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Methow Valley News April 20, 2000 Endangered Species Coverage Watershed unit begins critical fish and water talks by Lee Hicks To HCP or not to HCP? That key question led off a new round of negotiations early Tuesday (April 18) among the Methow basin watershed planning unit with federal and state agencies in its attempt to reach an agreement on fish and water issues. Kicking off at the Forest Service Twisp offices, the talks quickly departed from the original agenda to focus on whether a "habitat conservation plan" (HCP) should be the goal of the agreement, or just a possible option. Officials of National Marine Fisheries Service as well as state agencies questioned wording suggested by a planning unit proposal that suggests a basin watershed plan be completed in 2003 and, "if necessary initiate an HCP." Bob Turner, NMFS state director, said, "I need to get a real clear understanding of the objective of the plan." Turner said he had understood the concept would be to develop an HCP, which allows "incidental take" of Endangered Species Act listed fish. The new language, "threw me sideways," he said. Planning unit members explained there was some disagreement among the group as to whether an HCP should be the objective if other measures being pursued in the watershed planning process, enabled by state House Bill 2514, can prevent "take" of fish under the ESA. Turner replied that, "the law is no take unless and the ‘unless’ is an HCP and if you have an HCP you can have take." The law permits NMFS or other agencies to issue an "incidental take permit," if an HCP is in place, the agency has said. Without the HCP, water users are exposed to potential litigation from citizens and other agencies to enforce the ESA. But planning unit chairman Dick Ewing, who also sits on the negotiation committee, said the group viewed completion of the basin watershed plan, including hydrology studies and other data gathering, as a phase one step toward completing an HCP. As proposed, the basin plan would be completed in 2003 and additional work toward the HCP could proceed concurrently and continue until 2006. "We have to complete that (basin plan). That’s what we are arguing for," Ewing said. Turner also raised the issue of streamflows, noting, "NMFS has already decided that flows are a problem for fish (in the Methow basin)." He acknowledged that the planning unit may not agree. Planning unit members asked Turner if agreeing to move ahead with an HCP would guarantee "no enforcement" under ESA. Turner responded that the agency would only offer "prosecutorial discretion" until the HCP was completed. Represented at Tuesday’s negotiations, besides Turner, were key officials of U.S. Fish and Wildlife Service and the state departments of Ecology and Fish and Wildlife and state Rep. Linda Evans-Parlette. At one point, Parlette asked Turner: "Bob, can you list what we need to do so we can get you out of town?" "We need to negotiate the HCP and get it out for public review," Turner replied, then listed a number of measures including getting, "water back into the river." The planning unit recently elected Ewing, Greg Knott, Carl Miller, Ray Campbell and Marty Williams to serve on its steering committee. Opinion | Sports |
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