By Mike O’Bryant

Harassment of Caspian terns in the lower Columbia River estuary ran into
a roadblock this week when environmental groups filed for an injunction
against hazing the birds on Rice Island. The filing resulted in a
temporary restraining order stopping the hazing until at least April 24,
when a Seattle U.S. District Court will listen to arguments from both
sides.

The hazing was part of a plan to move the terns from Rice Island to East
Sand Island and was intended to reduce predation on juvenile salmon.
Active harassment of the terns was to have begun Tuesday.

At odds are two federal laws to protect species in danger of extinction.
The Endangered Species Act, which protects a portion of juvenile salmon
traveling through the estuary to the ocean, is driving actions to
protect the juveniles from the world’s largest colony of the predatory
birds. The terns arrive in the estuary to nest in April and stay until
July each year.

On the other hand, the Migratory Bird Treaty Act protects the terns and
the environmentalists say that also includes protection from harassment
planned by a Caspian Tern Working Group. They also believe the terns are
being unfairly blamed for Northwest salmon decline, while the real
issues of dams, habitat, hatcheries and harvest are being avoided.

“The terns are being used as a scapegoat for those who don’t want to
make tough choices on saving the salmon,” said Daniel Beard, senior vice
president of the National Audubon Society.

The conservationists said a link has not been established between salmon
decline and the rise in the Caspian tern population and that terns are
not the major factor in that decline. Roughly 10 percent of salmon are
devoured by terns in the estuary, but nearly 40 percent are destroyed by
dams, the groups said.

The Audubon Society, Defenders of Wildlife, Seattle Audubon Society and
the American Bird Conservancy filed suit against the U.S. Army Corps of
Engineers in a Seattle U.S. District Court on Monday asking for an
injunction to stop the harrassment. In response, Judge Barbara Rothstein
issued a temporary restraining order to stop the action until she could
hear both sides of the argument, but a hearing by conference call on
Thursday resulted in a decision on Friday to continue the restraining
order until a formal hearing, which the judge set for April 24.

“At this point, our work has stopped,” said Corps spokesman Matt Rabe.
“We won’t know what that means for the long term plan of moving the
terns until we meet with our other partners on the working group.”

He said there are about 1,000 terns present on Rice Island as of
Thursday, but he did not know how many were already nesting.

“The longer it takes to begin the work, the more difficult it will be to
successfully carry out our plan,” Rabe said.

Helen Ross, conservation director for the Seattle Audubon Society, said
she was pleased with the decision.

“We’re hopeful the judge will grant our request to for a full
environmental impact statement that will look more comprehensively at
the tern management plan,” Ross said.

She said alternatives to the current proposed actions involving
harassment of the terns could be to look more systematically at hatchery
operations and predatory avoidance. Hatchery fish swim closer to the
surface and terns cannot feed very deeply, she said.

But, most important, is that historical breeding areas are no longer
available to the terns and providing more areas along the coast could
disperse the birds better and reduce the predation problem.

In addition to an EIS, the lawsuit asks the court to prevent the Corps
from destroying tern habitat on Rice Island, which has been home to a
colony of about 8,000 nesting pairs of terns since the late 1980s.
Further, it asks the court to order the Corps to stop harassing the
terns and destroying up to 300 eggs until it has completed the EIS,
which the groups say is required under the National Environmental Policy
Act and will provide best scientific management for both terns and
salmon.

A recent NMFS biological opinion specified that the Corps move the terns
from Rice Island, where salmon made up 75 percent of their diet, to East
Sand Island, where biologists expect 40 percent of the birds’ diet to
consist of salmon. The rest will be made up of other marine fish
species.

The plan to move the terns to East Sand Island, which is downstream from
Rice Island and closer to the ocean, was developed by the multi-agency
Caspian Tern Working Group (see CBB April 7). Rice Island, which was
created by the Corps from dredged materials, provides the terns with a
platform from which they are believed to consume from 7 to 15 million
migrating juvenile salmon and steelhead each year. Many of those fish
are from populations listed under the Endangered Species Act. With the
move from Rice Island, the work group had expected to reduce salmon
smolt losses this year by 25 to 40 percent, or 3 million to 6 million
smolts.

According to National Audubon Society information, terns in the Columbia
River estuary account for two-thirds of the West coast population of
terns and one-third of the North American population.

Link information:
Tern Plan: http://www.efw.bpa.gov/cgi-bin/efw/FW/welcome.cgi


By Barry Espenson

The westslope cutthroat trout, a brightly colored fish found primarily
in Montana and Idaho and parts of Oregon and Washington, does not
warrant listing as a threatened or endangered species under the
Endangered Species Act, the U.S. Fish and Wildlife Service announced
today.

American Wildlands, Clearwater Biodiversity Project, Idaho Watersheds
Project, Inc., Montana Environmental Information Center, Trout
Unlimited’s Madison-Gallatin Chapter, and other groups petitioned the
USFWS to list the westslope cutthroat trout as threatened throughout its
range in 1997. The service found that the petition contained substantial
information to warrant a comprehensive review of the species’ status.

The petitioners stated that populations of the westslope cutthroat have
been greatly reduced because of habitat destruction from logging and
associated road building, adverse effects on habitat resulting from
livestock grazing, mining, urban development, agricultural practices,
and the operation of dams. Historic and ongoing stocking of nonnative
fish species that compete with or prey upon westslope cutthroat or
jeopardize the genetic integrity of the subspecies through hybridization
and excessive harvest by anglers were also listed in the petition as
causes for the decline.

The petitioners further asserted that programs to protect and restore
westslope cutthroat are inadequate or nonexistent and populations of
this fish continue to be threatened by a wide variety of ongoing and
proposed activities.

As a result of the subsequent status review, however, biologists found
the species is not threatened. The fish currently inhabits more than
23,000 miles of habitat in 4,275 tributaries or streams located in 12
major drainages and 62 component watersheds in the Columbia, Missouri,
and Saskatchewan River basins. In addition, it inhabits six lakes in
Idaho and Washington and at least 20 lakes in Glacier National Park,
Mont.

“Although the number of westslope cutthroat trout stocks in large rivers
and lakes and their principal tributaries has declined from historic
levels, the service found that viable, self-sustaining westslope
cutthroat trout stocks remain widely distributed throughout the historic
range of the subspecies, most notably in headwater areas,” said Ralph
Morgenweck, USFWS regional director for the Mountain-Prairie Region.

The petitioners, who have twice filed lawsuits in federal court to
expedite USFWS processes, had not yet decided how they would respond to
the decision, according to Rob Ament, executive director of the Bozeman,
Mont., based American Wildlands.

“We’ll have to review the rationale and see if it’s consistent with the
Endangered Species Act and make sure its based on biological science,
not political science,” Ament said. “I don’t know how they can justify
it.” Most of the fish and wildlife agencies in the affected states had
indicated they rather deal with westslope cutthroat restoration
themselves, where needed, rather than have the trout subspecies listed,
according to USFWS officials.

The fact that the petitioners asked the cutthroat be listed across its
historic range, including five states, “has huge ramifications,” Ament
said.

“I’m disappointed because the science said it is in serious trouble,”
Ament said. What the USFWS lists as a strength — headwater populations
— Ament considers a potentially fatal flaw.

“Any isolated population is at risk of extinction,” Ament said. “They
(cutthroat populations) can wink out. So (the USFWS) is saying there are
a lot of populations so that some of them can wink out. That’s absurd.”
Disease or such catastrophic events as severe flooding or forest fires
could devastate individual populations, he said.

“That’s the vulnerability of the westslope cutthroat,” Ament said. The
strong populations are concentrated in the headwaters and the fish no
longer proliferate in the river mainstems, he said.

“The run populations in the state of Montana is 2.5 percent of historic
range,” Ament said. Compounding the threat to remaining populations is
the fact that the causes of the decline — disease, hybridization with
other species and degraded habitat — are unchecked, he said.

“They’re all present and haven’t been addressed by either state or
federal agencies,” Ament said.

Most of the habitat for westslope cutthroat trout lies on lands
administered by federal agencies, especially the U.S. Forest Service.
Many of the strongholds for westslope cutthroat trout occur within
roadless or wilderness areas or national parks, all of which afford
considerable protection to the fish, according to a USFWS press release.

In addition, the U.S. Forest Service, the National Park Service, and
state game and fish departments reported more than 700 ongoing projects
directed toward the protection and restoration of westslope cutthroat
trout and their habitats.

The USFWS also concluded that westslope cutthroat gain some level of
protection from the ESA’s Section 7 consultation process in geographic
areas where their distribution overlaps with the distributions of one or
more ESA-listed fish species, specifically, bull trout, steelhead and
Pacific salmon species and their habitats on federal lands in the
Columbia River basin.

Westslope cutthroat trout is one of 14 subspecies of cutthroat trout
native to the Rocky Mountain region. The westslope cutthroat trout is
bright yellow, orange, and red. It is generally distinguishable from
other inland subspecies of cutthroat trout by the particular pattern of
black spots that appear on the body.

Westslope cutthroat trout were found historically in streams and lakes
in the upper Columbia River basin of western Montana, northern and
central Idaho, including the Kootenai, Flathead, Clark Fork, Salmon and
Clearwater river drainages and the Spokane River above Spokane Falls.

It is also found in southern British Columbia and Alberta, the upper
Missouri River basin of Montana and northwest Wyoming; the upper South
Saskatchewan River basin of Montana and Alberta, the Methow River and
Lake Chelan drainages in Washington; and the John Day River drainage in
Oregon.

The USFWS published its finding in today’s Federal Register.

More information concerning the westslope cutthroat trout is available
at:
http://mountain-prairie.fws.gov.

By Barry Espenson

A proposed federal land management plan for roughly 63 million acres in
Idaho, Oregon, Montana and Washington is intended to leave a lighter
footprint both on the land and on the resource-based economies within
that territory.

The Interior Columbia Basin Supplemental Draft Environmental Impact
Statement released for public review last week brings focus to a
“preferred alternative” during a 90-day public comment period.

“Of the three alternatives presented, Alternative S2 was identified as
the preferred alternative because it provides the best strategy for
protecting and restoring fish and wildlife habitats, improving the
health of forests and rangelands, and providing a more predictable level
of goods and services from public lands,” said Martha Hahn, Idaho state
director for the BLM and chairman of the Interior Columbia Basin
Ecosystem Management Project’s Executive Steering Committee.

The EIS summary says the preferred alternative also has the most
potential for avoiding future Endangered Species Act listings for
plants, wildlife and fish species.

The preferred alternative “uses basinwide information on resource and
social economic conditions to guide and prioritize restoration
activities where there is a potential to have the greatest benefit,”
according to Interior Columbia Basin Ecosystem Management Project
information. It is described as a means of developing and implementing a
coordinated, scientifically sound, broad-scale, ecosystem-based
management strategy for the interior Columbia Basin project area.

It also “institutes an analysis process whereby broad-scale information
is considered at finer scales through subbasin review and ecosystem
analysis at the watershed scale.”

The overall objective of the project and its preferred alternative is to
help the agencies “achieve our stewardship objectives and provide a
commodity that’s useable in our business world,” according to Andy
Brunelle of ICBEMP’s Boise office. It would provide a standardized means
of determining if proposed activities are consistent with the management
strategy’s overall aquatic and terrestrial habitat objectives.

The draft EIS summary document estimated that, in the first 10 years of
implementation, timber harvest volume would increase by 22 percent over
current levels. The size and quality of those logs would decline,
however, because of a focus on activities needed to restore forest
health, such as commercial thinning. Large increases — seven-fold in
the case of the preferred alternative — are projected in the use of
prescribed fire and fuels management to reduce wildfire threats, in many
cases in diseased stands.

“Clearly the direction here is to provide the activities to sustain some
of the older forest conditions,” Brunelle said.

The result would likely be “smaller diameter and less desirable species
from a lumber standpoint,” Brunelle said. The EIS estimates that direct
employment associated with the federal lands would increase by 3,900
jobs under the preferred alternative.

The EIS anticipates that the preferred alternative would reduce grazing
on the federal lands by about 10 percent in animal unit months during
the first decade of implementation. Along with that would come a loss of
an estimated 100 jobs.

The EIS summary document promises no miracle cure for salmon recovery.
Though chinook and steelhead habitat capacity would improve
substantially under any of the alternatives considered, population
status would show minor or no improvement, the summary says.

“Rehabilitation of depressed populations above several dams cannot be
accomplished via federal habitat improvement alone but will require
improvements in migration corridor survival and efforts to address
causes of mortality in other life stages,” according to the summary.

“However securing and restoring federal freshwater habitat may be
critical to the short-term persistence of many anadromous populations.”

Partners in the development of this strategy include the National Marine
Fisheries Service, Environmental Protection Agency, and the U. S. Fish
and Wildlife Service.

In July of 1993, President Clinton directed the Forest Service to
develop a scientifically sound and ecosystem-based strategy for eastside
forests. In response, the Forest Service and Bureau of Land Management
(BLM) initiated the Interior Columbia Basin Ecosystem Management Project
(ICBEMP) with the goal of creating a long-term, comprehensive strategy
for managing the public lands in the Basin. The project released two
draft environmental impact statements (EISs) for public comment in May
1997 and received over 83,000 public comments during the 335-day comment
period.

“We have responded to the public’s concerns and comments in the
Supplemental Draft EIS,” Hahn said. The supplemental draft EIS
supplements the Eastside and Upper Columbia River Basin Draft EISs
released in June, 1997.

Public comments received on the supplemental draft EIS will be
considered in the development of a final EIS and Record of Decision,
which would amend 62 land use plans for the 32 national forests and BLM
administrative units within the project area. The Final EIS will also
replace Forest Service and BLM interim strategies designed to ensure
protection of anadromous and inland fish habitat and old forests while
the project’s long-term strategies were being developed.

The cost of the project through fiscal year 1999 totaled $45 million
with $3.5 million budgeted by the Forest Service and $1.7 million by the
Bureau in 2000.

The two agencies have a total budget of $550 million to manage lands in
the project area with about $135 million of that already earmarked for
on-the-ground restoration activities, according to ICBEMP information.

Future funding levels, as determined by Congress, would affect the pace
at which proposed management strategies would be implemented. The
activities projected under the preferred alternative would require
funding increases of $67 million above current levels.

Much of the information compiled in the draft supplemental EIS is being
used in the short-term as a federal agency caucus assembles its final
“All H’s” conception recovery plan for ESA-listed Columbia Basin fish
and wildlife, according to Elizabeth Gaar of the NMFS. That final paper,
which is due in May, will attempt to identify actions necessary across
the 4 H’s — habitat, hydrosystem , hatchery production and harvest —
that are needed to recover listed species and potentially provide
harvestable population levels.

Federal land management activities and habitat restoration are “a big
part of the All H’s approach,” said Gaar, a senior policy adviser for
habitat and protected resources. The final EIS won’t be completed in
time to meet the All H’s schedule but much of the data and analysis done
by the Forest Service and Bureau will be helpful, she said.

“We need to have some specific and clear assumptions” about basin
habitat quality and quantity and how those measures can be improved.

She described the EIS as a “programmatic document” detailing management
direction.

“It’s primarily a process for analysis and decision making at a finer
scale,” Garr said.

The Columbia River Inter-Tribal Fish Commission’s Jim Weber said that
the Forest Service-Bureau of Land Management document supports a
long-held tribal assertion –improved habitat will help but can not be
relied on alone to achieve recovery standards, much less meet federal
treaty obligations.

If salmon migrant mortality is not addressed, federal recovery efforts
are not going to satisfy federal treaty promises to provide fish with
harvestable fish populations, Weber said.

The 90-day public comment period on the supplemental draft EIS ends July
6, 2000. During the comment period, public meetings will be held
throughout the project area:
April 18 – Salmon, Idaho; Salmon Valley Center, 200 Main Street, and
Walla Walla, Wash., Best Western Walla Walla Suites, 7 East Oak Street;
April 19 – Missoula, Mont., Boone and Crocket Building, Old Milwaukee
Depot, 250 Station Drive;
April 20 – Kalispell, Mont., Cavanaughs Best Western Outlaw Inn, 1701
U.S. Highway 93 South;
April 24 – John Day, Ore., Forest Supervisors Office, 431 Patterson
Bridge Road, and Libby, Mont., Libby City Hall, 952 East Spruce Street
April 25 – Lakeview, Ore., BLM/Forest Service Interagency Office, 1300
South G Street, and Coeur d’Alene, Idaho, Couer D’Alene Inn and
Conference Center, West 414 & Appleway;
April 26 – Boise, Idaho; location to be announced;
May 1 – Okanogan, Wash., Agriplex, 175 Rodeo Trail Road;
May 2 – Colville, Wash., Colville Community College, 985 South Elm
Street;
May 3 – Bend, Ore., Shilo Inn, North Highway 97, OB Riley Road
May 4 – Pocatello, Idaho; Cavanaughs Pocatello Hotel, 1555 Pocatello
Creek Road.

Written comments on the Supplemental Draft EIS will be accepted by mail
at Interior Columbia Basin Ecosystem Management Project, P.O. Box 420,
Boise, Idaho 83701-0420 or electronically at GOTOBUTTON BM_1_
www.icbemp.gov. For additional information and photos, a Supplemental
Draft EIS Information Packet is posted at www.icbemp.gov.

© Copyright 1997-2025 - The Columbia Basin Bulletin. All Rights Reserved.