[1] Is Time Running Out For Spring Chinook?
By the third week in April, nervous Columbia Basin fish managers relaxed a little after spring chinook fish counts finally began climbing at Bonneville Dam. On April 23, more than 2,000 were tallied past the dam, more than twice the entire season's count through April 18.
Only 8,500 chinook had been counted by then, and it seemed almost impossible the run would hit the managers' nearly 300,000-fish preseason estimate.
The run has continued to build, but without blockbuster days like in 2001 when 27,000 fish were counted in a single day, that goal seems more impossible to reach.
Now that 47,000 chinook have passed the dam, managers have still been mum about a run update. Privately, they say the run looks like it's less than half over, but expect it to reach the half-way point sometime within the next week.
Meanwhile, jack counts, are soaring. Nearly 7,000 so far, compared to around 1,500 by this time last year. However, 2008 counts ended up around 22,000--and have provided managers with most of the evidence for their optimistic preseason prediction for 2009's spring run.
Other managers feel that no matter what happens from now on, it will be hard for the spring run to reach its preseason estimate. Tribal managers are particularly miffed that the states conducted their spring chinook fishery without enough conservation buffers in place.
They expressed their concerns in an April 28 letter from the Columbia River Inter-Tribal Fish Commission to the states' fish and wildlife departments. "The states have taken the position that there is no compelling evidence at present that the upriver run will not meet the pre-season forecast, but with each passing day of low counts at Bonneville Dam it becomes less likely that the exceptional run timing needed to support the states' lingering hope of a strong run will materialize.
"The timing of the 2009 run is obviously late. The timing of recent returns appears to be later and later. There are many potential factors related to the shift in the timing of the return at Bonneville Dam including cold water temperatures, increased pinniped predation, and increased fishing downstream of Bonneville Dam. A joint investigation into the causes for the apparent timing shift, the failure of the preseason forecast, and whether the timing shift will persist in the future is necessary."
The tribes said assumptions underlying spring chinook management and the catch sharing agreement with non-Indians are "incorrect," and strongly favor non-treaty fisheries, a situation that needs to be remedied under the US v. Oregon management regime.
While the tribes above Bonneville were having a hard time netting enough fish for their "first fish" ceremonies, non-Indian sport fishers had landed nearly 17,000 spring chinook below the dam. Gillnetters had caught another 3,280. Managers said that was close to expectations based on the expected run.
CRITFC harvest manager Stuart Ellis said it seems unlikely that the tribes will open any commercial net fishery for spring chinook this year. But he said catches had improved for their ceremonial and subsistence fisheries, with 7,000 to 8,000 caught, and another 730 landed in their platform hook and line fishery.
But water temperatures still haven't budged much above 10 °C, and may be the main reason fish aren't moving much upstream. So far, this year's numbers are tracking close to last year's, but are even later.
The 2008 run of spring chinook was expected to be one of the best in years--maybe the third-largest since Bonneville Dam's completion in 1938. But it ended up about 33-percent shy of the preseason estimate of 269,000 fish.
In 2008, May 4 was the peak day when the spring count nearly hit 10,000 fish. At that point, about 40 percent of the run had passed Bonneville Dam.
If this year's run is a week or so later than 2008's, it is possible that only about 15 percent to 20 percent of the run has passed Bonneville. In that case, the final tally might close in on the preseason estimate, but it would also mean the run would likely be the latest in modern history.
CRITFC's Ellis said he didn't think the run would end up anywhere near the forecast, but noted that in 2006, only about 22 percent of the run had passed Bonneville Dam by this time.
Meanwhile, California and southern Oregon salmon fishermen, who will be sitting out most of this year's fall chinook season for the second year in a row, got some good news.
Gary Locke, ex-Washington governor and the newly minted Secretary of Commerce, extended last year's "disaster" declaration and released more than $53 million to help fishers and related businesses. The funds are what's left of the $170 million allocated after last year's disaster declaration.
Scientists have pinned most of the blame for the Sacramento fall run crash on poor ocean conditions in 2005 and 2006, and over-reliance on few hatchery stocks. -Bill Rudolph
[2] Stimulus Spending Gives Hydro BiOp A Big Boost
The Corps of Engineers will replace barbecue grills at parks near federal dams, fix habitat in the lower Columbia, and dredge more of the shipping channel between The Dalles and Vancouver, Wash., as part of the $4.6-billion windfall in spending created by the Federal economic stimulus package.
The Corps' list of civil works projects, released April 28, includes about $2 billion for operation and maintenance, another $2 billion for construction, and most of the rest for the Mississippi River and its tributaries.
John Paul Woodley Jr., assistant secretary of the Army for Civil Works, said the stimulus bill would enable the Corps of Engineers to do much good for the nation.
"In addition to the opportunity to help the nation and her citizens recover from this time of economic hardship," he said, "the Corps will be able to use these funds to accomplish work on water resources projects that will benefit the nation for years to come."
According to information from the Corps' Walla Walla District, that division will fund about $34 million in projects, creating nearly 1,400 direct or indirect jobs over the next two years. This will be split among the Northwest states as $17.4 million for Idaho, $14.2 million for Washington, and $2.25 million for Oregon.
That includes spending more than $21 million for Columbia River fish mitigation in Washington, Oregon and Idaho. The Corps estimates that the Walla Walla District fish work alone will create more than 300 jobs and be completed by September 2010. The Corps' list refers specifically to awarding contracts to maintain progress or advance biological work "required by court decision."
That should please BiOp judge James Redden, who had asked parties in the ongoing litigation over the latest federal salmon plan whether agencies could tap into the new spending to help ESA-listed fish. At a meeting in early April, he heard from federal agencies, who announced more spending for estuary work (see story 3) that he had strongly suggested was needed before he might approve the latest salmon plan. But at the meeting, he brought up other possible actions--more spill, more flow, more mitigation, and dam breaching language that might be required before he OK'd the BiOp.
The feds said they would get back to him by May 1. In their response, they told the judge the Obama Administration had been briefed on the content and status of the 2008 BiOp and said the administration leadership had asked for another 30 to 60 days to "more fully understand all aspects of the BiOp."
The feds also said they had met with other plaintiffs, as the judge had suggested. They told the judge they would advise the Court and other parties of the leadership's perspectives on the BiOp after the 30- to 60-day period, "and whether additional discussions are warranted."
Judge Redden responded May 4. He was "encouraged" by discussions with the plaintiffs, and said the added time was "both appropriate and reasonable in order to allow the new administration to better understand the complex issues presented by this case. I am sure the additional time will be productive."
Redden said he would "soon provide the parties with guidance to assist them in effectively resolving the issues that go to the heart of the 2008 Biological Opinion."
But the Corps' Portland District is already committed to spending $131 million of its stimulus money in Oregon and southwest Washington. Nearly $7 million will pay for continuing environmental restoration near Eugene, Ore., and the lower Columbia River.
Another $28 million is slated for the design and construction of two new tribal fishing sites along the lower Columbia, along with completion of work at Celilo Village.
The Corps has two projects in the lower Columbia with a $3.2-million cost attached--continuing work at the Julia Butler Hansen Wildlife Refuge and other work to establish tidal connectivity between wetlands.
One of the priciest projects is the $7-million work to remove the surface bypass wall at Bonneville Dam's first powerhouse.
Corps' spokesman Rock Peters told NW Fishletter that the project is shovel-ready, with design and specifications work already completed. He said it wasn't at the top of their priority list, but was the one that was closest to being ready.
To qualify for funding, projects not only have to be shovel-ready, but must result in high, immediate employment; have little schedule risk; be executed by contract or direct hire of temporary labor; and complete a project phase, a project, an element, or provide a useful service that does not require additional funding.
The Corps' Seattle District will spend about $26 million on stimulus projects. Operations and maintenance funding includes work at Howard Hanson Dam on the Green River in Washington to address dam safety concerns, hiring seasonal staff to trap and haul pink salmon at Mud Mountain Dam near Enumclaw, Wash., improvements at Riley Creek recreation area on Lake Pend Oreille in Idaho, and dredging in Grays Harbor, Wash.
Seattle district construction funding includes restoration and levee set-back construction work in the Green Duwamish River basin in King County, Wash., and $1.8 million under Puget Sound and Adjacent Waters Restoration to initiate and complete construction of Phase II of the Seahurst Park component.
The Corps will also pay for a levee failure analysis for the Skagit River flood risk reduction study. -B. R.
[3] Estuary MOA May Save Agency Jobs And Fish
A proposed agreement between action agencies and the state of Washington to improve Columbia estuary habitat will likely benefit more than just juvenile fish. It may also help a few folks at the Washington Department of Fish and Wildlife avoid losing their jobs to the state's budget crisis.
The extra $4.5 million a year will undoubtedly help keep some staff on the payroll, and may go a long way to satisfy BiOp judge James Redden's concern that the feds' new salmon plan does not do enough to improve conditions in the Columbia River estuary.
Redden was skeptical of the feds' rosy BiOp analysis that estimated estuary improvements would boost juvenile fish survival 6 to 9 percent--helping NOAA Fisheries reach an ultimate no-jeopardy decision for dam operations.
The proposed MOA calls for doubling annual spending for habitat restoration in the estuary--nearly $41 million more over the next nine years.
"This initiative will significantly increase the pace of habitat restoration in the lower Columbia Basin, which is key to improving the survival of juvenile salmon," said Phil Anderson, WDFW's interim director.
But job security for other WDFW staffers won't be improving over the next two years.
A February staff email said about 100 of the 1,550 agency personnel would likely be laid off if Washington Gov. Chris Gregoire's budget deficit numbers were correct.
Staff cuts were being considered as a last resort, after department managers pursued efforts to trim other spending, increase recreational license sales and restructure agency operations, Anderson said in February. With personnel expenses consuming about 80 percent of the department's budget, other measures were inadequate to address the shortfall, he said.
The lay-off plans were based on an anticipated funding cut of more than $30 million from WDFW's $348-million, two-year operating budget. Gregoire called for reducing WDFW's budget by $30 million in her proposed 2009-11 state budget, and directed the department to reduce spending by more than $5 million in the current fiscal year.
Earlier this spring, it looked like even more staffers would likely be cut, because the deficit has ballooned since then to about $9 billion over the next two years. But when the state legislature adjourned in April after wrestling with the new budget, it had only cut WDFW's spending by about $25 million.
Meanwhile, BPA and the Corps of Engineers will split the added cost of the new MOA--with BPA increasing its commitment by $1.8 million annually, partly by reallocating research, monitoring and evaluation work that will now be funded by the Corps.
The Corps of Engineers is committed to seeking $2.7 million in annual appropriation to support the federal cost-share for estuary projects to be implemented by Washington to match with the increased habitat funding to be provided by BPA.
The state, in turn, is committed to completing habitat actions aimed at meeting biological objectives already spelled out by the action agencies.
Total spending over the next nine years is expected to be around $90 million for the projects themselves and another $60 million for research, monitoring and evaluation.
That may still not be enough to satisfy the judge. The BiOp called for funding $55 million in estuary habitat improvements over its 10-year life, while a recovery 'module' for the Columbia estuary developed by the feds estimated that it would take $500 million over the next 25 years to get it into shape.
At an April 2 meeting where federal attorneys announced the proposed MOA, Redden seemed less than impressed. He asked about prospects for more tributary habitat funding, more spill, and more water from Canada. And he raised the question of whether agencies could tap into cash from the recent federal stimulus package to help ESA-listed fish in the Columbia Basin (see story 2). -B. R.
[4] NOAA Releases More Pesticide Rules
The National Marine Fisheries Service released an April 20 biological opinion on three more pesticides that could hurt ESA-listed West Coast salmon and steelhead. The three--carbaryl, carbuforan and methomyl, are the latest to be scrutinized of 37 pesticides the agency had promised to review over the next three years.
Three others have already been reviewed and regulations drawn up for their use near salmon streams.
The new rules for EPA guidance that will take effect within one year call for no aerial spraying with 600-1000 feet of salmon waters, or ground application within 50 to 600 feet of salmon waters. No aerial applications of the three pesticides will be allowed when wind speeds are 10 mph or higher.
Carbaryl is widely used by Washington oyster farmers to combat a burrowing shrimp that turns beds mushy, causing oysters to sink and die in sediment. They protested when the new rules were announced.
They weren't the only critics of the new rules. EPA took issue with the lack of transparency in the draft BiOp released March. 18. In an April 10, 2009 letter to NMFS, EPA's Office of Pesticide Programs said it did not believe the available data supported the draft BiOp's jeopardy conclusions. Ten days later, NMFS issued a final opinion.
Environmental groups, who had initiated litigation years ago, were unhappy that the latest BiOp didn't include 20-foot stream buffers as did the first pesticide BiOp and the draft of this one.
"We're excited by the progress that this decision represents," said Aimee Code, the Water Quality Coordinator for the Northwest Coalition for Alternatives to Pesticides (NCAP), in an April 21 press release. "But we're concerned that NMFS backslid on an essential element needed to protect salmon. The science indicates that healthy vegetation next to rivers and streams filters out pollutants." -B. R.
[5] Oregon Anti-Gillnetting Bill Dies In Committee
Last week, proposed legislation in Oregon died that would have pushed commercial gillnetters out of the mainstem Columbia. It failed to move out of committee by the April 27 cut-off date.
The proposal was pushed hard by the Northwest Sportfishing Industry Association and included their plan developed last year which called for increasing gillnet catches by boosting the so-called SAFE fisheries, now funded mostly by BPA, that raised hatchery fish in netpens out of the mainstem to allow harvest with fewer impacts on ESA-listed fish.
The NSFIA said their plan would boost hatchery production in the lower Columbia, but commercials said there was little evidence that the area was amenable to such increases. A study by WDFW had backed them up (see NW Fishletter 253).
The plan doesn't jibe with a recent review of Columbia Basin hatcheries that recommended less production in the lower Columbia to reduce adverse impacts from straying hatchery fish on the spawning grounds of ESA-listed fall chinook.
The change would likely have boosted the sport catch of chinook because of reduced ESA impacts by the commercial gillnetters, which share non-Indian impacts with the recreational fishery.
Last year, the sportfishing industry group walked out on a task force set up to settle a long-running allocation dispute between non-Indian harvesters because their so-called SAFE for Salmon plan was not adopted.
If another proposed bill becomes law, it looks as if another windy task force (complete with mediator) will pick up where the old one (produced by the fish and wildlife commissions of the two states) left off.
The new task force language was added to another bill, originally sponsored by the Coastal Conservation Association. But it was gutted of its language calling for the use of more selective commercial fishing gear like purse seines and stuffed with new wording that would create yet another task force made up of sporties, and commercials, with added representation from legislators, tribes, the federal government, conservation groups, and ODFW.
The task force duties call for making recommendations to boost recreational and commercial fishing opportunities and suggest fishing gear "that may enhance commercial fisheries and provide additional access to hatchery salmon."
Yet another bill, introduced by Oregon state senator Fred Girod (R-Lyons) calls for outlawing gillnetting in the state. It hasn't made it out of committee yet. Other joint measures call for controlling salmon predators like sea lions and birds, and spending more on research to improve hatchery operations.
Girod also sponsored a resolution that calls for more policing of foreign fleets off the Oregon coast. In a February press release, Girod said the coast needed to be more aggressive about limiting foreign fishing in Oregon waters. Republican spokesman Michael Gay told NW Fishletter that the Coast Guard needs to step up enforcement to keep foreign net fishermen and tuna boats from catching US salmon.
But Girod's concern may be misplaced. It has been years since any high seas gillnetters have been nabbed for illegal fishing. In 2007, a 120-foot Chinese gillnetter was caught fishing 500 miles east of Japan with a hold full of shark and swordfish. -B. R.
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