system, the purpose of which is to help more young ESA-listed Chinook, coho, steelhead and other species get to sea safely.

The National Marine Fisheries Service had appealed a ruling by U.S. District Judge Michael Simon a year ago, but a three-judge panel of the Ninth Circuit Court of Appeals upheld it.

The press release from NSIA and others including the National Wildlife Federation points to key wording in the decision:

The district court properly concluded that the listed species remain in a “precarious” state, and that they will remain in such a state without further conservation efforts beyond those included in the 2014 BiOp.
. . .
Significant evidence from decades of studies show[s] that spill volumes higher than those proposed in the 2014 BiOp will lead to higher survival rates for outmigrating [juvenile salmon].

The ruling comes at a key moment as salmon stocks struggle with aftereffects from The Blob.

“Fewer fish could be a nail in the coffin for more iconic Northwest fishing brands,” NSIA’s Liz Hamilton said. “I know of companies trying to decide whether this is their last year in existence – brands that fishermen would recognize and recommend. We need hope, not more despair. And at the spill level the court required – and that has now been affirmed on appeal – we are going to see larger adult salmon returns.”

Others involved in the win include the state of Oregon, Nez Perce Tribe, state chapters of the National Wildlife Federation, Salmon For All and Pacific Coast Federation of Fishermen’s Associations.

The states of Washington, Idaho and Montana as well as Northwest River partners, among others, sided with NMFS.

Hamilton said that fears spill would mean less electricity were a “false alarm” as water and wind are at a surplus for turbines to turn this time  of year.

Angling For A Good Cause: Sign Up For 26th NSIA Spring Fishing Classic

By the Northwest Sportfishing Industry Association

As the springers roll up the Columbia it is good to remember the hard work, advocacy and litigation it has taken to ensure anglers have access to these fish.

JIM MARTIN AND JOHN SHLIMENKO SHOW OFF A NICE SPRING CHINOOK. (NSIA)

For instance, many salmon and sportfishing advocacy groups have weighed in on the long-running case before U.S. District Court Judge Michael Simon to protect and restore beleaguered Columbia River salmon stocks.

Last April, Judge Simon rewarded those efforts by ordering that the U.S. Army Corps of Engineers work with state, federal and tribal biologists to develop a joint plan to provide more voluntary spill to provide better protections for outmigrating juvenile spring Chinook salmon, steelhead and sockeye.

The increased spill will be timed earlier in April, to help outmigrating spring Chinook smolts and should result in better returns in years to come.

“Sending water over the tops of dams for fish works,” says Liz Hamilton, executive director of the Northwest Sportfishing Industry Association. “In 2006, NSIA and our allies secured an injunction in Judge Redden’s court to increase the use of spill to protect out-migrating juvenile fall Chinook. Within eight years — two generations of fall Chinook — we saw sharply increased runs of fall Chinook. We are confident spill will have a similar positive result for spring Chinook in the Columbia.”

Spill does not increase river flows, it only changes the route the water — and the fish — take past the dams.

According to Buzz Ramsey of Yakima Bait, it’s the change in how the water gets past the dams – by spill or through the turbines – that is important for salmon.

“Salmon do not swim down to the sea,” said Ramsey. “Instead, the fish point their nose into the current and let the flow push them downstream. The fish go where the water goes.”

He explains that if the water only passes through the turbines, that is where all the fish will end up and each dam will take its toll.

The Columbia River spring Chinook fishery is extremely popular and is a huge driver of fishing license sales for the states of Oregon, Washington and Idaho. NSIA hosts a popular annual fishing derby in the river called the Spring Fishing Classic.

This year’s event will be held Saturday, April 7, and is cohosted by Fisherman’s Marine & Outdoor and supported by many top names in the sportfishing industry, including Willie Boats, Scotty, Berkley and Stevens Marine.

Participation offers anglers a chance to have fun and engage in a little friendly competition, while supporting advocacy work for better fisheries in the Pacific Northwest.

A brand-new 17-foot Willie drift boat, trailer and seats will be raffled off, while $500 will also go to whomever weighs in the largest fish. Team prizes are also awarded.

Tickets are $255 for a team of three, $425 for a team of four and $510 for a team of six.

To register for the derby, call NSIA at (503) 631-8859 or go to nsiafishing.org, where you can also learn more about the organization and its efforts to help the fish and sportfishing.

NSIA Lauds Judge’s Decision On Increased Dam Spill: ‘Vital’ For Fish, Industry

THE FOLLOWING IS A JOINT PRESS RELEASE FROM THE NORTHWEST SPORTFISHING INDUSTRY ASSOCIATION, SIERRA CLUB, SAVE OUR WILD SALMON COALITION AND EARTHJUSTICE

Today, United States District Court Judge Michael Simon (Portland, OR) approved a plan for increased spill at eight federal dams on the Columbia and Snake Rivers.

This plan for Spring 2018 dam operations was jointly submitted to the Court last month by plaintiffs and defendants in the long-running legal case to protect wild salmon and steelhead in the Columbia Basin. It was developed in response to the Court’s April 2017 Order requiring the U.S. Army Corps of Engineers to provide more voluntary spill (water released through the spillways) to protect salmon and steelhead at risk of extinction.

WITH WATER SPILLING OVER THE SNAKE RIVER’S LITTLE GOOSE DAM, A SPOKANE ANGLER SHOWS OFF A NICE SPRING CHINOOK FROM A FEW SEASONS BACK. (FISHING PHOTO CONTEST)

Todd True, lead attorney for the plaintiffs: “There is no real scientific dispute that voluntary spill to the level required by the Court will avoid harm to juvenile salmon. In addition, this spill order has been carefully crafted to avoid any unintended negative consequences to navigation and other resources. In fact, it is very likely that spill at higher levels would afford additional salmon survival improvements.”

Plaintiffs include conservation organizations, fishing associations, the Nez Perce Tribe and the State of Oregon. Defendants include the Corps of Engineers, Bureau of Reclamation and NOAA Fisheries.

Voluntary spill was first required during the spring and summer months at the eight federal dams in 2006 under the order of Judge James Redden after he had invalidated a plan from the federal agencies in 2004. The new spill plan approved by the Court today requires as much spill as is allowed under current state water quality rules for total dissolved gas (or “TDG”) unless there are compelling reasons to reduce it. Higher levels of spill help juvenile salmon migrating to the ocean in the spring and summer move past the dams more quickly and safely, and results in higher adult returns in the years that follow.

Liz Hamilton, executive director of the Northwest Sportfishing Industry Association: “Increasing the proportion of spill is vital for the protection of salmon and steelhead, and for fishing businesses and communities across the Northwest. This order for additional spill will divert baby salmon away from powerhouses, increasing the survival of juvenile fish migrating past dams to the ocean, enhancing the numbers of adult fish returning in the years that follow.”

Rhett Lawrence, conservation director for the Sierra Club in Oregon: “Increased spill levels in 2018 will provide a much-needed boost for our struggling salmon and steelhead populations. Conservation and fishing groups are grateful for our partnership with Oregon and the Nez Perce Tribe – working together for the Northwest’s iconic fish and holding the federal agencies accountable to the law and the people of the region.”

Joseph Bogaard, executive director of Save Our wild Salmon: “This order for additional spill in 2018 is a near-term life-line for our region’s endangered wild salmon and steelhead until we have a legally valid, science-based plan in place. This order gives our fish and the communities that rely on them some breathing room in 2018 while our region comes together on a long-term plan that improves the health of these rivers and recovers our struggling fish populations.”

Last fall, Washington State also clarified how it applies its water quality standards relating to total dissolved gas in the lower portions of the Snake and Columbia Rivers. This clarification by the state will allow incrementally higher levels of spill to occur in the spring and summer, leading to higher juvenile and adult returns than would have occurred previously.

In May 2016, Judge Simon ruled the federal agencies’ 2014 Columbia Basin Salmon plan is inadequate and illegal. This is the fifth consecutive federal plan (Biological Opinion or “BiOp”) deemed illegal by three different judges across two decades. Over this period, despite the federal agencies spending more than $10B on a series of ineffective, illegal plans to protect salmon and steelhead from a deadly federal hydro-system, not a single at-risk population has recovered.

While the federal agencies jointly submitted this proposed plan with the plaintiffs to increase spill, they also filed an appeal to the 9th Circuit Court of Appeals last fall challenging the court’s decision to further expand spill. The appeal is on an expedited schedule and is expected to be resolved before the official beginning of the juvenile out-migration in early April of 2018.

You can read the signed order requiring more spill from the Court here:
http://www.wildsalmon.org/images/factsheets-and-reports/2018.District.Ct.spill.order.pdf