BOARD01617

• Board Meeting Date: 5/19/2003
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

.1

.l

.)

three years, with a final report to the President and the Congress, with interim reports every six
months.

In consultation with federal, state and local agencies, as well as private sector entities, the
Commission's water strategy recommendations are to: (A) respect the "prinlary role of States in
adjudicating, administering and regulating water rights and uses;" (B) identifY incentives to ensure an
adequate and dependable water supply for the next 50 years; (C) avoid "increasing mandates on State
and local governments;" (D) eliminate federal program duplication and conflict; (E) consider available
technologies for efficiently increasing supplies "while safeguarding the environment;" (F) explore
"means of capturing excess water and flood water for conservation and use in the event of a drought;"
(G) suggest fmancing options for public works; (H) ,consider conservation of existing supplies and
repair of aging infrastructure; and (I) include other appropriate objectives.

Alsea VaIIev Alliance v. Evans: The case will be argued before the U.S. Ninth Circuit Court of
Appeals on May 8. This is a case that calls into question the federal government's "science" in applying
the Endangered Species Act to Oregon coast coho salmon. Recall that on Sept. 13,2001, Judge
Michael Hogan of the U.S. District Court for the District of Oregon held that the National Marine
Fisheries Service (NMFS) should not have listed the Oregon coast coho salmon as threatened under the
Endangered Species Act. The ruling was based on a lawsuit filed by PLF's Northwest Center on behalf
of the Alsea Valley Alliance. In listing the salmon as threatened, the federal agency erroneously
distinguished between hatchery-spawned salmon and so-called "wild" salmon, which are biologically
indistinguishable.

By counting only "wild" salmon and refusing to count thousands of hatchery salmon-while also
endorsing the closure of hatcheries in the Northwest region-the federal agency kept the fish count
artificially low to justifY the ESA listing while maintaining regulatory control. Based in part on
, NMFS' listing policy, the Oregon Department ofFish and Wildlife systematically slaughtered
thousands of hatchery-spawned salmon and millions of their eggs in the Alsea River Basin between
1997 and 1999, claiming they were a threat to the genetic purity ofthe "wild" salmon.

PLF is fighting in the federal appeals court to uphold Judge Hogan's decision and to pave the way for
serious reform of the government's policy for applying the Endangered Species Act to Oregon coast
coho and other fish in the Northwest region, such as Southern OregowNorthern Califomia coho (i.e.,
Klamath basin salmon) and Puget Sound chinook salmon. That is, if abundant hatchery-spawned fish
are the same as their so-called "wild" siblings, then there is no basis for imposing land use restrictions.

For more information, contact Northwest Center managing attorney, Russell C. Brooks (425) 576-
9565.

Petition to List RoundtaiI and Headwater Chub: The center for Biological Diversity and Sky Island
Alliance filed a petition on April 2 with the U.S. Fish and Wildlife Service to list the Roundtail Chub
and Headwater Chub as endangered species.

The Center claims that the Roundtail was once abundant throughout the Lower Colorado River Basin
but is now limited to 19 small tributaries of the Gila, San Pedro, Salt and Verde rivers in Arizona and
New Mexico. The Headwater Chub is found in only 13 small tributaries ofthe Gila, Salt and Verde
rivers.

Possible listing of the Roundtail is of concern to Colorado given that the species is relatively abundant
in Colorado and other portions of the Upper Colorado River basin. Furthermore, the Colorado River
Basin States have been developing a conservation plan for Roundtail, Bluehead Sucker, and
Flannelmouth Sucker over the past few years. When the plan is adopted, it would preclude listing of
these species.

4