HABITAT HOTLINE

NUMBER 29 DECEMBER 1996


TABLE OF CONTENTS

I. FEDERAL

SPECIAL SECTION

II. REGIONAL

III. CALIFORNIA

IV. OREGON

V. ALASKA

VI. MISCELLANEOUS

VII. UPDATES


I. FEDERAL

104TH CONGRESS COMES TO A CLOSE

While conservationists will best remember the 104th Congress for the battle surrounding the salvage logging rider, several bills affecting fish habitat were signed into law. Legislation passed included the Safe Drinking Water Act, the Farm Bill's (Food Security Act) Conservation Title (Title III), the Coastal Zone Management Act, Trinity River Basin Fish and Wildlife Management Act of 1995, and the Magnuson Act (see below).

Heading the list of environmental legislation to be addressed by the 105th Congress will be the Clean Water Act and the Superfund program. Federal lands policies regarding mining, grazing, and logging will certainly be debated. Private property issues will likely surface again. Reports are that Senators Larry Craig (R-Idaho) and Dirk Kempthorne (R-Idaho) are currently working on a rewrite of the Endangered Species Act.

MAGNUSON ACT REAUTHORIZED

On October 11, 1996, President William Clinton signed the reauthorization of the Magnuson Fishery Management and Conservation Act, now known as the Magnuson-Stevens Fishery Management and Conservation Act.

According to the Marine Fish Conservation Network, an environmental-fisheries coalition which worked on the Magnuson reauthorization, it was "the most important environmental achievement of the 104th Congress."

The legislation's fish habitat language is excerpted below:

Essential Fish Habitat (EFH):

Fishery Management Plans:

The Secretary of Commerce:

Regional Fishery Management Councils:

Other Federal Agencies:

NOW WHAT: The National Marine Fisheries Service is now in the process of implementing the Magnuson-Stevens Act.

Habitat language in the new Magnuson-Stevens Act could be an important tool in fish habitat protection. However, whether NMFS will have the funding and institutional momentum to become a major player in habitat protection through the Magnuson-Stevens Act, remains to be seen. Some argue that without regulatory authority, the ability of the regional fishery management councils and the National Marine Fisheries Service to significantly impact fishery habitat decision making could be minimal.

WHAT YOU CAN DO: On November 8, 1996, the National Marine Fisheries Service issued an "Advanced Notice of Proposed Rulemaking--Request for Comments on the Magnuson Act Provisions--Essential Fish Habitat." The Summary of the notice as it appeared in the Federal Register (Volume 61, Number 218, Pages 57843-57844) is as follows:

NMFS is in the process of developing guidelines, by regulation, to implement the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), as mandated by the Sustainable Fisheries Act. These guidelines would assist Fishery Management Councils in the description and identification of essential fish habitat (EFH), including adverse impacts on EFH, in fishery management plans (FMPs) and in the consideration of actions to conserve and enhance EFH. NMFS invites interested persons to submit written comments, information, and suggestions on all aspects of the EFH mandate. Comments from Councils, interstate fishery management commissions, state fishery management agencies, commercial and recreational fishing interests, environmental groups, and other interested parties are of particular interest.

***Comments should be sent to: ***

The Director, Office of Habitat Conservation

Attention: EFH

National Marine Fisheries Service

1315 East-West Highway

Silver Spring, MD 20910-3282

*** Comments Must Be Received By ***

*** December 9, 1996 ***

For Further Information Contact: Lee R. Crockett, National Marine Fisheries Service, (410) 267-5672.



NEW STREAMNET HOME PAGE

StreamNet is a collaborative project among Pacific Northwest agencies and tribes aimed at providing fish and wildlife managers and policy-makers with critical information concerning the region's aquatic resources. The project is a component of the Northwest Power Planning Council's Fish and Wildlife Program and is managed by the Pacific States Marine Fisheries Commission.

StreamNet announces release of a new version of its home page. The major enhancement is a new online query system that allows custom queries of the StreamNet database. Over 100,000 individual data items may be accessed through this feature. The user may select any combination of fish species, geographic areas, and data categories such as dams or hatcheries and the query system will locate and display available information. Currently the system centers on salmon and steelhead. Additional aquatic resource data will be added during the next year.

You may explore the StreamNet home page at:

www.streamnet.org/

Other enhancements include a library search feature that allows online query of the StreamNet library using keywords, as well as a map catalog query system that provides access to computer-generated maps related to Pacific Northwest aquatic resources. These maps can be viewed on the screen or downloaded. At present, 40 sample maps are available. Over the next several months a comprehensive array of fish distribution maps will be offered. StreamNet is also developing a "map builder" that will allow the user to construct custom maps using StreamNet data.


SPECIAL SECTION -- COHO SALMON

NMFS LISTS CALIFORNIA COHO

On October 25, 1996, the National Marine Fisheries Service listed the Central California Coho Salmon Evolutionary Significant Unit (ESU) as "Threatened," under the Endangered Species Act. The Central California listing includes all "naturally reproducing" coho stocks from Punta Gorda in northern California, south to the San Lorenzo River in Santa Cruz.

However, in a controversial decision, NMFS delayed a listing decision on the Southern Oregon/Northern California and the Oregon Coast coho ESUs. The reason for the delay was cited as "scientific disagreement." A decision on whether to list the Southern Oregon/Northern California and Oregon Coast ESUs will now be issued on or before April 25, 1997.

For more detailed information on the status of coho salmon stocks on the West Coast, please see page 11.

According to NMFS, fewer than 6,000 coho are returning annually to their spawning streams in central California, only a small fraction of the 50,000 to 125,000 that historically have returned to the region to spawn. NMFS scientists linked the coho's decline in California to a number of reasons, including habitat degradation from logging, agricultural activities, flood control, mining and urbanization; hatchery practices; and natural factors such as drought and adverse ocean conditions over the past two decades.

In issuing the announcement, Hilda Diaz-Soltero, Southwest Regional Director for NMFS, said the fisheries service and other federal agencies will continue to work closely with federal, state and county officials, private landowners, fishermen and environmental organizations on current and future conservation measures aimed at restoring coho in the region.

Will Stelle, Northwest Regional Director for NMFS, said the following regarding the decision to delay the listing of the Southern Oregon/Northern California and Oregon Coast ESUs:

We've reviewed comments and new information from fishery scientists and other outside reviewers who have disputed our assessment of the status of these two stocks and the natural and man-made threats they face. This extension will give us time to gather and analyze information aimed at resolving these disagreements.

REACTION TO LISTING DECISION

California Governor Pete Wilson (October 25, 1996):

The decision by NMFS to list the coho salmon as threatened is indefensible in light of the serious issues that are in scientific dispute. Instead, this listing is unlikely to improve the environmental conditions that are necessary to restore the coho populations, and places logging, mining, ranching, and other agricultural activities over large parts of the State at serious risk. The listing of the coho salmon will harshly impact landowners and communities that are already suffering under severe economic pressure. This listing makes off-limits to harvest half of the State and private timber land base, resources valued at $4.6 billion.

Pacific Coast Federation of Fishermen's Associations:

For the Fishing Industry coho salmon have been a de Facto listed species under the Endangered Species Act for the past four years. It's about time the fish were officially listed so that those responsible for the near destruction of silver salmon and their habitat are held responsible.

California Forestry Association:

Additional top-down regulations imposed on landowners to facilitate recovery of salmon populations and improve habitat can only have detrimental consequences for California's economy, individual landowners, local communities and salmon. Like the northern region, the Central California area in question is already under severe economic hardship and have been working hard to improve the aquatic and terrestrial environment through state and private cooperative projects. To place draconian and unnecessary commands and controls on these efforts would neither contribute to saving the fish or the communities.

Significant new evidence points to increasing salmon populations and the return of salmon stock in streams recently unoccupied. We believe continuing, yet incomplete data gathered over the past two years is revealing a dramatic improvement in salmon populations due in part to the end of the prolonged drought in California. In specific studies, those numbers are as high as 100%.

According to Richard Gienger, a northern California watershed restoration advocate:

We need a reversal of attitude of the resource agencies in California. The California Board of Forestry has resisted sufficient forest practice rules for salmon protection. Listing of coho salmon is one of the only chances of getting the California Board of Forestry, as well as the State of California and the forest industry to implement adequate standards to recover these fish.

Bill Bakke of the Native Fish Society in Portland, Oregon said that, "The unlisted stocks need to be listed to get full protection under the law to secure a recovery program driven by scientific objectives."

STATE COHO RECOVERY EFFORTS

The States of California, Washington, and Oregon have ongoing processes attempting to resuscitate dwindling coho stocks. A discussion of each state's efforts are described below.

CALIFORNIA COASTAL SALMON INITIATIVE

California's Coastal Salmon Initiative (CSI) was begun in January 1996 by the California State Resources Agency. The CSI "is a voluntary cooperative effort between multiple agencies and interest groups to develop and implement a feasible stakeholder-based program for restoring and maintaining the viability of the biological community associated with coastal salmonid watersheds."

Unfortunately, the CSI process has not been a smooth one. According to Nat Bingham, Habitat Coordinator of the Pacific Coast Federation of Fishermen's Associations: "After one meeting of the CSI steering committee [or policy committee], the industrial timber owners walked out of the process, saying that they could get a better deal [regarding forest practice regulations] directly from the state."

In an October 3, 1996 letter to NMFS Southwest Regional Director Hilda Diaz-Soltero, a coalition of fishing, restoration, and environmental groups* (then participants in the CSI) said the following:

We are deeply concerned that the State of California has requested a delay in the listing of coho salmon under the Federal Endangered Species Act. We are aware that tremendous pressure to delay the listing is being put on you by the State of California on behalf of the industrial forestry interests and by the Northwest Region of NMFS. Apparently, a last minute package of information purportedly justifying a delay in listing is in the process of being sent to you. We must inform you that if you fail to list coho in the two California ESUs, we cannot, in good conscience, continue to attempt to develop a state conservation program under the aegis of CSI beyond the October 25 deadline for your decision on listing coho salmon.

When we agreed to serve as representatives of the environmental, restoration, and fishing interests on the Coastal Salmon Initiative Policy Committee, it was with the clear understanding the purpose of the Coastal Salmon Initiative, based on statements from the Resources Agency, was to develop a conservation program, which would meet State and Federal legal obligations, for our seriously threatened coastal salmonid ecosystem. As such, we view the current political effort of the Resources Agency to prevent the timely listing of coho as a serious act of bad faith that may delay the availability of ESA incentives for listed species that are so critical to the purposes of the Initiative.

All the scientific information that is publicly available or that we are aware of leads us inescapably to the conclusion that coho salmon are in jeopardy of extinction and that all legal requirements of the listing have been met. To the best of our knowledge, the information that is being provided by the timber industry to the state to justify a delay has not been properly peer reviewed.

We have continued to serve and attempt to work collaboratively on the CSI Policy Committee because we hoped that it was being guided by the clear direction that you provided in your March 10, 1996 statement indicating your intention to list coho under any circumstances. There was no ambiguity in your statement. In our opinion, the CSI process has failed to follow the direction you provided in March and the need to list coho in California is overwhelming.

Almost a year after is inception, it is evident that the CSI is fundamentally flawed and nothing short of a listing will correct these problems.

* Signatories to the letter were: The Pacific Coast Federation of Fishermen's Associations, Salmonid Restoration Federation, California Trout, Mattole Watershed Council, Environmental Protection Information Center, Northcoast Environmental Center, and the Sierra Club.

WALK OUT: Most recently, as promised, the coalition of fishing, restoration, and environmental groups walked out of the CSI policy committee process. According to Nat Bingham:

Our participation in CSI was based on the understanding that it was to be a joint state-federal effort to develop standards for the 4d rule habitat conservation plan under the Federal Endangered Species Act. When the State suddenly requested a delay in the listing of coho salmon without consulting the CSI policy committee, we felt that we could not, in good conscience, stay at the table. The draft CSI plan as written to date is inequitable in that it proposes very severe regulations for fishing and no change in regulations for loggers.

NOW WHAT: John Amodio, Assistant Secretary for Ecosystem Management for the California Resources Agency, said on November 21 that even though he is saddened that the policy committee portion of the CSI is at an end, the process will still continue. Amodio said that the policy committee's efforts can be used for future direction, and the CSI process would now go through a broader public review.

For Further Information Contact: the California Resources Agency at (916) 653-5656; Nat Bingham of the Pacific Coast Federation of Fishermen's Associations at (707) 937-4145.

OREGON COASTAL SALMON RESTORATION INITIATIVE

On August 26, 1996 the State of Oregon released its answer to coho recovery entitled "The Governor's Coastal Salmon Restoration Initiative."

Below are some of the draft plan's habitat elements:

The Coastal Salmon Restoration Initiative (CSRI) Plan represents an effort to conduct natural resource management in a new way. The Plan proposes many new management measures, including participation in grassroots restoration efforts, funding options, and changes in habitat, harvest and hatchery practices. All of the measures are designed to achieve conservation and restoration of Oregon's coastal salmon, steelhead and cutthroat trout populations.

Management measures are outlined in the plan in two parts. Part I provides a list of measures proposed by each state agency. Part II categorizes these same measures under management issues important to the salmon life cycle. These include:

Management measures are also identified as Phase I measures which can be implemented with existing resources and budgets and Phase II measures which require additional resources, budgets and/or legislation to implement. Examples of management measures critical to salmon recovery include:

Habitat Management

Changes in habitat management that are expected as a result of the measures in support of the CSRI Plan focus on action that can be accomplished to assist conservation and restoration of coastal salmon.

REACTION:

Governor John Kitzhaber said:

The effort to produce this draft plan was unprecedented in crossing traditional boundaries of private, public, and agency management. And it resulted in an overwhelming response -- founded on cooperation -- to maintain healthy salmon populations as an ongoing part of life in Oregon...

Pacific Fishery Management Council:

We agree that voluntary approaches to solving the salmon crisis are preferable to additional regulatory burdens on Oregon's citizens and natural resources industries. However, in the past several years, the Council has imposed severe restrictions on ocean coho salmon fisheries along the entire West Coast. These closures have been at great cost to salmon dependent communities. The purpose of the closures has been to return more spawners to the streams. If adults return to natal streams that are of poor quality for spawning and rearing, then the inordinate sacrifice of our fishing community is diminished.

The Council believes that fisheries restrictions which result in economic hardship on the recreational and commercial fishing industries and dependent coastal communities must be accompanied by concomitant measures which address the serious habitat problems faced by anadromous fishes. In addition, the burdens (and benefits) of natural resource management must be shared by all the citizenry.

Therefore, the CSRI should emphasize enforcement and monitoring of the existing habitat regulations on state and private lands and recommend stronger rules where needed. Specifically, forest practice regulations protecting small fish bearing streams on state and private lands may be inadequate to ensure full protection of anadromous resources. Also, management of Oregon's range and crop lands needs to reflect a commitment to reducing negative impacts on water quality.

Bill Bakke of the Native Fish Society thinks that the CSRI draft is "woefully deficient."

Glen Spain of the Pacific Coast Federation of Fishermen's Associations:

We fully support the Governor's effort in this direction, even though we do not believe the CSRI is or can be legally sufficient to prevent a listing under the ESA, nor even that such a listing should be avoided. Ultimately it is further declines (not a listing) which we have to prevent. A coastwide listing under the ESA combined with the CSRI as the backbone of a recovery plan administered within a state-federal partnership is, we believe, the best and most equitable option. Ample flexibility already exists under the ESA to make Oregon's CSRI Plan the centerpiece of a coho recovery strategy as well as to create a comprehensive state-federal partnership to work toward coastwide recovery of all salmon species. A listing is currently pending only for coho salmon. The CSRI should be, and is expressly intended by Governor Kitzhaber to be, much more comprehensive.

National Marine Fisheries Service: Below are excerpts from a November 5, 1996 letter to Governor Kitzhaber from Will Stelle (Northwest Regional Director for NMFS):

Strengths

In the habitat arena, NMFS is encouraged by several initiatives. The Oregon Department of Agriculture has proposed many actions, including the use of Rapid Screening Assessment and the Natural Resources Conservation Service's Field Office Technical Guides for Confined Animal Feeding Operations.

Another strong feature of the Plan is the ambitious, multi-scaled monitoring program proposed by the Science Team. We strongly concur with the importance of funding and supporting a coastwide monitoring director.

The ODFW proposes significant actions in its hatchery programs that will contribute to the recovery of naturally-spawning coho salmon.

Areas Needing Strengthening

At this point, despite the extensive materials laid out in the draft Plan, it still falls short of what we believe will be necessary to maximize its impact on NMFS' decision making and planning. As noted above, the hatchery and harvest elements are relatively strong, reflecting changes that will require ongoing, major adjustments in both commercial and recreational fisheries. By comparison, the habitat elements of the proposal appear to work only around the edges of existing programs in a number of respects. While the resource management and regulation agencies have proposed some positive steps, we believe that several aspects will require more fundamental changes in management and permitting activities that affect important habitat parameters. Given the serious (50-90%) decline in productive potential of Oregon's coho habitat, it is clear that Oregon needs substantial additional effort in the habitat arena.

NOW WHAT: Implementation of parts of the plan is already underway. Comments on the draft Coastal Salmon Restoration Initiative were accepted through November 1. The CSRI is undergoing a scientific peer review through the month of November. A new version of the CSRI is expected at the end of February, 1997.

For Further Information Contact: Office of Governor John Kitzhaber at (503) 378-3111.

WASHINGTON WILD SALMONID POLICY

Washington coho stocks are healthier than those in California and Oregon. However, two coho ESUs are designated as "Candidate" species under the ESA until further information is collected ("Candidate" species status expires on April 25, 1997).

The Washington Department of Fish and Wildlife's "1992 Salmon and Steelhead Stock Status Inventory (SASSI)" found that:

Washington is addressing its wild salmon management through their "21st Century Wild: Washington State's Fish and Habitat Policy for Salmonid Protection and Recovery." Some of the performance standards from an August 15, 1996 draft from the Habitat Protection and Restoration Section include:

Basin Hydrology and Instream Flow: Percent effective impervious surfaces will not exceed a threshold of 10 percent including road surfaces, rooftops, and parking lots

Water and Sediment Quality and Sediment Transport: Fine sediments in spawning or rearing habitat (<.85mm) will not exceed 11%. If natural levels of fine sediment exceed 11% in spawning or rearing habitat, then sediment concentrations shall not exceed natural levels.

Stream Channel Complexity: More than 90 percent of channel banks on streams will be stable, relative to natural rates of erosion in the basin.

The quantity and quality of "large woody debris" (LWD) in streams will not be impaired by human activities. The number of key LWD pieces per "bank full width" (BFW) will be greater than 0.3 pieces for streams less than 10 meters BFW and greater than 0.5 pieces for streams 10-20 meters BFW.

Riparian Areas and Wetlands: For Water Types 1-3...a buffer of 100-150 feet (measured horizontally) or the height of a site potential tree in a mature conifer stand (100 years), whichever is greater.

Buffers will be applied to all wetlands as provided in the Ecology Model Wetlands Ordinance-September 1990. These buffers, range from 300 feet for Category I-High Intensity down to 25 feet for Category IV-low intensity.

Marine Areas: No net loss of eelgrass habitat, herring spawning habitat areas or function, upper intertidal forage fish spawning area function, and wetland area or function will be ensured.

NOW WHAT:

In November, the Washington Fish and Wildlife Commission directed the Washington Department of Fish and Wildlife to work further with treaty tribes to develop another draft Environmental Impact Statement (DEIS). State agencies will also be providing comments. The next DEIS is expected on January 15, 1997 with public comment on that document tentatively scheduled to last through February. A Final EIS would then be produced in April 1997.

In contrast to Oregon's CSRI, the August draft of the wild salmonid policy contained performance standards. As the policy undergoes another revision by state agencies and treaty tribes, it is unclear whether these performance standards will be kept or replaced in favor of a more watershed-based approach.

In Related News, on September 27, 1996, the Washington Department of Fish and Wildlife announced that the American Fisheries Society will be asked to review the State's "21st Century Wild."

For Further Information Contact: Loren Stern of the Washington Department of Fish and Wildlife at (360) 902-2204.


Editor's Note: Only the Central California ESU has been listed as threatened under the Endangered Species Act.

COHO SALMON STATUS

Besides the Central California, Southern Oregon/Northern California, and Oregon Coast ESUs, three other coho ESUs have been identified by the National Marine Fisheries Service: Columbia River/S.W. Washington ESU, Olympic Peninsula ESU, and the Puget Sound/Strait of Georgia ESU (see map on page 10). A graph showing declining numbers of coho for the Columbia River can be seen below.

Coho adult counts at Bonneville Dam, 1961-1995

Source: StreamNet, 1996.

On July 25, 1995, the National Marine Fisheries Service determined that these three ESUs did not warrant immediate action, and said the following:

Columbia River/S.W. Washington ESU:

...historically, at least one ESU of coho salmon probably occurred in the lower Columbia River basin, but the agency was unable to identify any remaining natural populations that warranted protection under ESA. However there is sufficient concern regarding the overall health of this ESU (especially in light of evidence that some native fish may exist.) Therefore NMFS is adding...[this]...ESU to the Candidate List[*] until the distribution and status of the native populations can be resolved.

Olympic Peninsula ESU:

...relative to other ESUs, coho salmon abundance is moderate, but stable.

The Puget Sound/Strait of Georgia ESU:

Because of the lack of general information on the identified risk factors, and because the number of naturally producing fish within the ESU is fairly large and apparently stable, NMFS concludes that a listing is not warranted...However, there is sufficient concern regarding the overall health of this ESU, and therefore, NMFS is adding...[this]...ESU to the Candidate List[*].

Idaho/Washington: Coho have been declared extinct in the Snake River drainage.

Southeast Alaska: In the October 1996 issue of Fisheries (Volume 21, Number 10), two papers document the risk of extinction for coho spawning aggregates1 in Southeastern Alaska, and British Columbia and Yukon streams as follows:

Risk of

Extinction

SE Alaska2 BC & Yukon Streams3
High1 214
Moderate1 22
No or Low70 N/A
Special Concern0 21
Unknown2,229 1,284
UnthreatenedN/A 1,024
Extinct0 29

1. Spawning aggregate denotes the escapement of a particular species at a spawning location.

2. Authors of the study are: T.T. Baker, A.C. Wertheimer, R.D. Burkett, R. Dunlap, D.M. Eggers, E.I. Fritz, A.J. Gharrett, R.A. Holmes, and R.L. Wilmot.

3. Authors of the study are: T.L. Slaney, K.D. Hyatt, T.G. Northcote, and R.J. Fielden.

*Candidate List designation due to expire April 25, 1997.


II. REGIONAL

COLUMBIA RIVER ISG REPORT

On September 18, 1996, the Northwest Power Planning Council (NPPC) released "Return of the River: Restoration of Salmonid Fishes in the Columbia River Ecosystem." This report reviews the "science underlying salmon and steelhead recovery efforts and Columbia River Basin ecosystem health." The report was written by the Independent Scientific Group (ISG). The ISG is made up of university scientists and independent fisheries consultants with backgrounds in statistics, fisheries ecology and management, population dynamics, river ecology, juvenile bypass, and genetics.

The Council's objective for the analysis "was to provide the region, to the greatest extent possible, clear and authoritative analysis conducted by impartial experts." The report builds upon the National Research Council's report "Upstream: Salmon and Society in the Pacific Northwest," which was released earlier this year.

The ISG report relies on the concept of a "normative river." A brief discussion of which is provided below:

The complex, integrated set of phenotypic traits that comprise a salmonid's life history pattern results from interaction of an individual's genotype and its environment (Healey and Prince, 1995). An important element of the environment is the "pathway" of habitats that the individual follows from birth to death. Life history diversity, which is characteristic of salmonids in general (Groot and Margolis, 1991; Rieman and McIntyre, 1993), arises when individuals follow different habitat "pathways" and consequently manifest different sets of phenotypic traits. Healey and Prince (1995) argue that the population and its habitat are the basic unit of conservation. They summarize a fundamental premise of the normative river concept:

"Maintaining a rich diversity of Pacific salmon genotypes and phenotypes depends on maintaining habitat diversity and on maintaining the opportunity for the species to take advantage of that diversity."

Thus, spatial and temporal habitat diversity are critical for expression of life history diversity. Multiple life histories in relation to habitat structure have been observed in several populations of anadromous salmonids (Reimers, 1973; Schluchter and Lichatowich, 1977; Carl and Healey, 1984; Gharrett and Smoker, 1993; Lestelle and Gilbertson, 1993). In the salmon bearing ecosystem of the Columbia River, life history diversity should be substantial owing to the ecosystem's large size, its complex riverine physiography and geomorphology, highly variable flow regime, and complex oceanic circulation pattern. Enhancing normative conditions and increasing salmonid production requires restoration of habitat diversity which will enable reexpression of life history diversity...

Management of the Columbia River Basin and its hydroelectric projects have focused on the timing, amount, rate and velocity of flow the U.S. Army Corps of Engineers and Bureau of Reclamation allows through the system, and whether barging and trucking of juvenile salmon should be continued. Some findings of the ISG report on the key issues of spill, transportation, the John Day Reservoir drawdown, include:

Transportation:

Transportation benefits are incompletely substantiated and assumptions of benefits are based on surprisingly few complete studies. Transportation involves the overt separation of salmon from their ecosystem and can provide no substitute for normative river conditions across the entire array of salmonid diversity in the river. However, in the absence of normative river conditions within the hydroelectric system, it may be able to delay the process of extinction for some species and life history types such as Snake River spring chinook.

Spill And Gas Bubble Disease:

Spilling water at dams is a way to improve survival of migrating juvenile salmon as they pass, compared to turbine passage or passage through conventional fish bypasses...Spill is a route of passage at dams that most closely resembles the natural migration route (a spillway can be viewed as analogous to a natural waterfall). Survival of spilled fish has been measured at 98-100% compared to about 85% for turbine passage. Thus, use of spill has been recommended by state fisheries agencies, the Tribes, the Federal Energy Regulatory Commission, and the Council's Program. A spill management program for benefit of juvenile salmon has been in effect at non-federal dams in the mid-Columbia since the mid 1980s and in 1994-95 in the federal hydropower system in the Snake and lower Columbia rivers. A drawback to spill, however, is that it can increase total dissolved gas levels in the river downstream of the dams. High gas levels can cause serious injury and mortality to the very salmon the spill is intended to protect. Salmonid recovery efforts using spill, therefore, have been constrained by gas saturation levels in the rivers and the best understanding of their biological effects.

The ISG recommends that dams be modified structurally to avoid or minimize gas supersaturation under conditions of both managed and uncontrolled spill rather than expanding gas-bubble disease research to adequately define the risk of gas bubble disease in river fish. Unless data can be collected inexpensively in conjunction with an integrated program of mainstem monitoring, much research would be necessary, likely beyond our capacity. Spill has a demonstrated lower level of fish mortality at dams than turbine passage and it more closely approximates the normative river system to which migrant behavior has evolved than either passage through turbines or gatewell fish bypasses.

Drawdown:

Seasonal drawdown of lower Snake and Columbia River reservoirs has been examined as a mitigation tool. Rationale for temporary drawdown focuses primarily on the potential to increase travel time for emigrants. However, this has not been clearly demonstrated. Also ... concentration of salmonid juveniles with predators and loss of shallow water habitats are potential problems with drawdown scenarios.

However, permanent drawdown to expose and revitalize drowned alluvial reaches to create riverine habitat for salmonids similar to the Hanford Reach likely is warranted in view of our normative river concept. The Hanford Reach is the only mainstem area that consistently continues to produce salmonids and it is one of only a few river reaches in the entire Columbia River system that provides riverine habitat for a "healthy" salmon stock. However, the Hanford fall chinook spawn only in the upper two thirds of the reach, probably because interstitial flow pathways are nonfunctional in the lower third of the reach due to the elevated water table created by virtual continual maintenance of the full pool elevation of McNary Reservoir. Lowering the McNary pool likely would lower the water table in the alluvial reaches upstream, significantly increasing the size of the river reach at Hanford containing both surface and ground water habitat components. Similarly, the flood plain functions of the Yakima River delta might also be significantly restored.

Restoration of a historically productive and complex riverine segment might also occur through drawdown of John Day pool to spillway crest...The upper portion of John Day pool, which lies immediately below the confluence of the Snake and Columbia Rivers, contains what was formerly a large alluvial reach that served as a highly productive area for mainstem spawning chinook populations. Populations in this area, may have functioned as a metapopulation, and served as a core to stabilize chinook salmon production in the region. Restoration and revitalization of the upper John Day pool as a free-flowing river segment might assist in the re-establishment of chinook salmon production and metapopulation structure through straying and dispersal from the adjacent Hanford Reach chinook.

Surface Collectors:

A more promising approach applicable to some dams, appears to be the use of surface collection devices for bypassing migrating juvenile salmonids.

Habitat:

Freshwater habitat for all life history stages must be protected and restored with a focus on key alluvial river reaches and lakes. Restoring habitat and access to habitat that re-establishes phenotypic diversity in salmonid populations should be a priority.

Other Habitat Recommendations in the Report Include:

REACTION

The group Save Our Wild Salmon, a coalition of conservationists, sport and commercial fishers, and salmon-based businesses, had this to say about the ISG report:

In 1997, the federal government and the region will decide whether barging fish should remain our primary management tool for moving fish through the hydrosystem. The Independent Scientific Group says NO.

In 1997 the federal government and region will decide whether John Day drawdown should be pursued. The Independent Scientific Group says YES.

According to Rick Applegate, Director of the West Coast Conservation Office of Trout Unlimited:

The Independent Scientific Group is an eminent committee of scientists whose members have been involved in the science of Columbia River salmon for eight years. Their report is a breath of fresh air. It recognizes that we must use a more natural approach to salmon restoration. They have given us a strong scientific foundation for restoring natural riverine conditions in segments of the Columbia River; for reduced reliance on hatcheries, barge transportation and other engineering fixes that attempt to circumvent rather than restore ecological processes; and for paying more attention to the estuary and ocean conditions in the recovery effort. The question is whether we will have the political will to implement the obvious direction they are pointing to....Unless we do, we will continue to be disappointed with the results of the restoration program.

NOW WHAT: 1997 will be (yet another) critical year for Columbia River Basin salmon. Pat Ford, of the Save Our Wild Salmon Coalition, says that:

In its first term, the Clinton Administration took one real step forward to make the federal hydro system safer for salmon -- a good spill program to pass fish over the dams is now in place. It needs improvement, but we're on the road.

But the Administration is not on the road to getting salmon out of the barges and back into the river, to modifying the lower Snake and John Day dams, to restoring seasonality of flow or spending salmon dollars on action not process. The Administration's own Independent Scientific Group has recently joined the Columbia River Tribes, state fishery agencies, fishermen and conservationists in urging that these things be done. To obey the law and restore Columbia Basin salmon, they must be done. We hope and pray the administration will do them.

To Order A Copy of the ISG Report, Contact: Northwest Power Planning Council at (800) 222-3355, and request document 96-6. There is no charge for the report.

Internet: The ISG report is also available by file transfer at the NPPC Internet site, www.nwppc.org.

To Obtain a Copy of "Upstream: Salmon and Society in the Pacific Northwest" call the National Research Council at (800) 624-6242.

For Further Information Contact: Save Our Wild Salmon Coalition at (206) 622-2904; Northwest Power Planning Council at (800) 222-3355; Rick Applegate, Trout Unlimited at (503) 650-5412.

HARZA REPORT SAYS YES ON DAM REMOVAL, NO ON DRAWDOWN

In other Columbia River News, a study entitled "Salmon Decision Analysis Lower Snake River Feasibility Study" prepared by Harza Northwest, was released October 4, 1996. The report says that: "dam removal is the biological option of choice if salmon and ecosystem restoration is the primary goal. Removal of four Snake River dams will increase salmon survival by about 72 percent above existing in-river levels. The best way to help recover Snake River salmon is to remove the four federal dams."

The purpose of this study, which was funded by the U.S. Army Corps of Engineers, was to "lay out the options for improving the hydropower system to help save salmon."

The report does not endorse seasonal full pool or spillway crest drawdowns of the river.

For a Copy of the Harza Report Contact: The U.S. Army Corps of Engineers Walla Walla Office at (509) 527-7261;

For Further Information About the Report Contact: Harza Northwest at (503) 244-6922.

REPORT DOCUMENTS COST TO

FISHING INDUSTRY

A report released on October 18, 1996 documents the cost of lost fishery benefits from "hydropower mismanagement and salmon habitat destruction in the Columbia River basin." The report entitled "The Cost of Doing Nothing: The Economic Burden of Salmon Declines in the Columbia River Basin" was prepared by the Institute for Fisheries Resources, a group dedicated to the protection and restoration of marine and anadromous resources. Hans Radke and Shannon Davis provided technical assistance for the study. Among the main findings of the report are:

To Order a Copy of "The Cost of Doing Nothing": Send a check or money order to: Institute for Fisheries Resources, PO Box 11170, Eugene, OR 97440-3370. The cost for each report is $10.00 (includes shipping). Ph: (541) 689-2000.



III. CALIFORNIA

CALFED DOCUMENT RELEASED

Established in May of 1995, the CALFED Bay Delta Program is "a joint effort among state and federal agencies with management and regulatory responsibilities" in the San Francisco Bay-Delta System.

Management of California's Central Valley, including the Bay-Delta has contributed to the decimation of once large runs of salmon, as evidenced by the listing under the Endangered Species Act of the Sacramento winter-run chinook salmon ("endangered") and delta smelt ("threatened").

The CALFED's "Phase I Final Documentation Report" was released in September 1996. In that document, four general categories of "critical problems" facing the Bay-Delta are defined. They are: "ecosystem quality," "water quality," "water supply reliability," and "system vulnerability." Also, the document contains three Phase II Alternative Solutions to these problems.

NOW WHAT: CALFED recently released its "Implementation Objectives and Targets" for its Ecosystem Restoration Program. According to Rick Soehren, with the CALFED program, this is a good time for input into the restoration program process.

DateCity Location
12/3/96Modesto Red Lion Motel
12/10/96Walnut Grove Jean Harvie

Community Center

12/17/96Red Bluff Community Center/Auditorium
1/3/97Sacramento Sacramento Convention Center, Room 202

In addition, CALFED will hold an Ecosystem Restoration Program Plan Workshop at the Sacramento Convention Center on January 28, 1997, from 9:00 a.m. to 5:00 p.m.

Comments on the draft "Implementation Objectives and Targets" should be sent to:

CALFED Bay-Delta Program

1416 Ninth Street, Suite 1155

Sacramento, CA 95814

***Comments on this document are due***

***January 6, 1997***

To receive a copy of the CALFED "Phase I Final Documentation Report" or the "Implementation Objectives and Targets" contact: CALFED at the above address or by phone at (916) 657-2666.

For Further Information Contact: Dick Daniel, CALFED Bay Delta Program at (916) 657-2666.

SOUTH DELTA EIS

COMMENTS DUE 1/31/97

On August 14, 1996 the California Department of Water Resources (DWR) and the U.S. Bureau of Reclamation (USBR) released their draft environmental impact report/environmental impact statement (EIR/EIS) for the Interim South Delta Program (ISDP). According to a DWR press release:

The ISDP predates the creation of CALFED, the coalition of state and federal agencies now working to develop long-term solutions to Delta water problems of supply and quality. The ISDP seeks similar objectives to those of CALFED's Bay-Delta Program but on a much more limited basis. Both the Bay-Delta Program and the ISDP seek to improve the Delta environment and fish habitat while ensuring that the Delta remains a productive source of high quality water for California's population. Since both programs address agriculture, fisheries, and water supply needs in the Delta, the ISDP could complement a long-term Delta solution.

WHAT YOU CAN DO: Copies of the Executive Summary or the entire DEIS/EIR are available by contacting Judy Fong, Department of Water Resources at (916) 653-3496, fax (9l6) 653-6077.

Public Hearing: An additional public hearing has been scheduled for January 22, 1997 from 7:00 p.m. to 9:30 p.m. at the Tracy Inn, 30 West 11th Street, Tracy, California

***The comment period on the DEIS/EIR was

recently extended to January 31, 1997.***

***Comments should be sent to:***

Mr. Stephen Roberts

Department of Water Resources

1416 Ninth Street, Room 215-20A

Sacramento, CA 95814

For Further Information Contact: Stephen Roberts, Department of Water Resources at (916) 653-2118; or Al Candlish, U.S. Bureau of Reclamation at (916) 989-7255.

PUMPING CAUSES COMPLAINTS

On October 10, 1996, the Bureau of Reclamation announced that it would pump 130,000 acre feet of water from the Sacramento-San Joaquin Delta in November and December 1996. The water will be delivered to the Westlands Water District, a 600,000-acre agricultural area.

This action has caused outrage in the environmental community and salmon fishing industry, who say it violates the 1994 Bay-Delta accord. According to The Bay Institute:

These [Department of] Interior moves betray an agency which appears eager to satisfy Westlands Water District, no matter the impact on precious biological resources or the credibility of Clinton administration's promises.

On October 12, the San Francisco Chronicle reported that water users claimed that the increased pumping would represent a "payback" for reduced pumping in the spring aimed at preserving the San Joaquin fall-run salmon.

For Further Information Contact: The Bay Institute at (415) 721-7680; The Bureau of Reclamation at (961) 979-2180.



IV. OREGON

AG AGREEMENT SIGNED

GRAZING INITIATIVE FAILS

A ballot initiative to restrict livestock grazing on state and private land in Oregon, the "Clean Streams Initiative," failed in the November election by a margin of 64-36 percent (See Habitat Hotline Numbers 25 and 26). The Clean Stream Initiative would have made it illegal to graze livestock in water quality limited streams except as allowed by an approved water quality management plan.

Oregon Governor John Kitzhaber, who opposed the initiative, may have been a significant factor contributing to the surprising margin of defeat. Prior to the November 5 election, Kitzhaber had attempted to broker an agreement with agricultural interests aimed at making agricultural practices more water quality and fish habitat friendly.

On November 18, 1996, Kitzhaber's efforts finally came to fruition with the signing of the "Healthy Streams Partnership." The partnership brings environmentalists, ranchers, farmers and government agencies together to work on water quality problems in Oregon. The partnership "is designed to restore streams suffering from pollution in rural areas, including the effects of farming and grazing."

Said Kitzhaber at the signing:

I am very pleased to have been able to sit at the table with all partners to this agreement and come to a workable solution. Today, we are signing a document that will provide a framework for restoring water quality in streams across the state.

Some elements of the agreement are exerpted below:

This agreement identifies the general approach and limitations that all parties have discussed and agreed to in order to address the non-point source water quality problems facing Oregon.

Signers to the agreement included the Oregon Cattlemen's Association, Oregon Dairy Farmers, Oregon Trout and WaterWatch. These groups had been on opposite sides of the Clean Stream Initiative.

NOW WHAT: The initiative calls for an additional $20 to $35 million in spending for a watershed improvement fund per biennium. This will be a challenge in the 1997 Oregon legislature because of the passage of Ballot Measure 47. Passed in the last election, Measure 47 limits property taxes and ultimately will impact the State budget. Legislators will be pressured for funding from all sides in the coming year, especially by the education lobby. Hopefully the Governor, fisheries conservationists, and agricultural interests will see that the needs of Oregon's salmonids are addressed. The latest word is that the Governor may look to fund salmon restoration activities through bottle deposit or vehicle registration fees.

For Further Information Contact: Bob Applegate, (503) 378-6496 or Leslie Carlson (503) 378-6307 of Governor Kitzhaber's Office.

JUDGE RULES FOR STATE REVIEW OF GRAZING

In September 1996, a U.S. District Court Judge in Portland ruled that the federal government must have state approval before allowing cattle to graze along polluted streams in Oregon on U.S. Forest Service land. The state will be able to exercise its authority when cattle grazing permits are up for renewal. The Oregon Department of Environmental Quality could restrict grazing on those streams that are designated as "water quality limited" under the Clean Water Act. The Clean Water Act's section 303(d) requires each state to identify streams, rivers and lakes that do not meet water quality standards. These waters are referred to as "water quality limited" and states are required to establish a list of these waters - referred to as the 303(d) list.

Oregon's draft 303(d) list includes many anadromous fish streams where the beneficial uses are not protected or only partially supported for aquatic life. Water quality standards for fecal coliform, pH, and/or dissolved oxygen are sometimes exceeded in the Deschutes, Wallowa, Grande Ronde, John Day, Klamath, Sandy, Willamette, Siuslaw, Yaquina, Clatskanie, Kilchis, Wilson, Umpqua, Rogue, and Coquille rivers.

On November 1, 1996, DEQ closed the comment period on its 303(d) list.

IN RELATED NEWS, On Oct. 24, 1996 the Columbia River Inter-Tribal Fish Commission sent a letter to Oregon Governor John Kitzhaber and the Clinton Administration charging overgrazing of riparian areas on U.S. Forest Service land in the Wallowa Whitman and Umatilla Forests. According to the letter, photos were taken in the Wallowa Whitman and Grande Ronde River Basins showing harm caused by livestock to critical salmon habitat. Both streams contain listed stocks of Snake River chinook salmon. According to the letter:

The photos speak for themselves and are representative of examples throughout Oregon's National Forests. Such grazing makes a mockery of ESA purposes and procedures, and undermines court-ordered efforts to cure violations of state water quality standards in the Grand Ronde River. It also subverts the ostensible goals of the model watershed approach.

On November 1, 1996 The Oregonian reported that the U.S. Forest Service had "sharply denied allegations by Northwest Indian Tribes that the agency allowed cattle to damage streams that are crucial to the restoration of threatened Snake River salmon."



V. ALASKA

MINING RULE CAUSES CONTROVERSY

The Environmental Protection Agency (EPA) is proposing to allow "submarine tailings disposal" (STD) for solid waste for the "A-J" mine near Juneau, Alaska (See Habitat Hotline Numbers 13 and 15 ).

Below is a summary of the proposed EPA rule:

This proposed rule would amend the applicability of certain effluent limitations guidelines and new source performance standards governing mines with froth-flotation mills to the Alaska-Juneau (A-J) gold mine project near Juneau, Alaska. Specifically, EPA is proposing to exempt denatured tailings produced by the proposed A-J mine and mill from effluent guidelines based on best practicable control technology (BPT) and best available control technology economically achievable (BAT), and from new source performance standards (NSPS)...EPA also is proposing that a definition of "dewatered tailings" be added to...[the standards]...EPA is issuing today's proposal because the use of a tailings impoundment was part of the technology basis for the BPT, BAT, and NSPS requirements of subpart J; however, it appears that extreme topographic and climatic conditions at the A-J project site render it impractical to treat and dispose of tailings in a tailings impoundment so as to meet the requirements of subpart J. EPA would not take action to finalize this proposal if a feasible alternative for tailings treatment is identified that would obviate the need for the exemption. EPA expects to make a final determination with respect to this proposal by the end of 1996. Since this proposed rule is deregulatory in nature, no costs are estimated. The benefit of this proposed rule is the potential for increased flexibility in permitting the disposal of tailing wastes from the gold mine and mill operations, resulting in the mitigation of environmental impacts. Costs and benefits resulting from this action will be determined as part of the environmental assessment of feasible alternatives. During the preparation of this proposed rule, the Agency held consultations with State and local governments, industry, and public interest group representatives.

REACTION:

The battle over whether to reopen the A-J mine has been ongoing for years. Environmental groups charge that the mine poses a hazard to aquatic resources (see below). In December 1994, the owner of the mine, Echo Bay Alaska, agreed to a fine of $250,000 to pay for future monitoring expenses following investigation into the death of 300 fish near the mine.

According to Gershon Cohen of the Alaska Clean Water Alliance (ACWA):

These amendments to the NSPS have been proposed to benefit a Canadian mining company that has earned one of the worst environmental records in the industry. Submarine Tailings Disposal would contradict a policy that has guided the agency for fourteen years, subverting the goal of the Clean Water Act to eliminate the discharge of wastes to the nation's waters by authorizing a discharge that is now prohibited. The administration should not change an industry wide standard for the benefit of one corporation that cannot operate within the guidelines adopted cooperatively between the industry and the federal government in 1982.

According to ACWA, a list of the negative and highly unpredictable potential environmental impacts that could result from the STD waste disposal process includes:

WHAT YOU CAN DO: The Alaska Clean Water Alliance recently sent out an "Action Alert" on the proposed rule and is looking for fishing and environmental groups to sign onto another letter to President Clinton. The letter will be sent to the President in early 1997.

For a Copy of the "Action Alert" and For Further Information Contact: Alaska Clean Water Alliance, Box 1441 Haines, Alaska, 99827 Ph: (907) 766-2296, Fax: (907) 766-2290, Email: acwa@igc.apc.org.


VI. MISCELLANEOUS

IN MEMORY

John Thomas, Washington State Advisor to the Pacific States Marine Fisheries Commission, President and Founder of the White Salmon Steelheaders, and Executive Marketing Director of the Luhr Jensen company, passed away on August 13 at age 51. John was active in the Condit Dam debate on Washington's White Salmon River. In June of 1996, John received an award from the Washington Department of Fish and Wildlife for his "tremendous contributions to the fisheries resources of Washington." He will be missed.

CORRECTION

In the September 1996 issue of the Habitat Hotline we incorrectly listed the phone number to order the publication: "The Northwest Salmon Crisis: A Documentary History." The correct telephone number to order this publication is: (541) 737-3166.

To Order The Northwest Salmon Crisis: A Documentary History, Call: Oregon State University Press. Cost: $29.95 plus $2.50 shipping and handling for the first book (add $.75 S&H for each additional copy). Make checks payable to Oregon State University Press.

We apologize for any inconvenience this may have caused.

HABITAT INFORMATION AVAILABLE FOR WRITERS

In September 1996, the Pacific States Marine Fisheries Commission's Habitat Education Program released a media packet on salmon and their habitat. The media packet includes ten sample articles, camera ready graphics and informational tables and sketches, which can be reproduced.

The information is intended for public use. The articles are provided in hard copy and on disk in Word, Word Perfect and text format. They can be used intact or modified as you wish with local information. Because of their common approach, we envision that some publications such as sport and commercial fishing magazines and newsletters, as well as other conservation publications, might wish to run these articles as a series.

The packet also includes Getting Coverage: A Guide to Working With the News Media. This document was recently released by the group For the Sake of the Salmon.

An example of one of the graphics provided in the information packet can be found below:

To Order the Media Packet Contact: Liza Bauman or Teresa Fairchild of the PSMFC at (503) 650-5400. The packet is FREE of charge.



VII. UPDATES

FEDERAL

***As we go to press, the U.S. Army Corps of Engineers is about to make a decision regarding NATIONWIDE PERMITS (See Habitat Hotline Number 28). The Corps or a state with an approved wetlands program can issue a "general" permit for specified categories of wetland altering activities (discharge of dredge and fill material). Activities conducted under a general permit need not obtain an individual Section 404 permit as long as the general permit's requirements and standards are complied with. There are 37 existing nationwide permits. The Corps received over 3,700 comments on the reissuance. Environmental groups claim the general permitting system has resulted in significant adverse impacts to the nation's wetlands.

Senator Frank Murkowski (R-Alaska) has said that he will introduce an industry friendly MINING REFORM bill in the next Congress to compete with a bill likely to be submitted by Senator Dale Bumpers (D-Ark.).

On 11/04/96, Congress Daily, reported that the 105th Congress may become involved in developing new rules for the CONSERVATION RESERVE PROGRAM (CRP). Since 1985, the CRP has paid farmers to idle land to improve environmentally sensitive areas and reduce grain surpluses. The reason for possible Congressional action is that in September 1997, 27 million acres of CRP lands leases will expire. The reauthorization of last year's farm bill BANNED AUTOMATIC REENROLLMENT, and only allows reenrollment of "highly erodible" or "highly environmentally sensitive" lands. The fear by the Department of Agriculture is that they may have difficulty enrolling equivalent amounts of replacement land.

On 8/26/96, the Journal of Commerce reported that the tank barge operator Maritrans Inc. is suing the federal government for more than $200 million to recover losses the company says it will incur due to enforcement of the 1990 OIL POLLUTION ACT. Maritrans argues that its 37 single-hull tank barges will still be useful in 2003, when the vessels will be forced out of service under double-hull requirements of the 1990 law. The company claims that the losses constitute a "takings" of private property without compensation.

On 10/04/96, with passage of the Magnuson-Stevens Act, the MARINE FISH CONSERVATION NETWORK closed its doors. The group represented more than 100 diverse associations, including groups representing conservation, recreational and commercial fishing, diving, and scientific interests.

REGIONAL

Because of an October 1996 Court of Appeals ruling, the National Marine Fisheries Service will now have until August of 1997 before having to make a final ENDANGERED Species Act listing decision on STEELHEAD trout in California, Washington, Oregon and Idaho.

On 09/27/96, The Oregonian reported that the Army Corps of Engineers awarded a $7.6 million contract for construction of FLOW DEFLECTORS (flip lips) at JOHN DAY DAM on the Columbia River. Flow deflectors modify dam spillways to help reduce the level of supersaturated nitrogen gas, thus improving safety for juvenile salmon migrating downstream. Construction is to be completed by mid-1998.

On 09/23/96, the Bi-State Steering Committee released its final priority recommendations for the Lower COLUMBIA RIVER BI-STATE WATER QUALITY PROGRAM. For a copy of the recommendations contact Bill Young of the Oregon Department of Environmental Quality at (503) 229-6766 or Helen Bresler of the Washington Department of Ecology at (360) 407-6480. Further work on the Lower Columbia Estuary will now be carried out by the LOWER COLUMBIA RIVER ESTUARY PROGRAM. They are preparing a Comprehensive Conservation Management Plan over the next three years. Their address is 811 S.W. Sixth Ave., Portland, Oregon 97204.

The release of the INTERIOR COLUMBIA RIVER BASIN Ecosystem Management Project Draft Environmental Impact Statement (DEIS) has been delayed by the Clinton Administration. When the Project's Executive Steering Committee met with representatives of EPA, U.S. Fish & Wildlife Service and the National Marine Fisheries Service, there was a difference of opinion regarding the extent to which the alternatives satisfy federal laws such as the Clean Water Act, the Clean Air Act, and the Endangered Species Act. Concerns about implementation were also raised. The Upper Columbia River Basin Ecosystem Management Project is part of a 1993 Presidential directive to develop a scientifically sound, ecosystem-based strategy for management of federal lands east of the Cascades. The DEIS will provide management direction for the subsequent amendment of numerous national forest plans and BLM district resource management plans in the Interior and Upper Columbia River Basin. The draft EIS will not be out until DECEMBER 1996 at the earliest. For Further Information Contact the Upper Columbia River Basin EIS Project at (208) 334-1770.

OREGON

A proposed dam in the Umpqua River Watershed's Elk Creek Subbasin in southern Oregon has raised concerns because of its potential impact on endangered searun cutthroat trout, as well as the ESA candidate species coho salmon. The MILLTOWN HILL PROJECT would create a 24,143 acre-foot reservoir in Elk Creek and inundate 4-6 miles of spawning habitat. According to its proponent (Douglas County), the project will fulfill a portion of the existing and projected needs of urban and rural water users. In an October 29, 1996 letter, the Western Environmental Law Center (WELC), based out of Eugene Oregon, requested that the National Marine Fisheries Service take action to stop construction of the dam. The letter, signed by a coalition of groups including the Pacific Rivers Council and American Rivers, said: "These organizations and individuals are deeply concerned that the biological information generated to date on the Milltown dam does not reveal the realities of the dam's impact on fish habitat, but rather reflects the influence of parties who have an interest in promoting the Milltown dam." For Further Information Contact WELC at (541) 485-2471.

WASHINGTON

On 11/12/96, the Federal Energy Regulatory Commission released its Final Environmental Impact Statement on the Skokomish River's CUSHMAN PROJECT. Since 1988, the project has released flows of only 30 cfs to the North Fork of the river--or about 4 percent of the river's natural annual flow. Following the release of the FEIS, Tacoma City Light, the project licensee, said (according to the Tacoma News Tribune), that the project would be shutdown if they were forced to comply with the terms of the FEIS. However, according to Joseph Pavel, Tribal Spokesman of the Skokomish Tribe, "Abandoning the Cushman Project and letting others clean up the mess the city [of Tacoma] has made for the past 70 years is not a realistic option for the city. It simply won't happen. Tacoma for nearly 70 years has operated the Cushman Project with total disregard for the damage to the environment, the Skokomish Tribe, and the general public. It is time to pay the piper." Representative Norm Dicks (D-Wash.) is trying to resolve the battle between Tacoma City Light, the tribes, and federal resource agencies. However, there is a good chance that this issue will end up in the courts.

On 11/13/96, the Final Environmental Impact Statement for the ELWHA RIVER was released. Call Dr. Brian Winter of Olympic National Park for Further Information at (360) 452-0302.

Signatures for Washington State's INITIATIVE 188, the Marine Waters and Salmon Habitat Protection Initiative (see Habitat Hotline Number 27) are due by the end of December. For Further Information Contact The Campaign for Marine Waters in Seattle at (206) 623-7527; Olympia (360) 754-9177; Bellingham (360) 733-8307; or via Email at yes188@pugetsound.org, or via Internet at http://www.pugetsound.org.

On 8/29/96, according to the Associated Press/Seattle Daily Journal Of Commerce, WASHINGTON STATE and federal officials released a plan to treat 56 million gallons of RADIOACTIVE and toxic wastes stored in underground tanks at the HANFORD nuclear reservation. Under the U.S. Department of Energy and Washington Department of Ecology plan, one plant would separate the wastes according to health and environmental risk, while another would convert them into less volatile, glass-like logs through a process called vitrification. The project would begin in 2001 and end by 2028.

A group in GRAYS HARBOR County Washington is attempting to stop the construction of the proposed Stafford Creek prison. Concerns are that the prison will compromise water quality in the Grays Harbor estuary. A group calling itself "Stop the Proposed Prison" says that Grays Harbor is a shallow estuary and cannot handle the additional pollution that will be generated by the prison. One of the leaders of the prison opposition is Brady Engvall, owner of Brady's Oysters. According to Engvall, "The location that was chosen by the Department of Corrections is absolutely the worst site in relation to the total long term environmental impacts on the estuary." The group is currently involved in fighting the wetlands permit for the prison site. For Further Information Contact Brady Engvall at (206) 268-0077.

On 11/18/96 the Journal of Commerce reported that a U.S. District Court ruled that the state of Washington's OIL SPILL PREVENTION STANDARDS, which are "more strict than federal and international standards," are constitutionally valid. The decision, by Judge John Coughenour, "marked a major victory" for the Washington Office of Marine Safety and environmental groups who defended the regulations against a suit from the Norway-based International Association of Independent Tanker Owners (Intertanko). Intertanko sued the state in 1995, claiming its regulations for international oil tankers were unconstitutional because they went "way beyond federal and international requirements."

On 09/13/96, according to the Associated Press, a habitat restoration project being conducted by the Washington Department of Fish and Wildlife accidentally released silt into the TUCANNON RIVER, destroying at least one endangered Snake River chinook salmon spawning bed and possibly damaging others. In late September 1996, the Washington Department of Fish and Wildlife asked that it be prosecuted in the Columbia County District Court for the accident to demonstrate that they must abide by the same strict standards to which others are held.

On 11/19/96, the Puget Sound Water Quality Action Team unanimously adopted the 1997-1999 PUGET SOUND WATER QUALITY WORK PLAN. The plan describes local, state and federal actions necessary to protect the Sound's resources and water quality over the next two years. The plan will have more detail added on expected outcomes before being submitted the Washington Legislature on December 20, 1996. For Further Information Contact Susanne Hindle of the Action Team at (360) 407-7300.

CALIFORNIA

In October, California Sea Grant reported that research proposals were being evaluated for California's marine ECOLOGICAL RESERVES RESEARCH PROGRAM. The approximately $1 million research program focuses on marine enhancement and management. Research may be conducted in any of the four coastal ecological reserves established by the Marine Resources Protection Act in Humboldt, Monterey, Santa Barbara, and Ventura Counties. Research will begin in June 1997. For Further Information Contact California Sea Grant at (619) 534-4444.

On 11/14/96, the San Diego Tribune reported that California Coastal Commission delayed a decision on a request by Southern California Edison to curtail a comprehensive marine mitigation package including kelp REEF-BUILDING and wetlands restoration. The decision has been put off until February of 1997.

On 8/27/96, the San Diego Union-Tribune reported that the San Diego Baykeeper and the Natural Resources Defense Council filed a lawsuit in federal court against a San Diego shipyard for alleged pollution of the SAN DIEGO BAY. According to NRDC, the suit marks the first court challenge in San Diego focusing on ocean pollution from inadequate containment of storm-water runoff. The shipyard, Southwest Marine, is San Diego's second largest shipyard. The suit alleges that the shipyard allowed toxic metals such as copper, lead and zinc and cancer-causing agents such as tributyltin to drain from its ship repair yard into the bay during rainstorms. Southwest Marine environmental compliance consultant Dana Austin said the allegations were "without foundation" and claimed that the shipyards were "recognized as national leaders in environmental protection within the industry." The lawsuit followed written notices issued by Baykeeper and NRDC four months ago to San Diego's largest shipyards, including Campbell Industries and National Steel & Shipbuilding Co., urging them to comply more fully with pollution laws or face a citizen lawsuit.

On 1/9/97, the next meeting of the TRINITY RIVER TASK FORCE's Technical Coordinating Committee will be take place, either in Eureka or Arcata, location TBA. Greg Bryant from the National Marine Fisheries Service will be present to discuss how the Trinity River Restoration Program will deal with the potential listing of coho salmon and steelhead under the federal Endangered Species Act. An agenda will be posted prior to the meeting, along with minutes of past meetings. For Further Information Contact Tom Stokely Trinity County Natural Resources Division of the Planning Dept. at (916) 628-5949.

On 10/25/96, the San Francisco Chronicle reported that state wildlife officials, environmental groups and the Army Corps of Engineers began converting a network of salt evaporation ponds near Vallejo, California into a tidal marsh. The SONOMA BAYLANDS PROJECT, which will restore eight salt ponds in San Pablo Bay to tidal marshes, is expected to be completed by the spring of 1997.

ALASKA

There were over 22,000 Comments on the TONGASS LAND MANAGEMENT PLAN (See Habitat Hotline Number 27). According to the U.S. Forest Service, a majority of the comments expressed a desire to see streamside buffers expanded to protect fisheries. A final Record of Decision is expected in late fall. For Further Information Contact the U.S. Forest Service at (907) 586-8700.

On 09/06/96, according to the Associated Press, Vice President Al Gore announced a $33 million agreement to protect 64,000 acres of privately-owned forest land in EASTERN PRINCE WILLIAM SOUND (PWS), Alaska. The agreement, funded by the Exxon Valdez settlement, will prohibit commercial timber harvest, protect salmon and cutthroat trout habitat, and protect subsistence fishing by members of the Tatitlek Native village corporation.

MISCELLANEOUS

Editor's Recipe, Oyster Rockefeller Casserole: Fresh oysters, size of your liking; 2 cups chopped fresh spinach; 1/2 cup bread crumbs; 1/2 cup finely chopped onion; 1/2 cup finely chopped celery; 2 cloves minced garlic; 2 Tbs. snipped parsley; Tabasco; heavy cream; Dijon mustard. Sauté onion, parsley, celery and garlic in butter; add spinach and sauté until greens just begin to wilt, mix in mixture of dijon, hot sauce, heavy cream to taste. Fill baking dish one critter deep with oysters, place sautéed vegetables on top and along sides, cover with bread crumbs. Bake at 400 degrees until cooked to your satisfaction (10~15 minutes).

JUNIOR EDITOR JOINS STAFF: Olivia Josephine Phillips was born on September 8 at 7:45 PM weighing in at 7 pounds 3 ounces. At 20 inches in length, under Oregon's infant size regulation, she was immediately declared "a keeper."

The Staff of the Pacific States Marine Fisheries Commission Wishes You A Peaceful Holiday Season!

EDITOR'S NOTE: We welcome information on habitat news in your area. Information should pertain to habitat of marine, estuarine, or anadromous fish or shellfish. Feel free to fax us newspaper articles, copies of letters, public hearing notices, etc., to (503) 650-5426. Funding for this publication comes in part from Federal Aid in Sport Fish Restoration. If you have any questions regarding the contents of this publication, or about our habitat education program, please contact: Stephen Phillips, Editor, Habitat Hotline, 45 SE 82nd Drive, Suite 100, Gladstone, Oregon 97027-2522. Phone: (503) 650-5400, Fax: (503) 650-5426. Messages can also be E-mailed at Stephen_Phillips@psmfc.org. Layout by Liza Bauman (E-mail address: Liza_Bauman@psmfc.org). Printed on 100% recycled sheet with minimum 50% post consumer fiber. Date of Issue: 11/27/96.