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Methow Valley News

May 18, 2000

Endangered Species

NMFS considering delay of "threatened" salmon rules

Gorton wants similar latitude across the state

by Lee Hicks

Political pressure is being applied to National Marine Fisheries Service to allow solutions to be sought for salmon recovery on both sides of the Cascades without the threat of immediate Endangered Species Act enforcement.

Sen. Slade Gorton has written NMFS’ regional director Will Stelle expressing concern over NMFS’ delays in biological opinions and enforcement threats in the Methow Valley and other areas of the state.

Meanwhile, Gov. Locke’s chief resources advisor, Curt Smitch, was quoted in a Tacoma newspaper account that NMFS’ proposed 4(d) rule regarding "threatened" salmon listings in the Puget Sound area were, "a piece of junk."

Smitch told the Tacoma News Tribune that more public education is needed and that there "is a lot of room for improvement," in the proposed 4(d) rule which is scheduled to be released June 19. NMFS is said to be considering a delay in implementation until as late as December.

In his letter to Stelle, Gorton agreed that NMFS should extend deadlines for plans to protect Puget Sound salmon.

But the senator said he was concerned that NMFS has not offered extensions to government and other groups working on salmon recovery elsewhere in the state.

In some cases, Gorton wrote, the agency has held up "hundreds of projects statewide that would have little or no effect on salmon, or projects that would likely restore or protect salmon."

Gorton said he "was more troubled by situations such as in the Methow Valley, where local, state, and federal governments are working in good faith on an agreement to prevent an interruption in the flow of irrigation water...while also meeting needs to protect salmon."

NMFS has "provided no assurance that it will not pursue enforcement against Methow farmers in the event an agreement cannot be timely reached by the Department of Ecology, NMFS and the local entities on the issue of water rights."

In the Methow and elsewhere, Gorton asked Stelle to give assurances that enforcement will not be used as a threat while fish and water plans are being developed.

Gorton encouraged NMFS to adopt a "streamlined" approach to approving projects by agreeing to consider data from similar previously approved activities. These would include projects, such as traffic lights, that have been determined to have no effect on salmon as well as stream restoration or other projects to directly benefit listed species.

The senator asked Stelle to provide a list of projects awaiting NMFS’ review along with reasons for delays, a list of priority designation and a list of "numerical goals" achieved by the agency.

Gorton’s letter, dated May 4, followed testimony gathered at an April 20 Senate Interior Appropriations Committee field hearing in Redmond.

In related activity, the Methow basin planning unit will meet Wednesday (May 17) at 9 a.m. to discuss "parking lot" issues that need to be addressed in a proposed fish and water agreement with NMFS, U.S. Fish and Wildlife and state agencies.

Those issues, including NMFS’ enforcement of ESA while hydrology studies and habitat measures proceed, will top the agenda at the next negotiating session May 24 and 25.

Planning unit chairman Dick Ewing said Monday, "The main thing NMFS is concerned about is our work program and we have a pretty good organizational base to get that going."

Thus far the agreement work plan calls for hydrology studies of the relationship of surface and groundwater use, assessment of current water use in the basin, stream monitoring and irrigation ditch screens and other measures in a year-by-year plan to 2003. At that point a draft habitat conservation plan would be completed.

Ewing also represented the planning unit at recent meetings in Yakima with the state Department of Ecology to interview and select a special watershed "lead" planner for the Methow and Moses Coulee basins.

The announcement is expected to be made by DOE.

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