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



