[7] Fish Passage Center Gets Contract Extension Through November

The Bonneville Power Administration announced last week that it will extend the temporary contract of the Fish Passage Center through November to satisfy concerns that the power-marketing agency is complying with terms of a court order.

The 9th U.S. Circuit Court of Appeals granted a March 17 emergency stay of the FPC's defunding after an environmental group and the Yakama Nation separately filed motions to keep the center alive while the issue awaits a hearing.

The Niners have told all parties to get their briefs done by early August because arguments will likely be heard in September. The argument centers around the use of report language in an appropriations bill inserted by Sen. Larry Craig (R-Idaho) that called on BPA to quit funding the agency. Craig said the FPC played too much of an advocacy role in the region. The FPC analyses of river flows, spill and fish survival have been used by plaintiffs in the ongoing litigation over federal dam operations in the Columbia and Snake rivers.

But critics of Craig's move say it's illegal, and the issue could have ramifications far beyond the Columbia Basin.

BPA had earlier granted a one-month extension of the FPC contract. Greg Delwiche, BPA vice president for Environment, Fish and Wildlife said that the new, one-year contract BPA had signed with the Pacific States Marine Fish Commission for data warehousing is on hold. However, the contract with Battelle Northwest to take over the monitoring and analysis functions of the old FPC contract is in effect, so Battelle can develop the pool of scientific talent that will be used for future analyses.

Delwiche said that BPA would like to demonstrate that the new analysis function will work as planned, and be in place by next fall when the Niners will likely decide the case. Agencies or individuals requesting some type of analysis regarding dam operations, flows and fish survival may soon be able to choose either Battelle's Pacific Northwest Lab or the FPC staff to do the work. -B. R.

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