{ "id": "R40169", "type": "CRS Report", "typeId": "REPORTS", "number": "R40169", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 587581, "date": "2016-08-08", "retrieved": "2020-01-02T15:31:09.746202", "title": "Endangered Species Act Litigation Regarding Columbia Basin Salmon and Steelhead", "summary": "The decline of salmon and steelhead populations in the Columbia Basin began in the second half of the 19th Century. Activities such as logging, farming, mining, irrigation, and commercial fishing all contributed to the decline, and populations further declined since the construction and operation of the Federal Columbia River Power System (FCRPS) in the mid-1900s. In 1991, the Snake River sockeye became the first Pacific salmon stock identified as endangered under the Endangered Species Act (ESA). There are now 13 salmon and steelhead stocks that are listed as either threatened or endangered.\nFCRPS operations have been analyzed through an ESA process intended to address the impact of operations on protected species. The ESA requires the federal operators of the FCRPS\u2014the Bureau of Reclamation (Reclamation), the Bonneville Power Administration (BPA), and the Army Corps of Engineers (Corps)\u2014to consult with the National Marine Fisheries Service (NMFS) of the Department of Commerce on how the FCRPS may impact listed species. At the end of the consultation, NMFS issues a biological opinion (BiOp) addressing whether the FCRPS action would jeopardize the continued existence of a listed species or damage its critical habitat. If jeopardy is found, NMFS is required to develop reasonable and prudent alternatives (RPAs) to the proposed action in order to avoid jeopardy.\nNMFS can recommend mitigation measures to avoid jeopardy, but protective measures for fish often come at a cost in terms of energy generation or irrigation supply from FCRPS. This tension between natural resources and energy production and irrigation is at the heart of conflict in the Columbia Basin.\nBeginning in 1992, NMFS issued a series of BiOps, nearly every one of which courts have found inconsistent with the ESA. Since 2000, federal courts have rejected all or part of NMFS\u2019s four prior BiOps and their supplements. While courts have consistently demanded changes to the BiOps, they also allowed portions of each BiOp to stay in place so that FCRPS operations could continue while the federal agencies attempted to remedy the BiOps. \nMost recently, in May 2016, the U.S. District Court for the District of Oregon held that NMFS\u2019s 2014 supplemental BiOp (2014 Supplement) did not comply with the ESA. The court cited flaws in NMFS\u2019s conclusion that protected species could be \u201ctrending toward recovery\u201d even if the overall population levels remained critically low. The court also called NMFS\u2019s habitat improvement data \u201ctoo uncertain\u201d and found that NMFS did not properly analyze the effects of climate change. \nThe district court also held that the FCRPS action agencies (the Corps, BPA, and Reclamation) violated the National Environmental Policy Act of 1969 (NEPA) by failing to prepare an environmental impact statement in connection with their proposals for operation of the FCRPS. Although it found the 2014 Supplement to be arbitrary and capricious, the court did not vacate the BiOp. Instead, it remanded for further consultation to be completed by March 1, 2018, and ordered NMFS to keep the 2014 Supplement in place in the interim.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R40169", "sha1": "a04e30c12a5b2bdfeb1407b59e54e21d5fb845e9", "filename": "files/20160808_R40169_a04e30c12a5b2bdfeb1407b59e54e21d5fb845e9.html", "images": { "/products/Getimages/?directory=R/html/R40169_files&id=/0.png": "files/20160808_R40169_images_401b55d4f27e42a7d39023c554f0178666cbb230.png" } }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R40169", "sha1": "745d15aa6a92b1a80a11dea8f079f740617722a2", "filename": "files/20160808_R40169_745d15aa6a92b1a80a11dea8f079f740617722a2.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4908, "name": "Oceans & Fisheries" }, { "source": "IBCList", "id": 4928, "name": "Wildlife & Ecosystems" } ] }, { "source": "EveryCRSReport.com", "id": 425061, "date": "2013-01-02", "retrieved": "2016-04-06T21:31:39.699668", "title": "Endangered Species Act Issues Regarding Columbia Basin Salmon and Steelhead", "summary": "Salmon and steelhead populations in the Columbia Basin have declined since commercial fishing began in the late 1800s, and declined further since the construction and operation of the Federal Columbia River Power System (FCRPS) in the mid-1900s. In 1991, the Snake River sockeye became the first Pacific salmon stock determined to be endangered under the Endangered Species Act (ESA). Since then, FCRPS operations have to be reviewed for their impact on ESA listed species. This means that federal operators of the FCRPS\u2014the Bureau of Reclamation (Reclamation), the Bonneville Power Administration (BPA), and the Army Corps of Engineers (Corps)\u2014are required to consult with the National Marine Fisheries Service (NMFS) of the Department of Commerce on how their actions may impact listed species. At the end of the consultation, NMFS issues a biological opinion (BiOp) as to whether the action would jeopardize the continued existence of a listed species or damage its critical habitat. As part of the consultation process, NMFS recommends mitigation measures to avoid harm. Protective measures for fish often come at a cost in terms of energy generation or irrigation supply, and this tension between natural resources and energy production and irrigation is at the heart of conflict in the Columbia Basin.\nBeginning in 1992, a series of BiOps were issued by NMFS. Courts have found almost all of them inconsistent with the ESA. The most recent BiOp was a 2010 supplement to the May 2008 BiOp, produced after the 2005 BiOp was remanded by a court for being arbitrary and capricious. In August 2011, that 2010 supplemental BiOp was also found insufficient by a federal court, and the temporary measures put in place in 2005 continue to dictate FCRPS operation. \nIn the meantime, NMFS authorized Washington and Oregon to kill sea lions that gather seasonally below the Bonneville Dam to eat salmon, steelhead, and sturgeon. The authorization was revoked in November 2010, following a Ninth Circuit decision that the permit to kill was contrary to law. The court found that NMFS could not justify killing sea lions when the sea lions\u2019 take of the salmon was shown to be no larger than that of commercial fishing, which the court found had not been curtailed. In May 2011, NMFS authorized states to kill up to 85 sea lions, but withdrew that authorization in July 2011. In March 2012, NMFS authorized Washington, Oregon, and Idaho to kill or remove up to 92 animals annually through May 2016. \nSince the first listing, steps have been taken to improve salmon and steelhead habitat. In a major action, removal of Condit Dam on the White Salmon River, a Columbia River tributary above Bonneville Dam, began with initial breaching on October 26, 2011. Upon completion, dam removal is expected to reopen 33 miles of habitat to steelhead trout and 14 miles of habitat to salmon. In addition, BPA continually modifies dams and associated structures to better facilitate upstream and downstream fish passage.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R40169", "sha1": "480c0f1ab7d2b3af817e4d493bfc4a586a10fb94", "filename": "files/20130102_R40169_480c0f1ab7d2b3af817e4d493bfc4a586a10fb94.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R40169", "sha1": "3e1b28c608a93564f93e210abd9ce45785a0a20b", "filename": "files/20130102_R40169_3e1b28c608a93564f93e210abd9ce45785a0a20b.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 312, "name": "Endangered Species" }, { "source": "IBCList", "id": 315, "name": "Ocean and Coastal Resources" }, { "source": "IBCList", "id": 4644, "name": "Federal Role in Ecosystem Restoration" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc795745/", "id": "R40169_2009Jan26", "date": "2009-01-26", "retrieved": "2016-01-13T14:26:20", "title": "Endangered Species Act (ESA) Issues Regarding Columbia Basin Salmon and Steelhead", "summary": "The construction and operation of the Federal Columbia River Power System (FCRPS) have reduced salmon and steelhead populations in the Columbia Basin. This report discusses the federal regulation of this system under the Endangered Species Act (ESA).", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090126_R40169_43a12604a2d525d3b90e9387759cbcb9d0f58bca.pdf" }, { "format": "HTML", "filename": "files/20090126_R40169_43a12604a2d525d3b90e9387759cbcb9d0f58bca.html" } ], "topics": [ { "source": "LIV", "id": "Endangered species", "name": "Endangered species" }, { "source": "LIV", "id": "Natural resources", "name": "Natural resources" }, { "source": "LIV", "id": "Endangered animals", "name": "Endangered animals" }, { "source": "LIV", "id": "Salmon", "name": "Salmon" }, { "source": "LIV", "id": "Dams", "name": "Dams" }, { "source": "LIV", "id": "Energy", "name": "Energy" } ] } ], "topics": [ "Energy Policy", "Environmental Policy" ] }