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Methownet

Methow Valley News

October 7, 1999

Endangered Species Coverage

NMFS turns to private irrigators

Investigation follows MVID closing

by Lee Hicks

It appears the impact of endangered fish issues will spread to private irrigators as federal enforcement agents started activity in the Methow Valley last week.

Special agents of National Marine Fisheries Service were at the Methow River headgate of the Methow Valley Irrigation Ditch at mid-day Thursday (Sept. 30) as the ditch’s seasonal shutdown began.

They were joined by a senior state Fish and Wildlife biologist and two of that agency’s enforcement officers.

The NMFS agents returned after dawn the following morning, according to a nearby landowner, and were taking photos of dead fish in the ditch.

The landowner said he was told by one of about a half-dozen persons at the scene Friday that an "investigation" was underway.

The MVID headgate is off Evans Road south of the North Cascades Smokejumper Base.

There was also another report of fish stranded in the Chewuch ditch north of Winthrop.

NMFS officials confirmed agents were doing investigations in the Methow but said case reports had not been submitted by field agents as of Tuesday morning.

NMFS state director Bob Turner said, "I think they're finding some fish but I don't have any of the details."

Dayna Matthews, NMFS West Coast enforcement officer, said he had not talked directly with the field agents.

"We had a plan all year to be there at the shutdown of the ditches to document the effectivesness or ineffectiveness of any screens," Matthews added.

Jeff Tayer, regional director for the state Department of Fish and Wildlife in Ephrata, confirmed his agency was asked to join NMFS agents at the site.

Tayer said his agency received a call "requesting a contact in the Winthrop area."

The new Methow area wildlife agent was unavailable, Tayer noted, but agents from Pateros and Brewster were called. They were joined by the state agency’s Okanogan County district fish biologist, Heather Bartlett.

Tayer cautioned he could not speak for NMFS, but added, "As I understand it they were in the valley for two purposes: number one to insure that the ramp down procedures for the ditches were followed so fish were not unnecessarily or negligently stranded (when ditches were closed). And, secondly, to patrol and see if there were fish in the ditch to see if there were a screen problem."

Bartlett said she arrived at the Methow River headgate about 1 p.m. Thursday and was introduced to NMFS special agents Dali Borden and Carol Taraoka.

Bartlett said personnel were removing live fish from behind the headgate and in front of the fish screen when she arrived. She also removed five fish from an area around the concrete apron of the headgate, she said.

Bartlett said she identified the species of a number of fish out of about 100 in an area down from the headgate for about 200 yards.

She said there were five Chinook salmon and nine "steelhead-rainbows," among the live fish. She also identified one Chinook that had been dead for some time and a "stressed" Chinook that later died.

But, Bartlett said it was unlikely that the Chinook were spring-run, the fish listed under ESA. She explained that her agency had trapped most adult spring Chinook at Wells Dam in 1998.

"I wouldn’t feel confident making a determination(of spring-run), just as I couldn’t be confident making a steelhead determination," she said.

It is also difficult to identify whether a rainbow trout is a steelhead, an ocean-going fish, or a freshwater rainbow, Bartlett explained. She referred to the fish she identified at the headgate only as "chinook" and "steelhead-rainbows."

The next step, she said, is to write a letter to NMFS with her findings from the site visit.

Tayer said his agency has worked with various ditch operators to insure that procedures to avoid harm to fish are followed when ditches are closed for the season.

The ditch headgates should be closed gradually to minimize trapping fish and if fish are stranded, they can often be returned safely to the stream.

Tayer said his agency has informed ditch operators by letter and other means as to the safest methods for reducing ditch flows at the end of the irrigation season.

"There has been a good dialogue over time for that," he emphasized.

MVID president Gary Logan said Monday he was unaware of NMFS' activity related to the ditch. Both Logan and MVID secretary Paula Stokes said they had received no communication from NMFS regarding "Section 9" of the Endangered Species Act that applies to ditches on private land.

Logan said MVID’s ditch manager checks fish screens frequently to insure they’re working properly. State Fish and Wildlife is consulted if repairs are needed, he added.

In the past two years, NMFS has listed steelhead trout and spring-run Chinook salmon as endangered in the Methow basin under the 1973 Endangered Species Act. The US Fish and Wildlife service has listed the bull trout as threatened.

The impact of the listings was dramatized this past spring when NMFS determined operation of several irrigation ditches on Forest Service land would "adversely effect" or "jeopardize" listed fish. The Forest Service held up special use permits that would have permitted the ditches to operate.

The federal ditches fall under Section 7 of the ESA which requires federal agencies to consult on actions that might harm listed species. Private ditches, such as MVID, are subject to Section 9 regulations that apply to private property. The regulations prohibit "take," or activities that kill or harm endangered species.

Turner said Monday his agency will send a letter explaining Section 9 of ESA to private ditch operators. A draft was circulated several weeks ago to state and county officials.

He said the letter would explain that his agency, the county and state are interested in a "community-based collaborative effort" to address fish recovery.

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